Military Commissions Act

Habeas That Corpus

Just a few years ago, the United States could hold its head high for the freedoms enjoyed by those residing within its borders as well as its energy, leadership, and openness and compassion. Today we are fast becoming a closed society, suspicious not only of “outsiders” but of many within our borders who are in some way “not like us.” The lists of our freedoms have turned into lists of our enemies, giving them an unmerited significance that in turn diminishes the country’s international standing. Persuasion has been replaced by coercion, honor sacrificed to a corrupted “duty,” and morality to expediency.

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Dude, Where Are My Rights?

Guantanamo, CIA secret prisons, and Abu Ghraib represent the first round of the Bush administration’s assault on constitutional guarantees. Now they’ve introduced Round Two with an attack on habeas corpus: the right to “present one’s body” before an impartial interlocutor to contest the basis for unexplained, secret, or wrongful incarceration. Habeas corpus is the oldest civil right in the western world and the foundation of constitutional democracy.

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