[MaximusRules]

Hammers the Hamdan Decision. If in a hurry read the conclusions which are fairly bold and contentious to overide the Court's opinion legislatively, some FREEPERS may dissent. It explains the purpose of the Geneva Conventions, provides a moral rational for dealing with detainees, harshly if needed and recommends several legislative solutions to the Supreme Court's decision...illuminating read that cut's through the media, liberal republcian fog.

[Cicero]

If we can't get our courts straightened out, we may be forced to repudiate the Geneva Convention. That would be a very sad thing to do.

But what good is a convention that we are held to but our enemies are not?

It didn't do much good in Korea. It didn't do much good in Vietnam. And apparently it will do more harm than good in the War Against Terror. So, how can we remain signatory to the Geneva Convention under those harmful conditions, which are more damaging than helpful to the welfare of our troops?

[muawiyah]

Hamden v. gives us a result that instructs the military to shoot first and take no prisoners.

I think this result turns the Geneva Convention on its head.

[lentulusgracchus]

I liked the writer's proposed legislative solution to Hamdan and all the werfling about the Geneva Convention going on among the liberals:

1) Affirm that the United State is in a state of War against terrorists and their sponsors until such time as the President determines that this state of War has ceased.

2) Reaffirm explicitly the Constitutional War Powers of the President and his prerogative in Foreign Policy.

3) Pass a law granting the President authority to determine and make the finding “who is a terrorist or member of a terrorist organization.”

4) Declare that to the extent that Islamic terrorists, such as the al-Qaida and Hezbollah organizations, and their sympathizers are resident inside the United States that constitutes a current and continuing state of rebellion against our Constitutional order. With that, pass legislation explicitly revoking the “right of habeas corpus” as only Congress is empowered to do under the Constitution for past, present and future terrorists, as designated by the President.

5) State that the Supreme Court, and if necessary, by name in case a justice somehow logically deduces Congress was acting in some alternative universe or parallel time, erred in Hamdan, both in their findings and in ignoring the vacating of their jurisdiction under the original Detainee Treatment Act.

6) Reassert that jurisdiction will be retained for detainees only at the Court of Appeals, for past, present and future cases and until Congress changes that jurisdiction by law.

7) Pass a law that states unequivocally that no aspect of the Geneva Convention can be construed as “judicially enforceable” for past, present, and future POWs or designated “terrorist detainees.”

8) Pass a law that states unequivocally that the Geneva Conventions do not apply to “unlawful combatants” and “terrorists” as designated by the President.

[bmwcyle]

Activism/Chapters not. Stop posting news here.