Before We Go On...
I gotta tell you this before I tell you what follows: A right can be considered a privilege, but a privilege cannot be considered a right. "Privilege" is a synonym for "right", but "right" is not a synonym for "privilege". Therefore, anything spoken of as a privilege in the Constitution is not necessarily a right.
From the article:
“The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended” (except in cases of rebellion or invasion).
The mention of the
Writ of Habeas Corpus in the Constitution is recognition enough that it exists. And, for whom could it possibly exist other than for the people? It's not like you can arrest and detain a state!
But, here is another pertinent fact. The
Writ of Habeas Corpus is not a right. It is not even enumerated as a right in the Constitution. It is enumerated as a
PRIVILEGE! If it were a right, it couldn't even be suspended in a time of rebellion or invasion! So, Gonzales is right in the respect that it is not a right, but it cannot be denied anyone, regardless of whether the Constitution "grants" it or whether the Constitution says it applies to everyone or not! The power to suspend the
Writ of Habeas Corpus has been
DENIED, unless when in cases of rebellion or invasion the public safety may require it.
Even then, it would be up to Congress to suspend it, not the Executive branch nor Judicial branch of the Union. No such power has been granted to the Executive or Judicial branches of the Union. Any power to suspend the
Writ of Habeas Corpus is in the purview of Congress as a limited specific exception to the denial of the power, included with the other powers denied to Congress in Article I, Section 9.
That said, Gonzales fell about another 40 points on my Trust-O-Meter, and Bush lost about as much on my Respect-O-Meter for appointing him. Gonzales's statement is inaccurate, incomplete, deceptive, and revealing. There is something up his(and probably Bush's) sleeve.
It seems to me - call it my masculine "don't screw with me" intuition - there have been a spate of "diversions" lately. It seems that all in Washington DC are in bed with some scheme and it's time to slip the covers off.
Woody
"It is up to We the People to decide if and when we shall revolt. It is not up to those in government to prevent it. It is up to those in government to see that revolution never becomes necessary." B.E.Wood