Quote:
Originally posted by taxwonk
Actually, it is in the Constitution:
The only other time in history the writ has formally been suspended was during the Civil War. Incidentally, another presedent from the Civil War era seems apporpriate today. In Ex Parte Milligan, 71 US 2 (1866), the Court held that the only lawful circumstances in which civilians may be tried by miliitary tribunals is when civilian courts have been suspended by war or insurrection.
So, with all due respect, you are wrong.
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I doubt the framers had any thoughts about the extent to which the government might seize and hold people outside the country. In 1789, it's not like the United States possessed territories much beyond the original colonies.
What's odd to me is that Spanky would just assume that the rights laid out in the Constitution are alienable -- somehow a privilege to which only Americans are entitled -- when we had just fought a war of independence based on quite different notions.
