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This is my analysis of the Hamdan decision, handed down this morning, and in part of the defective press coverage of it. It's a long read, and hard-slogging, but I think you'll find it useful.

I wrote this up in part in preparation with a live interview with Jerry Agar on the news in Kansas City at 6 pm local time, 7 pm, Eastern. So, I can't stay around for comments, but I'll check in after that broadcast.

John / Billybob

1 posted on 06/29/2006 3:50:20 PM PDT by Congressman Billybob
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To: Congressman Billybob

It never ceases to amaze me how wimpy and deflated congress is when the SCOTUS challenges their authority. If the President were to do so, I believe the outrage from the Democrat aisle would be heard from here to the moon.

But let the SCOTUS usurp their authority, which it reguarly does, and they slink off into corners with their tails between their legs.


152 posted on 06/30/2006 2:40:48 PM PDT by prairiebreeze (It takes ideas and optimism to win elections. The DemocRATS have neither.)
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To: Congressman Billybob
Not sure of this, but is the power to take away jurisdiction in a pending case the power to pass an ex post facto law?

Example:

On day 1, Muslim terrorist A converts his AK - 47 rifle to an automatic weapon.

On day 2, A is caught and charged with violating the 1968 Gun Control Act and the Volckner Act.

On day 3, A begins his court proceedings. At that time, he is entitled to have his case heard by the ACOD (appellate court of dimwits.)(referred to in some sources as the Ninth Circuit Court of Appeals)

In a brilliant political stroke some time ago, President Bush nominated Hillary Clinton to the ACOD, figuring that she can't make the ACOD any worse than it already is. Congress ratified the nomination unanimously so that they would also not have to listen to her shrieking anymore. (The ACLU lobbied desperately against the nomination, but Ted Kennedy and Charles Schumer were having none of it.)

On day 10, A is convicted and announces an appeal to the ACOD.

On day 11, Congress is horrified when they realize that this is exactly the kind of second amendment case Hillary Clinton would support, and Judge Clinton has previously stated that the right to kill Christians and Jews and other Americans is part of a terrorist's political free speech, therefore inviolate as long as they do not sell tickets to the massacre within 30 days of an election.

Congress then creates the Appellate Court Of Die Terrorist Scum, whose members must make successful head shots at 600 yards on Cindy Sheehan targets in order to be nominated. Congress transfers original jurisdiction for A's case to the ACODTS.

All kidding aside, the law they just passed has an ex post facto effect, doesn't it?

156 posted on 06/30/2006 4:29:53 PM PDT by sig226 (There are 10 kinds of people in the world: those who understand binary and those who do not.)
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To: Congressman Billybob
Grab yer pichforks everbody......let's roll !

this is why judicial appointments are so very critical..... and the leftists certainly seem to know it better than the right !

Al Qaeda knows it too !

164 posted on 06/30/2006 7:51:04 PM PDT by KTM rider ( Support Our Troops Donate to Irey)
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To: Congressman Billybob

John, when Limbaugh covered your essay on his show I was outraged at the media misrepresentation of this ruling. Now that I've read your essay, I'm even more animated! This manifestation of a leftist unconstitutional court of 5 subpremes is why we must keep control of the branches of congress and the White House until the leftist sludge is in the minority on the high court.


192 posted on 07/01/2006 6:36:22 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: Congressman Billybob; B4Ranch; shaggy eel

<< The Court is, in effect, saying that "[It owns] the Law" and "neither Congress nor the Constitution should control the actions of this Court."

And that point, which is avoided in the press coverage, is harmful far beyond the confines of the various cases involving Gitmo prisoners. >>

Brilliant analysis, brilliant piece. Thank you.

God save our beloved FRaternal Republic from this tyrannical gang!

And what price The Second American War of Independence -- by any other name?

BUMPping [Cop a load of this!]


197 posted on 07/02/2006 11:30:32 PM PDT by Brian Allen (And as for me -- Give me Liberty -- or give me death!)
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To: Congressman Billybob

"And this is the greatest defect in the press reporting on this case. A majority of the Court has thumbed its nose at both the Constitution and Congress by refusing to obey the 2005 law withdrawing its jurisdiction. The Court is, in effect, saying that “we own the law,” and “neither Congress nor the Constitution should control the actions of this Court.”


The money quote from John.

Thank you for the excellent analysis and putting it all into more easily understood terms.

Regards


200 posted on 07/04/2006 9:34:56 AM PDT by headstamp (Nothing lasts forever, Unless it does.)
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