Posted on 06/30/2006 7:05:56 AM PDT by khnyny
Liberty may have been the traditional casualty of war, but common sense is its new colleague. The Supreme Court, trying hard on the anniversary of last term's Kelo decision to find a suitable sequel, performed a rare triple loop in Hamdan v. Rumsfeld. It found jurisdiction in the face of a statute directly taking jurisdiction away from the Court. It second-guessed the President on the need for particular security features in trials of suspected al Qaeda terrorists. And it gave hope to One-World-ers by leaning on international common law to interpret U.S. federal law. If that weren't enough, the (left, lefter, and far left) turns were executed in the course of giving a court victory to Osama bin Laden's driver. What a perfect way to end the term!
The case challenged the Bush Administration's plan to use military tribunals to try Guantanamo detainees as enemy combatants who are neither within the criminal law and due process protections of the U.S. Constitution nor within the protections afforded prisoners of war by the Geneva Conventions. The Administration has been assiduously trying to prevent al Qaeda terrorists from learning what it knows and doesn't know about their operations - an effort opposed by The New York Times, the left side of the Democratic Party, and most of France. Its plans for trial by military commission and its detention at Guantanamo of al Qaeda suspects captured outside the United States are part and parcel of that effort.
(Excerpt) Read more at realclearpolitics.com ...
BTTT
This should be the one decision the Congress could have used to assert some kind of oversight on the Court, and could have been the decision the President simply ignored, thus sapping the arrogated authority.
But, nobody with any sense also has any courage, but will just supinely take what the Imperial Court deigns to allow them.
Impeachment should follow this, but I don't think it will. Still, I would firmly and loudly support the effort.
Can we impeach SCOTUS?
If you mean can ordinary citizens, then the answer is no. Could the US Congress do so? You betcha, had they the courage and moral fiber to do so.
Looks like we'd better think again.
One more...
After this recent ruling, every American needs to understand what is happening. Don't listen to the smug smiling faces of the MSM today saying "well, that's the rule of the law", because it's really not.
By reminding everyone about the terrible Kelo decision, we remind them that while the USSC may be the final decider on an assortment of issues, they are far from correct on the issues.
[By reminding everyone about the terrible Kelo decision, we remind them that while the USSC may be the final decider on an assortment of issues, they are far from correct on the issues.]
Anyone can write an "opinion", even a Supreme Court Justice, that doesn't make it right.
Everyone should read the book "Men in Black."
Then they should.
"Congress DID pass a law (the Detainee Treatment Act discussed here) specifically to remove these Gitmo cases from review by the courts. The USSC ignored that law."
And that should be the reason the president ignors the opinion and the congress endorses the action.
When pigs fly or when liberals speak the truth.
I understand that, and have seen pundits point this out. So, this being the case, I think the Prez does have a case (had he the intent) to actually and literally ignore this ruling.
After all, how many cops do the Supreme Court have and what would happen to their precious ruling majority when CJ Roberts doesn't have to recuse himself?
I just can't help but think that none of this would be happening if we had had a formal declaration of war on Al Qaeda after 9/11, just as folks like Newt Gingrich had called for...
Our former understanding of the legal definition of "war" is insufficient for this current campaign. Al Qaeda isn't a country, it's a collection of individuals bound together by a vicious and brutal ideology that demands the death and/or complete submission of the "infidel". This is widespread terrorism, something probably not envisioned by our founders when they drafted the Constitution.
The Constitution works fine in this war- if the courts allow it to. It was written with a keen awareness of terrorism.
People forget our Founders spent their whole lives fighting vicious tribal fanatics before they wrote the Constitution and after.
Al Queda is no more capable of "out-terroring" my indian forebearers than Dagwood Bumstead.
If you really think that's a valid comparison, perhaps you ought to take a trip to the ME.
I have just a Few Other LINKS to--that make I will put togther also .
Some on just on some "Outside" sources--to hear what everyone else has said onthis already-- and others on on "Side Topics ":
WHO Was Involved--who was Motivated by seeing this vote turn out as it had, Who were the Winners on the LIBERAL SIDE--and what Liberal GROUPS have also been fighting to bring America down and lower our National Security Efforts.
----HAMDAN V.S. RUMSFELD : The Wikipedia version. Actually contains alot of info and additional Links.
http://en.wikipedia.org/wiki/Hamdan_v._Rumsfeld#Reaction_to_the_decision_from_the_United_States_government
---CENTER FOR CONSTITUTIONAL BS Rights.
http://en.wikipedia.org/wiki/Center_for_Constitutional_Rights
---Micheal RATNER-Who is he--and why.
http://en.wikipedia.org/wiki/Michael_Ratner
---ZACHARY KATZNELSON- from the Liberal Org " REPRIEVE". Although HIS Name doesn't exactly "get Around" much--nor does he Take credit or is Given Credit in any othe the socalled Organizations He is STATED to Belong or contribute to!--I wonder why he is hiding this info from the Press and public--TRY to do a "SEARCH" yourselves to find INFO on him!
http://www.reprieve.org/about_history.htm
I also Plan to start a Thread post with Backround Information on RATNER & the Rest Involved in this INCLUDING Their--ADDRESSES--PHONE NUMBERS---E-Mail's--Place Posting On-Places Visited--Home and Business Addresses. Just In case ANYONE Interested would like to mail, talk, MEET with any of these Enemies to America and Democracy over the Globe. We ALREADY KNOW all the info on all the Other Traitors to America--just look up " Info on democrat Senate/Congress Directory " on the WEB.
Darth Airborne : " Women Crave him!...Liberals FEAR him!..."
I believe the Barbary Pirates are close enough to set such a precedent.
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