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Habeas Corpse
Andrew Sullivan links to a fantastic piece by Keith Olbermann on the death of habeas corpus and more. The good news is, the Third Amendment -- prohibiting soldiers from turning your house into their Bed & Breakfast -- still stands.

Posted by aalkon at October 16, 2006 12:25 PM

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There are many problems with the incorporation of the Bill of Rights on the local level. Courts have maintained wholly-inconsistent views on whether Federal restrictions on government - the real job of the Constitution - apply to local or state governments. In short, it is entirely possible that some political animal will insist that the state's National Guard isn't Federal, so the Third doesn't apply - despite the plain fact that the fence at the armory says "US Government Property" all over it (the NG has been federal for over 100 years). And of course there are local and state police, more militarized all the time; you'd be surprised how many machine guns your police have.

Think the Third applies? What happened to the 4th?

Posted by: Radwaste at October 16, 2006 2:19 AM

Keith who?

Posted by: Tristan at October 17, 2006 7:43 AM

TV only gets Fox, huh, Tristan? Keith Olbermann is one of the smarter, more literate, more articulate people in television. He should've had Katie Couric's new job.

Posted by: Amy Alkon at October 17, 2006 9:50 AM

It's tempting to riducule that comment, but we're talking about the evening news in 2006. The stakes are just too fucking low.

Posted by: Crid at October 17, 2006 4:26 PM

the national guard is only a federal force when activated by the federal government under title 10, otherwise it belongs to the state is operates under title 32, and belongs to the governor of the state.

Posted by: g*mart at October 18, 2006 3:19 AM

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