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You might however consider whether you should not unfold as a background the great privilege of habeas corpus and trial by jury, which are the supreme protection invented by the English people for ordinary individuals against the state. The power of the Executive to cast a man in prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers is in the highest degree odious and is the foundation of all totalitarian government, whether Nazi or Communist.
--
In a telegram (November 21, 1942) by Churchill from Cairo, Egypt to Home Secretary Herbert Morrison; cited in In the Highest Degree Odious (1992), Simpson, Clarendon Press, p. 391 ISBN 0198257759

 

Winston Churchill

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This week, [John McCain] strayed perilously close to being indicted for the deadly sin of flip-flopping, which famously helped doom John Kerry's presidential bid in 2004. [His] excoriation of the Supreme Court [ruling that habeas corpus applies to Guantánamo detainees] seemed like overkill, given the limited nature of the judgment, and doubly odd given that Mr McCain supports the immediate closure of the prison camp and the transfer of its prisoners to the mainland. That would give them far greater protection than anything the court has done.

 

John McCain

 

The provision of the Constitution that "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" is equivalent to a provision—is a provision—that such privilege may be suspended when, in cases of rebellion or invasion, the public safety does require it. It was decided that we have a case of rebellion and that the public safety does require the qualified suspension of the privilege of the writ which was authorized to be made. Now it is insisted that Congress, and not the Executive, is vested with this power; but the Constitution itself is silent as to which or who is to exercise the power; and as the provision was plainly made for a dangerous emergency, it can not be believed the framers of the instrument intended that in every case the danger should run its course until Congress could be called together, the very assembling of which might be prevented, as was intended in this case, by the rebellion.

 

Abraham Lincoln

 

In the last few years, we have seen the executive branch declare itself outside the law — in prosecuting a war on terror. The law against torture has been suspended. The balance between the executive and legislative branch has been dismissed by signing statements and the theory of the unitary executive. The executive has declared its right to suspend habeas corpus indefinitely, to tap anyone's phones without court warrants and to detain and torture anyone it decides is an "enemy combatant." In that sense, we have already left the realm of constitutional government in favor of a protectorate outside the law promising to keep us safe (but never from itself).
But this new move to create a de facto dictator for the financial markets, to invest a Treasury secretary with unprecedented powers to buy and sell at close to a trillion dollar level — with no oversight or accountability: this is a new collapse in democratic life and constitutional norms.

 

Andrew Sullivan

 

[I] believe that our people’s traditional belief in the right of trial by jury is in perilous decline. That decline is bound to be confirmed, and indeed accelerated, by the repeated spectacle of a man’s going to his death because a judge found that an aggravating factor existed. We cannot preserve our veneration for the protection of the jury in criminal cases if we render ourselves callous to the need for that protection by regularly imposing the death penalty without it.

 

Antonin Scalia

 

Making this crowd happy is the second easiest job you could ever have. First easiest...whoever gets to put Michael Jackson in a witness chair and create "reasonable doubt." How hard can that be? I don't even have a law degree and I think I could get Michael Jackson, y'know? I would just go, "Ladies and gentlemen of the jury... there he is! That's all I have. Y'all get a good look at my boy? See if you think he's capable of anything out of the ordinary. There he is." But it's a tough thing to prosecute Michael Jackson, y'know? Because everyone's entitled to a jury of their peers! You could run the vacuum up and down the gene pool 24/7 without suckin' up this much of whatever that has become. He has no peers. He's peerless. So why am I pickin' on poor little mutated Michael Jackson? Because Michael Jackson is a cautionary tale for the rest of us, folks. Michael Jackson is what happens when you keep fixin' it until it's broke!

 

Richard Jeni