Gonzales Argues Against Certainty of the Right Of Habeas Corpus

Facts matter: Sign up for the free Mother Jones Daily newsletter. Support our nonprofit reporting. Subscribe to our print magazine.


Very strict constructionism, in the form of creating backwards syllogisms and thereby violating the spirit of the Constitution, has been a hallmark of the Bush administration conservatives. The latest is this gem from U.S. Attorney General Alberto Gonzales: “There is no expressed grant of habeas in the Constitution; there’s a prohibition against taking it away.”

Gonzales uttered these words yesterday during a Senate Judiciary Committee hearing. Committee chairman Arlen Specter then asked the Attorney General: “The Constitution says you can’t take it away except in case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus unless there’s a rebellion or invasion?”

Gonzales: “The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended” (except in cases of rebellion or invasion).

Robert Parry, writing for Consortiumnews.com, asks a logical question: If Americans do not possess the right of habeas corpus because that right is presented via its negative, then what about other rights that are presented the same way? He uses the First Amendment as an example.

Perry also goes on to cite the Sixth Amendment, which presents habeas corpus as a right in a positive syntax, thereby nullifying Gonzales’s strange logic.

(Thanks to Project for the OLD American Century for this lead, and POAC, by the way, could use some help.)

THE END...

of our annual funding cycle is fast approaching, on June 30, and we have a considerable $230,000-plus gap in our online fundraising budget.

If you value the nonprofit journalism you get from Mother Jones, and you can, right now is an important time to help us keep charging hard with a much-needed and much-appreciated donation.

payment methods

THE END...

of our annual funding cycle is fast approaching, on June 30, and we have a considerable $230,000-plus gap in our online fundraising budget.

If you value the nonprofit journalism you get from Mother Jones, and you can, right now is an important time to help us keep charging hard with a much-needed and much-appreciated donation.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate