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Habeas Corpus: Cornerstone of Liberty
Justin Gero
Issue date: 9/28/07 Section: Ed-Op
Congress had the opportunity to pass a vitally important bill last week that would restore basic liberties to the people of this nation. The bill was cosponsored by Senators Patrick Leahy (D-VT) and Chris Dodd (D-CT), and would reinstate habeas corpus to those it has been abolished for. The bill needed sixty votes to pass, but failed even though a majority of fifty-six senators voted for it.
Habeas corpus is the right for an imprisoned person to be brought before a court to determine whether or not they have been imprisoned lawfully. Quite simply, if you are falsely imprisoned, habeas corpus is your right to prove your innocence.
The roots of habeas corpus can be traced back to 1215 when the Magna Carta was signed. It was again reaffirmed in English law with the passing of the Habeas Corpus Act of 1679, which was hailed as "a second magna carta, a stable bulwark of our liberties." It was adopted, and later ratified by the newly formed United States Constitution in 1787. Article I, Section 9 of the U.S. Constitution clearly states that: "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 it."
It is known as "The Great Writ," for without it, no other rights can survive the threat of tyranny. Alexander Hamilton, James Madison, and John Jay recognized this when they authored the Federalist Papers in 1788. Hamilton says: "the practice of arbitrary imprisonments, [has] been, in all ages, [one of] the favorite and most formidable instruments of tyranny."
So we see, throughout history, the importance of habeas corpus has been recognized time and time again. Why is it then, we have allowed ourselves to be frightened into forfeiting this right? The 109th Congress passed the Military Commissions Act (MCA) of 2006, right before the midterm elections. This effectively abolished habeas corpus for individuals declared "enemy combatants" by the U.S. government.
Habeas corpus is the right for an imprisoned person to be brought before a court to determine whether or not they have been imprisoned lawfully. Quite simply, if you are falsely imprisoned, habeas corpus is your right to prove your innocence.
The roots of habeas corpus can be traced back to 1215 when the Magna Carta was signed. It was again reaffirmed in English law with the passing of the Habeas Corpus Act of 1679, which was hailed as "a second magna carta, a stable bulwark of our liberties." It was adopted, and later ratified by the newly formed United States Constitution in 1787. Article I, Section 9 of the U.S. Constitution clearly states that: "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 it."
It is known as "The Great Writ," for without it, no other rights can survive the threat of tyranny. Alexander Hamilton, James Madison, and John Jay recognized this when they authored the Federalist Papers in 1788. Hamilton says: "the practice of arbitrary imprisonments, [has] been, in all ages, [one of] the favorite and most formidable instruments of tyranny."
So we see, throughout history, the importance of habeas corpus has been recognized time and time again. Why is it then, we have allowed ourselves to be frightened into forfeiting this right? The 109th Congress passed the Military Commissions Act (MCA) of 2006, right before the midterm elections. This effectively abolished habeas corpus for individuals declared "enemy combatants" by the U.S. government.
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Citizen Catherine
posted 9/30/07 @ 8:30 PM EST
Excellent editorial, thank you. I linked to it from the blog.
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