Wednesday, October 18, 2006
Habeas Corpus - R.I.P.
The Military Commissions Act was signed by President Bush yesterday. Another sad day for liberty... Following the Patriot Act this is the worst thing that could happen to the US right now. However, it is easy to see how it came about. Anyone in Congress who refused to back either of the bills would instantly be branded as a non-patriot. And so, following the slippery slope, here we are. At a time where the US will use its force against individuals without giving them the right to protection under the writ of habeas corpus.
If I was still doing constitutional research I would throw myself over the 5th amendment and pushi for an argument that automatically makes the MCA impossible due to the constitutional constraints. But in this case it is hard to say there will ever be a constitutional limit just because government authorities are given full control of how to implement these far-reaching attacks against individuals (suspected terrorists or what-have-you).
I wouldn't normally link to a lenghty statement like this one, but Feingold's statement on the Senate floor is to the point. So sad that his words didn't make the majority change its mind. I guess the Bush backers lack every form of understanding of concepts like due process and equality under the law.
If I was still doing constitutional research I would throw myself over the 5th amendment and pushi for an argument that automatically makes the MCA impossible due to the constitutional constraints. But in this case it is hard to say there will ever be a constitutional limit just because government authorities are given full control of how to implement these far-reaching attacks against individuals (suspected terrorists or what-have-you).
I wouldn't normally link to a lenghty statement like this one, but Feingold's statement on the Senate floor is to the point. So sad that his words didn't make the majority change its mind. I guess the Bush backers lack every form of understanding of concepts like due process and equality under the law.
