Habeas Corpus Suspended by the United States Supreme Court

The Sacred Writ has been Removed from the Constitution

Canada Free Press, December 14, 2013

What is Habeas Corpus?

There is only one Right embodied in the Constitution; the remainder are found in the Bill of Rights.  For the most part, the Constitution created a government and granted it only certain powers and authorities.  So, what right is so significant as to be included within the Constitution, while the Bill of Rights was not adopted until 2 years later?

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.  [Article I, §9, cl. 2]

What?  That says “Privilege”.  Well, a “Privilege” is a right that can be suspended, under certain circumstances.  Those circumstances are only in “Cases of Rebellion or Invasion”, and, being in Article I, of the Constitution, the authority to suspend that right lies only with the Congress.

If you were old enough, or fortunate enough, to have been taught about Habeas Corpus in your early schooling, you would know that it is the “sacred writ” and that it means, “produce the body”.  Well, that doesn’t tell you a lot, though it does demonstrate that even in school, the assurance that you had a rudimentary understanding of what Habeas Corpus was a part of the educational process.

So, what is Habeas Corpus?  We can look to Black’s Law Dictionary, 5th Edition, to find what a modern definition is:

habeas corpus ad subjiciendum.  A writ directed to the person detaining another, and commanding them to produce the body of the prisoner, or person detained.  This is the most common form of habeas corpus writ, the purpose of which is to test the legality of the detention or imprisonment; not whether he is guilty or innocent. 

This is the well-known remedy in England and the United States for deliverance from illegal confinement, called by Sir William Blackstone the most celebrated writ in the English law, and the great and efficacious writ, in all manner of illegal confinement.  The “great writ of liberty”, issuing at common law out of the Courts of Chancery, King’s Bench, Common Pleas, and Exchequer.

Much more here:  http://canadafreepress.com/index.php/article/59859

UPDATED: How much does your liberty means to you?

There is a debate going on in an article posted on the Beaufort Observer that we feel you will be interested in.


Check it out The Time has come to stand up for your children and grandchildren.

We recently posted an article entitled Opposition grows to the 2012 National Defense Authorization Act-NDAA that did not get nearly as many hits as we expected. So we'll follow it up with this commentary.


Two sections in an omnibus authorization bill to run the Department of Defense effectively repealed major portions of the United States Constitution and those of many of the states. Those two sections (1021 and 1022) provide that an American can be "detained" by the military if there is reason to believe the person, even an American citizen within the United States, is engaged or about to be engaged in terrorism. There is not provision to insure that the detention can be reviewed by a court to determine if the person is being held legally (Habeas Corpus) nor does it guarantee a speedy trial by jury to determine whether the citizen is guilty. There's more, much more as is explained at the link above in in the links contained in the article.

We called Senator Burr's office to find out why he voted for the NDAA. The explanation was simple: To support keeping the military operating. That was all well and good with us, but then we asked: "Did Sen. Burr seek to amend the bill to strip out Sections 1021 and 1022 or clarify them to guarantee the application of the Bill of Rights to them?" The answer was "no."

We are appalled. You should be too. In fact EVERY American should not only be appalled but should joint in the movement to see that these two sections are repealed.

Here's what we urge you to do. Contact your state legislators and ask them to support a bill to nullify Sections 1021 and 1022 and to prohibit any state employee from assisting in their enforcement. That bill will be introduced in the May short session but will take a procedural vote to have it considered. Every legislator should vote to consider it and then vote to nullify the application of those sections in North Carolina.

Nullification has not been used to any significant extent since the Civil War. But we feel strongly that the time has come that it is imperative that the power of the Federal government be brought in check and to insure that the original balance of powers between the states and the national government is restored.

If we are not going to stand up to the trampling of the Bill of Rights then when on earth are we ever going to take a stand?

MORE:
http://www.beaufortobserver.net/Articles-NEWS-and-COMMENTARY-c-2012-03-03-258931.112112-UPDATED-How-much-does-your-liberty-mean-to-you-The-time-has-come-to-stand-up-for-your-children-and-grandchildren.html

Coalition of Patriot Groups Unite to Oppose NDAA

The New American--Written by Joe Wolverton, II

Tuesday, 14 February 2012
The Intolerable Acts was the name used by American colonists to describe a series of oppressive measures passed by the British Parliament in 1774 relating to the amount of self-government permissible in the American colonies. The acts sparked outrage and firm resistance to the tyrannical regime of King George III throughout the 13 colonies. These arbitrary violations of the rights of the colonists — rights enjoyed by all Englishmen — resulted in the convening of the First Continental Congress in order to organize a formal denouncement of the decrees and to unite the Americans in their resistance to the Crown. Despite various attempts by several delegates to reconcile with Britain, independence was declared within two years and the American War for Independence raged until liberty was achieved in 1783.


Lately, the government of the United States of America has been passing measures masquerading as laws that are easily as arbitrary and deleterious of freedom as any of the coercive measures passed by the despotic regime of the British Empire that caused our ancestors to take up arms and reassert their freedoms. The latest and perhaps most egregious of these is the recently enacted National Defense Authorization Act of 2012 (NDAA).

President Barack Obama signed the NDAA into law on New Year’s Eve 2011, granting himself absolute power to deploy the armed forces of the United States to indefinitely detain American citizens suspected (by him) of being "belligerents."

With the President's signing of this act, the writ of habeas corpus — a civil right so fundamental to Anglo-American common law history that it predates the Magna Carta — is voidable upon the command of the President of the United States. The Sixth Amendment right to counsel is also revocable at his will.

If the foregoing description isn’t sufficient evidence of the similarities between the autocratic acts passed in the 18th-century English Parliament and those passed by our own 21st-century Congress, further proof is found in the coalition of patriot organizations (including The John Birch Society, among others) uniting to call upon states to nullify these measures in the several state legislatures.

Toward that noble aim, these groups, under the direction of the Patriot Coalition and the Oath Keepers, have created a website that serves as both an educational portal and a repository of sample nullifying resolutions.

In a statement posted on the website explaining why the NDAA merits special attention from friends of freedom, the Patriot Coalition/Oath Keepers declared:

Our legal team has spent hundreds of hours developing the most detailed and in-depth NDAA resolutions for state legislators you will find anywhere. There are also resolutions for county sheriffs, and others in the works for other state and local governments, veteran service organizations, grassroots organizations, and more. In the coming weeks and months, "The Intolerable Acts" legal team will also produce and distribute model resolutions and legislation related to the entire spectrum of "intolerable and coercive acts" passed since 9/11/2001.

Senator Lindsey Graham is not alone in his belief that Miranda and due process should be waived because in his words, America IS the battlefield! He should read the Declaration of Independence, the Bill of Rights, and the rest of the U.S. Constitution. Watch the videos below to hear Senator Graham in his own words. Rather than destroy the Constitution, how about we end the VISA Waiver Program that allows foreigners to just waltz in, virtually unannounced? The VISA Waiver Program should be suspended at the very least until "the end of hostilities" since, according to Senator Graham (and others) we "are at war." Hmm... where's that declaration of war? Oh... don't have one. Still leaning on an Authorization for the Use of Military Force (AUMF) that Congress approved to go after those responsible for the attacks of 9/11/2001? Is this Groundhog Day, in which every day is 9/12/2001?

CONTINUE READING HERE: 
http://thenewamerican.com/usnews/constitution/10859-coalition-of-patriot-groups-unite-to-oppose-ndaa