Comments on: ah…forget what i said about all that habeas corpus crap

By: Benjamin Cardozo

Benjamin Cardozo — Wed, 15 Apr 2009 17:37:13 +0000

You are absolutely correct, I could not agree with you more, Obama’s Bush bashing during the campaign was meritless and unfounded in law or fact, which is also to tacitly admit that Bush and the DOJ reached the correct legal opinion regarding the privilege of habeus corpus. Detainees at Bagram are subject to the jurisdiction and procedures set forth in international accords and treaties, and not US criminal law and procedure.

By: sarainitaly

sarainitaly — Wed, 15 Apr 2009 12:53:23 +0000

the point of this post is obama’s campaign promises, he’s Bush bashing, and his subsequent reversal.

By: Northwest rain

Northwest rain — Wed, 15 Apr 2009 06:52:57 +0000

the kool aid drinkers ooze out of the gutter to support 0zero.

By: elise

elise — Wed, 15 Apr 2009 05:53:45 +0000

When people stop caring, tyranny is just a heartbeat away. It isn’t even necessary to be a patriot to want freedom yet we are letting it slip through our fingers in our preoccupation with the mundane and trivial. Next to life itself, it is our most precious birthright in the US thanks to a document written two hundred years ago by some wise and intelligent men who, even while writing and signing, were pondering the future generations dedication to it’s protection. What a legacy to leave our children! They won’t thank us for not warning them the government should be kept in chains and it’s power to abridge our rights denied.

By: cali

cali — Wed, 15 Apr 2009 05:30:22 +0000

Obama is a liar. He is “fundamentally” flawed.

By: Benjamin Cardozo

Benjamin Cardozo — Wed, 15 Apr 2009 01:23:10 +0000

The US Constitution is first and foremost a contract between the citizens of the US, acting through their respective state governments, and the federal government. The various articles and amendments to the Constitution specify which powers of governance shall be delegated to the federal government by the states for the common good, which powers shall be reserved to the individual states, and which rights shall be fundamental rights, inalienable in and endowed to the individual citizen,which neither the state or federal government can infringe upon. The US Constitution is a document imposed by the people upon government and not one that has been imposed by the government upon the people (this latter aspect is what Obama has considered a fundamental flaw in the US Constitution, that all rights “negatively” belong to the people because the government can not infringe upon them instead of rights “positively” belonging to government and government decides how those rights are parceled out to the people).

Habeus corpus is not one of the fundamental rights enumerated in the Constitution, it is specified as only a privilege conferred by the government upon the citizens. This is an important distinction. Since we consider fundamental rights to be inalienable in and endowed to the individual, we willingly extend these rights to the noncitizen who has come under the jurisdiction of the US. Otherwise it would be the height of arrogance and hypocrisy to say that only citizens have the right to be protected in their thoughts, words, deeds and property.

However, habeus corpus as a privilege conferred upon the citizen need not be extended to the noncitizen unless such noncitizen has first subjected himself to the jurisdiction and laws of the US. Should the noncitizen subject himself to US jurisdiction, then such noncitizens wrongful acts are considered as a criminal matter and he should be treated no differently than as a citizen.

However, there is no rational for for extending the privilege of habeus corpus to the noncitizen whose wrongful acts are the subject of acting as a non-uniformed combatant against a lawfully established and UN recognized government. Such persons are thus outside the scope of US criminal law and governed by international accords and treaties. The matter and manner of detention for such noncitizens becomes one of executive privilege under the Constitution. Obama is right on this one.

By: sarainitaly

sarainitaly — Wed, 15 Apr 2009 00:27:04 +0000

thank you! :OD

By: cali

cali — Wed, 15 Apr 2009 00:25:17 +0000

I care. I will ALWAYS care.

Thanks for the post, AG! Keep ‘em coming.

By: cali

cali — Wed, 15 Apr 2009 00:23:08 +0000

The new boss is the same as the old boss.

Yippee skippy.

By: sarainitaly

sarainitaly — Tue, 14 Apr 2009 23:41:13 +0000

maybe we can bump it up next week then. :O)

By: Buzz Latte

Buzz Latte — Tue, 14 Apr 2009 23:15:20 +0000

Habeas Corpus is important, but it’s tax week and so the economy is taking the forefront.

Next week on this thread may be a different story!

By: sarainitaly

sarainitaly — Tue, 14 Apr 2009 22:50:24 +0000

it doesn’t seem that many people even care… it’s like a ghost town in here. haha

By: Politicalidentitycrisis

Politicalidentitycrisis — Tue, 14 Apr 2009 22:30:29 +0000

Well, one could argue that he lied about being the first black POTUS. He is in fact only half black. I’m really not concerned with his color though. He could be pink with green stripes and blue polka dots for all I care. I do care that he is a liar and an ass!

By: allimom99

allimom99 — Tue, 14 Apr 2009 22:29:31 +0000

But who is talking about this? Who will question him about it? I’m not holding my breath, but the whiplash IS stunning, isn’t it? They just wouldn’t listen to us, and now look….

By: jbjd

jbjd — Tue, 14 Apr 2009 21:44:44 +0000

…but at least, he’s still black. After all, isn’t that why most people voted for such an ‘otherwise’ inferior candidate?