Blackstone, Jefferson, Padilla

[orthogonal]

That venerable historian of Common Law, Blackstone, cites the first recorded usage of habeas corpus in 1305, during the reign of King Edward I of England.

Habeas corpus, of course is that foundation of liberty that requires the King -- or later, the state -- to produce a person imprisoned and justify the legality of his imprisonment. Note that it has nothing to do with guilt or innocence -- it's a check on the State's power to imprison without due process of law.

In this country, that same principle is upheld by the Fifth Amendment to our Constitution, which from time to time it seems advisable to quote in full:

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Except for Abraham Lincoln's illegal suspension of habeas corpus during the Civil War, in direct defiance of the Supreme Court, the principle had always applied in this country -- until two years ago.

Then, in 2002, John Ashcroft arrested American citizen Jose Padilla in Chicago, and has since held Mr. Padilla incommunicado, with access to Counsel or Due Process of law, effectively suspending habeas corpus and flouting 700 years of legal tradition as well as our Constitution.

This threatens the very basis of our traditional American liberties -- it sets a precedent that any American can be snatched off the streets by a government that claims absolutist powers to do so without explanation or recourse.

Our country was founded by men who revolted against another George for such monarchical usurpations; if we claim the heritage of those Patriots, our course is clear: we must set ourselves against this George and once again declare with those Founding Fathers that the end, the purpose of government is to secure our unalienable Rights and "whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it."

Thankfully, we can -- for the moment -- still do that altering through the ballot box. If we are to call ourselves Americans and Patriots, if we are to claim to be the heirs of Washington and Jefferson and Adams, our duty is clear: to vote George W. Bush out of office.