Barack Obama

Good news because someone is finally standing up for and speaking out on Habeus Corpus. Bad news because the writ of Habeus Corpus has somehow gone from centuries-old universal political principle to a partisan wedge issue.

Obama to Palin: 'Don't Mock the Constitution'

It was in St. Paul last week that Palin drew raucous cheers when she delivered this put-down of Obama: "Al-Qaeda terrorists still plot to inflict catastrophic harm on America and he's worried that someone won't read them their rights."

Obama had a few problems with that.

"First of all, you don't even get to read them their rights until you catch 'em," Obama said here, drawing laughs from 1,500 supporters in a high school gymnasium. "They should spend more time trying to catch Osama bin Laden and we can worry about the next steps later."

"My position has always been clear: If you've got a terrorist, take him out," Obama said. "Anybody who was involved in 9/11, take 'em out."

But Obama, who taught constitutional law at the University of Chicago for more than a decade, said captured suspects deserve to file writs of habeus corpus.

Calling it "the foundation of Anglo-American law," he said the principle "says very simply: If the government grabs you, then you have the right to at least ask, 'Why was I grabbed?' And say, 'Maybe you've got the wrong person.'"

The safeguard is essential, Obama continued, "because we don't always have the right person."

"The reason that you have this principle is not to be soft on terrorism. It's because that's who we are. That's what we're protecting," Obama said, his voice growing louder and the crowd rising to its feet to cheer. "Don't mock the Constitution. Don't make fun of it. Don't suggest that it's not American to abide by what the founding fathers set up. It's worked pretty well for over 200 years."