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To: SmithL
a position that seemingly would leave Congress free to reduce habeas corpus rights or repeal them altogether.

It seems to me that if the Constitution says that habeas corpus can be suspended "...in cases of rebellion or invasion the public safety..." then Congress can certainly reduce habeas corpus rights or repeal them altogether "in cases of rebellion or invasion the public safety".

How hard is that to understand?

26 posted on 01/24/2007 8:20:47 AM PST by VeniVidiVici (Celebrate Monocacy!)
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To: VeniVidiVici

"or if the public safety may require it."

Justice Thomas said that the current interpretation of the Commerce Clause allows Congress to "regulate virtually anything–and the Federal Government is no longer one of limited and enumerated powers."

"Public safety" suggests habeas corpus is a vulnerable as the concepts swept away by interpreting third order effects on commerce as matters of Federal control. Drunk drivers, seat belts, and yes, firearms, are matters impinging on public safety.


91 posted on 01/24/2007 11:20:27 AM PST by gcruse (http://garycruse.blogspot.com/)
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