Win / GreatAwakening
GreatAwakening
Sign In
DEFAULT COMMUNITIES All General AskWin Funny Technology Animals Sports Gaming DIY Health Positive Privacy
Reason: None provided.

Yes, you are correct. I removed that sentence,

I read the first paragraph in the link I provided and interpreted it to say the Writ prevented the government (or its military being that Lincoln was the CIC) from growing out of control and becoming a engine to confine and jail persons, thus limiting military intervention on American soil.

"Alexander Hamilton, writing in Federalist 84, approvingly quotes Blackstone that habeas corpus is the “ bulwark of the British constitution,” in that it prevents the “dangerous engine of arbitrary government” that comes from “confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten.”

However, I mentioned later in the post if Trump signed the Insurrection Act:

The Insurrection Act

"If the president truly wants to deploy U.S. soldiers to “dominate the streets” in cities around the country as he threatened in his June 1 remarks, he will need to go beyond the authorities discussed above and invoke perhaps the most significant exception to posse comitatus restrictions on the books: the Insurrection Act."

Originally enacted in 1807 and modeled on similar statutes dating back to the beginning of the republic, the Insurrection Act—which is now codified as amended at 10 U.S.C. Ch. 13—operationalizes the authority “[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions” provided to Congress by the Constitution’s Militia Clauses. Specifically, it authorizes the president to deploy both active-duty military and federalized National Guard members to address situations of civil unrest in the country, provided that certain conditions are met."

https://www.lawfareblog.com/can-trump-use-insurrection-act-deploy-troops-american-streets

The article says there are conditions that must be met:

"The president cannot invoke the Insurrection Act secretly or ambiguously. Before doing so, he is required to make a public proclamation directing “the insurgents to disperse and retire peaceably to their abodes within a limited time,”

President Trump tells rioters at Capitol to 'go home'

https://www.cnn.com/videos/politics/2021/01/06/donald-trump-go-home-message-rioters-jake-tapper-vpx.cnn


In essence, all of the conditions for suspending the Writ of Habeas Corpus, posse comitatus and invoking the Insurrection Act have been met.

358 days ago
3 score
Reason: Original

Yes, you are correct. I read the first paragraph in the link I provided and interpreted it to say the Writ prevented the government (or its military being that Lincoln was the CIC) from growing out of control and becoming a engine to confine and jail persons, thus limiting military intervention on American soil.

"Alexander Hamilton, writing in Federalist 84, approvingly quotes Blackstone that habeas corpus is the “ bulwark of the British constitution,” in that it prevents the “dangerous engine of arbitrary government” that comes from “confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten.”

However, I mentioned later in the post if Trump signed the Insurrection Act:

The Insurrection Act

"If the president truly wants to deploy U.S. soldiers to “dominate the streets” in cities around the country as he threatened in his June 1 remarks, he will need to go beyond the authorities discussed above and invoke perhaps the most significant exception to posse comitatus restrictions on the books: the Insurrection Act."

Originally enacted in 1807 and modeled on similar statutes dating back to the beginning of the republic, the Insurrection Act—which is now codified as amended at 10 U.S.C. Ch. 13—operationalizes the authority “[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions” provided to Congress by the Constitution’s Militia Clauses. Specifically, it authorizes the president to deploy both active-duty military and federalized National Guard members to address situations of civil unrest in the country, provided that certain conditions are met."

https://www.lawfareblog.com/can-trump-use-insurrection-act-deploy-troops-american-streets

The article says there are conditions that must be met:

"The president cannot invoke the Insurrection Act secretly or ambiguously. Before doing so, he is required to make a public proclamation directing “the insurgents to disperse and retire peaceably to their abodes within a limited time,”

President Trump tells rioters at Capitol to 'go home'

https://www.cnn.com/videos/politics/2021/01/06/donald-trump-go-home-message-rioters-jake-tapper-vpx.cnn


In essence, all of the conditions for suspending the Writ of Habeas Corpus, posse comitatus and invoking the Insurrection Act have been met.

358 days ago
1 score