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Originally Posted by dksuddeth
this is an all too common fallacy that needs to be put to bed once and for all. The constitution does not grant rights. It protects the rights of individuals by placing limitations and restrictions on the powers of the government. That means that even non-americans have rights in this country.
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I'm not sure I'd agree with that as a general statement, but it's certainly true as regards habeas corpus.
To be more specific in this case... USC Section 9 Clause 2 reads: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." That's the only place habeas corpus is mentioned in the Constitution.
Lincoln suspended habeas corpus during the Civil War. It was also suspended very specifically for Americans of Japanese descent during World War II (and only restored in the early '90s, adding long-standing insult to injury).
The implication (and certainly the interpretation that the Court has held) is that habeas corpus is a privilege given all people subject to US law, whether or not they're citizens.
FOR THE RECORD: It's dangerous to wander into an area where I've done my research!
