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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.
 

Thursday, March 13, 2003

INSTAPUNDIT comments on the Padilla case. I agree with him as to Padilla's circumstances, but I don't agree with the principle he uses to decide the matter. It is not that the Federal government should never be able to hold its citizens incommunicado, but that, however necessary circumstances -- such as war -- might make it, it can happen only after Congress has passed an act suspending the privilege of the writ of habeas corpus. This power belongs to Congress, not the President; since Congress has passed no such act, all the protections of due process still apply to Padilla.

-- posted by Clayton 3/13/2003 03:49:00 PM


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