Quote:
Originally posted by Tyrone Slothrop
I've already told you -- more than once -- that I'm not talking about expanding constitutional rights. The Bush Administration is proposing to restrict habeas. And see my post immediately above about the substantive law governing habeas claims.
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I might also point out that Congress has no power to limit the writ as it applies to the United States. Congress can limit the application of the writ as it is applied to decisions of the state courts, because Articles II and III both provide that Congress can define the jurisdiction of the federal courts vis. a vis. the states. With respect to the writ as it applies to actions of the federal executive, it may suspended only in times of rebellion or invasion to secure the public safety.
Consequently, the Bush administration has demonstrated that it is incapable of either (a) reading or (b) respecting the limits of their power under the Constitution.
