Obama wants Gitmo closed; habeas corpus restored

[TeamJordan23]

http://news.yahoo.com/s/ap/20070624/ap_on_el_pr/obama_texas_2

Obama says Gitmo facility should close
By ELIZABETH WHITE, Associated Press Writer

Barack Obama told a Texas crowd on Sunday that he wants the Guantanamo Bay, Cuba, detainee facility closed — a step the Bush administration is considering.

The Democratic presidential hopeful pledged to work side-by-side with the rest of the world on issues like nuclear proliferation, poverty, economic development in Latin America and the violence in Darfur.

"While we're at it," he said, "we're going to close Guantanamo. And we're going to restore habeas corpus. ... We're going to lead by example — by not just word but by deed. That's our vision for the future."

Habeas corpus is a tenet of the Constitution that protects people from unlawful imprisonment.

The White House said Friday that President Bush has made closing the prison in Cuba a priority and that Bush's top aides are in active discussions about the subject.

[Kagemusha]

1. Inaccurate (AP writer's fault) - Habeas long precedes the Constitution

it's not really a constitutional tenet, except for the part about limiting waiving it to Congress and writing the expectation that Congress would only do so in time of war and invasion... that sort of thing. (I don't have an exact quote but wholesale permamnent revocation of it is not cool, as far as the Constitution is concerned.) But Habeas corpus is not so much a tenet of the Constitution as a tenet of the law which the Constitution makes an effort to protect. The principle goes back 800+ years, and in spite of Tony Blair's best efforts, it has narrowly survived his rule in the U.K. as well.

Edit: To elaborate ever so slightly, my understanding is, it's better described as a tenet of common law, known as civil law in some countries, in the sense that it should be understood as a fundamental principle of civilian as opposed to martial law. Judges simply drew on the long-standing fundamental principles of English jurisprudence that existed before the US achieved independence. The Constitution was built on top of the common law traditions that existed and would continue to exist, not the other way around. It's not a nuance that the AP writer seems to have grasped.

[Xipe Totec]

3. Habeas Corpus falls under the rubric of inalienable rights

a set of human rights that are in some sense fundamental, are not awarded by human power, and cannot be surrendered.

The constitution merely acknowledges their existence. In the case of Habeas Corpus, the constitution vows to respect this right.

Strictly speaking, then, this is not a right granted by the constitution; it is a right that trumps the constitution.

[Kagemusha]

4. Yeah, what you said. Thanks for articulating it.

I understand why a reporter would go with the popular idea that nothing trumps the Constitution, but it's a little sloppy for someone writing about a matter of law in a professional capacity. Still, it's not a huge deal either, if the importance is acknowledged at least.

[illinoisprogressive]

2. Texas is such a red state but, I bet Obama got his crowd cheering big time.

[snowbear]

5. Obama wants it closed .... Romney wants it doubled in size...

And they called Senator Kerry a flip-flopper?

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