The Evansville Courier Press has a good opinion on the Supreme Court’s recent decision affirming the Bush administration’s obligation to abide by the Constitution which sets forth very specific conditions for the suspension of habeas corpus (rebellion or invasion), none of which are currently in effect. The opinion also calls out Justice Scalia for his fear mongering.
Habeas corpus, the Great Writ, is a legal principle first articulated in medieval England that gives a prisoner the right to be brought before a judge to hear the charges and challenge his imprisonment. It is one of the rights the Founding Fathers extended to the accused in the Constitution. Years ago, the Supreme Court observed that “habeas corpus is the fundamental instrument safeguarding individual freedom against arbitrary and lawless state action.”
. . .
What the decision won’t do — as Justice Antonin Scalia asserted it would — is to “almost certainly cause more Americans to be killed.” This is the kind of fear mongering that got us into this predicament in the first place.
(emphasis added).
My view is that there is no state action outside of the Constitution. As soon as government officials act in an extra-constitutional manner, they are simply acting as individuals. That’s not necessarily a recognized legal view.
Doug, pretty good timing on this story. is was 793 years ago on June 15, when the Magna Carta was signed and sealed by King John of England, thus putting into law the first version of Habeas Corpus.