Quote:
Originally posted by Roguish Lawyer
So far, I'm not seeing any reason to change my view that Lincoln is the greatest US President to date.
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Says something for your opinion of individual liberties. A thought expressed by Robert A. Heinlein I believe, and which I strongly believe:
"A nation that cannot defend itself without cohersion is a nation not worth defending"
Ferratus,
Regarding habeas corpus...
First, I have no issue with the treatment of detainees on Gitmo. Terrorists have no rights, they give them up when they take part in terrorism (as do spies and sabatuers). Their choice. In addition, since Gitmo is not American soil, rights granted by the US Constitution and US Courts should not apply.
When it comes to citizens of the United States, and the residents of the same, habeas corpus is an essential part of the protections that the individual has against tyrrany.
To quote:
The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action." Harris v. Nelson, 394 U.S. 286, 290-91 (1969).
Lincoln was quite willing to forget that, invoking arbitrary and lawless state action against the people of the Union as well as lawful action against the people of the Confederacy. His actions fall in the same category as do those of FDR and the relocation camps, except that Lincoln was more cold-hearted about it (cold-hearted is sometimes necessary).
I do not believe that today's actions come anywhere close to those of the Lincoln administration, but the potential is there. Considering the unwillingness of the Administration to throttle the press (as Lincoln, Wilson and FDR all did), I doubt very much that there will ever be a serious problem. Too many eyes, too much noise.