Thursday, September 15, 2005

TIME TO SUSPEND WRIT OF HABEAS CORPUS?

The U.S. Constitution recognizes that in certain extreme cases the Writ of Habeas Corpus can be suspended for the duration of the conflict. This was done by President Lincoln during in the U.S. Civil War and over 38,000 people were imprisoned by the federal government, including a vast number of jounalists who refused to toe the Union line.

Fast forward to the present. The United States is a nation at war fighting terrorism both internationally and on the domestic front that is opposed overseas by the Islamists and at home by a hate filled Leftist faction that controls most of the mainstream media, academia and an important sector of politics named the Democratic Party.

Increasingly, the American Left and the Islamists have joined together in an informal Unholy Alliance that seeks to end the war on terrorism and Homeland Security measures designed to protect America. The Left and the Islamists have also joined forces to drive President George W. Bush from office: In the Left's most recent attempt, the mainstream media seeks to place the blame on the disaster at New Orleans on GWB while ignoring the actions of local Leftists officials (Nagin and Blanco) who are the real authors of the disaster; while at the same time the Islamists produce videos of terrorists who threaten the destruction of large American cities like Los Angeles.

In the fall of 2005 it has become clear that the national security of the United States is at risk if the federal government allows access and/or control of the mainstream media to stay in the hands of the American Left and the Islamists. Perhaps the time has come to suspend the Writ of Habeas Corpus and for the government to make mass arrests of Leftist journalists, academics, politicians and any others who threaten the security of the United States?

Americans should rightly treasure the 1st Amendment and the right to freedom of speech. However, the freedom of speech does not give one the right to yell "fire" in a crowded theater; nor does it give anyone the right to give voice support for actions that are designed to overthrow the U.S. Constitution and the republic established by it.
The Constitution is not a suicide pact.

Notes:

http://www.lessig.org/blog/archives/002345.shtml

Nonetheless, the Constitution express provides that the writ of habeas corpus can be suspended in cases of invasion or rebellion. The Civil War was certainly the latter. Lincoln first suspended the writ in 1861, shortly after the attack on Fort Sumpter. Seccesionists in Maryland had rioted and prevented Union troops from passing through Baltimore to protect the nation’s capital from attack. To restore order, which was beyond the capacity of the local law enforcement officer, Lincoln (reluctantly) suspended the writ of habeas corpus and authorized the military summarily to arrest and detain individuals in military facilities.

During the course of the Civil War, Lincoln suspending the writ on eight separate occasions. The most far reaching of these was a suspension in 1863 that applied across the entire Union and empowered military officials to arrest and confine any person “guilty of any disloyal act or practice.” As many as 38,000 civilians in the North were arrested by the military during the Civil War under these suspensions. Most were suspected of draft evasion, desertion, or sabotage. Some were accused of seditious utterance

http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=15316

Last fall I published a book called "Unholy Alliance: Radical Islam and the American Left," which argued that the progressive left in the West was in a de facto alliance with the Islamic jihadists, an alliance that developed out of the left's support for the genocidal camapaign of Palestinian jihadists against the Jews, and its global assault on the world capitalist system called "anti-globalization."