It's so simple, I don't see how any of us could have missed it! The constitution doesn't grant habeas corpus after all. See, article 1 section 9 says: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." But wait, it doesn't say that we *have* the right to habeas; it just says that *if* we had that right, the government couldn't take it away. Here, let Gonzales explain: “The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended...”
via TNR via unfogged
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