In 1866, the Supreme Court overturned Lincoln’s wartime suspension of habeas corpus. In that ruling, Justice David Davis wrote:The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false, for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence, as has been happily proved by the result of the great effort to throw off its just authority. (Milligan, 71 U.S. 2 (1866))
Dave Lindorff in Counterpunch comments, Those stirring words should be mailed to every member of Congress as they now consider the Supreme Court's Hamdan ruling, with many Republicans clamoring to pass a law exempting the Guantanamo detainees from the Geneva Convention's jurisdiction.
