OrangeEmpire
The White Debonair
- Joined
- Nov 28, 2005
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A reader transcribed this exchange concerning habeas corpus from today's Senate Judiciary Committee hearings no official transcript yet:
I think his point is that because the federal government has been granted the power to suspend habeas corpus, the privilege itself is not always guaranteed. Without a fuller transcript that's how I read his statement.
For example, freedom of speech is guaranteed (theoretically) by the 1st Amendment because Congress is forbidden from legislating in that area. However, the privilege of habeas corpus is not guaranteed because the federal government is granted the power to suspend it under certain circumstances. Right or wrong, that's the Constitution.
I am not so sure such a distinction saves Gonzales' remarks. The clause is protecting Habeus Corpus every bit as much as it is protecting free speech. The only difference is habeus corpus may be suspended under certain circumstances whereas no such language appears in the 1st amendment regarding free speech. So in other words, the privilege of habeus corpus is not to be suspended UNLESS an invasion occurs. In ALL other circumstances the privilege is protected just as free speech.
Thoughts.....
:salute:
I think his point is that because the federal government has been granted the power to suspend habeas corpus, the privilege itself is not always guaranteed. Without a fuller transcript that's how I read his statement.
For example, freedom of speech is guaranteed (theoretically) by the 1st Amendment because Congress is forbidden from legislating in that area. However, the privilege of habeas corpus is not guaranteed because the federal government is granted the power to suspend it under certain circumstances. Right or wrong, that's the Constitution.
I am not so sure such a distinction saves Gonzales' remarks. The clause is protecting Habeus Corpus every bit as much as it is protecting free speech. The only difference is habeus corpus may be suspended under certain circumstances whereas no such language appears in the 1st amendment regarding free speech. So in other words, the privilege of habeus corpus is not to be suspended UNLESS an invasion occurs. In ALL other circumstances the privilege is protected just as free speech.
Thoughts.....
:salute:
