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Since when has the attorney general been able to interpret the Constitution?  Speaking before the Senate Judiciary Committee, Alberto Gonzales simply claimed that the right of habeas corpus could be taken from Americans at any time.   Gonzales later claimed that “there is no express grant of habeas in the Constitution.”  Clearly, the government has already shown its disregard for the Constitution.  Directly defying and interpreting it, however, is a whole other matter.  Interpretation of the Constitution is part of the jurisdiction of the judicial system.  1803’s Marbury v. Madison established the concept of judicial review.  The Supreme Court (and thereby only the judicial branch of government) had the right to interpret the Constitution.   The Bush Administration has shown its willingness to bend Constitutional precepts with such programs as the recent NSA wiretapping and illegal imprisonments.  The new Democratic Congress won’t stand for the same sorts of Constitutional abuses that the administration has been allowed to commit during the reign of the Republican Congress. Committee chair Arlen Specter (R-PA) got into a lengthy argument with Gonzales over the matter, arguing that the “Constitution says you can’t take [habeas corpus] away except in the case of invasion or rebellion.”  Gonzales retorted with an almost unlawful claim, claiming that

“Constitution doesn’t say that every individual in the United States or every citizen has or is assured the right of habeas corpus. It doesn’t say that. It simply says that the right of habeas corpus shall not be suspended”

The remainder of Gonzales’ testimony can be seenbelow.   It’s simply astonishing that such grave violations of the Constitutional rights of Americans are being abridged by the very same authority entrusted with the task of protecting them.  The Constitution is more than a guideline; it’s the rulebook for governance.  Unfortunately, the Bush Administration doesn’t think so. 

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The “[The Constitution] doesn’t say…every individual is assured the right to habeas.” by New School Politics, unless otherwise expressly stated, is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.