habeas corpus?

Question

last I checked it only applied to Americans not terror suspects.

so am I wrong?

Answer 1

If you mean by that non-American citizens, then you're right. The issue becomes less clear when dealing with actual American citizens suspected of terrorism (ie: Jose Pedilla), who are entitled to the protections of the Bill of Rights.

It's also true that Habeas Corpus has been suspended before--first by Lincoln and in a time of war. And, there have been people suspected of treason tried via military tribunals, which don't have the same standards as civilian courts.

The right of Habeas Corpus should apply to all American citizens, and we should remember that anyone could be "suspected" of something. It's not a precedent we want to set--giving the government the power to throw people in jail without even charging them with anything. Habeas Corpus is the foundation of our liberty.

Answer 2

Habeas Corpus is a principle that is a cornerstone of our democratic justice system and is one that must apply to any and all persons that we as a country incarcerate. Already we have released numerous individuals from Gitmo because there was nothing to charge them with. This is also called being innocent. If the evidence is so overwhelming against them then why fear habeas corpus?
there is something wrong at Gitmo but we will not find out what until Bushco is gone.

Answer 3

Habeas corpus, the right to challenge your own detention, due process, and the notion that you are "innocent until proven guilty" are some of our most basic constitutional rights. It is SUPPOSED to apply to all americans, yet we find american citizens like Jose Padilla that get labeled a "terrorist" by the government and held incommunicado for years without charged for anything. The recently passed Military Commissions Act of 2006 states that foreign born "enemy combatants" don't have the right of Habeas Corpus:

Except as otherwise provided in this chapter, and notwithstanding any other law [emphasis added] (including section 2241 of title 28, United States Code, or any other habeas corpus provision), no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of enactment of this chapter, relating to the prosecution, trial, or judgment of a military commission convened under this section, including challenges to the lawfulness of the procedures of military commissions under this chapter.

HOWEVER, the Habeas Corpus restoration act of 2007 has just passed a vote in the senate and is on its way to revoking the unlawful military commissions act of 2006. With hundreds of people being RELEASED from Guantanimo after being held for years without charges and labeled "terrorist" by the government, it is hopefully only a matter of time before America becomes a nation of laws once again. Protecting people from the threat of terrorism and abiding by the constitution is not a mutually exclusive concept.

Answer 4

As far as I know, Habeus Corpus is derived from common law. It does not only apply to citizens, but ANY person. The term Habeus Corpus comes from the Latin, "we command that you have a body." This writ goes back to the 12th century, when people were held incommunicado, for long periods of time. It was sometimes done so without having any charges brought up against the person. It was first codified in the late 17th century in England.

Article One, section nine of the US Constitution states: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it."

It does not specify citizenry.

Answer 5

How about Americans who anger the monsters in this administration to the point they are labeled "terrorists?"

Habeas corpus is an essential part of the legal process and has been for over 800 years. The Bush administration has attempted to, and in many cases succeeded in, perverting our justice system, constitution and the entire concept of checks and balances.

Answer 6

And who gets to decide whether or not someone is a "terror suspect?"

You people really should think through some of the things going on around you. And I mean THINK about them.

Nobody, anywhere, under any circumstances should be imprisoned indefinitely, WITH NO CHARGES BEING BROUGHT AGAINST THEM, and with no real evidence.

bush is not a King. Or a dictator. Or a despot. Who can throw people in jail because he FEELS like it. Which is essentially what happened.

Or is he?

Answer 7

Yes you are wrong.

If a terror suspect is American, or in America they're entitled to the justice system.

Answer 8

funny - if you'd listened to our attorney general testify a few weeks back - he doesn't think any of us have the right.


and, can i ask you to ponder this a moment. let's say you are wrongly accused of a crime. you are a suspect. let's say you are wrongly accused of terrorism. you are now a terror suspect.

how on earth are you supposed to prove your innocence when you don't have habeus corpus rights?

ponder please that anyone can be arrested and charged with anything. me, my boys, YOU. innocent people are released from prison all the time. and, hopefully you noticed in the news recently that innocent people have been freed from our secret prisons.

please tell me you pondered the points. please. please. please. this is so important. we are in danger of losing everything because of uninformed Americans who are totally uninformed about our rights and our heritage (and the gangsters who've stolen our govt,)

so yes you are terribly, horrifically, dangerously wrong.

Answer 9

No your right. But Im sure you'll get a bunch of nutty responses about how the gov't is cracking down on our freedoms and that there are men in black following us and listening to us constantly. Although with close to 300 million people in the country, that men in black dept must be a pretty big govt bureacracy.

Answer 10

read it again,yes you are wrong it applies to everyone in the country which is why bush did not bring the suspects here.