Friday, January 11, 2008

Re: [BDSM-LegalIssues] A little quote from the book that was mentioned at the start.

In the limits section is stated "The privilege of the Writ of Habeas Corpus shall not be suspended" True there is a caveat but the language clearly says the Writ is sacrosanct

Vicki <vicki@rjhg.com> wrote: At 08:10 AM 1/11/2008, Gary Charpentier wrote:

>On 1/11/08 7:02 AM, "Duncan O'Neil" <master_carmichael@yahoo.com> wrote:
>
> > Again, just to be clear Habeas Corpus can not be repealed!
> >
>
>Did the USA not enact, in the Constitution where Habeas Corpus lives, and
>repeal Prohibition? Seems to me that Habeas Corpus could be repealed. So
>could stare decisis. However if you meant that Congress and the President
>can't, you should be correct. However that depends on the Judicial branch
>not going along with it. Otherwise we will have to have a second
>Continental Congress.

If it is a right especially if it happens to be an unenanielable
right than no it can not
be repealed. ever.

However restrictions on government I.E. the constitution CAN AND HAVE
been changed
so wether we have a government that acknowledges a right and or
honors that right is
changeable.

Remember that the constitution is NOT a document that grants or gives
us rights it is
a document that restricts government from infringing on those
rights. In our case it
specifically says what powers (government has no rights) we the
people allow the
government to exercise. (prior to the 14th amendment this would have
been "federal government"
Now it is routinely accepted that the restrictions apply to the
states as well keeping in
mind the 9th and 10th amendment.

-Vicki-

Rights given by government are privileges not rights.





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posted by Annja Sue at 6:49 PM

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