frankie's Journal: Ex Parte Mohammed

Believe it or not, America dealt with the problem of " enemy combatants" over 100 years ago, and the decision was clear: the Bill of Rights does not come with an asterisk reading "unenforceable during time of war."

• US Constitution, part 1: 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. (Do you see a rebellion or invasion here?)
• US Constitution part 2: No person shall be deprived of life, liberty or property, without due process of law (Do you see the word "citizen" there?)
• Ex Parte Merryman: If the authority which the Constitution has confided to the judiciary department and judicial officers, may thus, upon any pretext or under any circumstances, be usurped by the military power, at its discretion, the people of the United States are no longer living under a government of laws
• Ex Parte Milligan: The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism.

If indefinite detention without speedy trial was declared unconstitutional during the frickin' Civil War (half the country physically occupied by an enemy government, substantial possibility the USA would be destroyed), how could it possibly be okay now?

p.s. Truly hilarious discovery: The provisional Iraqi Constitution prohibits military tribunals. You just can't make this stuff up...

Re:Freely and expressly renounced

[Elwood P Dowd]

Yeah, well, I'd consider someone who has no regard for the foundation of their own rights to be undeserving of them. So, maybe we should we take yours away too, or maybe we should we just follow the fucking law.