"The test for determining the scope of this provision must not be subject to manipulation by those whose power it is designed to restrain."
June 12, 2008 2:54 PM Subscribe
In a five-to-four decision, the Supreme Court ruled today that detainees at Guantanamo Bay have a constitutional right to habeas corpus review:
Security depends upon a sophisticated intelligence apparatus and the ability of our Armed Forces to act and to interdict. There are further considerations, however. Security subsists, too, in fidelity to freedom’s first principles. Chief among these are freedom from arbitrary and unlawful restraint and the personal liberty that is secured by adherence to the separation of powers.[...] Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law. The Framers decided that habeas corpus, a right of first importance, must be a part of that framework, a part of that law.Decision, Summary, Analysis
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