Future generations will look back to examine the choices we made during a time when security was too often invoked as a watchword to convince us to slacken our defense of liberty and the rule of law. The great writ of habeas corpus is the legal process that guarantees an opportunity to go to court and challenge the abuse of power by the Government. It is enshrined in the Constitution. and as stalwart a Republican conservative as Justice Antonin Scalia has recently referred to it as "the very core of liberty secured by our AngloSaxon system of separation of powers." The Military Commissions Act rolled back these protections by eliminating that right permanently for any noncitizen labeled an enemy combatant. In fact. a detainee does not have to be found to be an enemy combatant. it is enough for the Government to pick up someone. hold that person with no charges. and say: They are awaiting determination. When we make up our mind this year. or next year. or 10 years from now. then we may label them an enemy combatant.
Keywords matched
noncitizen