No Habeas Corpus in Iraq

Jacob Hornberger writes:

The U.S. government’s arrest and indefinite incarceration of tens of thousands of Iraqis shows why the Framers included the right of habeas corpus in the Constitution — because of their belief that in the absence of constitutional restraints, including habeas corpus, federal officials would be doing to Americans what they’re doing to Iraqis.

In an era in which U.S. officials are increasingly ignoring constitutional constraints, including the declaration of war requirement, the due process of law guarantee, the protection from warrantless searches and seizures, and the prohibition against cruel and unusual punishments, Americans would be wise to ponder why the Framers used the Constitution, including habeas corpus, to protect them from the enormous threat to their rights and freedoms posed by the federal government.

No Habeas Corpus in Iraq