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Business Standard
13-05-2025
- Politics
- Business Standard
US may suspend habeas corpus for immigrants: What it means and the impact
The White House is considering whether to suspend a long-standing legal safeguard that allows migrants to challenge their detention in court. The move, floated by senior adviser Stephen Miller, could fast-track deportation proceedings, but has drawn criticism from lawmakers and legal scholars. Speaking to reporters, Miller said, 'The Constitution is clear that... the privilege of the writ of habeas corpus can be suspended in time of invasion — so it's an option we're actually looking at, but a lot of it depends on whether the court will do the right thing or not.' His remarks come as the administration continues a crackdown on illegal immigration and foreign students involved in campus protests. Reacting to Miller's comments, US Senator Amy Klobuchar said, 'Congress is not going to reverse habeas corpus — and no, the president can't do it himself.' What is habeas corpus? Habeas corpus, a Latin term meaning 'you should have the body,' is a legal mechanism that allows a person to appear before a court to challenge whether their detention is lawful. It's often referred to as the 'Great Writ of Liberty'. Legal historians say the concept predates the Magna Carta and is embedded in the legal traditions of the UK, the US, and other democracies. In the United States, it is found in Article One of the Constitution, which reads: '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 principle has been used in US courts, including the Supreme Court, to review detentions — especially in immigration, where migrants use habeas petitions to contest the duration and conditions of their imprisonment. Dr Sarvam Ritam Khare, an advocate-on-record at the Supreme Court of India, told Business Standard, 'Habeas corpus is originally a common law concept meaning 'produce the body' and is the remedy in cases where a person has been wrongfully detained. The American Constitution recognises the privilege of habeas corpus as absolute and non-suspendable by virtue of Article I, Section 9, Clause 2.' He added that the 14th Amendment of the US Constitution guarantees the right to life and liberty to every person in the country, regardless of citizenship. 'It says that no state shall deprive any person of life, liberty or property without due process of law. This due process test opens up the question of whether such a law is constitutionally valid. So, even an enacted law cannot override personal liberty unless it passes that test,' he said. 'Any law suspending the judicial remedy of habeas corpus in the US is unconstitutional and against various human rights treaties — many of which the US has not only signed but helped shape,' said Khare. Sunayana Basu Mallik, partner at King Stubb & Kasiva, Advocates and Attorneys, told Business Standard, 'Suspending habeas corpus for migrants would block court challenges to detention, risking unchecked, prolonged confinement. This undermines due process, may violate constitutional protections, and could lead to human rights issues, disproportionately harming vulnerable immigrant communities.' Ketan Mukhija, senior partner at Burgeon Law, said, 'This would mark a serious shift in immigration policy and raise deep concerns about executive overreach and constitutional limits.' Past suspensions in US history Habeas corpus has been suspended only a few times in American history. President Abraham Lincoln first suspended it in 1861 during the Civil War, prompting a clash with then-Chief Justice Roger Taney, who argued that only Congress could authorise such a suspension. Congress later passed legislation in 1863 to permit suspension for the duration of the war. In the years after the Civil War, the writ was suspended again to suppress uprisings by the Ku Klux Klan. Another notable instance was after the 1941 attack on Pearl Harbour, when habeas corpus was suspended in Hawaii. This allowed authorities to detain Japanese Americans on the island during World War Two. Current legal disputes reignite interest in habeas corpus Miller's comments came hours after a federal judge in Vermont ordered the release of Rümeysa Öztürk, a Turkish doctoral student at Tufts University on Friday. She had been detained by immigration officers in March as part of a broader campaign against student protesters. Öztürk had written a piece in her university newspaper criticising the administration's response to the war in Gaza. Authorities claimed, without evidence, that she had supported Hamas. Miller criticised the judge's ruling, calling it 'a judicial coup' and said the executive had 'absolute authority' to revoke visas without court oversight. 'This judicial coup by a handful of Marxist judges to frustrate that effort can only be understood as an attack on democracy,' Miller said. The case has drawn attention to broader legal efforts to challenge detentions. In April, the Supreme Court ruled that migrants subject to removal under the Alien Enemies Act must be given adequate notice before deportation so they have time to petition the courts. This ruling paused some deportations in Texas. Mahmoud Khalil, a Columbia University graduate student detained for his involvement in pro-Palestinian protests, has now filed a habeas corpus petition as he fights deportation.


West Australian
04-05-2025
- Politics
- West Australian
Donald Trump news: US President says this term is his last and endorses Vance, Rubio to march MAGA foward
US President Donald Trump has confirmed he will not be investigating avenues to pursue a third term and will hand over the keys to the White House at the end of his current administration. Appearing on NBC's Meet the Press, Mr Trump said it is clear he would not be able to navigate a path to a historic third term through the courts. The American Constitution says 'no person shall be elected to the office of the President more than twice' and an amendment for change would require the support of either two-thirds of both the House and Senate or two-thirds of state legislatures and both paths would require ratification from three-quarters of the states. 'I'll be an eight-year president, I'll be a two-term president. I always thought that was very important,' Mr Trump said in the interview that aired on Sunday. 'It's something that, to the best of my knowledge, you're not allowed to do. I don't know if that's constitutional that they're not allowing you to do it or anything else.' Mr Trump has spoken previously about finding a way to run for third term but on investigation realises the task would be almost impossible. Trump told Kristen Welker on Meet The Press that he has had no meetings about establishing a pathway for a third term, but he's heard 'different concepts' about potential options. 'Other people say, 'You can have a write-in vote,'' Mr Trump said. 'There are many people selling the 2028 hat,' Trump said. 'But this is not something I'm looking to do. I'm looking to have four great years and turn it over to somebody, ideally a great Republican, a great Republican to carry it forward.' The obvious choice to step into the fold and make a run for the next presidency is current Vice President JD Vance who Mr Trump said would have an advantage over other competitors in a Republican primary for the top job. When asked if JD Vance would be 'top of the tree' in the race to the White House on 2028 Trump praised Vance. 'It could very well be,' Trump said, before adding, 'I don't want to get involved in that. I think he's a fantastic, brilliant guy. Marco (Rubio) is great. There's a lot of them that are great.' He also emphasized that such discussions are 'far too early.' 'But certainly you would say that somebody's the VP, if that person is outstanding, I guess that person would have an advantage,' Trump said. CNBC are reporting that Trump has declined to be drawn into endorsing or labeling Vance as his anointed successor, while still showering him with praise over his work. In February, Trump told Fox News' Bret Baier that Vance is 'very capable' but that he did not necessarily view Vance as his successor. Trump also named Marco Rubio as a 'great' potential GOP leader. Trump's confidence in the former Florida senator is reflected in Rubio's wide portfolio in the administration: He's been tapped by the president to serve as the acting head of the National Archives, acting administrator of the U.S. Agency for International Development and, most recently, national security adviser — replacing Michael Waltz, whom Trump instead said he would nominate to be ambassador to the United Nations. 'Marco's doing an outstanding job,' Trump said when the interview turned to Waltz. He added that while he does not expect Rubio to remain in his newest role in the 'long term,' he's in no rush to replace him. 'Now, Marco won't keep — Marco's very busy doing other things, so he's not going to keep it long term. We're going to put somebody else in,' Trump said, though he later noted that Henry Kissinger served as both secretary of state and national security adviser, adding: 'Henry Kissinger did both. There's a theory that you don't need two people. But I think I have some really great people that could do a good job.' Asked by Welker if Rubio could continue in both jobs 'indefinitely,' Trump said: 'He could, yeah. He could. But I think he even would like to probably see — because it is a little bit different. But in the meantime, he'll handle it.' The field of 'tremendous' Republicans Trump said could emerge as 2028 front-runners, a group that he said includes as many as 20 people, does not appear to be a chief concern for the president months into his second term. He suggested to Welker that he's much more focused on a more immediate election, the 2026 midterms, in which Republicans will have to fight historical odds to maintain control of both chambers of Congress. Backlash against Trump's swift use of executive authority to reshape the federal government — from targeting diversity, equity and inclusion efforts to imposing new tariffs on dozens of countries — have weighed on the GOP politically, with Trump's approval ratings steadily declining through his first 100 days. The economic consequences of the tariffs in particular appear to be politically damaging, with Trump's handling of tariffs earning him especially low marks compared to other issues in recent public surveys, including CNBC and NBC News Stay Tuned polls. Trump told Welker he plans to play a 'very active' role in the midterm cycle, especially through his fundraising prowess. He downplayed concerns that his agenda may cost Republicans one or both chambers of Congress. 'If you look, it's pretty consistent that whoever wins the presidency ends up losing the House, losing the Senate. I think we're going to turn that around. I think we're going to turn it around easy,' Trump said.


Perth Now
04-05-2025
- Politics
- Perth Now
Trump makes huge call on historic third term
US President Donald Trump has confirmed he will not be investigating avenues to pursue a third term and will hand over the keys to the White House at the end of his current administration. Appearing on NBC's Meet the Press, Mr Trump said it is clear he would not be able to navigate a path to a historic third term through the courts. The American Constitution says 'no person shall be elected to the office of the President more than twice' and an amendment for change would require the support of either two-thirds of both the House and Senate or two-thirds of state legislatures and both paths would require ratification from three-quarters of the states. 'I'll be an eight-year president, I'll be a two-term president. I always thought that was very important,' Mr Trump said in the interview that aired on Sunday. 'It's something that, to the best of my knowledge, you're not allowed to do. I don't know if that's constitutional that they're not allowing you to do it or anything else.' Mr Trump has spoken previously about finding a way to run for third term but on investigation realises the task would be almost impossible. Trump told Kristen Welker on Meet The Press that he has had no meetings about establishing a pathway for a third term, but he's heard 'different concepts' about potential options. 'Other people say, 'You can have a write-in vote,'' Mr Trump said. 'There are many people selling the 2028 hat,' Trump said. 'But this is not something I'm looking to do. I'm looking to have four great years and turn it over to somebody, ideally a great Republican, a great Republican to carry it forward.' The obvious choice to step into the fold and make a run for the next presidency is current Vice President JD Vance who Mr Trump said would have an advantage over other competitors in a Republican primary for the top job. When asked if JD Vance would be 'top of the tree' in the race to the White House on 2028 Trump praised Vance. 'It could very well be,' Trump said, before adding, 'I don't want to get involved in that. I think he's a fantastic, brilliant guy. Marco (Rubio) is great. There's a lot of them that are great.' He also emphasized that such discussions are 'far too early.' 'But certainly you would say that somebody's the VP, if that person is outstanding, I guess that person would have an advantage,' Trump said. CNBC are reporting that Trump has declined to be drawn into endorsing or labeling Vance as his anointed successor, while still showering him with praise over his work. In February, Trump told Fox News' Bret Baier that Vance is 'very capable' but that he did not necessarily view Vance as his successor. Trump also named Marco Rubio as a 'great' potential GOP leader. Trump's confidence in the former Florida senator is reflected in Rubio's wide portfolio in the administration: He's been tapped by the president to serve as the acting head of the National Archives, acting administrator of the U.S. Agency for International Development and, most recently, national security adviser — replacing Michael Waltz, whom Trump instead said he would nominate to be ambassador to the United Nations. 'Marco's doing an outstanding job,' Trump said when the interview turned to Waltz. He added that while he does not expect Rubio to remain in his newest role in the 'long term,' he's in no rush to replace him. 'Now, Marco won't keep — Marco's very busy doing other things, so he's not going to keep it long term. We're going to put somebody else in,' Trump said, though he later noted that Henry Kissinger served as both secretary of state and national security adviser, adding: 'Henry Kissinger did both. There's a theory that you don't need two people. But I think I have some really great people that could do a good job.' Asked by Welker if Rubio could continue in both jobs 'indefinitely,' Trump said: 'He could, yeah. He could. But I think he even would like to probably see — because it is a little bit different. But in the meantime, he'll handle it.' The field of 'tremendous' Republicans Trump said could emerge as 2028 front-runners, a group that he said includes as many as 20 people, does not appear to be a chief concern for the president months into his second term. He suggested to Welker that he's much more focused on a more immediate election, the 2026 midterms, in which Republicans will have to fight historical odds to maintain control of both chambers of Congress. Backlash against Trump's swift use of executive authority to reshape the federal government — from targeting diversity, equity and inclusion efforts to imposing new tariffs on dozens of countries — have weighed on the GOP politically, with Trump's approval ratings steadily declining through his first 100 days. The economic consequences of the tariffs in particular appear to be politically damaging, with Trump's handling of tariffs earning him especially low marks compared to other issues in recent public surveys, including CNBC and NBC News Stay Tuned polls. Trump told Welker he plans to play a 'very active' role in the midterm cycle, especially through his fundraising prowess. He downplayed concerns that his agenda may cost Republicans one or both chambers of Congress. 'If you look, it's pretty consistent that whoever wins the presidency ends up losing the House, losing the Senate. I think we're going to turn that around. I think we're going to turn it around easy,' Trump said.
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First Post
25-04-2025
- Business
- First Post
Trump 2028? His team sells merchandise hinting US president might seek a third term
The Trump Organisation is selling 'Trump 2028' hats and shirts, hinting that the President might run for a third time, forbidden by the American Constitution read more Donald Trump's online store is selling clothing emblazoned 'Trump 2028', the year of the next US presidential election, in which the Republican is constitutionally banned from running. AFP As the United States navigates through the turbulent reign of US President Donald Trump, the Trump Organisation has begun selling a new kind of red hats online. The team of the president is known for selling all sorts of merchandise. What makes the recent sale different is that the red caps and hats featured the slogan 'Trump 2028,' embroidered in bright white along the front. The Trump organisation are also selling T-shirts with the same slogan. STORY CONTINUES BELOW THIS AD According to the website, the hats were listed for $50. 'The future looks bright! Rewrite the rules with the Trump 2028 high crown hat. Fully embroidered with a snap closure in the back, this will become your new go-to hat,' the description reads. The Trump Organization is selling 'Trump 2028' hats online. Trump Store The shirts, sold at $36, also feature the phrase 'Rewrite the Rules.' When asked for a comment, White House press secretary Karoline Leavitt referred NBC News to the Trump Organisation 'since it's their website,' adding, 'But it's a cool hat and I suspect it will be highly popular!' Trump's son flaunts the merchandise While the Trump organisation did not comment on the matter, his son, Eric Trump, shared a photo of himself wearing the hat alongside screenshots of emails from reporters inquiring about the merchandise. The president and his supporters have often flirted with the possibility of Trump running for a third term. However, the Constitution of the United States forbids someone from being the president of the country for three terms. Last month, in a telephone interview with NBC News, Trump responded to a question about whether he'd seek a third term, saying, 'A lot of people want me to do it.' 'But, I mean, I basically tell them we have a long way to go, you know, it's very early in the administration,' he added, but did not at any point deny that he was exploring the thought of running for another term in 2028. 'I'm not joking,' the president exclaimed during the phone call, 'But I'm not — it is far too early to think about it.' STORY CONTINUES BELOW THIS AD When further asked if his advisers had presented him with a plan to bypass the presidential limit enshrined in the Constitution by the 22nd Amendment, Trump responded: 'There are methods which you could do it.'


Telegraph
23-04-2025
- General
- Telegraph
10 places to visit that will make you proud to be English
These days England often gets a bad press but this 'land of lovely things', as Arthur Mee described it, has given the world plenty to improve the lives of peoples everywhere. Here, on St George's Day, are 10 places to visit that England can be proud of. Runnymede Surrey On June 15 1215, somewhere in this lush green meadow beside the River Thames near Windsor, John, King of England, put his seal to a document that would become the foundation stone of liberty and individual rights for much of the world. Magna Carta was the first recorded attempt to establish basic human rights and the template for constitutions everywhere, including the American Constitution and Bill of Rights and the European Convention on Human Rights. Whether contemplating Sir Edward Maufe's Magna Carta Memorial on the slopes of Cooper's Hill, climbing the 50 steps representing the 50 American states at the Kennedy Memorial, enjoying the various art installations dotted around the meadows or just strolling along the river bank beside the rippling Thames, you cannot help but be moved by the thrill of knowing that the rights of man and the rule of law began to take shape right here. Woolsthorpe Lincolnshire This small grey stone farmhouse set in a quiet Lincolnshire valley was the birthplace, on Christmas Day 1642, of the man who gave the world the fundamental laws of science, Isaac Newton. In a small upstairs room Newton laid the foundations of calculus, discovered how light and colour worked, invented the reflecting telescope and set down the principles of motion. Today you can explore the humble rooms where the origins of the modern world were conceived and wander through the orchard where Newton famously saw an apple drop, inspiring his discovery of the laws of gravity. If you visit at the right time of year, you can watch an apple drop from the very same tree, which still flourishes in the orchard. 19. The Street Crowmarsh Gifford, Berkshire It was while living in this quaint half-timbered cottage on his father's farm, Howbery, in 1701, that gentleman farmer Jethro Tull, irritated by the slow and wasteful process of sowing seed by hand, invented the world's first agricultural machine. He experimented with his new machine on the fields behind the house and, once perfected, his horse-drawn 'seed drill' could accurately sow three rows at once, saving a huge amount of time and waste. Jethro Tull's seed drill inspired the development of modern mechanised farming and helped improve the productivity of agriculture across the world. Most of the fields on which Jethro Tull experimented are built over but some of the first fields to be ploughed by machine survive and can be seen from the footpath that runs along the opposite bank of the Thames. Jethro Tull himself would have known Crowmarsh Gifford's early Norman church and two ancient pubs, the 14th-century Queen's Head and the 17th-century Bell. As well as inventing the horse-drawn seed drill, Tull also inspired the eponymous 1970s folk-rock band Jethro Tull. Brompton by Sawdon North Yorkshire In his small workshop in the garden of Brompton Hall, Sir George Cayley became the first man to identify the four principals of aerodynamics and modern aviation design: weight, lift, drag and thrust. Using these principles he designed a flying machine which, in the summer of 1853, achieved the first ever manned flight of a fixed wing aircraft when his coachman took off from nearby Wydale Hall and flew 900 feet across the garden valley. Brompton Hall is now a school but Sir George Cayley's workshop, displaying a model of his flying machine, is visible from the main road and can be visited by appointment. There is also an awe-inspiring walk from Snainton, further down the road, to the valley which saw that first flight in 1853. Ironbridge Shropshire The world's first iron bridge, built in 1779, spans the River Severn as the earliest and most potent symbol of the birthplace of the Industrial Revolution, a period which forged the modern world. You can walk over the bridge and along the river valley to nearby Coalbrookdale to see the remains of the Old Furnace where, in the early 18th century, Abraham Darby perfected the technique of smelting iron ore with coke rather than charcoal, thus making the process easier and cheaper. Within walking distance are the remains of industrial sites that sprang up near the iron forges and various museums telling the story of how this quiet Shropshire valley changed the world. Wadesmill Hertfordshire A small monument beside the road out of Wadesmill marks the spot where Thomas Clarkson rested on his way home to London from Cambridge. It was here that Clarkson, shocked by what he had learnt while researching an essay on slavery for a competition at Cambridge University, determined to devote the rest of his life to ridding the world of 'these calamities'. This was not the first step but certainly the most significant step on the road to the Abolition of the Slave Trade, making this quiet corner of England one of the most precious places in human history. Locomotion Shildon, County Durham The first journey made by the first train on the first public railway in the world began at Shildon on September 27 1825 when Locomotion No 1, built by George and Robert Stephenson, was attached to 12 coal wagons, 21 wagons fitted with seats and one experimental passenger coach before steaming off to Darlington and then Stockton with some 600 people aboard. Railways transformed the way we lived, socially, economically and politically, connecting different parts of the country for the first time and enabling people, goods, perishable foods, letters and newspapers to be moved around quickly and cheaply. Shildon became the world's first 'railway town' and today a trail has been created linking the various landmarks of that fateful day, including the railway workshop and goods shed and the coal drops where the engines were refuelled. Locomotion No 1 itself can be seen in the main museum along with other ground-breaking locomotives. Greenwich Observatory London Greenwich sits at the centre of the world. The Greenwich or Prime Meridian marks 0 degrees longitude and divides the world into East and West, while from 1844 until 1972 Greenwich Mean Time was the international standard time by which the world set its clocks. Greenwich was chosen because the observatory had been instrumental in calculating new methods of navigation and time-keeping and because most ships already used sea charts based on the Greenwich Meridian; in the late 19th century, over half the world's trade passed by Greenwich on its way to and from the Port of London. Greenwich Park provides a large and beautiful green space with delightful walks and magnificent views over London, while much fun can be had stepping back and forth from East to West across the Prime Meridian. Battersea Park London Sport brings the world together and while England invented many of the world's favourite sports such as lawn tennis, rugby and cricket, it is football that has become a truly global game enjoyed by hundreds of millions. It was in Battersea Park on January 9 1864 that the first football match under Football Association rules was played, rules that were eventually adopted around the world. There is a plaque commemorating the event on the park's cricket pavilion and you can still kick a football around on or near the turf that hosted that momentous match. Liverpool Liverpool gave the world the most famous and influential rock band of all time. The Beatles created new sounds, revolutionised recording techniques, invented the concept album and album covers as works of art, were the first to use videos as a marketing tool and kickstarted youth culture to become the sound and symbol of the Sixties. Liverpool has been transformed from the run-down city of the 1950s and 1960s which moulded the Beatles, but there are walking tours that visit many of the landmarks from that time including their birthplaces and childhood homes, the places that inspired songs (such as Strawberry Fields and Penny Lane) and the venues where they performed. The most famous music venue in the world, the iconic Cavern Club in the city centre where the Beatles gave their early performances, has been refurbished and still hosts live music.