Rhode Island Proposes Resolution Barring Indefinite Detention, page
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Topic started on 15-1-2012 @ 11:33 PM by Daedal
Rep Daniel P. Gordon jr. has drafted a resolution , which is circulating amongst collegues to express opposition to the sections of the NDAA “that suspend habeas corpus and civil liberties.” Specifically sections 1021 and 1022.

Source
“Given the fact that the constitutions of Rhode Island and that of the United States are replete with guarantees of individual liberties, right to habeas corpus, and right to freedom of speech, the offending sections of that law are repugnant to the sensibilities of anyone that has a basic understanding of the foundation of this country,” he said.


This is a very important precedent being taken by Rhode Island, and hopefully all States will follow suite. There is a SCOTUS decision in Ex-parte Milligan which highlight's the Constitution and habeas corpus being upheld by States to fend off detainment of citizens, and military tribunals. It is important for States to do this to protect their citizens.

Source
The Supreme Court decided that the suspension of habeas corpus was lawful, but military tribunals did not apply to citizens in states that had upheld the authority of the Constitution and where civilian courts were still operating. In essence, the Court ruled that military tribunals could not try civilians in areas where civil courts were open, even when the military had been authorized to detain individuals without trial.
edit on 15-1-2012 by Daedal because: Edit

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