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To: Red Steel
personal liberty that is secured by adherence to the separation of powers," Kennedy said.

The Boumediene v. Bush decision was a power grab by five justices or more specifically by Kennedy. The Constitution created three branches and it did not make the court supreme to the other two branches. Article III Section 2 second paragraph; establishes that the supreme Court shall have Jurisdiction “with such Exceptions and under such Regulations as Congress shall make.” The Military Commissions act explicitly stated that the military tribunals were constitutional and the courts to which enemy combatants had access. The Supreme Court has declared that they believe the courts are supreme to congress and entitled to makeup the rules for how to judge enemy combatants, then apply the rules that they make up, and order the other branches of government and the citizens to obey the judicial tyrants. If Congress were interested in anything other than playing politics, like asserting their constitutional authority to write the rules that the courts apply, then Congress would attempt to maintain the balance of power necessary for our Republic.

6 posted on 06/15/2008 12:27:20 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Libertarianize the GOP

Pretty soon you will see General “Midnight Jogger” Souter telling the 101st Airborne where they may place their drop zones.


7 posted on 06/15/2008 12:30:16 PM PDT by stan_sipple
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To: Libertarianize the GOP

What law firm was behind Boumediene and what law firm and what individuals plead the case before the Supreme Court?


18 posted on 06/15/2008 1:09:06 PM PDT by dennisw (We have an idiocracy not a democracy)
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To: Libertarianize the GOP
Article III Section 2 second paragraph; establishes that the supreme Court shall have Jurisdiction “with such Exceptions and under such Regulations as Congress shall make.” The Military Commissions act explicitly stated that the military tribunals were constitutional and the courts to which enemy combatants had access.

I am aware of Art III Sec 2, but not of the clause in the MCA. Since you obviously read much on the subject, do you know if and how the dissenters referenced the MCA clause?

If the majority clearly ignored its lack of jurisdiction, then we have a lot more than run of the mill liberal abuse of power, we have no sh!t impeachable offenses.

59 posted on 06/15/2008 2:46:13 PM PDT by Jacquerie ('Tis a pity that judicial tyrants do not fear for their personal safety.)
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