Habeas Corpus
Before I get into things, I should provide a little bit of background. Habeas corpus is a latin term that translates as "We command that you have the body". In the legal world, it is a writ in which a person may challenge unlawful detention. The constitution guarantees the right of habeas corpus in Article 1, Section 9:The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion...
I wouldn't say that it is the most important piece of the constitution, but it is very much a founding principal of our country. Without habeas corpus, there is no way to truly guarantee so many other constitutional rights. It means that the United States does not place it's citizens under arrest as political prisoners. It means that everyone has the right to challenge detention - so if you are detained, the government can not keep you without showing just cause.
Guantanamo Bay
The Guantanamo Bay detention facility is something I've been against since I first heard about it. Yes - I believe that we have a right to capture, detain, and interrogate those who fight against us. But in my far-removed perspective, we are served better as a nation if we manage POWs in accordance with our national ideals.By not doing so, the United States greatly loses moral ground in the global arena and puts our troops at risk for future conflicts. It shows a lack of respect for existing conflict agreements, if not by the letter of them, certainly by spirit. The Guantanamo Bay situation is also unique in that the majority of the prisoners do not have a country actively negotiating for their release.
This is my position, and I feel quite strongly about it. It doesn't have any legal grounds. A much larger argument can be made for or against my position. My position comes into play as background because detainees explicitly do not have habeas corpus protection, and they are being held indefinitely, many without charges, many without trial, some who have been acquitted of their crimes.
This also comes into background because the Guantanamo Bay detention center is a mirror of what happens with absolute certainty to leadership opinion dissenters when habeas corpus protection is not in place. I'm not talking about dissenting from the current administration. I'm talking about any future political leadership that this country may one day elect.
Alberto Doesn't Believe in Habeas Corpus
The following quotes are straight from the mouth of Alberto Gonzales:... there is no express grant of habeas in the Constitution. There is a prohibition against taking it away.
I meant by that comment, the Constitution doesn't say, "Every individual in the United States or every citizen is hereby granted or assured the right to habeas."
The Attorney General is in place to uphold the law of the land. In this case, he is acting as a defense attorney parsing the least effective meaning out of our most important national document. This position is absolutely unacceptable, unforgivable, and most certainly un-American.
The ideals that this nation was founded on are not negotiable. We, as citizens, cannot accept this kind of leadership.
The Bigger Picture
There is a lot of propaganda out there that is very anti-administration, anti-White House. As we push towards a Presidential Election and as we painfully wait our way through a congress that is unproductive and constantly at odds with the Executive Branch, you have to pay great attention to what you are reading and not take it at face value. A lot more noise is being made by zealots on both sides than by reasonable people who truly analyze things or by people that have a real solution for moving forward.These quotes were taken out of context. These are statements made to the judiciary committee during some peripheral questioning by Senator Arlen Specter (R-PA).
Regardless of the context, however, these statements are indicative of mindset and personal philosophy. This man does not deserve the job he has. He should never have been appointed by the President, and he should never have been approved by the United States Congress. His cavalier attitude towards our most important founding principals was never hidden and these statements alone are not grounds for his dismissal. I will not miss him when he leaves office in whatever manner, and I expect more from my elected representatives.
Discuss Attorney General vs. The U.S. Constitution
