Bradley in DC
09-28-2007, 07:44 AM
http://media.www.thetriangle.org/media/storage/paper689/news/2007/09/28/EdOp/Habeas.Corpus.Cornerstone.Of.Liberty-2999685.shtml
Habeas Corpus: Cornerstone of Liberty
Justin Gero
Issue date: 9/28/07 Section: Ed-Op
Congress had the opportunity to pass a vitally important bill last week that would restore basic liberties to the people of this nation. The bill was cosponsored by Senators Patrick Leahy (D-VT) and Chris Dodd (D-CT), and would reinstate habeas corpus to those it has been abolished for. The bill needed sixty votes to pass, but failed even though a majority of fifty-six senators voted for it.
Habeas corpus is the right for an imprisoned person to be brought before a court to determine whether or not they have been imprisoned lawfully. Quite simply, if you are falsely imprisoned, habeas corpus is your right to prove your innocence.
The roots of habeas corpus can be traced back to 1215 when the Magna Carta was signed. It was again reaffirmed in English law with the passing of the Habeas Corpus Act of 1679, which was hailed as "a second magna carta, a stable bulwark of our liberties." It was adopted, and later ratified by the newly formed United States Constitution in 1787. Article I, Section 9 of the U.S. Constitution clearly states that: "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 is known as "The Great Writ," for without it, no other rights can survive the threat of tyranny. Alexander Hamilton, James Madison, and John Jay recognized this when they authored the Federalist Papers in 1788. Hamilton says: "the practice of arbitrary imprisonments, [has] been, in all ages, [one of] the favorite and most formidable instruments of tyranny."
So we see, throughout history, the importance of habeas corpus has been recognized time and time again. Why is it then, we have allowed ourselves to be frightened into forfeiting this right? The 109th Congress passed the Military Commissions Act (MCA) of 2006, right before the midterm elections. This effectively abolished habeas corpus for individuals declared "enemy combatants" by the U.S. government.
Following the passing of the MCA the American Civil Liberties Union (ACLU) said that Congress and this president were "turning away from a centuries-old tradition that is a cornerstone of our Constitution, and our freedom."
This is no exaggeration. The MCA gives this government the ability to imprison "enemy combatants" indefinitely, deny detainees any court review, and to hand down convictions based on evidence extracted from torture. Even if you are comfortable with George Bush having this kind of power, can you honestly say you would entrust this level of power to Hillary Clinton? This kind of broad reaching, unregulated authority should not be entrusted to anyone.
Some of our leaders try to ease our worries by saying that abolishing The Great Writ only applied to a small part of the population, but we have to recognize that when habeas corpus is abolished for even a few, it is abolished for all of us. How would we prove we are not aiding terrorists if the government accused us? How could we prove our innocence when such a basic right has been eliminated?
This should scare us, and we should keep in mind that even during the war of 1812, while the city of New Orleans was under siege by British troops, a federal judge issued a writ of habeas corpus for prisoners taken by General Andrew Jackson.
We may face terrorism in this day, but we forget that this nation had many trials before, and this will not be our last. We cannot allow fear to manipulate us; when we do that, we let liberty slip away. Our freedoms are fragile, and in the words of Benjamin Franklin: "Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."
It is an absolute disgrace that we are now fighting to restore a right that has its roots in the 13th Century. We should be ashamed at how much we have let fear erode our liberty. Call your Congressman and demand they restore habeas corpus.
Justin Gero is a pre-junior majoring in history, political science, and sociology. He can be reached at justin@thetriangle.org.
Habeas Corpus: Cornerstone of Liberty
Justin Gero
Issue date: 9/28/07 Section: Ed-Op
Congress had the opportunity to pass a vitally important bill last week that would restore basic liberties to the people of this nation. The bill was cosponsored by Senators Patrick Leahy (D-VT) and Chris Dodd (D-CT), and would reinstate habeas corpus to those it has been abolished for. The bill needed sixty votes to pass, but failed even though a majority of fifty-six senators voted for it.
Habeas corpus is the right for an imprisoned person to be brought before a court to determine whether or not they have been imprisoned lawfully. Quite simply, if you are falsely imprisoned, habeas corpus is your right to prove your innocence.
The roots of habeas corpus can be traced back to 1215 when the Magna Carta was signed. It was again reaffirmed in English law with the passing of the Habeas Corpus Act of 1679, which was hailed as "a second magna carta, a stable bulwark of our liberties." It was adopted, and later ratified by the newly formed United States Constitution in 1787. Article I, Section 9 of the U.S. Constitution clearly states that: "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 is known as "The Great Writ," for without it, no other rights can survive the threat of tyranny. Alexander Hamilton, James Madison, and John Jay recognized this when they authored the Federalist Papers in 1788. Hamilton says: "the practice of arbitrary imprisonments, [has] been, in all ages, [one of] the favorite and most formidable instruments of tyranny."
So we see, throughout history, the importance of habeas corpus has been recognized time and time again. Why is it then, we have allowed ourselves to be frightened into forfeiting this right? The 109th Congress passed the Military Commissions Act (MCA) of 2006, right before the midterm elections. This effectively abolished habeas corpus for individuals declared "enemy combatants" by the U.S. government.
Following the passing of the MCA the American Civil Liberties Union (ACLU) said that Congress and this president were "turning away from a centuries-old tradition that is a cornerstone of our Constitution, and our freedom."
This is no exaggeration. The MCA gives this government the ability to imprison "enemy combatants" indefinitely, deny detainees any court review, and to hand down convictions based on evidence extracted from torture. Even if you are comfortable with George Bush having this kind of power, can you honestly say you would entrust this level of power to Hillary Clinton? This kind of broad reaching, unregulated authority should not be entrusted to anyone.
Some of our leaders try to ease our worries by saying that abolishing The Great Writ only applied to a small part of the population, but we have to recognize that when habeas corpus is abolished for even a few, it is abolished for all of us. How would we prove we are not aiding terrorists if the government accused us? How could we prove our innocence when such a basic right has been eliminated?
This should scare us, and we should keep in mind that even during the war of 1812, while the city of New Orleans was under siege by British troops, a federal judge issued a writ of habeas corpus for prisoners taken by General Andrew Jackson.
We may face terrorism in this day, but we forget that this nation had many trials before, and this will not be our last. We cannot allow fear to manipulate us; when we do that, we let liberty slip away. Our freedoms are fragile, and in the words of Benjamin Franklin: "Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."
It is an absolute disgrace that we are now fighting to restore a right that has its roots in the 13th Century. We should be ashamed at how much we have let fear erode our liberty. Call your Congressman and demand they restore habeas corpus.
Justin Gero is a pre-junior majoring in history, political science, and sociology. He can be reached at justin@thetriangle.org.