A Quote by Prashant Bhushan
I first met Mr Tarkunde in 1976 during the Emergency, when Civil Liberties had been extinguished and the Habeas Corpus case was being heard by the Supreme Court, which would decide whether one could even approach the courts against illegal detention by the State, during the Emergency.
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With the passing away of Mr Tarkunde, India has lost the father of the Civil Liberties movement in the country.
Why suspend the habeas corpus in insurrections and rebellions? Examine the history of England. See how few of the cases of the suspension of the habeas corpus law have been worthy of that suspension. They have been either real treasons, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.
I respect the courts, but the Supreme Court is only that - the supreme of the courts. It is not the supreme being. It cannot overrule God. When it comes to prayer, when it comes to life, and when it comes to the sanctity of marriage, the court cannot change what God has created.
In our country, [habeas corpus ] means that if you've been sentenced and convicted in a state court, either to death or to some other kind of sentence, you have the right to petition a federal court to review what happened to you. And until [Bill] Clinton, you had three, four, five, even more years I collect records of people who have been on death row for eight, 10, 12, 14 years - this is before Clinton - who finally got a decent lawyer, usually a pro bono lawyer, and an investigator, and were able to find out - they - they're but approved that they're - that they were innocent.
The counsel to have a year's supply of basic food, clothing, and commodities was given fifty years ago and has been repeated many times since. Every father and mother are the family's store keepers. They should store whatever their own family would like to have in the case of an emergency...store a year's supply...that might keep us form starving in case of emergency.
I'm always on the road, and I drive rental cars. Sometimes I don't know what's going on with the car, and I'll drive for ten miles with the emergency brake on. That doesn't say a lot for me, but it doesn't say a lot for the emergency brake. What kind of emergency is this? I need to not stop now. It's not really an emergency brake, it's an emergency make-the-car-smell-funny lever.
If the federal constitution is to be construed so far in connection with the state constitutions, as to leave the trial by jury in civil causes, for instance, secured; on the same principles it would have left the trial by jury in criminal causes, the benefits of the writ of habeas corpus, etc. secured; they all stand on the same footing; they are the common rights of Americans, and have been recognized by the state constitutions.
One thing that does seem to me to be fairly consistent is that presidents who restrict civil liberties, even in wartime, are usually judged harshly for it. So most people agree that one of the worst stains on the reputation of FDR, who is widely considered a great president, is the internment of Japanese Americans during World War II. Likewise, Lincoln is judged harshly for the suspension of habeas corpus.
Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency.
Today, it's not the same playing field as when I first became a lawyer in 1977, where the government had been restricted by our wonderful Supreme Court Justice Earl Warren's court rulings. Now it's all going the other way, the flow is against the defendant, against anything that could really help a client. But you still fight it, you do what you can do. It's all there is.
In this country, you never pull the emergency brake, even when there is an emergency. It is imperative that the trains run on schedule.
Even the Supreme Court, back when it used to makes sense, the Supreme Court has never ruled that a baby born to illegal aliens in the US is automatically a citizen.
The State Department has been your beat for so long. It has always smelled like Bob Corker was the in case of emergency, the easy guy.
What the world needs is an Emergency Boss. An Emergency Czar. An Emergency Commander. A true Master Of Disaster. One person completely responsible for the anticipation, immediate reconnaissance, and urgent execution of rescue and relief efforts around the world.
The Justices are currently considering a case, argued last month, which seeks to extend the writ of habeas corpus to al Qaeda and Taliban detainees at Guantanamo.
I first met Dr. King in 1954 when I was a student at Alabama State University and a member of a local church down there. He was in town to organize a rally against public transportation. Rosa Parks had been arrested for refusing to give up her seat to a white man, which was illegal back then.
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