From Salon.

Thursday June 12, 2008 10:51 EDT
Supreme Court restores habeas corpus, strikes down key part of Military
Commissions Act



In a major rebuke to the Bush administration's theories of presidential
power -- and in an equally stinging rebuke to the bipartisan political
class which has supported the Bush detention policies -- the U.S.
Supreme Court today, in a 5-4 decision (.pdf), declared Section 7 of the
Military Commissions Act of 2006 unconstitutional. The Court struck down
that section of the MCA because it purported to abolish the writ of
habeas corpus -- the means by which a detainee challenges his detention
in a court -- despite the fact that Constitution permits suspension of
that writ only "in Cases of Rebellion or Invasion."

--
Garden in shade zone 5 S Jersey USA
Neat place .. http://www.petersvalley.org/

In article
,
Bill wrote:

From Salon.

Thursday June 12, 2008 10:51 EDT
Supreme Court restores habeas corpus, strikes down key part of Military
Commissions Act



In a major rebuke to the Bush administration's theories of presidential
power -- and in an equally stinging rebuke to the bipartisan political
class which has supported the Bush detention policies -- the U.S.
Supreme Court today, in a 5-4 decision (.pdf), declared Section 7 of the
Military Commissions Act of 2006 unconstitutional. The Court struck down
that section of the MCA because it purported to abolish the writ of
habeas corpus -- the means by which a detainee challenges his detention
in a court -- despite the fact that Constitution permits suspension of
that writ only "in Cases of Rebellion or Invasion."

http://groups.google.com/group/sci.m...roup=sci.med.c
ardiology&q=wagner+habeas+corpus&qt_g=Search+this+ group

--
Garden in shade zone 5 S Jersey USA
Neat place .. http://www.petersvalley.org/

In article
,
Bill wrote:

From Salon.

Thursday June 12, 2008 10:51 EDT
Supreme Court restores habeas corpus, strikes down key part of Military
Commissions Act



In a major rebuke to the Bush administration's theories of presidential
power -- and in an equally stinging rebuke to the bipartisan political
class which has supported the Bush detention policies -- the U.S.
Supreme Court today, in a 5-4 decision (.pdf), declared Section 7 of the
Military Commissions Act of 2006 unconstitutional. The Court struck down
that section of the MCA because it purported to abolish the writ of
habeas corpus -- the means by which a detainee challenges his detention
in a court -- despite the fact that Constitution permits suspension of
that writ only "in Cases of Rebellion or Invasion."

Oh goody, eight hundred years of English common law isn't to be chucked
out the window (habeas corpus).

In 1214, while vying for his land in France, the French in the Battle of
Bovine defeat King John. John's government in London rebeled and force
him to sign the Magna Carta in 1215 at Running Mead. For a little humor,
the book 1066 and All That by WC Sellar and RJ Yeatmen describe the
contents of the "Magna Garter" as:

1. "No one was to be put to death, save for some reason--
(except the Common People)

2. That everyone should be free--(except the Common People)

3. That everything should be of the same weight and measure
throughout the Realm--(except the Common People)

4. That the Courts should be stationary, instead of following
a very tiresome medieval official known as the King's
Person all over the country.

5. That "no person should be fined to his utter ruin"--
(except the Common People)

6. That the Barons should not be tried except by a special
jury of other Barons who would understand.

Magna Charter was therefore the chief cause of Democracy in England, and
thus a Good Thing for everyone (except the Common People)."

Chief Justice John Roberts, Justices Samuel Alito and
(to be sure) Clarence Thomas wish to take us back to the good old days
before the 1215 battle of Running Mead.

Down with the Smirking Monkey.
--

Billy
Bush and Pelosi Behind Bars
http://www.youtube.com/watch?v=9KVTf...ef=patrick.net
http://www.youtube.com/watch?v=l0aEo...eature=related

In article , Persephone
wrote:

On Thu, 12 Jun 2008 13:50:08 -0400, Bill
wrote:


From Salon.

Thursday June 12, 2008 10:51 EDT
Supreme Court restores habeas corpus, strikes down key part of Military
Commissions Act



In a major rebuke to the Bush administration's theories of presidential
power -- and in an equally stinging rebuke to the bipartisan political
class which has supported the Bush detention policies -- the U.S.
Supreme Court today, in a 5-4 decision (.pdf), declared Section 7 of the
Military Commissions Act of 2006 unconstitutional. The Court struck down
that section of the MCA because it purported to abolish the writ of
habeas corpus -- the means by which a detainee challenges his detention
in a court -- despite the fact that Constitution permits suspension of
that writ only "in Cases of Rebellion or Invasion."

Good news indeed -- though it's hard to guess when there will be any
practical application.

The practical application is that the United States is retuning to the
rule of law. Now those held by authorities will have the right to ask on
what grounds they are being held, whether they were arrested by bounty
hunters in Iraq or Afghanistan or were arrested in Chicago for having a
big mouth. Maybe, now we can get an injunction on torture as well.

It is interesting to me, that in talking to friends from "banana
republics", how similar our situations have become.

Not as hot today. Down from 94F yesterday. Peas are bearing the brunt of
the heat. Need to repot to keep small plants from drying out. And I need
to finish up using my compost/manure tea. It's running out of time.
This is another of the tenuous 5-4 decisions that should alert us
Court junkies (and anyone we can influence), to the terrible dangers*
that await us if McBush is elected, with the power to appoint
reactionary Justices as the old-tymers die or retire. Stevens is 88
and several other are no spring chickens.

* for just one, back to the coat hanger for our daughters and sisters;
McBush is a staunch "pro-lifer", which is their term for opponents
of a woman's right to control her own body.

Persephone
--

Billy
Bush and Pelosi Behind Bars
http://www.youtube.com/watch?v=9KVTf...ef=patrick.net
http://www.youtube.com/watch?v=l0aEo...eature=related

In article
,
Billy wrote:

In article , Persephone
wrote:

On Thu, 12 Jun 2008 13:50:08 -0400, Bill
wrote:


From Salon.

Thursday June 12, 2008 10:51 EDT
Supreme Court restores habeas corpus, strikes down key part of Military
Commissions Act



In a major rebuke to the Bush administration's theories of presidential
power -- and in an equally stinging rebuke to the bipartisan political
class which has supported the Bush detention policies -- the U.S.
Supreme Court today, in a 5-4 decision (.pdf), declared Section 7 of the
Military Commissions Act of 2006 unconstitutional. The Court struck down
that section of the MCA because it purported to abolish the writ of
habeas corpus -- the means by which a detainee challenges his detention
in a court -- despite the fact that Constitution permits suspension of
that writ only "in Cases of Rebellion or Invasion."

Good news indeed -- though it's hard to guess when there will be any
practical application.

The practical application is that the United States is retuning to the
rule of law. Now those held by authorities will have the right to ask on
what grounds they are being held, whether they were arrested by bounty
hunters in Iraq or Afghanistan or were arrested in Chicago for having a
big mouth. Maybe, now we can get an injunction on torture as well.

It is interesting to me, that in talking to friends from "banana
republics", how similar our situations have become.

Not as hot today. Down from 94F yesterday. Peas are bearing the brunt of
the heat. Need to repot to keep small plants from drying out. And I need
to finish up using my compost/manure tea. It's running out of time.

Rats! It ran out of time. They weren't kidding about the time. Not 84
hours, not 78 hours, 72 hours and and the sweet smelling elixir
turms into a septic tank, yucky doo.

Oh weell. Got 20 more gallons of water de-chlorinating. We'll
get them next time. At least I have everything I need for my next
batch of compo-nuer tea.

Laid down some newsprint and alfalfa to reduce the griddle effect
the plastic mulch has on my beans.

Fingers crossed.
This is another of the tenuous 5-4 decisions that should alert us
Court junkies (and anyone we can influence), to the terrible dangers*
that await us if McBush is elected, with the power to appoint
reactionary Justices as the old-tymers die or retire. Stevens is 88
and several other are no spring chickens.

* for just one, back to the coat hanger for our daughters and sisters;
McBush is a staunch "pro-lifer", which is their term for opponents
of a woman's right to control her own body.

Persephone
--

Billy
Bush and Pelosi Behind Bars
http://www.youtube.com/watch?v=9KVTf...ef=patrick.net
http://www.youtube.com/watch?v=l0aEo...eature=related