On 1/26/07, William Bowen <[EMAIL PROTECTED]> wrote:
> > One says the privelage shall not be suspended unless...
> > Meaning if it is created by the courts it can only be suspended when...
>
> Why does it mean "only if it is created by the courts"? And what about

http://www.constitution.org/uslaw/judiciary_1789.htm
SEC. 14. And be it further enacted, That all the before-mentioned
courts of the United States, shall have power to issue writs of scire
facias, habeas corpus, and all other writs not specially provided for
by statute, which may be necessary for the exercise of their
respective jurisdictions, and agreeable to the principles and usages
of law. And that either of the justices of the supreme court, as well
as judges of the district courts, shall have power to grant writs of
habeas corpus for the purpose of an inquiry into the cause of
commitment.——Provided, That writs of habeas corpus shall in no case
extend to prisoners in gaol, unless where they are in custody, under
or by colour of the authority of the United States, or are committed
for trial before some court of the same, or are necessary to be
brought into court to testify.


> the 6th Amendment which is essentially Habeus Corpus spelled out?

No habeas corpus is when you petition a court to determine if you're
being held lawfully or inquiry into the cause of commitment. If so,
the 6th amendment kicks in.

> > The other says you may make no laws prohibiting the free exercise thereof...
> > So free speech cannot be illegal.
>
> make no laws prohibiting, but does not expressly grant the exercise
> thereof. A quibble, to be sure, but that's what this is all about, no?

Not at all. If you can't ban something then you can't stop people form
enjoying it.

It's like saying the DMV can take away you're privilege to drive a car
if you get too many tickets. That doesn't mean you have that privilege
if you don't have a license.
If it said DMV can't ban you from driving then you don't need a license.

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