Welcome to Varied Expressions of Worship

Welcome to Varied Expressions of Worship

This blog will be written from an orthodox Christian point of view. There may be some topic that is out of bounds, but at present I don't know what it will be. Politics is a part of life. Theology and philosophy are disciplines that we all participate in even if we don't think so. The Bible has a lot to say about economics. How about self defense? Is war ethical? Think of all the things that someone tells you we should not touch and let's give it a try. Everything that is a part of life should be an expression of worship.

Keep it courteous and be kind to those less blessed than you, but by all means don't worry about agreeing. We learn more when we get backed into a corner.

Monday, April 1, 2013

Opus 2013-115: Cornerstone Considerations: CUSA, Suspending Habeas Corpus, Part 1 of 3

Most people will put Abraham Lincoln at or near the top when they make a list of the great presidents of the United States.  If there is anything that makes some hesitate it involves actions like the suspension of the writ of habeas corpus.  The writ of habeas corpus is a right that has come down to us in the evolution of democracy in England.

In the battle between the plow and the crown, the rulers had all the cards.  The deck was stacked.  It was hard for a peasant with a pitchfork made of iron to stand up against a knight clad in chain mail, swinging a steel sword and riding a huge horse.  Add to that the jails belonged to the king.  If they did not like you all they had to do was kill you or lock you up until you died.

The response to this began to develop with the writ of habeas corpus.  We know it was part of the Magna Carta of 1215.  I have heard different translations of the phrase but they come out to something like “produce the body.”  In application it meant that the accuser or law enforcer was required to bring the prisoner out on demand and explain why he was being locked up.  If this was not done in a timely manner, the prisoner was to be set free.  If an impartial judge thought the evidence was flaky, the prisoner was to be set free.  It was designed to protect against the flagrant abuses of a culture based on muscles and swords.

The protections and rights of this concept are expanded in our Bill of Rights, Amendments IV, V and VI.  This involves warrants, due process, probable cause, jury of our peers and so forth.   It is the foundation of much of our liberty because it protects us from an aggressive government that wants to lock us up and throw away the key just because they don’t like us.  It is a bulwark against tyranny.

The Constitution gives an exception to this protection.
Article I, Section 9, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety require it.”
This is the only place in the Constitution that we find the term.  It was the source of Lincoln’s action.

To be continued...

homo unius libri

No comments:

Post a Comment

Comments are welcome. Feel free to agree or disagree but keep it clean, courteous and short. I heard some shorthand on a podcast: TLDR, Too long, didn't read.