Habeas Corpus - Another Purported Safeguard Ignored When Convenient
2014-02-21 0:00

By Anthony Gregory | Cop Block



We know many things about habeas corpus. We know that it goes back to the Magna Carta and that the U.S. Constitution affirmed this bulwark of Anglo-American liberty. We know that habeas prohibits jailing people without cause, and that it remained healthy throughout U.S. history, except during wartime, until George W. Bush’s 2006 Military Commissions Act. And we also know that in 2008, the Supreme Court guaranteed basic due process rights for Guantánamo’s inmates.

The trouble is that none of these things are true. Five years ago, I believed the conventional civil libertarian narrative and began writing a paper to criticize the Bush administration and its nearly unprecedented violation of this sacred right.

My research revealed that much of what I knew about habeas corpus was wrong, and that many well-intentioned people had a romanticized view of the great writ. I published my findings in my Independent Institute book The Power of Habeas Corpus in America: From the King’s Prerogative to the War on Terror, and I found that as with other idealized state functions, habeas corpus has an uneven history.

Indeed, habeas is a government power — specifically a judge’s power to summon and question a case involving detention — and judges have used it to centralize their own authority. About a century ago, legal scholar Edward Jenks controversially wrote: “the most embarrassing discovery [is that] the more one studies the ancient writs of Habeas corpus … the more clear grows the conviction, that, whatever may have been its ultimate use, the writ of Habeas corpus was originally intended not to get people out of prison, but to put them in it” [emphasis in the original]. Jenks oversimplifies, but his point certainly complicates the popular understanding.

[...]

Read the full article at: copblock.com



Related Articles
Who Owns You? By Josie the Outlaw
UK Gov Just Passed a ‘Gagging Law’ to Outlaw Critics Ahead of 2015 Elections
Lobbies Switch From Influencing to Directly Writing EU Laws
The Jacobs Report - Natural Law


Latest News from our Front Page

Resident of Calais speaks. This is the death of civilization.
2016-02-10 21:46
Youtube description: Heart breaking description of how a government can destroy a city and a people. If ever there was an example of why a free people need a 1st and 2nd amendment style protection, this is it. Please watch it all. The original comes from here http://ripostelaique.com/le-temoignag... one of the most important websites in Europe. Source: youtube.com
Learning how white people ruin the world
2016-02-10 20:41
A conservative black activist warns that "white guilt" has found its way from our college campuses into the halls of the local high school.  Derryck Green of Project 21 says he's troubled by the "White Privilege Conference" coming in April in Philadelphia, Pennsylvania. The website for "The WPC" states that it purpose is to examine "privilege and oppression" in order to create ...
Controversial film shown at VA high school slammed as 'White guilt' video
2016-02-10 20:11
Some Henrico parents are outraged about a controversial video shown at Glen Allen High School. It tackles things like racial profiling and the school to prison to pipeline. The YouTube video titled "Structural Discrimination: The Unequal Opportunity Race," was shown to students at a Glen Allen High School Black History month program. "Dr. King gave his life so that America would ...
Turkey's Erdogan threatened to flood Europe with migrants: Greek website
2016-02-09 23:04
Turkish President Tayyip Erdogan threatened in November to flood Europe with migrants if European Union leaders did not offer him a better deal to help manage the Middle East refugee crisis, a Greek news website said on Monday. Publishing what it said were minutes of a tense meeting last November, the euro2day.gr financial news website revealed deep mutual irritation and distrust ...
Will Denmark Be The First Islamic Nation In Europe?
2016-02-09 23:44
Daily headlines prove that Europe is bursting at the seams with Islamists attempting to establish Sharia law and homegrown terror plots. France is ablaze with radicals, ISIS threatens they will send Spain back to the times of the Ottoman Empire, and Britain is much too concerned with appeasing Muslims that they are doing away with their own citizens’ free speech. The ...
More News »