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Wartime presidential powers supersede liberties
Washington Times ^ | 9/18/01 | Frank J. Murray

Posted on 09/17/2001 11:57:43 PM PDT by kattracks

Edited on 07/12/2004 3:47:02 PM PDT by Jim Robinson. [history]

The government arsenal to counterattack U.S.-based terrorists behind last week's "act of war" already includes wartime powers and other Draconian tactics that unsettle civil libertarians.

In "cases of rebellion or invasion [when] the public safety may require it," the Constitution permits a president to suspend the right to be freed from arrest by a writ of habeas corpus -- as Lincoln did during the Civil War. That denies a person jailed even by illegal means recourse in the courts.


(Excerpt) Read more at washtimes.com ...


TOPICS: Extended News; News/Current Events
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1 posted on 09/17/2001 11:57:43 PM PDT by kattracks
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To: kattracks
Yah. I'd worry about this too if Clinton was the one declaring war. Of course, if Clinton had the nuts to declare war when he should of and pursue these people to the extent we're about to, New York would still have it's two front teeth.

Bush doesn't seem to me to be a rights grabber. If he is, over 50% of american households are armed. It's still darn tough to do.

cj

2 posted on 09/18/2001 12:03:24 AM PDT by Cyrano Jones
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Lincoln defied the court and the suspension of habeas corpus was revoked by President Andrew Johnson on Dec. 1, 1865, months after the war ended.

I believe the only state in the conflict that didn't suspend habeas corpus was North Carolina(thanks to our great Governor Zebulon Vance).

As for Taney, I read in a footnote of Emancipating Slaves, Enslaving Free Men that Lincoln may have put out an arrest warrant for him, can anyone confirm that(preferably with a source)?

3 posted on 09/18/2001 12:18:03 AM PDT by ICU812
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To: Cyrano Jones
I can bet you Clinton abused the right's of many people and the same 'lawmakers' didn't have a problem with it.
4 posted on 09/18/2001 12:21:12 AM PDT by kcvl
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To: kattracks
Amazing how the Losertarians, the Commie-libs and the druggies are all wetting their pants over having to curtail some freedoms in order to win a war.

We've lived in police states before. We've lived in armed streets and neighborhoods before. It's nothing new. If governemnt is so evil, why is our society as free as it is now? Government has pretty much had its will for the past 70 years. It is those *running* the government that ultimately let freedom flourish or squelch it. We are so fortunate this happened on Bush's watch instead of Clinton's watch.

They don't realize that individuals surrender freedoms for the common good - particularly in times of battle. They've become spoiled and weak-minded.

5 posted on 09/18/2001 12:26:11 AM PDT by Tall_Texan
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To: kcvl
There is a stale claim that a 1933 Act and another from 1952 have maintained a constant state of emergency in this country. These were poor technicalities. The old issues were officially negated by court precedents & Congressional action from 1973 - 1976.

However, Clinton's Presidential Executive Order 12919 is available and radically worse; backed up by the Stafford Act of 1974 - since modified.

Bush declared a state of National Emergency, but it's yet unclear what that means - exactly.
6 posted on 09/18/2001 12:32:22 AM PDT by SKYDRIFTER
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To: kattracks
I guess liberals will learn some day to vote people in office that they trust, instead of people that feed their lusts. Gee, what a concept. Statesmen...
7 posted on 09/18/2001 12:33:17 AM PDT by American in Israel
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To: I'll let FoxNews slide, but not PJ
WE CAN JAIL THE REPORTERS!
8 posted on 09/18/2001 12:36:01 AM PDT by Diddle E. Squat
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To: Tall_Texan
BRAVO !

BRAVO !

If I see one more inane post about how we are losing all of our freedoms, I'll scream.

9 posted on 09/18/2001 12:36:22 AM PDT by nopardons
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To: Tall_Texan
We are so fortunate this happened on Bush's watch instead of Clinton's watch.

The terrorists -- like so many others -- have underestimated Dubya. They took this usually mild mannered guy to be a pushover. Boy are they getting a rude surprise.

10 posted on 09/18/2001 12:44:08 AM PDT by HiTech RedNeck
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To: Tall_Texan
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty or safety."
- Benjamin Franklin, 1759

True then, true today.

11 posted on 09/18/2001 12:52:18 AM PDT by capitan_refugio
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To: Tall_Texan
When the FBI was violating the rights of Martin Luther King and other communists, conservatives had no problem with it. When Bill Clinton and Janet Reno turned the FBI and IRS against conservatives some liberals had no problem with it but conservatives screamed bloody murder.

The Senate just passed everything Reno asked for for 8 years. They just put Barbara Boxer in charge of the terrorist committee that will recommend laws to fight terrorism.

These laws will never be repealed. When Hillary is president, some people here are going to wonder where she got the power to attack us. They will forget that they demanded the government have those powers.

Remember Janet Reno said that Christians and pro-life, pro-gun conservatives are the biggest threat the country has. How many of you trust Boxer, Hillary, Lantos, Meehan, etc. to respect the Bill of Rights?

Any power that you don't want Hillary, or someone like her, to have as president, don't give that power to Bush. Bush will leave office one day and we will have to live under someone like Hillary who hates our freedoms every bit as much as the Muhammadans do. People better wake up or we have already lost what's left of our republic.

12 posted on 09/18/2001 12:59:36 AM PDT by SUSSA
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To: ICU812
I believe you are right that he signed an arrest warrant. His cabinet talked him out of it though. I just read a biography of Lincoln, so I am pretty up on all the trivia at the moment.

I can look for the book if you want. It is around here somewhere. The book was pro-North and pro-Union, so I don't think that arrest warrant was made up by southerners.

Lincoln, and Republicans were pretty p***ed at Taney for the Dred Scott decision. Lincoln was not the moderate that is sometimes portrayed in the high school history books.

13 posted on 09/18/2001 1:00:09 AM PDT by Gladwin
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To: Cyrano Jones
More than 50%
14 posted on 09/18/2001 1:04:58 AM PDT by TaRaRaBoomDeAyGoreLostToday!
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To: nopardons
When rights are surrendered, the politicians/elitists will never give them back. The Federal Income Tax is one example - enacted to aid the war effort. We sure don't have to worry about that anymore, do we?

There are differences - it is not a right to board a plane - security measures are needed. But anyone who does not think the lefties won't try to use this opportunity to go too far and shouldn't be watched closely during this time is a fool.

If I see one more of your (inane) posts tonight over-enthusiastically defending elitist bankers (another thread) and federal intrusions, I'll scream!

15 posted on 09/18/2001 1:10:50 AM PDT by kcpopps
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To: kcpopps
Go ahead and scream ; however . your class warfare , tinfoil hatted biggottry is juvenile. Is it your contention that everyone who is wealthy is corrupt and evil ? If so, then you had best find out all of their names. It's more than a bit " old " to condemn the Rockefellers and the Rothshields. Those families arent even the richest today.Neither were either family engaged in war proffiteering in any previous during the 20th century.

Sensless, baseless screaming about how YOU are going to lose your freedom because of what happened last Tuesday is childish. There hasn't been any hint of such a thing happening.

Go ahead and scream , that's all you and your ilk has been doing here for a week. The hysterical screaming about imagined boggymen , by frightened babies.

16 posted on 09/18/2001 1:31:57 AM PDT by nopardons
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To: HiTech RedNeck
The terrorists, beleiving Bush to be stupid, dumb, and ignorant, as per the commies in the press, decided now was the time to attack. Everyday these commies keep trying to get some expert or official to tell them when and where we are going to attack so they can deliver the news to Osama Bin Clinton to prove Bush is an idiot and make sure our military suffers a humiliating defeat. TRAITORS!!
17 posted on 09/18/2001 1:32:46 AM PDT by DISCO
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To: nopardons
"Is it your contention that everyone who is wealthy is corrupt and evil ?"

Not at all. I have nothing against the wealthy, in fact I admire them (in most cases)... people who know me would testify that I often defend the rich in conversations where they are being villified just because they are wealthy. I despise class warfare.

If the villification is justified however, that's a different story.

Regarding loss of rights... while nothing of extreme concern has yet happened, the situation bears watching for unnecessary legislation. Do you really think there are not those in DC who are already thinking about such opportunities?

You're the one who appears to be screaming in your posts. You're the one making blanket generalizations about people.
You imply that I am selfish to be concerned about losing freedom? Well then call me selfish. I'll call you sheeple.

18 posted on 09/18/2001 2:16:56 AM PDT by kcpopps
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To: Cyrano Jones
I'm one of those 90% or so who approve of the Presidents handling of this crisis, so far. I don't believe he's going to do anything to pi$$ the public off unless he has to. He's focused on the problem, and I believe we'll see some definitive action soon. I remain cautiously optimistic. I'm keeping an eye on him though ;^ )

Luke 22:36 (KJV) --Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

Got sword? (M1 Garand ==>CMP)

No mercy, no quarter!
May the jihadists burn in hell for eternity!
Help speed them on their way!

Molon Labe!
Poll: bin Laden's skull can be best used as an ....

19 posted on 09/18/2001 2:19:46 AM PDT by TERMINATTOR
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To: kcpopps
I am quite calm and have not screamed. Perhaps, since you claim that you are agianst class warfare, you will be so kind to explain to those who are engaging in class warfare hyperbole, that insinuating that , as someone did post " Rockefeller and Rothshield ( without undersatnding that there is not just one of each ) sold short on 9/10/01 . That is what I ave been replying about.

As far as losing freedoms and rights , there are those here who claim that it is axiomatic and proforma that that will happen because we are at war. Again, this is also paranoid and only agenda driven. I , nor anyone wlse who look ascance at these replies, claims that we should let down our guard. Yet, it does have to be rebemebered that during waetime, certain freedoms have been curtailed, and with good reason.

20 posted on 09/18/2001 2:25:42 AM PDT by nopardons
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