Posted on 06/17/2008 6:28:20 PM PDT by 2ndDivisionVet
THE GREAT ONE *PING*
Is it, as McCain suggests, indefensible to conclude that Congress exceeded its authority when, with the Military Commissions Act (2006), it withdrew any federal court jurisdiction over the detainees' habeas claims?
Absolutely! Article III Section 2 of the Constitution explicitly gives congress authority to limit Supreme Court jurisdiction: "with such Exceptions, and under such Regulations as Congress shall make." In 1866 congress did exactly that to deny the court habeas jurisdiction over post civil war southern rebels.
I would agree there. George Will leaves much to be desired. He is the pleasant conservative.
Thanx for the ping :-D
I’ve never considered Will a staunch conservative. He’s more like a pragmatic conservative with libertarian leanings. And that article of his definitely shows his libertarian side. Which Levin slapped down pretty well with this article. IMO
George Will should perhaps confine himself to baseball.
Good one! Thanks for the ping FF
Will just does not understand what a POW is. A POW:
1. is not a criminal. They may well and often are viewed as having been doing their duty.
2. is detained, not being punished. They may not have ever fired a weapon. When a mortar rains down upon your position, you fight the guys in front of you dont go try to arrest those that fired the mortar.
3. is only put on trial if they committed war crimes which quited different than ordinary crimes and even very separate from even shooting US soldiers.
4. is detained until the war is over. Al Quaeda could surrender tommorrow and we would begin processing the non-war criminals out at Gitmo as soon as we were convinced it was a legit surrender.
Will has hung around too many DC lawyers and clearly does not understand that this is not a matter of criminal law.
Sorry....George Will is brilliant. Can’t change that fact.
Disagree if you must, but don’t diminish his intellect.
He is very good when speaking about baseball however. LOL!
Not even as a passing thought.
Yeah, on June 6, 1944, we should have invaded Normandy with a bunch of lawyers.
Absolutely! Lawyers should comprise the first wave of any attack.
Unfortunately, George Will is just another casualty of being too long in Washington and losing touch with real America.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
bttt
Levin bump
“Mark R. Levin: Defending McCain Against My Will”
Mark I love ya but I’d have a hard time defending him.
Will’s column MUST have been written by someone else - like a nephew with a malicious sense of humor. I’m not a fan of Will, but even he couldn’t write such a stupid article without help.
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