The quote in question by the Attorney General arose during a debate with
Arlen Specter. Specter's position was that the Constitution granted habeas
corpus and questioned the constitutionality of the 2005 law by Congress
that suspended the right of habeas corpus for the detainees at Guantánamo
Bay, after the Supreme Court's  Rasul decision seemed to affirm that the
detainees did have the right of habeas corpus, to which Gonzales commented.

"There is no express grant of habeas in the Constitution. There's a
prohibition against taking it away."

Specter responded " Wait a minute. Wait a minute. The Constitution says you
can't take it away except in case of rebellion or invasion. Doesn't that
mean you have the right of habeas corpus unless there's an invasion or
rebellion? . . . You may be treading on your interdiction and common sense,
Mr. Attorney General." 
 Gonzalez's position was based upon an interpretation that the Constitution
only prohibits a suspension of habeas corpus if it has been previously
granted by Congress. At the heart of the dispute is the issue whether
constitutional protections extend to the alien combatants at Guantánamo Bay.

Richard E. Dixon
Editor, Jefferson Notes 
Thomas Jefferson Heritage Society
703-691-0770
fax 703-691-0978
fax 703-691-0978


> [Original Message]
> From: David Kiracofe <[log in to unmask]>
> To: <[log in to unmask]>
> Date: 2/23/2007 6:26:48 PM
> Subject: Re: [VA-HIST] The Constitution
>
> I doubt your quote from the Attorney General is accurate.  Do you have 
> a 
> cite?
>
> I don't have a citation, but this quotation is accurate; AG Gonzales
> said that the Constitution does not grant a positive right to habeas
> corpus.   An example of "strict construction" taken to the ludicrous
> extreme!
>
> David Kiracofe
> History
> Tidewater Community College
> Chesapeake Campus
> 1428 Cedar Road
> Chesapeake, Virginia 23322
> 757-822-5136
>
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