hez a lawyer

Attorney General Gonzales apparently recently asserted that the Constitution contains no right to habeas corpus. Let’s ignore the policy implications of this and instead completely focus on the logic of his reported argument.

  1. US Constitution Article I § 9 states that, “habeas corpus shall not be suspended unless … in cases of rebellion or invasion the public safety may require it”.
  2. Gonzales: “The Constitution doesn’t say every individual in the United States or every citizen is hereby granted or assured the right of habeas.” [Q&A transcript missing, but here’s his speech]
  3. Therefore, the right to habeas corpus is not protected by the Constitution.

This is fun logic.  See if you can work out the next one by yourself:

  1. The 1st Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press;”

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