Source: http://fauxcapitalist.com/2010/06/09...y-or-property/
My email to Pastor David Whitney of the Institute on the Constitution after his June 9, 2010 appearance on Radio Liberty with Dr. Stan Monteith:
Pastor Whitney,
I heard your very educational presentation of the Fifth Amendment on today’s show with Dr. Stan.
You said that you read an opinion by Justice Scalia, who you say has written many good opinions in keeping with the Constitution, and that in it, he argued that Grand Juries are independent of the three branches of government.
You later said that those Justices who found in favor of the city of New London in Kelo v. New London (2005), finding that private property could be taken for non-public use, should be impeached for violating their oath to uphold the Constitution, specifically the Fifth Amendment in this case. I agree wholeheartedly with you on that.
Now, consider the case of Hamdan v. Rumsfeld (2006), where Justice Scalia upheld President Bush’s denial of the writ of habeas corpus to Mr. Hamdan.
Article I Section 9 of the Constitution includes:
“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.”
Given that:
1) The Constitution grants powers to, and limits powers of, the federal and state governments;
2) The privilege in question makes no mention of applying only to U.S. citizens, nor does the Bill of Rights;
3) There was no rebellion or invasion at the time;
4) Congress didn’t suspend the writ of habeas corpus through that provision;
5) The President takes a constitutional oath to “preserve, protect and defend the Constitution of the United States”;
6) Justice Scalia is a self-avowed “originalist;”
Do you agree that Justice Scalia should be impeached for his decision in that case, as you argued for those Justices who found in favor of the city of New London?
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