How to Restore Habeas Corpus (by John Nichols for The Nation)

[marmar]

BLOG | Posted 06/14/2007 @ 12:47pm
How to Restore Habeas Corpus


The American Civil Liberties Union is right when it says that last week's Senate Judiciary Committee vote in favor of the restoration of habeas corpus protections "signals to the White House and the Republican minority in Congress that this is a real issue."

But that does not mean that renewal of the most basic of our Constitutional guarantees is just around the corner.

The frustrating fight to restore habeas corpus has reached an important milestone. Democrats appear to have signed on for the struggle. But Republicans, for the most part, remain wrong or silent.

That creates a calculus that must be understood by serious constitutionalists. This fight is about more than gaining partisan advantage or "sending a message." A fundamental of the republic is at stake. Thus, it is essential to recognize that, even though Democrats control the Congress, GOP control of the White House means that this constitutional restoration project must now focus attention and energy on those congressional Republicans who call themselves "strict constructionists." Only if the Senate votes overwhelmingly for the restoration of habeas corpus will there be any chance of forcing the hand of a president who has not distinguished himself as an enthusiast for the Bill of Rights.

Is it reasonable to think that grass-roots activists might succeed in forcing a significant number of Republicans to do the right thing? ......(more)

The complete piece is at: http://www.thenation.com/blogs/thebeat?bid=1&pid=205265