we need to deal resolutely with terrorism. And we will. But if, in the guise of combating terrorism, we diminish the fundamental civil liberties that Americans have enjoyed for two centuries, then the terrorists will have won. With deep regret, but with a clear conscience, I will vote against the conference report to S. 735 as now presented. Exhibit 1 Emergency Committee To Save Habeas Corpus, May 23, 1995. The President, The White House, Washington, DC. Dear Mr. President: We understand that the Senate may act, as soon as tomorrow, on the habeas corpus provisions in Senator Dole's terrorism legislation. Among these provisions is a requirement that federal courts must defer to state courts incorrectly applying federal constitutional law, unless it can be said that the state ruling was "unreasonable" incorrect. This is a variation of the proposal by the Reagan and Bush administrations to strip the federal courts of the power to enforce the Constitution when the state court's interpretation of it, though clearly wrong, had been issued after a "full and fair adjudication." The Emergency Committee was formed in 1991 to fight this extreme proposal. Our membership consists of both supporters and opponents of the death penalty, Republicans and Democrats, united in the belief that the federal habeas corpus process can be dramatically streamlined without jeopardizing its constitutional core.…
Editor's note · Context
Opposing provisions in terrorism legislation that could undermine civil liberties and habeas corpus rights.
Share
More from Patrick Moynihan
I wholly agree with the statement by our revered chairman of the Finance Committee. The operative part of this measure is two pages. It is a simple statement. It came out from the Finance Committee almost unanimously.
I wonder if I might ask our distinguished leader, he mentioned the Executive Calendar. The Finance Committee has held hearings on six nominees, two tax court judges of some considerable salience, two public trustees of the Social Security…
So states the balance of payments, sir. They come in under our tariffs, which are already nonexistent. We can't get in under theirs. Under this agreement, they have agreed to bring them down to a reasonably low level and to wipe them out…
early this Congress, I introduced S. 224, the Stop Tax-Exempt Arena Debt Issuance Act or STADIA for short. This bill would end a tax subsidy that inures largely to the benefit of wealthy sports franchise owners, by eliminating…





