Posted on 06/16/2002 5:32:24 AM PDT by magnum opus dejure
The government has denied Habeas Corpus to Padilla
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Thank You!
It concerned a man with dual citizenship (US/Mexican) who fled to Mexico in 1942 to avoid the draft. After the war he returned to the US where he was arrested and was ordered deported and was also denied a passport to return to the US. (Surely they meant visa?) On the grounds that he had lost his citizenship by remaining outside the US in time of war to avoid military service. (I like this idea. Any chance of resurrecting it?) Here it is in context. I think the whole thing is pretty good
Sorry about the caps and lack of formatting but this is cut from the original document.
WE DEAL WITH THE CONTENDING CONSTITUTIONAL ARGUMENTS IN THE CONTEXT OF CERTAIN BASIC AND SOMETIMES CONFLICTING PRINCIPLES. CITIZENSHIP IS A MOST PRECIOUS RIGHT. IT IS EXPRESSLY GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE CONSTITUTION, WHICH SPEAKS IN THE MOST POSITIVE TERMS. (FN10) THE CONSTITUTION IS SILENT ABOUT THE PERMISSIBILITY OF INVOLUNTARY FORFEITURE OF CITIZENSHIP RIGHTS. (FN11) WHILE IT CONFIRMS CITIZENSHIP RIGHTS, PLAINLY THERE ARE IMPERATIVE OBLIGATIONS OF CITIZENSHIP, PERFORMANCE OF WHICH CONGRESS IN THE EXERCISE OF ITS POWERS MAY CONSTITUTIONALLY EXACT. ONE OF THE MOST IMPORTANT OF THESE IS TO SERVE THE COUNTRY IN TIME OF WAR AND NATIONAL EMERGENCY. THE POWERS OF CONGRESS TO REQUIRE MILITARY SERVICE FOR THE COMMON DEFENSE ARE BROAD AND FAR-REACHING, (FN12) FOR WHILE THE CONSTITUTION PROTECTS AGAINST INVASIONS OF INDIVIDUAL RIGHTS, IT IS NOT A SUICIDE PACT. SIMILARLY, CONGRESS HAS BROAD POWER UNDER THE NECESSARY AND PROPER CLAUSE TO ENACT LEGISLATION FOR THE REGULATION OF FOREIGN AFFAIRS. LATITUDE IN THIS AREA IS NECESSARY TO ENSURE EFFECTUATION OF THIS INDISPENSABLE FUNCTION OF GOVERNMENT. (FN13)
a.cricket
2. If an honest sincere discussion on political topics is not what Free Republic is about...
Hoo, boy.
I for one am going to throw him a party, and give him some nice neckties. Any of you all want to join this 'necktie party'.
Unsigned confessions, he looks like a good kid when you shave and wash him.. He's going to whine about being "tortured" and stuff.. They can't finger him personally for Span's death.
I agree he's probably gonna walk. But considering how, when and where he was caught I think he deserves the Tribunal.
Honestly, if anyone in this mess knowingly and willfully took a dump on their own right's it was Jihad Johnny.
HorseHillary! Bin Laden is just the excuse people are using to try and demand we blindly follow Bubba-2 without question. There have been threats like this before,and there will be threats like this again. The only thing that makes that one stand out is that it was more successful than earlier ones. And no matter what steps the governemtn takes,sooner or later there will be another successful attack.
We deal with the contending constitutional arguments in the context of certain basic and sometimes conflicting principles. Citizenship is a most precious right. It is expressly guaranteed by the Fourteenth Amendment to the Constitution, which speaks in the most positive terms. The Constitution is silent about the permissibility of involuntary forfeiture of citizenship rights. While it confirms citizenship rights, plainly there are imperative obligations of citizenship, performance of which Congress in the exercise of its powers may constitutionally exact. One of the most important of these is to serve the country in time of war and national emergency. The powers of Congress to require military service for the common defense are broad and far-reaching, for while the Constitution protects against invasions of individual rights, it is not a suicide pact. Similarly, Congress has broad power under the Necessary and Proper Clause to enact legislation for the regulation of foreign affairs. Latitude in this area is necessary to ensure effectuation of this indispensable function of government.
I'll bring the beer!
(I will also go get it early, before the verdict.. So we will have it when the rioters burn down the liquor store!)
I don't know about Padilla, but Moussaoui was in a lighted cell for 24 hours per day. Sounds like nothing, but for 30 or 45 days, it takes its toll.
Did he get that? I don't think he did.
I thought that he can't talk to lawyers or family.
There are two sides to a story. I would like to hear his.
If I am wrong, please correct me.
TIA
Unbelievable.
I think that if we restrict it to those who have taken up arms against this country in a war, that will get us down to a reasonable number, don't you?
You think nine months is quick?
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Thanks Fred. I'm not defending these guys I'm defending the constitution. I think all Americans have these rights...even the despicable ones.
Now you two can say "never mind..."
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