The Unconstitutionality of Time Limits Placed on The "Great Writ"
by Buck Garrett , Prisoner of War in America
The Constitution of the United States in certain instances, grants power to the Congress to enact laws. An example of one of those instances is the power to make laws to control the Commerce between the States. In short, in order for Congress to enact a law, the Constitution must grant the power to Congress that law.
The Constitution does not put a time limit on this right to redress a grievance. The Constitution grants to each citizen, the right to petition the court at any time that citizen believes a grievance exists. Nowhere in the Constitution is Congress granted the power to set time limits on the Constitutional right to redress a grievance or any other Constitutional right. Even the Supreme Court would be hesitant in allowing Congress to pass a law that limited the 4th Amendment rights to certain hours of the day, or until a citizen attains the age of 35, or even until April 24, 1996.
The founders never intended that Congress be empowered to chip away at rights specifically granted to the citizens by the Constitution. Of course, the Founders never intended that the United States to become a Police State either!
"The Great Writ is Alive and Well!"
Congress hasn't placed a time limit on the Petition for a Writ of Habeas Corpus, what they did was amend the second clause of Title 28 USC § 2255. That clause did state that a § 2255 motion may be made at any time. After the amendment, the clause sets a time limit of one year to file the § 2255 motion, relying on the latest of four possible times.
When Congress passed 28 USC §2255 almost fifty years ago, they intended for 28 USC § 2255 to replace their Petition for a Writ of Habeus Corpus. Title 28 USC § 2255 appears to have worked pretty well over the last half century. Keep in mind here that Congress did not and has not attempted to amend the United States Constitution. Congress knows full well the process of amending the Constitution.
The Suspension Clause of Article 1, Section 9, Clause 2 of the constitution, specifically prohibits the suspension of Habeas Corpus relief. You can bet that at least one of the idiots who profess to be a professional politician knows about the Suspension Clause. Since Congress passed 28 USC § 2255, they have every right to amend it, however, any amendment to 28 USC § 2255 is certainly not an amendment to the Constitution.
I suggest the citizens file a Petition for a Writ of Habeus Corpus, pursuant to the Constitution and make it clear in their petition that they are not seeking any relief pursuant to 28 USC § 2255. The catch is, if you ask for relief under 28 USC § 2255, then 28 USC § 2255 with any amendments is all you can expect.
Your caption should read:
Petition for a Writ of Habeas Corpus pursuant to the Constitution of the United States of America.