Washblog

Restoring Habeas Corpus

Whereas the principle of habeas corpus protects the individual from unlawful imprisonment by requiring a prisoner be brought before a judge to hear the charges leading to imprisonment, and to determine whether there are sufficient grounds for the individual to be held; or whether the prisoner must be released;

Whereas habeas corpus is an integral part of due process and dates back to the 12th century in England and the Magna Carta;

Whereas habeas corpus is protected in the US Constitution in Article One, Section 9: "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";

Whereas the Sixth Amendment, in further support of that principle, assures that "the accused shall enjoy the right ... to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him";

Whereas the Supreme Court has recognized the fact that "the writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action" (Harris v. Nelson, 1969) and that the writ of habeas corpus could not be denied to an individual by attempting to have military tribunals try civilians where civil courts were open and available, even during times of war (Ex parte Milligan, 1886);

Whereas the Bush administration's following attacks on the right of habeas corpus pose serious threats to our freedoms as guaranteed under the Constitution such as:

• Alleging that "The Constitution doesn't say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus";
  
• Being the major force behind the enactment of the Military Commissions Act of 2006 (Oct. 17, 2006) under which the President is given the power to declare any non-citizen an "unlawful enemy combatant" and put the person into a system of military tribunals with severely limited rights, including suspension of the right of habeas corpus;
  
• Extending the reach of potential abuses allowable under the Military Commissions Act of 2006 to citizens and non-citizens alike,
  
• Providing Military commissions with sole authority and jurisdiction in matters subject to the Act, providing that no other court, justice or judge be able to review a case or even review the lawfulness of military commission procedures; and

Whereas several bills (S. 185 and H.R. 1416, the Habeas Corpus Restoration Act of 2007; and S. 576, Restoring the Constitution Act of 2007) have been introduced in Congress in 2007;

Now therefore be it resolved that the 36th Legislative District Democrats endorse the restoration of habeas corpus for all persons and that we work with our Congressional Representatives and Senators to restore habeas corpus.

To contact Susan Casey, you can email her at scompost at juno dot com.