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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.”

When asked how would define an invasion, Natelson answered, “Invasion involves armed incursion.   One could say that the attacks of 9/11 were an invasion.  Although, I don’t think it could justify suspension of the Writ of Habeas Corpus today.”

Natelson was later asked about how does the provisions in the NDAA affect the Writ of Habeas of Corpus.  He answered, “I think it is a serious issue.  I think it is Unconstitutional, and I find it distressing that some members of Congress who like to talk about the Constitution voted for this thing.”

When asked various instances where Habeas Corpus has been suspended, Natelson answered, “Probably the most notorious instance of mass incarceration of American Citizens would be the incarceration of Japanese Americans by the Roosevelt Administration.”

Natelson later explained the problem with perceived threats, “These things generally happen as a perceived threat at the time when the perception seems reasonable to many people.  What we have to understand is that we have Constitutional guarantees to protect us from that type of mass hysteria.   To protect us from ourselves when we want to do things that we shouldn’t be doing.”

Jason Rink
The Philosophy of Liberty: Plunder
Rob Natelson
The Original Constitution: What it Really Said and Meant
NDAA Sections 1021 and 1022: Scary Potential
 Welfare and Private Charity by Tad DeHaven
Freedom from the Income Tax  by Harry Browne
Obama Gets an F on the Constitution by Ron Paul
Virginia Gives Final Approval to NDAA Nullification
Missouri Nullification Bills on House and Senate Floor
Santa Cruz NDAA Resolution
Sound Money Bills Advancing in Missouri and South Carolina
NDAA Nullification up for a Vote in the Arizona House

Tenther 101 – Sunday, April 22
Blake Filippi speaks on the NDAA during Restoring Freedoms event on April 21
Nullify NDAA in Los Angeles on May 3rd

The Tenther Radio Team for this Week
Michael Boldin, Jason Rink, John Michaels, John Lambert – plus guest Rob Natelson

Tenther Radio
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