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American Habeas Corpus is a Primary Target of the Banking Mafia. Our Ability to Protect Ourselves From Unfair Treatment by Govt’ is Being Taken Away in Post 9/11 USA.

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The American habeas corpus law was based on a law passed in1679 by the English, the Habeas Corpus Act of 1679.

Interpretation of that law is still seen as vital in the interpretation of the modern habeas corpus law.

Habeas corpus was defined in Art. 1 Sec. 9 of the Constitution.

What is often seen as the more controversial subject is not so much habeas corpus itself, but the suspension of that right during times of war and rebellion in the country.

The loose use of the term ‘war’ has led to accusations of widespread abuse of habeas corpus.

Lincoln’s suspension of it is probably the most well known use of the suspension clause; he had deemed it necessary to suspend habeas corpus during the Civil War.

Lincoln’s use of that clause is hardly looked down upon; in fact, Lincoln is often touted as the best president this nation has ever had even though he violated more constitutional rights during his time in office than anyone.

Actually, from the time the nation was founded until the end of the Civil War, habeas corpus applied only to federal prisoners and not to the states (unless their respective Constitutions allowed for it).

During that time frame, there was not a federal appeal process for the accused to address their grievances.

The scope of the American habeas corpus was later expanded (in 1942) after the Supreme Court ruled on Waley v. Johnson.

Upon ruling on the case, the American habeas corpus was given the broader definition to include violations of constitutional rights when no other recourse is deemed available to address the issue in question.

Larger application was later deemed appropriate by the Warren Supreme Court when the incorporation doctrine afforded this right to many state prisoners through the due process doctrine.

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Legislation Restores Habeas Corpus

Perhaps after reading this quote on habeas corpus it will be easier to understand the early end to the career of Mr. Gonzales.

”There is no express grant of habeas in the Constitution. There’s a prohibition against taking it away.”

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Continued Logic

Robert Parry of the Baltimore Sentinel took Gonzales logic a step further:

”Applying Gonzales’s reasoning, one could argue that the First Amendment doesn’t explicitly say Americans have the right to worship as they choose, speak as they wish or assemble peacefully.”

It is disturbing that an Attorney General would hold so little respect for the peoples’ rights.

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Federal Statistics

Approximately 60 writs of American habeas corpus are filed with the Supreme Court each year. In 2004, an additional 19,210 were filed in U.S. District Court.

Approximately two thirds are dismissed because of procedural reasons and just under two fifths due to the merits of the petition. About 2% end up resolved with a favorable outcome for the prisoner.

”Liberty has never come from the government. Liberty has always come from the subjects of government. The history of liberty is the history of resistance.

”The history of liberty is a history of the limitation of governmental power, not the increase of it.”

– Woodrow Wilson

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