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

To: Dan(9698)
If the Supreme Court found that to be constitutional, it is fair to state that the constitution provides for Military Commissions or Tribunals.

Well, I don't have the same confidence in their ability to always get the Constitution right, but like I said, it's not on the same level with the explicit constitutional provisions for civilian courts and the whole system of checks and balances. As such, it shouldn't be taken for granted, and even if we assume that the supreme court got it right in that particular case, it needs to be examined in the full context of that case, so as to avoid drawing too many unwarranted conclusions from it.

82 posted on 02/17/2006 3:50:04 PM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
[ Post Reply | Private Reply | To 81 | View Replies ]


To: inquest
...and even if we assume that the supreme court got it right in that particular case, it needs to be examined in the full context of that case, so as to avoid drawing too many unwarranted conclusions from it.

Look it up, it is Ex Parte Queran. It was decided 9 to nothing.

That case is very instructive because it goes back to the start of the Laws of War and explains the whole history.

You will understand a whole lot more about the Laws of War, Military Commissions and everything connected with it.

You can probably find it in FR archives. That is where I saw it. (The whole decision, not just an article about it.)

86 posted on 02/17/2006 4:00:47 PM PST by Dan(9698)
[ Post Reply | Private Reply | To 82 | View Replies ]

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