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Let There Be Law
The Washington Post ^ | Sunday, July 2, 2006 | Editorial

Posted on 07/02/2006 4:24:37 AM PDT by edpc

THE SUPREME Court's rejection of the Bush administration's plan for terrorist trials has rightly been seen as a rebuff of the president's unilateral legal approach to fighting al-Qaeda. But in a subtler way, it is also a profound rebuke to Congress. The nation's legislature has mostly sat on the sidelines for the duration of the war on terror, letting the administration make its own rules -- and ride roughshod over the law as well as fundamental American values. The court's action forces the administration to invite Congress into the process of designing trials for enemy combatants. This presents a major opportunity to bring the legal framework of this conflict -- and the country's political system -- back into balance.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Foreign Affairs; Government; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: baddecision; gitmo; guantanamo; nationalsecurity; scotus; wot
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The Supreme Court has created the chance to bring real law to the war on terror -- if Congress is willing to do its job.

Sure, let's box ourselves in with 'rules' on fighting people who observe no boundaries. This 'legal' and 'law enforcement' approach is the same impotent, failed policy of the Clinton administration in the '90s. We know how well that worked.

1 posted on 07/02/2006 4:24:38 AM PDT by edpc
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To: edpc

Why don´t you try these inmates all for "membership in a terrorist organisation"? Give each 20-30 years and the affair is over. You know that none of them will be executed by the US, so such a solution would serve the US´ interests at best, especially regarding the descending popularity of America. And please spare us "we don´t care about world opinion" - it makes a differences when a majority of people in allied countries consider the US a bigger threat to peace than the PR China!


2 posted on 07/02/2006 4:30:17 AM PDT by Michael81Dus (1954, 1974, 1990, 2006)
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To: edpc

The irony is the Court intentionally misinterpreted the Detainee Treatment Act that Congress passed to reach the decision.


3 posted on 07/02/2006 4:39:28 AM PDT by tort_feasor (FreeRepublic.com - Tommorrow's News, Today)
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To: edpc
The nation's legislature has mostly sat on the sidelines for the duration of the war on terror, letting the administration make its own rules -- and ride roughshod over the law as well as fundamental American values.

No, Congress did not. Congress specifically said that SCOTUS had no jurisdiction in this case, but SCOTUS ignored that. And the WashPost cheers on the usurpation.

4 posted on 07/02/2006 4:40:27 AM PDT by dirtboy (When Bush is on the same side as Ted the Swimmer on an issue, you know he's up to no good...)
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To: edpc

"and ride roughshod over the law as well as fundamental American values"

When it comes to American security and values, the Post and its filthy America hating fellow media wouldnt know our values if they hit them in the face.


5 posted on 07/02/2006 4:42:37 AM PDT by Go Army.com
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To: Michael81Dus

We DON'T care about other countries opinions.


6 posted on 07/02/2006 4:46:15 AM PDT by calex59 (The '86 amnesty put us in the toilet, now the senate wants to flush it!)
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To: edpc
THE SUPREME Court's rejection of the Bush administration's plan for terrorist trials has rightly been seen as a rebuff of the president's unilateral legal approach to fighting al-Qaeda.

Maybe it has by the ignorant elite. To the rest of us, it's an abuse of its authority under the Constitution. Has anyone heard Sen. Spector call for hearings about this judicial abuse of power, yet?
7 posted on 07/02/2006 4:50:00 AM PDT by Lord Basil (Hate isn't a family value; it's a liberal one.)
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To: edpc

I love it when the press characterizes this President making a decision as "(ride roughshod over the law)" When no laws are on the books that apply to the handling of Al-Qaeda terrorist enemy combatants, i.e., non members of the Geneva Convention. So he makes a decision as CINC in war time the SCOTUS says it isn't the right decision so Congress passes a law noting more then a healty democracy at work here...


8 posted on 07/02/2006 4:52:07 AM PDT by tomnbeverly (The calm 2006 hurricane season is a Karl Rove political stunt to refute Global warming claims)
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To: Go Army.com

"And the WashPost cheers on the usurpation."

Of course the Washington Post is excited. Judicial Actitivism at the highest level. A dream come true for the MSM. Only the courts can reject those things that most mainstream Americans vote for again and again. The Dems have managed to set the stage for a system where elections are meaningless by stacking the courts with stooges.


9 posted on 07/02/2006 4:55:09 AM PDT by onevoter
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To: calex59

Now that you´ve proven that you can write, you just need to prove that you can read.


10 posted on 07/02/2006 5:27:32 AM PDT by Michael81Dus (1954, 1974, 1990, 2006)
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To: edpc
Perhaps some of the "geezerly" justices were most thrilled that they were able to overturn a previous decision made by that young upstart John Roberts, who now has the coveted position of Chief Justice.

Freud might think they are exhibiting "Chiefness Envy."

The MSM takes the position that USSC's recent decision is a slap at Bush (or a slap at Congress).

If it is a slap at anyone, it could be a slap at Roberts.

11 posted on 07/02/2006 5:44:27 AM PDT by syriacus (Are "anti-tribunal" justices exhibiting "Chiefness" envy of John Roberts?)
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To: edpc

12 posted on 07/02/2006 6:01:42 AM PDT by pabianice
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To: edpc

Send them for trial and imprisonment in Iraq or Afganistan far beyond the reach of our court system.


13 posted on 07/02/2006 6:13:51 AM PDT by scottteng
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To: Michael81Dus
....it makes a differences when a majority of people in allied countries consider the US a bigger threat to peace....

It makes a difference to whom? If a majority of people in allied countries have this opinion, perhaps they should not be considered allies. Also, if a majority of people hold an incorrect opinion, it's not incumbent upon us to risk our security to appease their misguided fears.

14 posted on 07/02/2006 6:15:29 AM PDT by edpc (What we obtain too cheap, we esteem too lightly - Thomas Paine, American Crisis)
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To: edpc

Let there be law, unless it's just about sex.


15 posted on 07/02/2006 7:00:16 AM PDT by thoughtomator (Famous last words: "what does Ibtz mean?")
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To: thoughtomator
Sexx Laws - Beck
16 posted on 07/02/2006 7:28:50 AM PDT by edpc (What we obtain too cheap, we esteem too lightly - Thomas Paine, American Crisis)
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To: edpc

The Supreme court abandonded the Rule of Law when they
divorced our law from the General law of Nature dictated by God Himself-and the positive priciples of divine Law reflected in Scripture. When the divided Supreme Court erected a "wall of separation" they divorced themselves
from Law and mandated the nation to join them in their apostacy.Now the "despotic branch" claims Law ( as only they can interpret it) over the reason these enemies have been detained?


17 posted on 07/02/2006 8:04:27 AM PDT by StonyBurk
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To: edpc
I think it would be safe to say that terrorists are the most dangerous criminals on the planet. The USSC proclaims that they are to be given the protection of the Geneva Conventions. All this leads me to one question. What is the point of being a signatory to the Geneva Convention?

 

 

18 posted on 07/02/2006 8:22:02 AM PDT by HawaiianGecko (Timing has a lot to do with the outcome of a rain dance.)
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To: tort_feasor
The irony is the Court intentionally misinterpreted the Detainee Treatment Act that Congress passed to reach the decision.

Interesting, isn't it, that the least known fact about the decision is that the Congress took jurisdiction away from the Supremes, and they asserted the right to decide it anyway. Congress should immediately pass an amendment to that law saying, "no, we meant to take away jurisdiction from pending cases, too." In addition they can pass a law that the Geneva convention does not apply to enemy combatants, and deny jurisdiction over the issue to the courts, "and, by the way, that means pending cases you jerks."

One of the things that people need to realize about our system is that each of the three branches, including the judiciary, is capable of violating the constitution. The other branches have to protect themselves when this happens, through their vaunted checks and balances. When the judiciary does it, the executive is duty bound, by his oath of office and his need to preserve the President's powers for his successors. A President should explain what he is doing and why, and if he is clearly right, as he is in this case, he can get away with it and make the court look bad in the process. That will tend to deter the court from overstepping its bounds.

19 posted on 07/02/2006 8:26:57 AM PDT by Defiant (MSM are holding us hostage. Vote Dems into power, or they will let the terrorists win.)
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To: edpc

Well, the government of Spain has withdrawn its troops from Iraq and so does the new government of Italy. The US should not forget to keep the standard level we use(d?) to have in the western hemisphere. If you think you can live without allies - you´re about to start the party! Recklessness has never brought many fruits.


20 posted on 07/02/2006 10:00:12 AM PDT by Michael81Dus (1954, 1974, 1990, 2006)
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