Habeus Corpus
According to Gonzalez, because the right to habeus corpus isn't explicitly spelled out in the Constitution, it doesn't exist. Despite being part of common law for several hundred years.
GONZALES: I will go back and look at it. The fact that the Constitution - again, there is no express grant of habeas in the Constitution. There is a prohibition against taking it away. But it’s never been the case, and I’m not a Supreme -
SPECTER: Now, wait a minute. Wait a minute. The constitution says you can’t take it away, except in the case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus, unless there is an invasion or rebellion?
GONZALES: I meant by that comment, the Constitution doesn’t say, “Every individual in the United States or every citizen is hereby granted or assured the right to habeas.” It doesn’t say that. It simply says the right of habeas corpus shall not be suspended except by -
SPECTER: You may be treading on your interdiction and violating common sense, Mr. Attorney General.
GONZALES: Um.
The mind boggles. What is there to say, really?
GONZALES: I will go back and look at it. The fact that the Constitution - again, there is no express grant of habeas in the Constitution. There is a prohibition against taking it away. But it’s never been the case, and I’m not a Supreme -
SPECTER: Now, wait a minute. Wait a minute. The constitution says you can’t take it away, except in the case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus, unless there is an invasion or rebellion?
GONZALES: I meant by that comment, the Constitution doesn’t say, “Every individual in the United States or every citizen is hereby granted or assured the right to habeas.” It doesn’t say that. It simply says the right of habeas corpus shall not be suspended except by -
SPECTER: You may be treading on your interdiction and violating common sense, Mr. Attorney General.
GONZALES: Um.
The mind boggles. What is there to say, really?