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Old 09-15-2006, 11:10 AM   #11
Tyrone Slothrop
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Quote:
Originally posted by SlaveNoMore
"Privilege" that can be suspended. And has been, historically.

Sound to me like an inalienable right? Not so much.
I don't want to argue about the Constitution requires for a couple of reasons. One of them is that because the Administration is proposing to restrict the "privilege" for people outside the country, I assume for these purposes that reasonable people can differ about whether this is constitutional. Also, I'm more interested in arguing about what the law should be than about what it is.

Whether habeas is inalienable or not, the basic proposition -- that you should be able to go to court to challenge the government's confinement of you -- is absolutely bedrock. Are we a nation of laws or men? Do you trust HRC to confine people only for the right reasons? Once the privilege is "suspended," who do you see restoring it?
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