Political Quotes

On the recordJanuary 19, 1999
I introduce this bill to repeal an unprecedented provision--unprecedented until the 104th Congress--to tamper with the constitutional protection of habeas corpus. The provision reads: (d) An application for writ of habeas corpus on behalf of a person in custody pursuant to the judgment of State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim-- (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. In 1996 we enacted a statute which holds that constitutional protections do not exist unless they have been unreasonably violated, an idea that would have confounded the framers. Thus, we introduced a virus that will surely spread throughout our system of laws. Article I, section 9, clause 2 of the Constitution stipulates, ``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.''
Said by
Patrick Moynihan
Illinois

Editor's note · Context

Discussing a bill to repeal a provision affecting habeas corpus protections.

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