Restoration of Habeas Corpus: End American concentration camps
During World War II Japanese Americans were placed in detainment without
criminal charges. We now recognize this was a sad, embarrassing blot on our
history. Yet we are now repeating the very same outrage, and giving that very
same justifications that were given before.
When President Bush signed the Military Commissions Act of 2006 (MCA) into
law, it was a gross usurpation of powers by the Executive branch.
Unfortunately, members of Congress allowed that usurpation to take place when
both the House (by a vote of 250-170) and Senate (by a vote of 65-34) passed
the legislation.
One component of the bill authorizes the president to suspend the right of
habeas corpus the Constitutionally-mandated right that allows a prisoner to
request the reason for his/her incarceration from a lawful judge. The right to
habeas corpus is clearly defined in Article 1, Section 9, of the U.S.
Constitution: The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the public safety may
require it.
The MCA, however, slaps the Constitution in the proverbial face by denying
that right to certain persons detained. The MCA states:
No court, justice, or judge shall have jurisdiction to hear or consider any
claim or case of action, including an application for a writ of habeas corpus,
pending on or filed after the date of enactment of this Act, against the United
States or its agents, brought by or on behalf of any alien detained by the
United States as an unlawful enemy combatant, relating to any aspect of the
aliens detention, transfer, treatment, or conditions of confinement.
For more information on the MCA please read Are YOU the Enemy? published in
The New American magazine on October 30, 2006.
http://www.jbs.org/node/1782
Senator Arlen Specter (R-PA) has since introduced a piece of legislation that
would amend the MCA to restore habeas corpus. The bill (S. 185), titled the
Habeas Corpus Restoration Act of 2007, passed the Senate Judiciary Committee by
a vote of 11-8 on June 7.
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.00185:
While it is not known when or if Senate Majority Leader Harry Reid (D-NV)
will call S. 185 to a floor vote, the possibility for a vote could come at any
time.
While there are numerous problems with the MCA, restoring the right to habeas
corpus would be a good first step in restoring the damage done to the
Constitution by President Bush when he signed that bill into law.
Use the link below to take action on this issue.
http://capwiz.com/jbs/issues/alert/?alertid=9878216
Sample Editable text to your legislator:
During World War II Japanese Americans were placed in detainment
without criminal charges. We now recognize this was a sad, embarrassing blot on
our history. Yet we are now repeating the same outrage, and giving that same
justifications.
When President Bush signed the Military Commissions Act of 2006 (MCA) into
law, it was a gross usurpation of powers by the Executive branch.
Unfortunately, members of Congress allowed that usurpation to take place when
both the House (by a vote of 250-170) and Senate (by a vote of 65-34) passed
the legislation.
One component of the bill authorizes the president to suspend the right of
habeas corpus the Constitutionally-mandated right that allows a prisoner to
request the reason for his incarceration from a lawful judge. The right to
habeas corpus is clearly defined in Article 1, Section 9, of the U.S.
Constitution: The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the public safety may
require it.
The MCA, however, slaps the Constitution in the proverbial face by denying
that right to certain persons detained. The MCA states:
No court, justice, or judge shall have jurisdiction to hear or consider any
claim or case of action, including an application for a writ of habeas corpus,
pending on or filed after the date of enactment of this Act, against the United
States or its agents, brought by or on behalf of any alien detained by the
United States as an unlawful enemy combatant, relating to any aspect of the
aliens detention, transfer, treatment, or conditions of confinement.
For more information on the MCA please read Are YOU the Enemy? published in
The New American magazine on October 30, 2006.
http://www.jbs.org/node/1782
Senator Arlen Specter (R-PA) has since introduced a piece of legislation that
would amend the MCA to restore habeas corpus. The bill (S. 185), titled the
Habeas Corpus Restoration Act of 2007, passed the Senate Judiciary Committee by
a vote of 11-8 on June 7.
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.00185:
While there are numerous problems with the MCA, restoring the right to habeas
corpus would be a good first step in restoring the damage done to the
Constitution by President Bush when he signed that bill into law.
I urge you to support Senator Arlen Specter's Habeas Corpus Restoration Act of
2007 (S. 185). The bill would amend the Military Commissions Act (PL 109-366)
to reflect the constitutionally-mandated right of habeas corpus, as described
in Article 1, Section 9, of the U.S. Constitution.
I would like to know where you stand on this issue and if you intend to
support this measure when it comes up for a floor vote.
Condoning torture is mankind's regression into savagery.
The classic Milgram experiment demonstrated that 60 to 65% of the people
will torture another person if told to do so. The subjects of the experiment
were in a civilian setting, and were not threatened in any way.
What you see in the some of the videos below will be disturbing.
The question is whether you would rather see it in a video
or in our prisons and police departments.
There is a video on Abu Ghraib Torture,
a video showing Matt Lauer Cornering Bush on Torture,
a video showing Sen. Edward Kennedy asking Alberto Gonzales about torture,
a video showing David Gregory vs Bush on Torture Bill,
a video about the Chinese use of torture to extract confession, then execute
and a Swedish documentary on Guantanamo prisoners.
This Swedish documentary is somewhat anti-American, but makes many valid
points.
Any of us could be declared an "enemy combatant" merely for voicing any
objection to what the US is doing.
Defenders of our detainment of "enemy combatants" will argue that we feed
them well, and give them free medical and dental care.
This is somewhat like those who proudly pointed out that Mussolini made the
trains run on time, or that Hitler provided a low cost automobile, or that
Stalin gave everyone a job and raised the standard of living of the poor.
None of those defenders of warrantless, non-jurisdictional arrests, without
charges, have volunteered to spend a few years at Guantanamo so that they can
receive all of these benefits.
Relevant questions are these:
How did the "detainees" wind up at Guantanamo?
Were they arrested, in their own countries, by police with proper
jurisdiction?
Were they extradited to Guantanamo according to law?
Were they charged with a crime according to our own constitutional
requirements of Habeas Corpus?
Are we abiding by the Geneva Convention?
How long does it take to obtain name rank and serial number?
We are destroying freedom in the name of defending freedom.
In every call for more power for government there should be a reminder that
nothing in the measure will abrogate constitutional rights, or the inalienable
God given rights of all human beings.
We must not destroy freedom in the name of defending freedom.
We must be careful about elimination of rights,
or the setting up of totalitarian instruments
If we abandon the heritage of liberty,
in order to oppose terrorists,
then the terrorists accomplish their objectives.
Ben Franklin said, "They that can give up
essential liberty to obtain a little temporary safety deserve
neither liberty nor safety, and ultimately will have neither."
All dictatorships centralize police power, in the hands of the chief
executive of the central government. Free countries keep it spread out, and in
the hands of local authorities.
"The accumulation of all powers, legislative, executive, and judiciary, in
the same hands, whether of one, a few, or many, and whether hereditary,
self-appointive, or elective, may justly be pronounced the very definition
of tyranny." James Madison in Federalist paper No. 47, para. 3.
"Experience should teach us to be most on our guard to protect liberty when the
government's purposes are beneficent. Men born to freedom are naturally alert
to repel invasion of their liberty by evil-minded rulers. The greatest dangers
to liberty lurk in insidious encroachment by men of zeal, well-meaning but
without understanding."
Louis D. Brandeis (1856-1941) - American judge
"The means of defense against foreign danger, have been always the instruments
of tyranny at home. Among the Romans it was a standing maxim to excite a war,
whenever a revolt was apprehended. Throughout all Europe, the armies kept up
under the pretext of defending, have enslaved the people."
James Madison, Constitutional Convention
June 29, 1787
The Most Dreaded Enemy of Liberty
by James Madison, August 1793
James Madison was the fourth president of the United States. This is from
Letters and Other Writings of James Madison:
Of all the enemies to public liberty war is, perhaps, the most to be
dreaded, because it comprises and develops the germ of every other. War is
the parent of armies; from these proceed debts and taxes; and armies, and
debts, and taxes are the known instruments for bringing the many under the
domination of the few. In war, too, the discretionary power of the Executive is
extended; its influence in dealing out offices, honors, and emoluments is
multiplied; and all the means of seducing the minds, are added to those of
subduing the force, of the people. . . . [There is also an] inequality of
fortunes, and the opportunities of fraud, growing out of
a state of war, and . . . degeneracy of manners and of morals. . . . No
nation could preserve its freedom in the midst of continual warfare. .
The Constitution expressly and exclusively vests in the Legislature the power
of declaring a state of war . . . the power of raising armies . . . the power
of creating offices. . . .
A delegation of such powers [to the President] would have struck, not only at
the fabric of our Constitution, but at the foundation of all well organized and
well checked governments.
The separation of the power of declaring war from that of conducting it, is
wisely contrived to exclude the danger of its being declared for the sake of
its being conducted.
The separation of the power of raising armies from the power of commanding
them, is intended to prevent the raising of armies for the sake of commanding
them.
"A tyrant is always stirring up some war or other, in order that the people
may require a leader." ~Plato
-- William Shakespeare SUMMED IT UP in one line in "King Lear":
"Be it thy policy to busy giddy minds with foreign quarrels."
"The people can always be brought to the bidding of the leaders. That is
easy. All you have to do is tell them they are being attacked, and denounce the
peacemakers for lack of patriotism and exposing the country to danger. It works
the same in any country."
-- Hermann Goering at the Nuremberg trials.
Videos:
The Milgram Experiment Podcast (discussion and explanation)
http://www.youtube.com/watch?v=agRZnsiNb_E&mode=related&search=
Milgram's obedience classic experiment ( a re-enactment )
http://www.youtube.com/watch?v=ymgfhjQ_sFs
MILGRAM PSY10 VID
http://www.youtube.com/watch?v=GAi2q8RXtvs
Milgram Experiment Part 1 (actual film of test)
http://www.youtube.com/watch?v=IhG1_Wx9wzE&mode=related&search=
Milgram Experiment Part 2 (actual film of test)
http://www.youtube.com/watch?v=CC9IE0Joto0
Abu Ghraib Torture
http://youtube.com/watch?v=Ru0bxSqWMdo
Matt Lauer Corners Bush on Torture
http://youtube.com/watch?v=Mp4vLBvU1bA
Sen. Edward Kennedy asks Alberto Gonzales about torture.
http://youtube.com/watch?v=MkaIpjKUc_g
David Gregory vs Bush on Torture Bill
http://youtube.com/watch?v=viqZ1ouZaDU
Chinese use torture to extract confession, then execute
http://youtube.com/watch?v=Vuqa9VkwdCg
Gitmo - Story of Guantanamo prisoners (Inhumane torture)
http://youtube.com/watch?v=6eIPoZadotk
Call YOUR Congressman
at 866 340-9281
1-800-833-6354
1-877-762-8762
1-866-808-0065
1-888-355-3588
1-866-220-0044
NOW!
Call THE President
at 202 456-1111
NOW!
Send a message from this web page:
http://capwiz.com/jbs/home/
---------------------------------
Take the Internet to Go: Yahoo!Go puts the Internet in your pocket: mail, news,
photos & more.
