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Old 01-24-2008, 11:53 PM #22
Animalm0ther3
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lol, if our government truly learned from our mistakes we would probably be closer to our government pre-civil war than what it is now.
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Old 01-25-2008, 01:13 AM #23
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Originally Posted by berserker19 View Post
My point is I think it's hard to compare today's government with the one that existed 150 years ago. We're supposed to learn from our mistakes, right? I would like to think we've made some strides towards justice since those dark days.

edit: BTW Lincoln was a republican... so it all makes sense

Well, it's hard to compare suspending habeas corpus because half of the country is rebelling with suspending habeas corpus because 10 arab guys crashed planes into buildings.
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Old 01-25-2008, 02:03 AM #24
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true, its not as much of a threat as they think and say it is.
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Old 01-25-2008, 02:12 AM #25
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Quote:
Originally Posted by berserker19 View Post
My point is I think it's hard to compare today's government with the one that existed 150 years ago. We're supposed to learn from our mistakes, right? I would like to think we've made some strides towards justice since those dark days.

edit: BTW Lincoln was a republican... so it all makes sense
The constitution allows for Habeus Corpsus to suspended during a national emergency.

I think a civil war falls into that category.
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Old 01-25-2008, 10:09 AM #26
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Other than the Padilla case (which is pretty convoluted), when has Habeas Corpus been suspended for US citizens by the Bush Administration?
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Last edited by scumquat1 : 01-25-2008 at 10:19 AM.
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Old 01-25-2008, 10:11 AM #27
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Other than the Padilla case (which is pretty convoluted), when has Habeus Corpus been suspended for US citizens by the Bush Administration?
How are we ever [if there even is any cases] going to know? It's not the fact that some people THINK that the suspension of Habeas Corpus is being abused, it's just the fact that I don't trust the Federal Government with the responsibility of having no Habeas Corpus.
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Old 01-25-2008, 10:19 AM #28
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How are we ever [if there even is any cases] going to know? It's not the fact that some people THINK that the suspension of Habeas Corpus is being abused, it's just the fact that I don't trust the Federal Government with the responsibility of having no Habeas Corpus.
I don't trust the government either, but I wasn't aware that Habeas Corpus in general had been suspended. It hasn't has it?
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Old 01-25-2008, 10:42 AM #29
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Yes, it's been well over a year now.
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Old 01-25-2008, 05:49 PM #30
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I don't trust the government either, but I wasn't aware that Habeas Corpus in general had been suspended. It hasn't has it?
yes, it has been. The Military Commissions Act of 2006.
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Old 01-26-2008, 06:19 AM #31
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yes, it has been. The Military Commissions Act of 2006.
Well, this is from Wikipedia on the Act:

a) Purpose— This chapter establishes procedures governing the use of military commissions to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses triable by military commission.
(b) Authority for Military Commissions Under This Chapter— The President is authorized to establish military commissions under this chapter for offenses triable by military commission as provided in this chapter.

Sec. 948c. Persons subject to military commissions
Any alien unlawful enemy combatant is subject to trial by military commission under this chapter.

"The term 'unlawful enemy combatant' means —
(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al-Qaida, or associated forces); or
(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense."

The Act also defines an alien as "a person who is not a citizen of the United States", and a co-belligerent to mean "any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy."




From what I see, this Act applies to people who are "unlawful combatants", not citizens of the US, and who are waging war against this country. The Act allows them to be tried by military tribunals, as opposed to in civillian courts which are ill-equiped to deal with such matters.

Sorry, but the idea that habeus corpus has been suspended looks like a paranoid fantasy to me.
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