Defending the right to a day in court

[tevarin]

I am very, very glad that the Democrats won control of the senate. Without that, Bush's unconstitutional creeping tyranny might have gone unchallenged as his enablers papered things over again and again

Comments

A quibble

[vrimj]

Habes Corpus is not trial by jury, it is judicial review of detention by an executive authority. The standard for pre-trial habes is essentially the same as that for arrest.

Habeus is an important check on the Executive branch, Trial by jury is an important check on the judicial.

Re: A quibble

[vrimj]

Just wanted to add a link to Dean's eviceration of Gonzales's testimony http://writ.news.findlaw.com/dean/20070126.html

Specter not only won this argument - it was resolved in his favor and against Gonzales, decisively, some 220 years ago: In 1787, the Anti-Federalists, too, argued that the Constitution makes no express grant of habeas corpus. They too were dead wrong. This isn't esoteric constitutional theory; it's American History 101.

Re: A quibble

[tevarin]

whoops. edited.