Showing posts with label habeas corpus. Show all posts
Showing posts with label habeas corpus. Show all posts

Friday, May 9, 2025

Words have a meaning, and a Biden invitation to come was not an invasion

I don't care how wrong Biden was, and neither should the courts.

The Supremes have already ruled the illegals have habeas rights, and this would be a desperate attempt to get around that.

Are they daring the Supremes to rule against them yet again?

 

 
... Miller’s use of the word “invasion” reflects the Trump administration’s argument that the U.S. faces an “invasion” of undocumented migrants. ...

Thursday, September 13, 2018

Habeas corpus: Puerto Rico study showing 2,975 deaths not "a traditional death-toll accounting"

Normally one counts up the bodies, makes a list and checks it twice. But nothing in Puerto Rico is normal.

Reported here:

Researchers at George Washington University determined last month that Hurricane Maria alone resulted in 2,975 'excess deaths' in Puerto Rico. 

That finding wasn't the result of a traditional death-toll accounting, but a public health study that compared mortality in the six months following the storm with the number of deaths that would have been expected if it had not hit the island.  

'The difference between those two numbers is the estimate of excess mortality due to the hurricane,' the scientists wrote. 

Tuesday, November 18, 2014

Liberal contributor from The New Republic advocates for tyranny as all Lincoln lovers must


[T]here will be situations in which the common good demands and requires that the executive go beyond the letter and even the spirit of the law. In these extreme or emergency situations — situations in which an existential threat poses a grave danger, with the survival of the political community itself at stake — the executive's extralegal decisions effectively become the community's higher law.

Probably the clearest example from American history is Abraham Lincoln's 1861 suspension of habeas corpus, defiance of the chief justice of the U.S. Supreme Court (who denounced Lincoln's actions as unconstitutional), and subsequent arrest (without charge) of pro-secessionist Maryland state legislators who appeared poised to condemn the suspension and vote to join the Confederacy.

Was Lincoln acting like a tyrant, as Maryland native John Wilkes Booth and many other critics of the time contended? You bet he was. And it's a good thing, too. Had Maryland seceded, Washington would have been surrounded by enemy armies and the South almost certainly would have won the Civil War quickly and decisively. Extralegal action was required to keep that from happening.

Saturday, October 29, 2011

The Constitution Was in a Shambles Long Before Obama Came on the Scene

So says Lawrence Hunter here, who thinks the expedient of a Bill of Rights was only a parchment barrier to begin with:

The Founders gave us The War Power Clause of the Constitution vesting the exclusive power to declare war with Congress. Politicians replaced it with The War Powers Resolution and presidential wars of whim.

The Founders gave us myriad constitutional restrictions on the powers of the federal government both explicit and implicit. Politicians and judges replaced them with a series of court rulings, on the Commerce Clause for example, so sweeping in their expansion of the federal government’s regulatory powers beyond the Constitution’s writ that, in the words of Cornell Law Professor William Jacobson, “The Commerce Clause has proven voracious enough to swallow the rest of the Constitution. Any scraps left over will be devoured by the Due Process and Equal Protection clauses of the 14th Amendment.”

The Founders gave us habeas corpus and the Fourth Amendment, protecting against arbitrary arrest and guaranteeing that people would be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Politicians replaced them with The Patriot Act and the Homeland Police State, preventative detention, rendition, unauthorized wiretaps, secret searches and seizures and TSA.

The Founders gave us the Fifth Amendment, guaranteeing the people protection against over-reaching police and prosecutors, forced self-incrimination and double jeopardy, and against laws that would confiscate private property without due process and just compensation. Courts and Politicians gave us a series of rulings and legislation allowing the police, prosecutors and judges to act arbitrarily in the name of the general welfare, public safety and national security without regard to the cherished Rights of Englishmen that were passed down to us through the United States Constitution.

The Founders gave us the Eighth Amendment protecting the people against the imposition of excessive fines and infliction of cruel and unusual punishments. PB&J gave us RICO, prosecutorial charge stacking, extortionate plea bargaining, lawless and pathological judicial/prosecutorial misconduct, GITMO and water boarding.

Monday, May 2, 2011

Habeas Corpus

The Triumph of Achilles by Franz Matsch
This is the way a victor wins.












(source)