"There is no express grant of habeas [corpus] in the Constitution; there is a prohibition against taking it away."
As
theweaselking noted, "Using the same logic, of course, there's no right to bear arms, either - just because the constitution says you can't take it away doesn't mean it says you've got it." Remember the good old days, when there was a Supreme Court vacancy or two and Gonzales's name kept popping up as a candidate? Why, this fascinating exercise in hairsplitting is just what this country needs!
This IS your Brain On Drugs....
Date: 2007-01-24 11:52 pm (UTC)Actually Gonzales would be more corrector if he asserted that this was a position that might have been considered truthier prior to 09/11/2001 when the whole world changed.... but if you will go over the various litigations about the criminal searches without warrents that are going forward, you would be obliged to note that a 'right of habbeas corpus' has been dead in america for a few years now...
All that is required now is whether or not the president has resovled that you could at some point be considered a potential terrorist, and/or if the person detaining you has a reasonable, or unreasonable belief, that an order, lawful, or otherwise, might at some time be issued which would provide some form of legal cover, whether it would be lawful or not.
HTH.
Be Seeing YOU!