"We are witnessing a silent coup"

Bush and Republican Congress Erase 800 Years of Human Rights

The Republican Congress, with the votes of all too many Democrats, has emasculated the Constitution and given the President dictatorial powers which have been denied even to English Kings since the 12th Century.

The basic principal of Habeas Corpus is that the executive (whether king, president or prime minister) cannot imprison a person or hold him or her indefinitely without trial without the imprisoned person having a right to come before a court for a determination of whether the executive has a right to hold such person.

Its basic principal is that the executive cannot be prosecutor, judge and jury. The great 19th century English jurist Albert Dicey wrote that the Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty."

The first Writs of Habeas Corpus were issued in the 12th Century during the reign of Henry II and have been a part of common law ever since. The right to petition for Habeas Corpus was first codified into parliamentary law in England in 1679. An earlier act of 1640 said that the command of the King was not a sufficient answer to deny a petition of Habeas Corpus. In other words, a King could not arbitrarily hold a person without an opportunity to petition a court.

This principal was enshrined in the US Constitution. Article One, section nine of the Constitution states that "The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion or Invasion the public Safety may require it."

As even Republican Arlen Specter stated on Thursday, "The Constitution is explicit in the statement that Habeas Corpus may be suspended only with rebellion or invasion. We do not have a rebellion or an invasion."

Shame on President Bush, the Republican Congress (and those Democrats who went along) for taking away one of our most precious liberties in the hope of short term electoral gain. Where will this stop? If a legal immigrant gives money to a Palestinian health care organization, could he or she be arrested and held indefinitely for supporting terrorism? Many Republicans have said that those who oppose Bush's Iraq policies are aiding the terrorists. Could those who oppose the war be thrown in jail for endangering national security and held indefinitely without trial?

And now that the Congress has taken away 800 years of fundamental civil liberties, it is poised this weekend to authorize wiretapping without a warrant in violation of the 4th Amendment.

We are witnessing a silent coup by President Bush and the Republican Congress to undo our basic liberties enshrined in the Constitution.

In this election campaign, Congressional Democrats cannot run in fear from Republican accusations that those who oppose this legislation are weak on terrorism. Democrats must stand up and say that they believe that our national security must be defended, but not at the price of letting the terrorists scare us into giving up our basic liberties that have served the nation from the beginning.

It is likely now that the Supreme Court will strike down these unconstitutional acts of Congress. However, if Bush gets another Supreme Court nomination, and Republicans continue to have enough votes in the Senate to bloc a filibuster, we may see a right wing Supreme Court majority allow our sacred liberties to be destroyed.

This is just one more reason why it is so important for the Democrats to take control of Congress in November. Then they have to be willing to stand strong for Americans' liberties.

P.S. I haven't even addressed the bill's legalization of torture. McCain's "Straight Talk Express" seems to have come
to a screeching halt.