Moving On to Section 9

I’m getting bogged down in the list of congressional duties in Section 8 and need to move on, at least for now. Unfortunately I like research so much that sometimes my scavenger hunts become the end rather than the means to an end (a blog entry).

In Section 9 there is this little gem: “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

A “writ” is a formal order under seal. “Habeas corpus” is Latin for “you have the body.” So a writ of habeas corpus is a judicial order to a prison official that an inmate must be brought to court so the judge can determine if the person is lawfully imprisoned and whether or not he/she should be released. This writ/petition can be filed by the prisoner or an advocate for the prisoner.

This statement in Section 9 seems a little ambiguous, even ominous, especially considering the partisan rancor going on in Congress today. In the 1700’s defining “rebellion” and “invasion” was probably not a problem for elected officials who had a better grasp of truth and honesty than those in office today. It doesn’t take a lot of imagination to see that this suspension of habeas corpus could be misused by unscrupulous “leaders” to imprison those whom they deem political “enemies.”

Could we ever have a Soviet-style “gulag” in the United States of America?

“We are so concerned to flatter the majority that we lose sight of how very often it is necessary, in order to preserve freedom for the minority, let alone for the individual, to face that majority down.” --William F. Buckley, Jr.