Sunday, January 9, 2011

Obama, the tooth fairy...

Obama, the tooth fairy...

Some say: ‘an eye for an eye, and tooth for tooth’, but this is what happens when you have no acceptable dental coverage, can’t be seen by a reputable dentist on a Sunday living in Georgia, a local emergency room visit is a 3 hour wait for antibiotics with a referral to an indigent/non-profit clinic with a waiting list over 3 months long....


all because you saved some hostage journalists in Iraq years ago (as the media lied to the public, saying that these hostages were released by their captors without conflict) because you disobeyed an order to bring the hostages out alive by killing their captors in the process of the rescue: resulting in discharge from the military without treatment for PTSD or access to the V.A. hospital or services, though making roughly $40,000 per year, but being incarcerated 4-5 months every year for the past 7 years/not receiving adequate dental care in the GA prison system (maybe if they were sued for violating Habeas corpus they would stop misappropriating and stop being so corrupt) with no treatment for PTSD, for having several DUI’s for self medicating the dopamine deficiency caused by PTSD.

AND LET'S NOT TALK ABOUT AGENT ORANGE AND THE V.A. HERE IN GA... we'll save that for another email, unless MSNBC has the huevos to cover that, which they don't, because they're stuck up Obama's behind.

If you care about your freedom and health, tell Obama:
Thomson prison IS NOT low cost insurance or universal care and ask Rangel to resign.
-RESIST TYRANNY!-
-Please contact your local Congressman or Representative and have them repeal H.R. 4872 and replace it with proposed legislation.-



Kudzu: a remedy for hangover and possible treatment for alcoholism
Spirulina: blue green algae, a nutritional supplement used to naturally treat dopamine deficiencyIn 2002, the Society on Alcoholism demonstrated Kudzu as the most promising herb in their symposium, Herbal Remedies for Alcoholism: Promises and Possible Pitfalls.
Kudzu has been used traditionally for thousands of years to treat alcohol abuse. It has recently grown in interest, with some controversy over it’s isoflavone concentration and the method of preparation of it’s biologically active constituents.
Many doctors, pharmacists and even herbalists are unaware of kudzu’s actual active ingredients and the concentration required to reduce cravings effectively. The research within the last ten years has confirmed kudzu’s ancient use to treat alcoholism yet debate remains on what form of kudzu is most appropriate to help you.
Pure or Crude Kudzu?

Research has been misleading. A Harvard study indicates standardized pure kudzuextract at 30-40% as it’s most effective isoflavone concentration to reduce 50% of cravings in just one week in a laboratory drinking setting ( Lukas SE., 2005).


WHAT IS SPIRULINA ALGAE (Spirulina Arthrospira)?

Spirulina Arthrospira is a planktonic blue-green algae (Cyanobacteria) found in warm water alkaline volcanic lakes and is rich in raw protein and seven major vitamins: A1, B1, B2, B6, B12 (one of the best natural sources for B12, although the bioavailability its B12 is in dispute by many researchers), C and E. It naturally contains beta-carotene, color enhancing pigments, and whole range of minerals. In addition, Spirulina has a 62% amino acid content and contains all essential fatty acids and eight amino acids required for complete nutrition. Evidence as recent as late 2007 shows even more proof as to the profound anti-oxidant properties of Spirulina.

The primary species of Spirulina are Arthrospira platensis and Arthrospira maxima.
Another species is Spirulina fusiformis; it is a freshwater algae as opposed to Marine/Saltwater species of the commonly harvested/aquacultured species noted earlier. It used t be classified as Spirulina platensis. Arthrospira fusiformis is capable of a great deal of polymorphism, it changes its shape, color and other charastistics in adapting to its environment. This freshwater species thrives in waters that are loaded with various minerals such as sodium, magnesium, carbonates, sulfates and chlorides. It does notusually thrive in water which is suitable for watering crops, drinking or raising fish.
Most commercial Spirulina used for human and fish food consumption primarily is grown in the USA, Thailand, India and China.

Spirulina is different from other algae and is similar to bacteria in many ways, occupying a niche between plants and bacteria. Spirulina is similar to cyanobacteria in structure (spiral shape, unlike true plant plankton), which can be toxic. Spirulina Blue- Green algae are recognized by the body (fish in particular) as a bacterium, causing an increase in antibodies, which in turn increases disease resistance. Spirulina is not Chlorella (the blue-green algae harvested from Klamath Lake, Oregon). Chlorella is a green micro-algae and does not have the same anti-viral, anti-cancer and immune stimulating properties of Spirulina. The Chlorella cell wall is made of indigestible cellulose, just like green grass, while the cell wall of Spirulina is made of complexed proteins and sugars.

Spirulina has a soft cell wall made of complex sugars and protein, and is different from most other algae in that it is more easily digested. Spirulina is also high in usable or digestible amino acids (the building blocks of proteins); proteins from cereal and soy are not as digestible by fish as the amino acids found in spirulina. Spirulina provides all the required amino acids, and in a form that is five times easier to digest than meat or soy protein.
An analogy used at a pet food seminar I attended was this: You can achieve the protein analysis on many pet foods with a used pair of leather shoes, but leather shoes contain little usable proteins.


*
AQUATIC HEALTH BENEFITS:

Minerals:
Besides the above mentioned high protein content and digestibility, Spirulina come from waters with minerals deposited from ancient soils and mountains that no other plants can live there. Due to the fact that Spirulina thrives in such alkaline waters, it incorporates and synthesizes many minerals and derivative compounds into its cell structure.
Transformed into natural organic forms by Spirulina (Arthrospira), minerals become chelated with amino acids and are therefore more easily assimilated by the body. Fish can ingest high amounts of added inorganic minerals (most fish foods are low in natural calcium and need added calcium to meet requirements) without benefit to health because the fish (or other aquatic organism such as shrimp) body does not know what to do with these incompatible forms. In fact, evidence is accumulating that the inorganic minerals can block absorption of the organic forms, leading ultimately to mineral deficiency diseases (see this human study: Dietary calcium better )


Spirulina Algae’s most profound Benefit; It Improves Immune Function:
Spirulina provides phycocyanin, a source of biliverdin which is among the most potent of all intra-cellular antioxidants. Spirulina is a powerful tonic for the immune system. In scientific studies of mice, hamsters, chickens, turkeys, cats and fish, Spirulina consistently improves immune system function.

An animal (fish for our purposes) produces unconjugated biliverdin, a yellow colored breakdown product of normal heme catabolism, formed by failing red blood cells. Heme (also called Haem in the UK) is composed of iron plus amino acids from globin of hemoglobin. Erythrocytes which have a 120 day life span transport oxygen and carbon dioxide between the lungs and all the tissues of the body (a circulating erythrocyte is little more than a container for hemoglobin) are broken down utilizing these Heme via the tetrapyrrole; biliverdin, which is then converted to bilirubin and carried to the liver by the plasma protein.

Bilirubin is excreted in bile, and its levels are elevated in certain diseases and is then transported into the cytoplasm of every cell in the body of the animal (fish). As stated earlier, an enzyme called biliverdin reductase, converts the biliverdin to unconjugated bilirubin. The bilirubin quickly oxidizes back into biliverdin, and just as quickly biliverdin reductase recycles it back again into bilirubin.
This form of bilirubin, (similar to the bilin in hemoglobin or bile.), has been shown to be 10,000 times as powerful an antioxidant as is glutathione. The unconjugated bilirubin is also a powerful inhibitor of NADPH Oxidase (nicotinamide adenine dinucleotide phosphate-oxidase). This enzyme is a major source of Super Oxide in an animal’s body, and is involved in dozens of degenerative processes involved in disease resistance, aging and similar processes in fish and other animals (including humans).
There is now strong evidence that Spirulina supplements the amount of unconjugated biliverdin which the fish or other animals are born with, providing profound protection from oxidative stress.
Scientists also find Spirulina not only stimulates the immune system through before described process, it actually enhances the animal’s body’s ability to generate new blood cells.

THIS REASON ALONE is why Spirulina should be part of EVERY fish’ aquatic diet, INCLUDING carnivores where it should be fed via gut loading of worms, feeder fish, or crickets (which I have done for my clients Arowanas diet).

As well, Spirulina fusiformis has been shown to provideAnitoxidant/Hepatoprotective (Liver function)
In a study VIT University evaluated the hepatoprotective and antioxidant effects of Spirulina fusiformis against acetaminophen-induced hepatotoxicity in mice. For
comparison purpose, results were compared with those for silymarin, a standard hepatoprotective drug. The study clearly demonstrated that Spirulina fusifomis shows hepatoprotective effect through its antioxidant activity on acetaminophen-induced
hepatotoxicity.
See: http://www.iimsam.org/images/Hepatoprotective.pdf

Spirulina aids in building red blood cells and stem cells:

Spirulina is rich in a brilliant blue polypeptide called Phycocyanin. Studies show that Phycocyanin affects the stem cells found in bone marrow. Stem cells are "Grandmother" to both the white blood cells that make up the cellular immune system and red blood cells that oxygenate the body.
“Chinese scientists document Phycocyanin stimulating hematopoiesis, (the creation of blood), emulating the affect of the hormone erythropoetin, (EPO). EPO is produced by healthy kidneys and regulates bone marrow stem cell production of red blood cells. Chinese scientists claim Phycocyanin also regulates production of white blood cells, even when bone marrow stem cells are damaged by toxic chemicals or radiation”
The Effects of Polysaccharide and Phycocyanin from Spirulina platensis variety on Peripheral blood and Hematopoietic system of Bone Marrow in Mice.

Spirulina Anti-Viral and Anti-Cancer abilities:

Calcium-Spirulan is a polymerized sugar molecule unique to Spirulina containing both Sulfur and Calcium (another important element often missing from many aquariums). In studies hamsters treated with this water soluble extract had better recovery rates when infected with what would be a lethal Herpes virus. This works because Calcium-Spirulan does not allow the virus to penetrate the cell membrane to infect the cell. The virus is stuck, unable to replicate. It is eventually eliminated by the body's natural defenses.

Several studies show Spirulina or its extracts can prevent or inhibit cancers in humans, animals, and fish. Some forms of cancer are the result of damaged cell DNA “out of control”, causing uncontrolled cell growth. Cellular biologists have defined a system of special enzymes called Endonuclease which repair damaged DNA to keep cells alive and healthy. When these enzymes are deactivated by oxidation, radiation or toxins, errors in DNA go un-repaired and, cancer may develop. In vitro studies suggest the unique polysaccharides of Spirulina enhance cell nucleus enzyme activity and DNA repair synthesis. This may be why several scientific studies, observing experimental cancers in animals, report high levels of suppression of several important types of cancer.

A study published by the US National Library of Medicine has also demonstrated that Spirulina fusiformis has substantial potential to reverse the pre-cancerous lesions or wounds of the mouth known as leukoplakia.
See: http://www.ncbi.nlm.nih.gov/pubmed/8584455

SPIRULINA ANALYSIS

Here is the general analysis of pure Spirulina Algae:

Protein: 55%- 70%
Carbohydrates: 15% - 25% (an excellent low ratio for fish)
Fats (lipids): 6% - 8%
Minerals: 6 -13%
Fiber: 8% - 10%

Natural Pigment Enhancers:

Phycocyanin (Blue): 14%
Chlorophyll (Green): 1%
Carotenoids (Orange/ Red): 47%

Important Trace Minerals (many of these are essential for proper electrolyte balance and osmotic function):

Calcium (1,315 mg/kg), Iron, Phosphorus (15,400 mg/kg), Iodine, Magnesium, Zinc, Selenium, Copper, Manganese, Chromium, Molybdenum, Sodium, Chloride, Potassium, Germanium, Boron.

Essential Amino Acids:

• ISOLEUCINE (4.130/o): Required for optimal growth, nitrogen equilibrium in the body Used to synthesize other non-essential amino acids.
• LEUCINE (5.8001o): increases muscular energy levels.
• LYSINE (4.000/o): Building block of blood antibodies, strengthens circulatory system and maintains normal growth of cells.
• METHIONINE (2.170/o): Vital lipotropic (fat and lipid metabolizing) amino acid that maintains liver health. An anti-stress factor.
• PHENYLALANINE (3.950/o): Stimulates metabolic rate.
• THREONINE (4.170/o): Improves intestinal competence and digestive assimilation.
• TRYPTOPHANE (1.1301o): Increases utilization of B vitamins, improves nerve health.
• VALINE (6.0001o): Stimulates muscle coordination.




Habeas corpus

From Wikipedia, the free encyclopedia
This article is about the legal term. For other uses, see Habeas corpus (disambiguation).
*
Prerogative writs
Certiorari / Review
Habeas corpus
Mandamus / Mandate (peremptory)
Procedendo
Prohibito / Prohibition
Quo warranto
Philippine-specific
Amparo and Habeas Data
v • d • e


Habeas corpus (literally, "that you have the body [the subject person under detention]") is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.
A writ of habeas corpus is a summons with the force of a court order, addressed to the custodian (a prison official for example) demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has lawful authority to detain the person. If the custodian does not have authority to detain the prisoner, then he must be released from custody. The prisoner, or another person in his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called "habeas corpus"[1]. For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad.
Habeas corpus has certain limitations. It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law then habeas corpus may not be a useful remedy. Furthermore, in many countries, the process may be suspended due to a national emergency.
The right to petition for a writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the liberty of the subject. The jurist Albert Venn Diceywrote that the British Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty".[2]
The writ of habeas corpus is one of what are called the "extraordinary", "common law", or "prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are quo warranto, prohibito, mandamus, procedendo, and certiorari. The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of non-authority. The official who is the respondent has the burden to prove his authority to do or not do something. Failing this, the court must decide for the petitioner, who may be any person, not just an interested party. This differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof.
Contents
[hide]
1 Derivation and form
1.1 Examples
1.2 Similarly named writs
2 Origins in England
3 Other jurisdictions
3.1 Australia
3.2 Canada
3.3 India
3.4 Republic of Ireland
3.5 Malaysia
3.6 New Zealand
3.7 The Philippines
3.8 Poland
3.9 Scotland
3.10 Spain
3.11 United States
3.12 West Bank
4 Notes and references
5 Further reading
6 See also
7 External links


[edit]Derivation and form
Habeas corpus (pronounced /ˌheɪbiːəs ˈkɔrpəs/) is a Latin phrase, which can be literally translated as “(We command) that you have the body”[3]. The writ is referred to in full in legal texts as habeas corpus ad subjiciendum or more rarely ad subjiciendum et recipiendum. It is sometimes described as the “great writ”. Its name derives from the operative words of the writ in Medieval Latin:
Praecipimus tibi quod corpus A.B. in prisona nostra sub custodia tua detentum, ut dicitur, una cum die et causa captionis et detentionis suae, quocumque nomine praedictus A.B. censeatur in eadem, habeas coram nobis ... ad subjiciendum et recipiendum ea quae curia nostra de eo adtunc et ibidem ordinare contigerit in hac parte. Et hoc nullatenus omittatis periculo incumbente. Et habeas ibi hoc breve.
We command you, that the body of A.B. in Our prison under your custody detained, as it is said, together with the day and cause of his taking and detention, by whatsoever name the said A.B. may be known therein, you have at our Court ... to undergo and to receive that which our Court shall then and there consider and order in that behalf. Hereof in no way fail, at your peril. And have you then there this writ.
The word habeas in the writ is not in the indicative mood ("You have ..."), but in the subjunctive (specifically the volitive subjunctive): "We command that you have ...". That the basic form of the writs of habeas corpus, now written in English, has changed little over the centuries can be seen from the following examples.
[edit]Examples
VICTORIA by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to J.K., Keeper of our Gaol of Jersey, in the Island of Jersey, and to J.C. Viscount of said Island, Greeting. We command you that you have the body of C.C.W. detained in our prison under your custody, as it is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called or known, in our Court before us, at Westminster, on the 18th day of January next, to undergo and receive all and singular such matters and things which our said Court shall then and there consider of him in this behalf; and have there then this Writ.
The United States of America, Second Judicial Circuit, Southern District of New York, ss.: We command you that the body of Charles L. Craig, in your custody detained, as it is said, together with the day and cause of his caption and detention, you safely have before Honorable Martin T. Manton, United States Circuit Judge for the Second Judicial Circuit, within the circuit and district aforesaid, to do and receive all and singular those things which the said judge shall then and there consider of him in this behalf; and have you then and there this writ.
[edit]Similarly named writs
The full name of the writ is often used to distinguish it from similar ancient writs, also called habeas corpus. These include
Habeas corpus ad deliberandum et recipiendum: a writ for bringing an accused from a different county into a court in the place where a crime had been committed for purposes of trial, or more literally to return holding the body for purposes of “deliberation and receipt” of a decision.
Habeas corpus ad faciendum et recipiendum (also called habeas corpus cum causa): a writ of a superior court to a custodian to return with the body being held by the order of a lower court "with reasons", for the purpose of “receiving” the decision of the superior court and of “doing” what it ordered.
Habeas corpus ad prosequendum: a writ ordering return with a prisoner for the purpose of “prosecuting” him before the court.
Habeas corpus ad respondendum: a writ ordering return to allow the prisoner to “answer” to new proceedings before the court.
Habeas corpus ad satisfaciendum: a writ ordering return with the body of a prisoner for “satisfaction” or execution of a judgment of the issuing court.
Habeas corpus ad testificandum: a writ ordering return with the body of a prisoner for the purposes of “testifying”.

[edit]Origins in England
The foundations for habeas corpus were established by the Magna Carta of 1215. This charter declared that
No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land.
Blackstone cites the first recorded usage of habeas corpus ad subjiciendum in 1305, during the reign of King Edward I. However, other writs were issued with the same effect as early as the reign of Henry II in the twelfth century. Blackstone explained the basis of the writ, saying "The King is at all times entitled to have an account, why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted." The procedure for issuing a writ of habeas corpus was first codified by the Habeas Corpus Act 1679, following judicial rulings which had restricted the effectiveness of the writ. A previous law (the Habeas Corpus Act 1640) had been passed forty years earlier to overturn a ruling that the command of the King was a sufficient answer to a petition of habeas corpus.
Then, as now, the writ of habeas corpus was issued by a superior court in the name of the Sovereign, and commanded the addressee (a lower court, sheriff, or private subject) to produce the prisoner before the royal courts of law. A habeas corpus petition could be made by the prisoner himself or by a third party on his behalf and, as a result of the Habeas Corpus Acts, could be made regardless of whether the court was in session, by presenting the petition to a judge. Since the eighteenth century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case (1771), where the black slave Somersett was ordered to be freed. In that case these famous words are said to have been uttered "The air of England has long been too pure for a slave, and every man is free who breathes it".[4]
The privilege of habeas corpus has been suspended or restricted several times during English history, most recently during the eighteenth and nineteenth centuries. Although internment without trial has been authorised by statute since that time, for example during the two World Wars and the Troubles in Northern Ireland, the habeas corpus procedure has in modern times always technically remained available to such internees. However, as habeas corpus is only a procedural device to examine the lawfulness of a prisoner's detention, so long as the detention is in accordance with an Act of Parliament, the petition for habeas corpus is unsuccessful. Since the passage of the Human Rights Act 1998, the courts have been able to declare an Act of Parliament to be incompatible with the European Convention on Human Rights, but such a declaration of incompatibility has no legal effect unless and until it is acted upon by the government.
The wording of the writ of habeas corpus implies that the prisoner is brought to the court for the legality of the imprisonment to be examined. However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide the legality of the detention, without any writ being issued. If the detention is held to be unlawful, the prisoner can usually then be released or bailed by order of the court without having to be produced before it. It is also possible for individuals held by the state to petition forjudicial review, and individuals held by non-state entities to apply for an injunction.
[edit]Other jurisdictions
[edit]Australia
The writ of habeas corpus as a procedural remedy is part of Australia's English law inheritance.[5] In 2005, the Australian parliament passed the Australian Anti-Terrorism Act 2005. Some legal experts questioned the constitutionality of the act, due in part to limitations it placed on habeas corpus.[6]
[edit]Canada
Habeas corpus rights are part of the British legal tradition inherited by Canada. The rights exist in the common law but have been enshrined in the Constitution Act 1982, under Section Ten of the Charter of Rights and Freedoms[7]. This states that "Everyone has the right on arrest or detention... (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful."
Suspension of the writ in Canadian history occurred famously during the October Crisis, during which the War Measures Act was invoked by the prime minister, Pierre Trudeau, at the request of the Quebecgovernment. The Act was also used to justify German, Slavic, and Ukrainian Canadian internment during the First World War, and the internment of Japanese Canadians during the Second World War.
The writ is available where there is no other adquate remedy. However, a superior court always has the discretion to grant the writ even in the face of an alternative remedy (see May v. Ferndale Institution). Under the Criminal Code of Canada the writ is largely unavailable if a statutory right of appeal exists, whether or not this right has been exercised.
[edit]India
The Indian judiciary in a catena of cases has effectively resorted to the writ of habeas corpus only to secure release of a person from illegal detention. The Indian judiciary has dispensed with the traditional doctrine of locus standi, so that if a detained person is not in a position to file a petition, it can be moved on his behalf by any other person. The scope of habeas relief has expanded in recent times by actions of the Indian judiciary.[8] The habeas writ was used in the Rajan criminal case.
[edit]Republic of Ireland
In the Republic of Ireland access to the remedy of habeas corpus is guaranteed by Article 40.4 of the 1937 constitution. This guarantees "personal liberty" to each individual and outlines a detailed habeas corpusprocedure. It does not mention the Latin term but includes the English phrase "produce the body". The constitution provides that the habeas procedure is not binding on the Defence Forces during a state of war or armed rebellion.
Article 40.4.2° states that a prisoner, or anyone acting on his behalf, may make a complaint to the High Court of unlawful detention. The court must then investigate the matter "forthwith" and may order that the defendant bring the prisoner before the court and give reasons for his detention. The court must immediately release the detainee unless it is satisfied that he is being held lawfully. The full text of the provision is as follows:
Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law. [Italics added]
The state inherited habeas corpus as part of the common law when it seceded from the United Kingdom in 1922, but the remedy was also guaranteed by Article 6 of the Constitution of the Irish Free State in force from 1922 to 1937. A similar provision was included when the current constitution was adopted in 1937. Since that date habeas corpus has been restricted by two constitutional amendments, the Second Amendment in 1941 and the Sixteenth Amendment in 1996.
Before the Second Amendment, an individual detained had the constitutional right to apply to any High Court judge for a writ of habeas corpus and to as many High Court judges as he wished. Since the Second Amendment, a prisoner has had only the right to apply to one judge, and, once a writ has been issued, the President of the High Court has authority to choose the judge or panel of three judges who will decide the case. The amendment also added a requirement that if the High Court believes someone's detention to be invalid due to the unconstitutionality of a law, it must refer the matter to the Irish Supreme Court and may only release the individual on bail in the interim.
In 1965, the Supreme Court ruled in the O'Callaghan case that the provisions of the constitution meant that an individual charged with a crime could be refused bail only if she was likely to flee or to interfere with witnesses or evidence. Since the Sixteenth Amendment, it has been possible for a court to take into account whether a person has committed serious crimes while on bail in the past.
[edit]Malaysia
In Malaysia, the remedy of habeas corpus is guaranteed by the federal constitution, although not by name. Article 5(2) of the Constitution of Malaysia provides that "Where complaint is made to a High Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him."
As there are several statutes, for example, the Internal Security Act 1960, that still permit detention without trial, the procedure is usually effective in such cases only if it can be shown that there was a procedural error in the way that the detention was ordered.
[edit]New Zealand
In New Zealand habeas corpus may be invoked against the government or private individuals. In 2006, a child was allegedly kidnapped by his maternal grandfather after a custody dispute. The father began habeas corpus proceedings against the mother, the grandfather, the grandmother, the great grandmother, and another person alleged to have assisted in the kidnap of the child. The mother did not present the child to the court and so was imprisoned for contempt of court[9]. She was released when the grandfather came forward with the child in late January 2007.
[edit]The Philippines
In the Bill of Rights of the Philippine constitution, habeas corpus is guaranteed in terms almost identically to those used in the U.S. Constitution. in Article 3, Section 15 of the Constitution of the Philippines states that "The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it."
In 1971, after the Plaza Miranda bombing, the Marcos administration, under Ferdinand Marcos, suspended habeas corpus in an effort to stifle the oncoming insurgency, having blamed the Filipino Communist Partyfor the events of August 21. Many considered this to be a prelude to Martial Law. After widespread protests, however, the Marcos administration decided to reintroduce the writ. In December 2009, habeas corpuswas suspended in Maguindanao as the province was placed under martial law. This occurred in response to the Maguindanao massacre[10].
[edit]Poland
An act similar to Habeas corpus was adopted in Poland as early as in 1430. Neminem captivabimus, short for neminem captivabimus nisi iure victum, (Latin, "We shall not arrest anyone without a court verdict") was one of the basic rights in Poland and Polish-Lithuanian Commonwealth, stating that the king can neither punish nor imprison any member of the szlachta without a viable court verdict. Its purpose is to release someone who has been arrested unlawfully. Neminem captivabimus has nothing to do with whether the prisoner is guilty, only with whether due process has been observed.
[edit]Scotland
The Parliament of Scotland passed a law to have the same effect as habeas corpus in the eighteenth century. This now known as the Criminal Procedure Act 1701 c.6[11]. It was originally called an "the Act for preventing wrongful imprisonment and against undue delays in trials". It is still in force although certain parts have been repealed.
[edit]Spain
In 1526 the Fuero Nuevo established a form of habeas corpus in the territory of the Señorío de Vizcaya. The present Constitution of Spain states that "A habeas corpus procedure shall be provided for by law to ensure the immediate handing over to the judicial authorities of any person illegally arrested". The statute which regulates the procedure is the Law of Habeas Corpus of 24 May 1984 which provides that a person imprisoned may, on his own or through a third person, allege he is imprisoned unlawfully and request to appear before a judge. The request must specify the grounds on which the detention is considered to be unlawful which can be, for example, that the custodian holding the prisoner does not have the legal authority, that the prisoner's constitutional rights have been violated, or that he has been subjected to mistreatment. The judge may then request additional information if needed and may issue a habeas corpus order at which point the custodian has 24 hours to bring the prisoner before the judge.
[edit]United States
Main article: Habeas corpus in the United States
The United States inherited habeas corpus from the English common law. In England the writ was issued in the name of the monarch. When the original thirteen American colonies declared independence, and became a republic based on popular sovereignty, any person, in the name of the people, acquired authority to initiate such writs. The U.S. Constitution specifically includes the habeas procedure in the Suspension Clause, located in Article One, Section 9. This states 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."
The writ of habeas corpus ad subjiciendum is a civil, not criminal, ex parte proceeding in which a court inquires as to the legitimacy of a prisoner's custody. Typically, habeas corpus proceedings are to determine whether the court which imposed sentence on the defendant had jurisdiction and authority to do so, or whether the defendant's sentence has expired. Habeas corpus is also used as a legal avenue to challenge other types of custody such as pretrial detention or detention by the United States Bureau of Immigration and Customs Enforcement pursuant to a deportation proceeding.
[edit]West Bank
In the areas of the West Bank occupied by Israel and administered by the Israeli army since 1967, Military Order 378 is the basis of Palestinian prisoners' access to judicial review. It allows for arrest without warrant and subsequent detention for a period not exceeding eighteen days before a court hearing.[12] In April 1982 the office of the Chief of Staff, Rafael Eitan, issued a document which called for a policy of re-arresting detainees shortly after their arrest: "When it is necessary, use legal measures which enable imprisonment for interrogation for a period stated in the law, and release them for one or two days and then re-imprison them."[13] Israeli soldiers used the Hebrew word tertur to describe the new policy in which this practice was recommended.[14]
The 1987 Landau Commission into Israel's security services "Methods of Investigation" recommended that the length of time a prisoner could be held without judicial supervision should be reduced to eight days. In its 1991 report on the Military Justice System Amnesty International noted "that even the proposed eight-day maximum period of detention without judicial supervision falls far short of the safeguards provided by Israeli law in this respect. It is also inconsistent with international standards of judicial access."[15]
A 1991 report by Amnesty International quotes Article 78 (a) to (e) of Military Order No. 378 as authorizing soldiers "to arrest and detain any person suspected of committing a security offence for 96 hours without a warrant. After this, two seven-day extensions may be granted by police officers before the detainee need be brought before a Judge for the first time."[16] The report notes that in Israel and East Jerusalem the law is that a person "shall be bought before a Judge as soon as possible, but not later than 48 hours after his arrest." In special situations an extension of a maximum of a further 48 hours is allowed.[17]
[edit]Notes and references
^ Google books scan of book Introduction to the Study of the Law of the Constitution By Albert Venn Dicey [1]
^ Anthony Wright (1994) Citizens and subjects: an essay on British politics Routledge, 1994
^ Oxford English Dictionary. 4. Oxford University Press. p. 849.
^ George Birkbeck Hil (2004) Life of Johnson, Volume 3 Kessinger Publishing, 2004
^ Clark, David and Gerard McCoy (1998), "Habeas Corpus" (Federation Press)
^ Submission to the Australian Senate
^ "The Constitution Act, 1982; Part I, Section 7: Legal Rights". Canadian Department of Justice. Retrieved 2008-06-29.
^ Writ Of Habeas Corpus For Securing Liberty - Author - ABS-CBN News
^ New Zealand Herald newspaper
^ Arroyo proclaims martial law in Maguindanao - ABS-CBN News Online
^ See Full text of the Act. This law was given its current short title by the Statute Law Revision (Scotland) Act 1964
^ INTERNATIONAL COMMISSION OF JURISTS and LAW IN THE SERVICE OF MAN, "Torture and intimidation in the West Bank - the case of AL-FARA'A prison." Page 4.
^ LAW IN THE SERVICE OF MAN, page 3.
^ Newsweek, 14 February 1983. Quoted in LAW.. page 3.
^ Amnesty International,"Israel and the Occupied Territories: The military justice system in the Occupied Territories: detention, interrogation and trial procedures." July 1991. AI Index: MDE 15/34/91. Page 36. Landau Commission para 4.17.
^ Amnesty International. "Israel and Occupied Territories: the military justice system in the Occupied Territories - detention, interrogation and trial ractices." 1991. MDE 15/34/91. page 20.
^ AI, page 20: Article 27 (b) 1982 Criminal Procedure Law; Article 16 (b) 1969 Criminal Procedure (Arrest and Searches) Ordinance (New Version) - cites an example of reason for an extension as the Judge being ill.

[edit]Further reading
Asha Bandele "Habeas Corpus is a legal Entitlement", a poem in Absence in the Palms of My Hands & Other Poems. New York: Harlem River Press. 1996.
A.H. Carpenter. "Habeas Corpus in the Colonies." The American Historical Review. Vol. 8., No. 1 (October 1902), pages 18–27.
Louis Fisher. 2003. Nazi Saboteurs on Trial: A Military Tribunal and American Law. University Press of Kansas. ISBN 0-7006-1238-6.
Michael Dobbs. 2004. Saboteurs: The Nazi Raid on America. Vintage. ISBN 1-4000-3042-0.
Charles Doyle. 2006. Federal Habeas Copus: A Brief Legal Overview. Congressional Research Service.
Peter Irons. 1999. A People's History of the Supreme Court. Viking. ISBN 0-670-87006-4. Political context for Ex Parte Milligan explained on Pp. 186–189.
Helen A. Nutting. "The Most Wholesome Law—The Habeas Corpus Act of 1679." The American Historical Review. Vol. 65., No. 3 (April 1960), pages 527–543.
Geoffrey R. Stone. 2004. Perilous Times, Free Speech in Wartime From the Sedition Act to the War on Terrorism. Norton. ISBN 0-393-05880-8.
Cary Federman. 2006. The Body and the State: Habeas Corpus and American Jurisprudence. SUNY. ISBN 0-7914-6703-1.
Eric M. Freedman. 2001. Habeas Corpus: Rethinking the Great Writ of Liberty (NYU Press) ISBN 0-8147-2717-4
Lisa M. Seghetti and Nathan James. 2006. Federal Habeas Corpus Relief: Background, Legislation, and Issues. Congressional Research Service.
Donald E. Wilkes, Jr., The Georgia Death Penalty Habeas Corpus Reform Act of 1995 (1995) & Habeas Corpus: The Great Writ Hit (2006) & Habeas Corpus Uncorpsed (2008) & Habeas Corpus and Baseball (2006) & The Writ of Habeas Corpus in Georgia (2007) & Writ of Habeas Corpus, from The New Georgia Encyclopedia (2009).

[edit]See also
Habeas Corpus Restoration Act of 2007
Military Commissions Act of 2006
Edward Hyde, 1st Earl of Clarendon
Neminem captivabimus
Arbitrary arrest and detention
Philippine Habeas Corpus Cases
Habeas Corpus (play) The Play by the English author Alan Bennett
List of legal Latin terms
subpoena duces tecum
subpoena ad testificandum
Murder conviction without a body
Habeas Data

[edit]External links
Amnesty International page on Habeas Corpus Restoration Act of 2007
Barristermagazine.com
Inmatelaw.org
LectLaw.com
Petition for Habeas Corpus April 16, 1843 From Texas Tides
This American Life: 331: Habeas Schmabeas 2007
Find Habeas

Categories: Constitutional law | Emergency laws | Habeas corpus | Human rights | Latin legal phrases | Liberalism | Prerogative writs | Philosophy of law

On Sun, Jul 18, 2010 at 4:39 PM, CREATIVE INNOVATIONS wrote:
Why is this a jobless recovery with 25 million people out of work? It’s because of uncertainty about the Reconciliation Act of 2010:

PROPOSITION FOR A REPEAL BILL ________ TO REPLACE H.R. 4872:

While Obama is definitely right about the urgency to tackle health reform, (as costs are exorbitantly high and we have no program for the uninsured), if we do not create a program to cover the uninsured or reform health care, we will add another $3 trillion to the deficit! The cost of not reforming health care over the next decade will double, adding half of the current deficit, to the $13 trillion dollar deficit, and if we do nothing about it now, half of the deficit by 2020 is projected to be nothing but health care debt: created by 20 years of unwise Congressional spending and legislation, a whopping $20 trillion dollars in the red!

It is not enough to say to the Federal Reserve to print more money for a bailout when the cost of food and gas are inflated, and since we’re a global economy that enjoys fiat, meaning that the American dollar is the only currency that is backed by the government who can write own notes, and while this is a supreme position of financial power and financial and influence, this also makes us vulnerable to attack from other countries who covet our position and status. Essentially, if you control the value of the American dollar, by buying up gold, property, or investments backed by gold, you have the power to control the global economy, and depending on how much you have, it’s like using reigns on a horse. The more wealth you have, the more you control sectors of society, like strings of puppets. I have seen Obama depicted as Puppet Master, but the true Master of Money is the person who is the wealthiest in gold, American property, and investments. While it is true that Obama has written a lot of blank checks, in 2004it was estimated that the government has 261,007,000,000 ounces of gold/$2,800 per ounce, so the gold value was $730,819,600,000 with $733,170,953,704 American dollars in circulation, which leaves $730,086,429,046,296, or about $730 trillion dollars in reserve.

If we were to sell off our gold to pay down the deficit, the United States is only then worth around $700 trillion dollars. With our current financial problems and people being unemployed, the government is not collecting any real tax revenue from 25 million people over the past 2-3yrs. Qualified unemployment recipients who receive $800 per month cost the government $20,000,000,000/$20 billion per month, and in one year $240,000,000,000,000/$240 billion, so for 3yrs. of unemployment that comes to an ungodly $720,000,000,000/$720 billion dollars, which by the end of this year will add $1 trillion to the deficit! The government can’t tax it’s own money, or make enough back off of taxes from unemployment checks, as it was a government pay-out to begin with! The government gives out close to $1 trillion and gets back only 1/10. The government is essentially loaning out money that was paid in by taxpayers, getting $100,000,000,000/$100 billion in revenue back for $1 trillion paid out.

Continuing this disastrous trend with unemployment will add to the deficit at nearly the same rate as the health care debt, which would put the projected deficit to then $25 trillion. Within the next 30-50 years, just with unemployment pay-outs and health care costs, the deficit will consume the entire value of gold that backs the U.S. dollar, and we’ll be penniless and gold-less, and we’ll have no capital to loan or be able to loan to other countries! Whoever buys our gold will essentially be buying our debt! Even if we used the tax revenue generated off of unemployment checks, that $100 billion, and bought gold with it, we would only add $35 million and some back, which won’t make but $142 million over the next 12 years to offset trillions of dollars spent on unemployment and health care!

So folks, this is where the rubber meets the road: health care has been so high that people have been having to choose between their health or having a roof over their head, a car to drive, and food in their stomachs. This is the main reason the I.R.S. disagrees with Obama’s wage control plan to levy the taxes to pay for health care, as even the I.R.S. knows that even if you took in more taxes to pay for a new health care program for the uninsured, Obama’s legislation fails to deal with the costs of MEDICARE/MEDICAID rising, along with private sector premiums and out-of-pocket costs, so the money it costs to treat the uninsured being used as tax write-offs for hospitals would only address one kink in the hose, like putting a band-aid on a gaping wound that really needs stitches: there are 25 million unemployed who may or may not return to work, but there are really 3 groups of people who make up the uninsured bracket of society. Illegals make up 12 million, 10 million Americans don’t have any insurance, and the other 25 million will get insurance at another job when they return to work or the ones who remain unemployed will be dropped from COBRA. Those who are insured now pay 8% higher premiums, as the hospitals charge insurance companies a percentage to offset the cost of operation for treating those not insured. Now with higher unemployment, insurance companies have jacked up their rates because of a lower pool for their policy.

The question is, why has universal care not worked for MA? MA is now carrying a deficit, against federal law, as universal care does not cover the cost of disability or address the costs of the aging population. MA’s premiums only went down $230 per year/per person, with much higher taxes, running a deficit, AND they STILL put disability appropriations on the chopping block, though that still didn’t stop their deficit or really improve care, lower premium costs substantially, or even offset medical costs to balance their budget. Universal care just shuffles federal money out around the state, and it fails to deal with the cost issues of elderly care or special needs. Which is why C.B.O. numbers are b.s.!

Keeping all of these things in mind of what we can’t keep doing and what has proven not to work, we can’t just do it Obama’s way to our country’s own undoing! America will meet her demise at Obama’s hand if we blindly follow him like sheep to the slaughter! We are to be wise as serpents, but harmless as doves, and while we’ve got to reform health care and do it N-O-W, even tort reform won’t stop this health care abyss!

As a lobbyist in GA in over the past 8 months, I have conferred with Republicans to give approval to fund H.R. 3200, H.R. 3400, H.R. 1200 (striking the mandate clause), and H.R. 3962 with much revision. I addressed committee members to agree to compromise with health care reform, and I garnered Republican concession to accept passage of 3 Democrats’ bills to their 1 bill, with the condition that H.R. 3590 be tabled until it could be revised to address cost issues effectively. The bill was so bad, it was written by Rangel, and it was determined in committee to be a conflict of interest, and I actually believe that Obama was so jealous that I prompted legislators to support this compromise, that it trumped anything he’d ever done in 10yrs. voting present in the Senate, so he refused to have Pelosi support convening on H.R. 3590, which would’ve gotten the bill thrown out entirely over ethical challenge, and he took it upon himself to write another version of it, H.R. 4872/the Recon. Act of 2010, and they used deem and pass to usurp the will of the American people, as the majority of Americans rejected it, as the majority of Americans rejected insurance mandating, federal funding of abortion, cutting $500 billion from from MEDICARE, and funding Thomson prison to house terrorists with pharmaceutical contracts for generic pills to medicate everyone into compliance, (to get them hooked on pills so they need an insurance contract!) I suggest you read the legislation for yourself, and all you have to do is read the first 150 pgs. of H.R. 4872 to see how the health care law is interpreted and will be applied in conjunction with the other bills, which sucks!

We must repeal H.R. 4872 for those reasons listed above, as those are legitimate concerns that revoke Obama’s promise of insuring the uninsured. None of that legislation pays for itself... where is the money coming from --- a $13 trillion dollar deficit?! Cutting $500 billion from MEDICARE will only make MEDICARE costs skyrocket and appropriate $500 billion divided by 47 million uninsured is like the government paying one $10 copay for a general doctor visit, and that’s it! Plus if abortion funding is not struck, that will cost $3 billion or more per year! I worked on revising this health care legislation for 3 months straight, so much so, I felt my legs were shackled to my parents’ computer desk. I would spend up to 18 hours a day some days on the computer, reading bills over 2,000 pages long, making revisions, and then taking an hour to email the entire Senate and an entire day to email the House of Representatives. I made a promise to investors to protect the stock market from this legislation, I promised business owners who were still left that taxes wouldn’t close down their business in this unprofitable economy, and I promised Obama I would turn over every abortion clinic for misappropriation if an amendment was not passed.

While I became certain we could not reform health care Obama’s way and that the law needs to be repealed before it becomes budgetary law before August 9th, 2010, I see that neither the Dems or Repubs know how to fix the problems that they’ve created and failed to govern judiciously, both sides offering inadequate solutions, with Dems offering the most undesirable solution that they’re forcing everyone to do, though their reckless spending and tripling the deficit in less than 2yrs. has increased the desperation that has made health care reform a 9-1-1 emergency! It’s weird: instead of doing their jobs to govern wisely, they’ve spent all of our tax dollars and then used that as the very reason to tax us more and pass more legislation that will tax us to death! Obama gave out a lot of money, but he didn’t tell you he’d try to recoup it with 4 new taxes on the middle class!

I was sure that repealing the bill would prevent further economic disaster, and selling insurance across state lines would help everyone, but no one had a vision of what the future American health care should look like, until I read “Why Our Health Matters” by Andrew Weil, M.D. In this book, Weil establishes medical standards that come from years of experience in conventional and non-conventional medicine, and a blue print for a system that will work in favor of the health of our nation, with health equaling wealth! It also gives a structural delegation of duties that will accomplish what Obama’s czar disciples can’t do, as a small group overseeing the entire state of the American public health. While Weil’s book was loaded with reliable facts, figures, history, and even structural system reform, it still did not tell how to measurably bring cost down or how to implement technology for our benefit to be cost effective. However, this book inspired me to discuss it with my peers, and while some are still holding out hope for Social Security, I have my own legislation to bring to the table. It’s very simple, I wrote it on half a sheet of paper with a marker, but I guarantee that it’s better than anything Obama, Congress, or the I.R.S. thought of to rectify cost issues. The C.B.O. can estimate that costs may go down some, but the C.B.O. can’t tell us how to get there or how to walk it out; however, I can.

I , Aja Brooks, would like to introduce a bill _______ for a National Health Insurance Plan, outsourced to __________. The purpose of this bill is to provide insurance for the uninsured, in the event their state has no program in their budget, or if they can’t attain MEDICAID or have been rejected by other private sector insurance companies. Monthly insurance premiums will be federally subsidized, as optional health coverage available through selecting an additional withholding on your W-4/corresponding tax forms. A National Health Advisory Council will be in charge of overseeing this program, who will interact with State Insurance Commissioners and ____________ outsourced insurance company. The National Health Advisory Council will not be a government position; doctors will submit a recommendation to a Senate committee nominating 10 most qualified doctors or influential health professionals from their field. The 10 most nominated will be the council. The Council will establish a Constitution to uphold the Hippocratic Oath and establish its own rules for terms of service and rules of operation.

The I.R.S. expansion will remain the same as in H.R. 4872, but the I.R.S. will have 3 new departments: wage division, premium division, and records division. The I.R.S. will do what it does best, collecting and recording accurate monetary and related information, and they will do do so by using the taxpayer ID# as a person’s National Health Insurance number. This way, the I.R.S. will be able to easily assess and collect information having to review and substantiate gazillions of 1099 forms, and without having to harass or hunt people down, the I.R.S. would be the only entity to have access to private medical data through use of the Tax ID number, which will track and compile medical data as soon as we add it for hospitals to submit it for billing/tax purposes.

The I.R.S. will analyze all Tax ID claims, those who have opted-in to National Health Insurance, and track the costs to those under other insurance, and also track the costs of those who refuse health insurance and compile it for an annual report for Congress. Congress could then accurately assess medical costs, with the I.R.S. curtailing fraud, and simplify billing for hospitals for those who can’t pay their bills. The computer system will work for Tax ID number only, to eradicate those who don’t pay taxes/to clearly count taxpayers’ contributions, in order to address illegal immigration as a separate cost issue that amnesty would not rectify. Billing pages will say NO TAX ID NUMBER/employer address for those who are illegal or employer tax ID#.

The I.R.S. and government can’t oversee every minute financial transaction to ensure taxes are being properly reported and not misrepresented, but they can more fairly tax, properly appropriate, and identify fraud easier with improved and accurate TAX-ID data based info. That way, it would be easier to extend tax cuts or credits to those who have large medical bills, and give a stimulus check to those who stay in good health and aren’t abusing their body or the system.

Funding for the new I.R.S. data base Tax ID# health information will cost_________. All health care providers must participate or license to practice will be revoked. Records must be submitted when patient information is taken in for admission or appointment.

Those who receive Social Security checks or unemployment checks have the option to opt-in on their forms by asking for additional withholding. This bill extends coverage to those under-insured, most of the uninsured who receive government checks, and those who are unemployed will be added to their yearly federal income taxes/that will be offset when they become employed and file their W-4 over again.

This bill excludes illegal immigrants, for the National Health Insurance Plan, as they do not possess a TAX ID number unless they are claimed as a dependent under an optional employer withholding for workman’s compensation insurance only, once we can accurately assess medical costs by TAX ID #, then we can effectively determine the costs and amount of medical services used by illegals, as to levy a tax of 3%, or require an ID card where they must pay 10% sales tax. The I.R.S. and ICE will partner to manage those claims filed that have the listing as NO TAX ID NUMBER, and the I.R.S. will determine legal work status and recommend deportation if necessary. If an illegal needs care, they must put their employer’s TAX ID NUMBER on the claim, so that withholding can be investigated by the I.R.S., and if they do not work, the spouse or head of household must disclose the employer’s TAX ID#.

While this bill is just a simple readjustment of how we do things, it may be amended or modified to fit legislative language and action as appropriate.

--
CREATIVE INNOVATIONS
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