An open letter to the U.S. Congress

Preserve habeas corpus - uphold checks and balances

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The Constitution clearly outlines that the writ of habeas corpus can only be suspended in cases of rebellion or invasion where public safety requires it. However, there is no credible evidence of an invasion occurring that would justify such an extreme measure. Suspending habeas corpus would strip courts of the ability to review detentions, concentrating immense power in the executive branch unchecked. This threatens fundamental principles of due process, checks and balances, and human rights protections that are integral to American democracy. Habeas corpus has only been suspended four times in U.S. history during legitimate crises like the Civil War and situations of localized rebellion. The current administration's rhetoric about suspending this constitutional protection over fabricated claims of gang violence does not meet the legal criteria. Preserving habeas corpus ensures all people have access to fair court proceedings to challenge unlawful detention, a vital safeguard against wrongful imprisonment or deportation without due process. Stripping this right would be an unacceptable overreach of executive authority. Defending habeas corpus upholds judicial independence and prevents any branch from accumulating unchecked power over citizens' liberty. Congress must take action to formally rebuke any attempt to suspend this bedrock legal principle over pretense, reaffirming its role as a co-equal check on the executive. Maintaining this crucial constitutional protection is essential to upholding human rights and the rule of law.

▶ Created on May 13 by Adam

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