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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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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