What is Habeas Corpus and why is it important?

 

What is Habeas Corpus and why is it important?

It is a legal term and it means that a government can’t hold you without bringing you before a court and charging you with a crime or otherwise showing why you should be held in jail.

In law the definition is: “a writ directed to someone who has custody of a person (government), ordering him or her to bring the person before the court issuing the writ and to justify why the person is detained in custody.”

The Constitution of the United States, Article 1, Section 9, clause 2 provides 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"

Without this RIGHT no American has any freedoms under the Bill of Rights or any other part of the US Constitution.  If you can’t get into a court to claim your rights – you have NO RIGHTS.

The American law is based on the Magna Charta (adopted in 1215) and that stated: "No free man shall be seized, or imprisoned, or disseised, or outlawed, or exiled, or injured in any way, nor will we enter on him or send against him except by the lawful judgment of his peers, or by the law of the land.".

This principle has always been accepted by all in America, liberals, moderates and conservatives; Republicans and Democrats.    

In my opinion it is based in part on our Christian values of both the Second Commandment and the Golden Rule.  I feel that when man does something good, God is involved in some way. 

Matthew 22:39-40 

39"The second is like it, YOU SHALL LOVE YOUR NEIGHBOR AS YOURSELF.'

40" On these two commandments depend the whole Law and the Prophets."

Matthew 7:12 

12 “Therefore all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets.”

It was suspended during the Civil War, but even then there was outrage over holding any man (human being) in prison without allowing them to prove they are innocent of whatever they are charged with.

Bush signed a law in 2006 suspending the right of habeas corpus to persons "determined by the United States" to be an "enemy combatant" in the Global War on Terror. No real definition of “enemy combatant was given – it is who they say it is.  It could be you.  Under pressure many Republicans and democrats voted for this with great reservations. 

This commitment to a fair hearing has been almost totally eliminated by the Bush gang.  Obama now claims the same right to not allow someone in prison to obtain a writ of Habeas Corpus and demand a fair hearing in court.

If those who hate freedom (right-wing nut-jobs &Obama) can eliminate this right for some they can eliminate the right for you and me.

Some courts have held that non citizens have no right to go to court and challenge being held in prison for life.   They have also said this may in times of national security apply to you and me and our children.  If a President (any President) proclaims you are a threat to national security – you may not ever be able to get into a court to challenge this charge. 

This is being done under the cover of the great threat from Al Qaeda – all 5,000 of them now hiding in caves in Pakistan afraid to show their faces.  America was attacked 9/11/2001 – over 8 years ago.  No American has been killed inside America since then.  Al Qaeda can’t invade and conquer America and they can’t cause any kind of rebellion. 

The only thing that stands between freedom in America and no freedom is access to our rights under the US Constitution and the Bill of Rights.  Many in this country don’t like giving those they hate these rights.  Oh they want the rights for themselves and would scream bloody murder if they didn’t have the rights.  They are not listening to Jesus in this matter.

One way the Bush gang used to avoid granting these rights was to hold Americans out of the country in GITMO.  There were many court battles in Superior Court over this and most courts said this was illegal and those being held had a right to their day in court.

This never got to the US Supreme Court, but several members including Scalia said non-citizens didn’t have to be granted this right. 

We are not too far from a dictatorship if we lose our right to Habeas Corpus. 

When I was much younger I felt that those that committed terrible crimes weren’t due any rights.  The problem with this is many people that are charged with a crime are innocent.  If they have no right to go to court we are all lost.

A RIGHT isn’t a right if it can be taken away – it is then just a privilege that someone gives you one day and can take away the next.

We need to protect our rights under the Constitution for everyone so we can have them for ourselves.