You stand by the words of just two people? .... Shortly thereafter, the first Congress enacted the Judiciary Act of 1789, expressly granting Supreme Court justices and other federal judges the authority to grant the writ. If, as Specter suggests, the Constitution itself granted the writ, then such a statute would seem utterly superfluous. .... But if anyone needs to re-read the case, it's Specter. The Court went to great pains to make clear that it was merely interpreting the statute, and not the Constitution. And for good reason: To turn Rasul into a constitutional question, the Court would have had to overrule Eisentrager, the 1950 case in which the Court held that the Constitution's writ did not reach prisoners held outside the United States.
Instead, the Court recognized only a statutory right: Persons detained outside [U.S. territory] no longer need rely on the Constitution as the source of their right to federal habeas review. . .. . Eisentrager plainly does not preclude the exercise of [Section] 2241 jurisdiction over petitioners' claims. This was no surprise to the litigants because, as Justice Scalia noted in his dissent, the prisoners agreed at oral argument that the case involved no Constitutional right. The briefs of the petitioners, Rasul and Al Odah, raised no constitutional arguments. Specter couldn't have been less correct. On 1/26/07, Robert Munn <[EMAIL PROTECTED]> wrote: > As noted in the article, The Supreme Court has clearly stated that the > Constitution clearly establishes a basic right of habeus corpus. Funny how a > goon like Gonzalez can so easily disagree with Justice Scalia and Alexander > Hamilton- neither one a doyenne of the Left- when it is convenient for the > Administration's arguments. > > On 1/26/07, Sam wrote: > > > > Since everyone here seems to agree that Gonzalez is pure evil, I guess > > I have to be the one to present the other side. > > > > Warning Neo-Con publication :-) > > > > Specter v. Gonzales > > Senator Specter still misunderstands habeas corpus. > > by Adam J. White > > > > http://www.weeklystandard.com/Content/Public/Articles/000/000/013/204mexwu.asp ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Upgrade to Adobe ColdFusion MX7 Experience Flex 2 & MX7 integration & create powerful cross-platform RIAs http:http://ad.doubleclick.net/clk;56760587;14748456;a?http://www.adobe.com/products/coldfusion/flex2/?sdid=LVNU Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:225858 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
