Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

High Court Asked to Take Guantanamo Case
AP via Yahoo ^ | August 8, 2005 | Associated Press

Posted on 08/08/2005 5:45:04 PM PDT by COEXERJ145

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-98 last
To: bill1952

"No he's not. It's been done before, and nothing came of it.

Andrew Jackson."

Assuming you are referring to the case of Cherokee Nation vs. Georgia, please tell me how Andrew Jackson ignored the ruling.


81 posted on 08/09/2005 9:10:10 AM PDT by ndt
[ Post Reply | Private Reply | To 70 | View Replies]

To: bill1952

"No he's not. It's been done before, and nothing came of it.
Andrew Jackson."

Pardon me, that should be Worcester v. Georgia, not Cherokee Nation v. Georgia. Related cases but it was in the former that Jackson said "the decision of the supreme court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate."

Which I assume is what you are referring to.


82 posted on 08/09/2005 9:19:09 AM PDT by ndt
[ Post Reply | Private Reply | To 70 | View Replies]

To: inquest
You're making a circular argument.

Nope, that was a circular joke.

You said earlier in this thread (#7) that "settled law" should mean nothing to the Right, that we should only look to the Constitution itself. Quoting an FDR-era SCOTUS ruling is hardly the same as quoting the Constitution.

I take it that you have nothing to add. If you had something to add you would have added the constitutional language giving the judiciary war powers. Since only Congress and the Executive are mentioned in the same sentence with war, I understand your dilemna.

83 posted on 08/09/2005 9:26:08 PM PDT by jwalsh07
[ Post Reply | Private Reply | To 75 | View Replies]

To: jwalsh07
If you had something to add you would have added the constitutional language giving the judiciary war powers.

More circular logic. You're the one who's insisting that this is a case of the judiciary exercising war powers. I've already pointed out to you that this is in reality a case of the executive branch exercising judiciary powers, and the judiciary branch holding the executive to the law.

Having "war powers" doesn't mean you don't have to obey the law when exercising those powers. If you disagree, feel free to point to the constitutional provision that supports you on that.

84 posted on 08/10/2005 7:56:14 AM PDT by inquest (FTAA delenda est)
[ Post Reply | Private Reply | To 83 | View Replies]

To: inquest
If you disagree, feel free to point to the constitutional provision that supports you on that.

Here's your problem. You disagree with the Appeals Court and the SCOTUS in Quirin. Thats fine, but the circular logic thing is tiresome. I've posted the relevant section of Quirin which cites the Constitution. I'd be happy to post tha three judge panels opinion if you're having trouble finding it.

You, on the other hand, have posted nothing supporting your opinion which conflcits with the Appeals Court and Quirin. Until you do, you're blowing in the wind.

85 posted on 08/10/2005 5:32:04 PM PDT by jwalsh07
[ Post Reply | Private Reply | To 84 | View Replies]

To: jwalsh07
I've posted the relevant section of Quirin which cites the Constitution.

No, nothing in the section you quoted cites the Constitution. And not even Quirin corroborates your sweeping claim that the President in the exercise of his war powers is not subject to judicial review at all. To say that he's not subject to judicial review is to say that he's not subject to the law. And you will find nothing in the Constitution which states something so utterly un-American.

86 posted on 08/10/2005 5:52:54 PM PDT by inquest (FTAA delenda est)
[ Post Reply | Private Reply | To 85 | View Replies]

To: inquest
No, nothing in the section you quoted cites the Constitution.

My mistake but a minor one. Your argument is with the appeals court decision. They cite to Quirin and Quirin cites the Constitution. Your move.

And not even Quirin corroborates your sweeping claim that the President in the exercise of his war powers is not subject to judicial review at all.

Now you're making it up as you go. I never said anything remotely likely that.

To say that he's not subject to judicial review is to say that he's not subject to the law. And you will find nothing in the Constitution which states something so utterly un-American.

OK Inquest, you have one post to quote me asserting that. If you can't do it, and you can't, then I'll figure you're having a bad day. It happens.

87 posted on 08/10/2005 6:00:08 PM PDT by jwalsh07
[ Post Reply | Private Reply | To 86 | View Replies]

To: jwalsh07
[...your sweeping claim that the President in the exercise of his war powers is not subject to judicial review at all]

Now you're making it up as you go. I never said anything remotely likely that.

No, of course not. All you did was claim that the judiciary itself is exercising "war powers" whenever it reviews the President's actions for legality. But perhaps you'll forgive me if I don't see the subtle difference between that and what I posted above.

88 posted on 08/10/2005 7:09:27 PM PDT by inquest (FTAA delenda est)
[ Post Reply | Private Reply | To 87 | View Replies]

To: inquest

Forgive you for lying? Nope. No forgiveness for you inquest. When you attribute words to somebody that has never spoken them to try to make a point that, in reality, nobody gives a crap about, you are sliding into nutsville.


89 posted on 08/11/2005 4:32:05 AM PDT by jwalsh07
[ Post Reply | Private Reply | To 88 | View Replies]

To: DugwayDuke

Where do they get the money for these suits?


90 posted on 08/11/2005 4:40:44 AM PDT by Unicorn (Too many wimps around.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: jwalsh07
Forgive you for lying?

I wasn't lying. The most you could claim is that you were making a highly ambiguous, incoherent point, and that I failed to read your mind.

a point that, in reality, nobody gives a crap about

Obviously you do, otherwise you wouldn't have been going at it with me on this thread. When SCOTUS fails to give you the decision you want, you won't be so blase about it.

91 posted on 08/11/2005 7:40:28 AM PDT by inquest (FTAA delenda est)
[ Post Reply | Private Reply | To 89 | View Replies]

To: COEXERJ145
O'Connor has been skeptical of government powers. In 2004, she wrote that "a state of war is not a blank check for the president when it comes to the rights of the nation's citizens."

I don't think there are many down there who are citizens of the USA.

92 posted on 08/11/2005 7:54:58 AM PDT by OrioleFan (Republicans believe every day is July 4th, DemocRATs believe every day is April 15th. - Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: inquest
I wasn't lying.

Certainly you were. Very little I say is ambiguous, I say what I mean and I mean what I say. You took liberty with the truth by making a false assertion and then using that false assertion as evidence of my "unAmerican" views.

My standard reply to such crap is to tell that person to kiss my American ass. Consider yourself the recipient of the standard reply. I'm done being civil with you.

93 posted on 08/11/2005 5:43:51 PM PDT by jwalsh07
[ Post Reply | Private Reply | To 91 | View Replies]

To: jwalsh07
The only thing I took the "liberty" of doing was giving you the benefit of the doubt by assuming that you were making any kind of relevant point. Don't worry, I won't make the same mistake in the future.

In the meantime, I'm glad that you're apparently now not contesting the fact that presidential wartime conduct can be subject to judicial review. He's subject to the law at all times, and nothing in the Constitution says that the courts don't have cognizance of the law when it pertains to his conduct.

94 posted on 08/11/2005 7:41:29 PM PDT by inquest (FTAA delenda est)
[ Post Reply | Private Reply | To 93 | View Replies]

To: inquest

LOL, you really should seek help.


95 posted on 08/12/2005 5:00:34 AM PDT by jwalsh07
[ Post Reply | Private Reply | To 94 | View Replies]

To: jwalsh07
Nice try.
96 posted on 08/12/2005 6:42:03 AM PDT by inquest (FTAA delenda est)
[ Post Reply | Private Reply | To 95 | View Replies]

To: inquest

Nice lie.


97 posted on 08/12/2005 6:46:25 PM PDT by jwalsh07
[ Post Reply | Private Reply | To 96 | View Replies]

To: jwalsh07
It's pretty bizarre that as soon as someone misunderstands what you've said (assuming that's even the case here), you immediately play the "lie" card. The only plausible explanation is that the "lie" hit a little too close to home for you.

The fact remains that the judiciary has jurisdiction to act here, whether you approve or not. If you have anything further to say in regard to that, have at it. Otherwise, you're just trying to bluff a bad hand.

98 posted on 08/12/2005 7:41:34 PM PDT by inquest (FTAA delenda est)
[ Post Reply | Private Reply | To 97 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-98 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson