Gonzales Argues Against Certainty of the Right Of Habeas Corpus

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Very strict constructionism, in the form of creating backwards syllogisms and thereby violating the spirit of the Constitution, has been a hallmark of the Bush administration conservatives. The latest is this gem from U.S. Attorney General Alberto Gonzales: “There is no expressed grant of habeas in the Constitution; there’s a prohibition against taking it away.”

Gonzales uttered these words yesterday during a Senate Judiciary Committee hearing. Committee chairman Arlen Specter then asked the Attorney General: “The Constitution says you can’t take it away except in case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus unless there’s a rebellion or invasion?”

Gonzales: “The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended” (except in cases of rebellion or invasion).

Robert Parry, writing for Consortiumnews.com, asks a logical question: If Americans do not possess the right of habeas corpus because that right is presented via its negative, then what about other rights that are presented the same way? He uses the First Amendment as an example.

Perry also goes on to cite the Sixth Amendment, which presents habeas corpus as a right in a positive syntax, thereby nullifying Gonzales’s strange logic.

(Thanks to Project for the OLD American Century for this lead, and POAC, by the way, could use some help.)

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DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

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