What is Habeas Corpus and how has Bush taken that away from us?

Question

What is Habeas Corpus and how has Bush taken that away from us?

Answer 1

ask jose padilla

oops. i didn't see the call for evidence. so i'll say again-jose padilla.

and the "illegal combatants" have rights under the geneva convention. bush will go to jail if the repugs lose.

Answer 2

doesn't affect me, h**l i rang the bell and got my blue ribbons. let the good times roll. but i guess that fruitloop mother who lost her child down in florida is the kind of thing you mean.  yeh, "show me the body" and all that jazz. nothing much matters anymore, and what we have is a shadow government and corporacy where fat cats pull the strings of congessment, presidents and high level bureaucrats.

duhhhh? you will get what they give you. good luck guessing what is behind the curtain.

Answer 3

If you happened to have conspired to accumulate explosives and made plans to blow up the gas mains under JFK Airport/Queens for the purposes of killing as many civilians as possible, the Bush administration has raised the possibility that you might be denied habeas corpus rights because they deem you an "enemy combatant" based on the constitutional undertsanding of the term.

Many Democrats, including the two on the Presidential ticket have expressed utter outrage at this.

Answer 4

Habeas corpus (IPA: /ˈheɪbiəs ˈkɔɹpəs/) (Latin: [We command] that you have the body)[1] is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of himself or another person. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.

Habeas corpus demands that the state produce the body or evidence against you in open court, the Bush doctrine and Patriot act state that any person deemed by the president to be a threat( determined by secret means or at his whim) can be detained indefinitely with out charges in open court and if and when tried in court you have no right to see the evidence against you, thus you cannot properly defend your self if you have no clue of the charges or evidence

since at least the Magna Charta in 1215 it has been the basis for all western law.

what many fail to mention is that anyone can be declared a terrorist by the president, stripped of citizenship and rights of law, and held without appeal for ever, tried if tried without seeing evidence, all on the word of a man, this Nation was founded to stop Kings from unjust rule and unjust imprisonment, now we give the Divine right of kings to an Elected man, as if politicians are known to be wise uncorrupted and honest.

The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse.

James Madison

What is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.

James Madison

Sometimes it is said that man cannot be trusted with the government of himself. Can he, then be trusted with the government of others? Or have we found angels in the form of kings to govern him? Let history answer this question.

Thomas Jefferson

Answer 5

It's the right not to be held without coming before a judge and being charged.

And Bush has not taken away our Habeus Corpus rights, unless you happen to be a terrorist picked up in some foreign land.  But then again, they aren't protected under US law.

Answer 6

No he hasn't taken it away from us. He took it away from enemy combatants caught in Iraq and Afghanistan. Does that include you?

This grey area has been resolved by the Supreme court and the Bush admin is complying.

Answer 7

He hasn't taken it away from us. I dare anybody to link us to one case where an American citizen has had Habeus Corpus denied them. Just one.

Answer 8

It's a right to not be held without charges being brought against oneself. Habeas Corpus is alive and well, it has not beeen suspended by W...except in the looney left's imagination...lol

Answer 9

Habeas corpus is a legal remedy for someone who is imprisoned. In it contains the right to challenge your confinement.

The context to which you refer is likely in relation to the status of prisoners in Gitmo. Prior to Boumediene v Bush, it was unclear if prisoners at Gitmo, regardless of their citizenship status, had habeas corpus rights. The Supreme Court decided in that case that Guantanamo prisoners did indeed have a right to challenge their confinement.

Bush did attempt to take this right away by signing into law The Violent Radicalization and Homegrown Terrorism Prevention Act of 2006. As mentioned above, the habeas corpus provisions impacted in the act were declared unconstitutional.

Any human being, regardless of their country of origin should have the right to challenge their confinement by US authorities. While Habeas Corpus has been suspended at times of national emergency, it is easily argued that we are no longer in such a state and thus any suspension of those rights are no longer warranted.