An Important Constitutional Lesson

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Michael Boldin and Jason Rink are joined by Rob Natelson for a special lesson on writ of habeas corpus.

Before Rob get on the air, Rink and Boldin talk about some of the basics of liberty and how throwing money at the welfare problem has neither reduced poverty nor made the poor self-sufficient. Since yesterday was “tax day” they also talk about a classic article written by Harry Browne nearly 10 years ago – Freedom from the Income Tax.

When asked about the Founders’ view on Writ of Habeas Corpus, Rob Natelson answered, “The Founders thought the Writ was very important. They have used it themselves with their struggle against the Crown for example.  However, there was also a recognition that a power to declare war, the legislature could suspend the Writ of Habeas Corpus.  The legislature could make the decision that generals in the field or the commander in chief could lock people up for the duration without those people to go to court.”

He continued, “Because it was an incident in the right to declare war, Congress as the entity that would declare war under the Constitution had the right to suspend the writ. However in Article I: Section 9 under the Constitution, the Founders said that it could only be suspended under certain circumstances in case of insurrection or invasion when the public safety requires it.”