Recently, the Supreme Court made a third ruling on detainee rights, specifically affecting detainees at Guantanamo. Like the other three rulings, the court once again stated that these individuals do have some basic rights to access courts.
John McCain blasted the ruling as one of the worst rulings ever. I am most concerned by this.
When I went to school, I was taught that Judges, Senators, Presidents, the military, gosh - a whole ton of people - were sworn to uphold and protect the Constitution of the United States. Of course, I could be wrong. I may not have the most recent copy of the Constitution, so there may have been changes since my copy, but mine states: "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."
Wikipedia says "The United States Constitution specifically included the English common law procedure in the Suspension Clause, located in Article One, Section 9." This makes me think the authors were pretty well set on its importance, intent, and use.
So, I ask you, Senator McCain, were the framers of the Constitution in error? Perhaps they were not serious? Maybe they were really not thinking of today's world - they may have been afraid of the autocratic power of King George? Aren't autocrats always a problem?
Senator McCain. I am more afraid of Presidents and lawmakers abusing many, many humans than I am of Guantanamo detainees getting due process. NOBODY says to let them out willy-nilly. But, Senator McCain, due process has worked well for us for 219 years. We were an open society, a country of laws, a leading culture - they attacked - we knee-jerked away the rights of all people. HMMM, sounds like they won.
Give me Habeas Corpus. Give me the Constitution.
-jb
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