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January 16, 2008
The Price of Freedom
If you want to understand why some folks are making a fuss over "Habeas Corpus" these days, here's a little primer.
Habeas Corpus is a legal term that defines the basic right of someone to question why they are being held by the government. If the agency holding someone is presented with a "Writ of Habeas Corpus" the agency must either release the prisoner or present a valid justification for their arrest.
As I understand it, Habeas Corpus rights have been suspended for "unlawful enemy combatants" in the United States per the Military Commissions Act of 2006.
However, the MCA also states that even US citizens can be declared as "unlawful enemy combatants."
Here's where it gets spooky: the power to declare someone as such rests with the Executive Branch (the President) and once declared there is no right of appeal.
In essence, you could be declared an unlawful enemy combatant at the discretion of the President and held forever - without even the right to defend your innocence.
Whatever you think of the current President (it's totally irrelevant), just remember that this power, unless the MCA is overturned, will rest with all future Presidents as well.
Out of all the possible candidates, imagine the one you trust the least. Would you trust them with this power?
And that is why some folks are raising such a fuss.
Are they insane? Are they crazed "Bush Derangement Syndrome" victims with an axe to grind?
Or have they made a valid argument about a major shift that has stripped us of one of our most basic rights?
Chime in by clicking on the "comments" link below.
Posted by Mark Joyner at 11:02 PM | Comments (48) | Permalink | TrackBack














Is it not safe to say we should never trust anyone fully! This is something I have learned on my journey through life. I find it impossible for others not to have learned the very same thing. Why is it even questioned such power is not what I would consider a "good thing"! This type of power could be abused so easily, without question. Fascism is a word that comes to mind when I think about a power like this. I do not know about you, but it could lead to some very difficult times for this country if it were ever abused by our President. This is something that could be very detramental to our Constitution. We thank our Constitution was tested in a recent election, wait till an abuse of this power were to surface. This would be a real test to our Constitution. We had better start looking at what can happen because of the abuse of power, rather than the benefit of allocating such a power! What are the ramifications of such an abuse.