WashingtonWatch.com - H.R. 1416, The Habeas Corpus Restoration Act of 2007

Comment by Anonymous (March 25, 2008, 01:00:00)

Tue, 25 Mar 2008 00:00:00 EDT

If you think about it, suspending habeas courpus would be like throwing nine of the first ten Amendments out the window. Quartering troops is all thats left....

Comment by political.middle.ground (November 29, 2007, 01:00:00)

Thu, 29 Nov 2007 00:00:00 EST

All habeas corpus does is require the government to show cause for the person's detention, and determine if such cause is legally sufficient. If the President is legally detaining individuals, habeas corpus will not disturb those detentions. The writ merely ensures that the one doing the detaining is not also the final say on its legality....

Comment by Patriot (September 18, 2007, 01:00:00)

Tue, 18 Sep 2007 00:00:00 EDT

Rightview, if the "provision for suspension" is so clear, why can't you defend it? Just capitalizing "clear" doesn't clarify anything. Clearly we need not fear rebellion, 9/11 wasn't a rebellion. To consider 9/11 an invasion would require a very liberal view of the constitution. As conservatives we should guard the constitution better than that. Unfortunately we've done a very poor job of that for the past several years....

Comment by anonymous (July 2, 2007, 01:00:00)

Mon, 02 Jul 2007 00:00:00 EDT

"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." There is no rebellion and there is no invasion that I know about. Unless you count fanatics who live in a third world country half a world away. How many nukes did the Russians have during the Cold War? And now we are having our rights taken away for no good reason. The terrorist have already won....

Revision by webmaster (June 28, 2007, 01:00:00)

Thu, 28 Jun 2007 00:00:00 EDT

H.R. 1416 would restore habeas corpus for those detained by the United States and repeal the prohibition on treaty obligations establishing grounds for certain claims.

Detailed Summary

Habeas Corpus Restoration Act of 2007- Repeals provisions of the Military Commissions Act of 2006 that eliminated the jurisdiction of any court to hear or consider applications for a writ of habeas corpus filed by aliens who have been determined by the United States to have been properly detained as enemy combatants (or who are awaiting such determination) and actions against the United States relating to the detention of such aliens and to military commissions (thus restoring habeas corpus rights existing prior to the enactment of such Act).

Allows courts to hear or consider legal challenges to military commissions only as provided by the Code of Military Justice or by a habeas corpus proceeding.

Repeals the prohibition in the Military Commissions Act of 2006 against invoking the Geneva Convention as a source of rights in any habeas corpus or other civil actions in which the United States or a member of the Armed Forces is a party.

Status of the Legislation

Latest Major Action: 3/8/2007: Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Points in Favor

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Points Against

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Revision by webmaster (June 28, 2007, 01:00:00)

Thu, 28 Jun 2007 00:00:00 EDT

H.R. 1416 would restore habeas corpus for those detained by the United States and repeal the prohibition on treaty obligations establishing grounds for certain claims.

Detailed Summary

Allows courts to hear or consider legal challenges to military commissions only as provided by the Code of Military Justice or by a habeas corpus proceeding.

Status of the Legislation

Latest Major Action: 3/19/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Points in Favor

(Log in to edit the wiki and be the first to show why the bill should pass!)

Points Against

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Comment by rightview (June 27, 2007, 01:00:00)

Wed, 27 Jun 2007 00:00:00 EDT

There is CLEAR provision for suspension of habeas corpus in the U.S. Constitution Article 1 Section 9...

Comment by Wayne Lanier, PhD (June 15, 2007, 01:00:00)

Fri, 15 Jun 2007 00:00:00 EDT

H.R.1416IH and S185 will help repair the Constitutional wreckage wrought by the Republican Majority of. We cannot retain our freedoms if we join the Religious terrorists who would abandon all freedoms....

Comment by Padric (June 6, 2007, 01:00:00)

Wed, 06 Jun 2007 00:00:00 EDT

This act is absolutely necessary to repair the damage done by President George Bush to our legal system. The denial of habeas corpus, a BASIC legal right, is absolutely unfathomable and completely unAmerican...

Status as of March 19, 2007

Mon, 19 Mar 2007 00:00:00 EDT

3/19/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Status as of March 8, 2007

Thu, 08 Mar 2007 00:00:00 EST

3/8/2007: Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.