As Keith Olberman explains in "Why does habeas corpus hate America," people are exagerrating about the systematic removal of their Constitutional rights. Come on, a mere 90 percent of the Bill of Rights has been gutted by the Bush Administration, at least so far....
Watch the video.Countdown has learned that habeas corpus actually predates the "Constitution," meaning it's not just pre-September 11th thinking, it's also pre-July 4th thinking.
In those days, no one imagined that enemy combatants might one day attack Americans on native soil.
In fact, Countdown has obtained a partially redacted copy of a colonial "declaration" indicating that back then, "depriving us of Trial by Jury" was actually considered sufficient cause to start a War of Independence, based on the then-fashionable idea that "liberty" was an unalienable right.
Today, thanks to modern, post-9/11 thinking, those rights are now fully alienable.
The reality is, without habeas corpus, a lot of other rights lose their meaning.
But if you look at the actual Bill of Rights — the first ten amendments to that pesky Constitution — you'll see just how many remain.
Well, ok, Number One's gone.
If you're detained without trial, you lose your freedom of religion, speech, the press and assembly. And you can't petition the government for anything.
Number Two? While you're in prison, your right to keep and bear arms just may be infringed upon.
Even if you're in the NRA.
Three?
No forced sleepovers by soldiers at your house. OK. Three is unchanged.
Four?
You're definitely not secure against searches and seizures, with or without probable cause - and this isn't even limited to the guards.
Five… Grand juries and due process are obviously out.
Six. So are trials, let alone the right to counsel. Speedy trials? You want it when?
Seven. Hmmmm. I thought we covered "trials" and "juries" earlier.
Eight — So bail's kind of a moot point…
Nine: "Other" rights retained by the people. Well, if you can name them during your water-boarding, we'll consider them.
And Ten — powers not delegated to the United States federal government seem to have ended up there, anyway.
So as you can see, even without habeas corpus, at least one tenth of the Bill of Rights, I guess that's the Bill of "Right" now… remains virtually intact.
And we can rest easy knowing we will never, ever have to quarter soldiers in our homes… as long as the Third Amendment still stands strong.
The President can take care of that with a Signing Statement.
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