Monday, October 29, 2007

Politics, Human Rights, The Rule of Law: Restoring Habeas Corpus

Bruce Fein writes in The Washington Times:

The Founding Fathers enshrined the Great Writ in the Constitution to prevent the president from judging the lawfulness of his own detentions. Making proper deductions for the ordinary depravity of human nature, they worried that the president would be tempted to cast political or personal enemies into dungeons or to detain in furtherance of a political agenda absent checking by independent judges.

A narrow exception was made "in Cases of Rebellion or Invasion [when] the public Safety may require it," neither of which fits September 11, 2001, or the threat of international terrorism.

More here.

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