In discussing habeas corpus (United States Constitution, article I, section
9) Pound focuses on the word "invasion" -- and understands it to refer to
situations where the country must defend itself from military attack, not
where the country is invading another.  That the courts have construed the
term "invasion" very broadly and loosely is precisely the kind of thing
Pound was against.  And of course there are places on earth where one can be
imprisoned for one's political views. The US of A is one of them....if one
happens to express one's views at inopportune times.

Tim Romano

Jonathan Morse wrote:

> At 08:00 AM 6/1/00 -0400, Tim Romano wrote:
>
> >Where on earth is it a
> >crime, punishable by imprisonment or death, to express (deluded)
political
> >opinions?  Why are free men expected to give up their constitutionally
> >guaranteed freedoms when the nation prepares for war?
>
> Answer to question 1: Not quite everywhere on earth, but there are places
> -- Confucian and Communist China being two of them. If Pound's side had
won
> World War II, the area of the imprisonment zones would now be larger.
>
> Answer to question 2: United States Constitution, article I, section 9:
> "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."
At
>
> http://www.britannica.com/bcom/eb/article/9/0,5716,53479+1+52173,00.html
>
> you can find a discussion of _Ex parte Merryman_, a decision concerning
> President Lincoln's suspension of habeas corpus. As the encyclopedia
> article notes, it hasn't conclusively been decided who has the power to
> suspend habeas corpus -- the President or, on the other hand, the
Congress.
> However, the courts have always understood that, yes, free men actually
can
> be expected to give up their constitutionally guaranteed freedoms when the
> nation prepares for war.
>
> Perhaps the current thread could be cut shorter if we refrained from
asking
> rhetorical questions -- or at least tried to answer them for ourselves
> before asking the list.
>
> Jonathan Morse
>
>