Subject:
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Re: Where's Larry and Hoppy when you need 'em???
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Wed, 24 Jan 2007 17:57:14 GMT
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Viewed:
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2903 times
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In lugnet.off-topic.debate, John Neal wrote:
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Well, not considering 9-11 an invasion would be a literal interpretation, no?
...
The Constitution directs that habeas corpus can be suspended in certain
circumstances; it is not an “inalienable” right, unless you believe that
individuals can, through their own actions, forfeit their rights.
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I guess the distinction I’m trying to make here is that if Gonzales’s assertion
is accurate, there’s no definitions anywhere of what constitutes someone with
the right to habeas corpus and someone who doesn’t. In effect, it invalidates
Article 9 section 2 completely.
In your example, yes, there is no formal definition of “invasion” or
“rebellion”, so we could, in effect, define those terms arbitrarily and declare
that J. Random Citizen was rebelling by waiting in line at the store. But
there’s at least precedent and guidelines here. “Invasion” and “rebellion” have
definitions we can reference against. We might not AGREE on those definitions,
but at least we can deliberate on the terms.
If Gonzales is right, there’s nothing to discuss. “I think he SHOULD have a
right to habeas corpus”, “No, I don’t think he should”. There’s no legal
guideline to help us along. Heck, even if the Constitution specified “people in
good standing have a right to habeas corpus” that would be SOMETHING to go on.
But we don’t even have *that*, we’ve got zilch.
So, in effect, Gonzales is arguing to the point of *total* arbitrarity.
DaveE
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Message has 1 Reply:
Message is in Reply To:
 | | Re: Where's Larry and Hoppy when you need 'em???
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| (...) Well, not considering 9-11 an invasion would be a literal interpretation, no? (...) The Constitution directs that habeas corpus can be suspended in certain circumstances; it is not an "inalienable" right, unless you believe that individuals (...) (18 years ago, 24-Jan-07, to lugnet.off-topic.debate, FTX)
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