Habeas Corpus is Missing

Habeas Corpus is Missing

For the past seven years, George Bush has repeatedly violated the Constitution. Even worse, Congress has knowingly let it happen.

There’s been the legalization of torture, warrantless wiretaps and the Military Commissions Act (MCA), which gives the president absolute power to decide who is an enemy of the US, to imprison people indefinitely without charging them with a crime, and to define what is — and what is not — torture and abuse.

This act represented an unprecedented attack on the basic system of habeas corpus–a fundamental Constitutional right that protects against unlawful and indefinite imprisonment. Translated from Latin it means “show me the body.” It has acted historically as an important instrument to safeguard individual freedom against arbitrary executive power.

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For the past seven years, George Bush has repeatedly violated the Constitution. Even worse, Congress has knowingly let it happen.

There’s been the legalization of torture, warrantless wiretaps and the Military Commissions Act (MCA), which gives the president absolute power to decide who is an enemy of the US, to imprison people indefinitely without charging them with a crime, and to define what is — and what is not — torture and abuse.

This act represented an unprecedented attack on the basic system of habeas corpus–a fundamental Constitutional right that protects against unlawful and indefinite imprisonment. Translated from Latin it means “show me the body.” It has acted historically as an important instrument to safeguard individual freedom against arbitrary executive power.

The MCA, passed by the Republican Congress soon before the 2006 elections, was sparked by the Supreme Court’s ruling in Hamdan v. Rumsfeld that the original military commission system established by President Bush to try detainees at Guantanamo Bay was unfair and illegal.

This wide-ranging legislation eliminated a cornerstone of the Constitution by depriving habeas corpus rights from certain individuals and allowing the US government to continue to hold hundreds of prisoners indefinitely and without recourse.

In response, the Restoring the Constitution Act, introduced by Senator and Presidential candidate Christopher Dodd, Congressman Jerrold Nadler and Congresswoman Jane Harman restores habeas corpus and due process to detainees held at Guantanamo Bay and to other detainees held by the federal government.

Moreover, this bill would prevent the current and future presidents from making up their own rules on torture, and make clear that the federal government must comply with the Geneva Conventions. The bill asserts that the Constitution is the law of the land — and that no president can make up his or her own rules regarding torture and abuse.

The ACLU has created a website to help promote grassroots support for restoring the US Constitution. Sign the petition which will be delivered to Congress on June 26 (the one-year anniversary of the MCA’s ratification), learn more about the issue, encourage others to get involved and implore your legislators to support Dodd and Nadler’s bill. This is one issue left, right and center should agree on.

We cannot back down

We now confront a second Trump presidency.

There’s not a moment to lose. We must harness our fears, our grief, and yes, our anger, to resist the dangerous policies Donald Trump will unleash on our country. We rededicate ourselves to our role as journalists and writers of principle and conscience.

Today, we also steel ourselves for the fight ahead. It will demand a fearless spirit, an informed mind, wise analysis, and humane resistance. We face the enactment of Project 2025, a far-right supreme court, political authoritarianism, increasing inequality and record homelessness, a looming climate crisis, and conflicts abroad. The Nation will expose and propose, nurture investigative reporting, and stand together as a community to keep hope and possibility alive. The Nation’s work will continue—as it has in good and not-so-good times—to develop alternative ideas and visions, to deepen our mission of truth-telling and deep reporting, and to further solidarity in a nation divided.

Armed with a remarkable 160 years of bold, independent journalism, our mandate today remains the same as when abolitionists first founded The Nation—to uphold the principles of democracy and freedom, serve as a beacon through the darkest days of resistance, and to envision and struggle for a brighter future.

The day is dark, the forces arrayed are tenacious, but as the late Nation editorial board member Toni Morrison wrote “No! This is precisely the time when artists go to work. There is no time for despair, no place for self-pity, no need for silence, no room for fear. We speak, we write, we do language. That is how civilizations heal.”

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Onwards,

Katrina vanden Heuvel
Editorial Director and Publisher, The Nation

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