Sunday, June 15, 2008

Worst Supreme Court Decision?

John McCain called the recent Supreme Court decision upholding habeas corpus "one of the worst decisions in the history of this country." I'm sure many fans of the Supreme Court could point to a few other decisions, such as the Dred Scott case and Plessy v. Ferguson, that far outstrip Boumediene v. Bush. Whereas Plessy v. Ferguson was decided in direct contradiction of the 14th Amendment, Boumediene v. Bush upholds the Constitution, which clearly states that "writ of habeas corpus cannot be suspended except during a time of invasion or rebellion." Note that this right is enshrined in the Constitution proper, not in the Bill of Rights, which were later additions to the document. Such a prominent placement of the right most likely indicates the reverence the Founders held for the right. Simply put, there is no better path to tyranny than the suspension of habeas corpus.

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