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Habeas Corpus and a Senate Race in Maine
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Race
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| Contributor | The Sunset Provision |
| Last Edited | The Sunset Provision Sep 21, 2007 01:51pm |
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| Category | News |
| Media | Website - Yahoo News |
| News Date | Friday, September 21, 2007 07:00:00 PM UTC0:0 |
| Description | The founders of the American experiment left no doubt of the commitment of the new United States to the rule of law and right. While Madison, Mason and their contemporaries assumed that habeas corpus protections would be embraced and respected by all Americans who understood the point of their revolt against the British crown, they specifically added a notation to the Constitution stating 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."
In absence of rebellion or invasion, the Congress voted last fall -- at the behest of then-White House political czar Karl Rove, who hoped in vain that fear-mongering might renew Republican electoral prospects -- to suspend habeas corpus protections for suspects deemed to be "unlawful enemy combatants" by the Bush administration.
Wednesday's cloture vote provided an opportunity for senators to recommit themselves to the Constitution.
Of the 56 votes to restore habeas corpus protections, 49 came from Democrats and one from Vermont Independent Bernie Sanders, who caucuses with the Democrats. Six came from Republicans: Nebraska's Chuck Hagel, Indiana's Richard Lugar, Oregon's Gordon Smith, Maine's Olympia Snowe, Pennsylvania's Arlen Specter and New Hampshire's John Sununu.
Of the 43 votes against the Constitution, 42 came from Republicans and one from Independent-Democrat Joe Lieberman of Connecticut.
What is the best way to react to the vote? By remembering that the two more vulnerable Republican incumbents up for reelection next year, Norm Coleman of Minnesota and Susan Collins of Maine, voted against restoring habeas corpus. They were joined in their Constitutional heresy by four potentially vulnerable Republicans -- John Barrasso of Wyoming, Pete Domenici of New Mexico, Mitch McConnell of Kentucky and Ted Stevens of Alaska.
In 2008, the Constitution needs to be a campaign issue.
Senators are either for it o |
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