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Phillygirl
06-13-2008, 10:48 AM
As the world has just learned, the Supreme Court of the United States ruled 5-4 yesterday that “for the first time in our Nation’s history, the Court confers a constitutional right to habeas corpus on alien enemies detained abroad by our military forces in the course of an ongoing war.” So summed up Justice Scalia in a stinging dissent in which he was joined by justices Roberts, Thomas, and Alito. Justices Kennedy, Stevens, Souter, Ginsburg, made up the majority Breyer.

There is much that can be said about the Boumediene v. Bush decision:

* How the Court was able to review the case, in light of its long-standing practice of waiting until lower federal courts have an opportunity to rule.

* How the majority torturously construed the English and American constitutional history of habeas corpus.
* How the majority dishonestly eviscerated its controlling precedent on habeas corpus.
* How habeas corpus was never intended to apply, and never did apply, to unlawful enemy combatants captured outside the United States.
* How the processes established by the political branches—Congress and the President—for handling unlawful enemy combatants more than satisfied the Constitution.
* How the majority was able to invalidate the Detainee Treatment Act.
* How the decision will severely compromise the military’s effectiveness in fighting terrorism.

* How the judicial usurpation of presidential war-powers has now become nearly complete.
* How this contra-constitutional coup has been engineered by a razor thin 5-justice majority of the Court, three of them having been appointed by Republican presidents (Stevens: Ford, Kennedy: Reagan, Souter: Bush I) and the other two by Republican bandwagoneers in the Senate (Ginsburg and Breyer).

All this and more—important as it is to our Constitution, our Nation, and our national security—will be discussed at length in the days to come, as Justice Kennedy’s majority opinion in Boumediene receives the scrutiny and obloquy that it deserves. But those discussions will have to wait, because in this election year there is a more fundamental aspect of the decision that needs to be considered.

In his dissenting opinion, Chief Justice Roberts said this about the now-unconstitutional Detainee Treatment Act (“DTA”):

"The majority rests its decision on abstract and hypothetical concerns. Step back and consider what, in the real world, Congress and the Executive have actually granted aliens captured by our Armed Forces overseas and found to be enemy combatants:

· The right to hear the bases of the charges against them, including a summary of any classified evidence.

Link to article (http://frontpagemag.com/Articles/Read.aspx?GUID=62C36531-B083-4423-8DDB-632FE45D399D)

LogansPapa
06-13-2008, 10:53 AM
The president was pissed about having to eat a very large turd sandwich yesterday.

I don’t feel the decision was correct, in fact I think virtually all of these terrorists should be executed, once tapped for information, but that's the way it goes. Sometimes the law gets in the way.

Vepr
06-13-2008, 10:56 AM
I know it won't help our intel any but just don't take anymore prisoners. Problem solved. Probably save us some money also.

"Did we capture any? Nope all dead..."

dixierat
06-13-2008, 12:05 PM
I know it won't help our intel any but just don't take anymore prisoners. Problem solved. Probably save us some money also.

"Did we capture any? Nope all dead..."

I think thet may wind up being the net affect opf the decision. If I was a troop in the field, I'd be reluctant to take a prisoner now. Pop'em in the head and let Allah figure it out.

:cool:

gator
06-13-2008, 12:10 PM
The president was pissed about having to eat a very large turd sandwich yesterday.



How about Congress?

I think everybody in America had to take a bite of it.

This will go down in history as one of the worst decisions ever made by the SCOTUS.

Vepr
06-13-2008, 12:14 PM
This does not give me a warm fuzzy about the pending DC firearms decision.

LogansPapa
06-13-2008, 12:20 PM
How about Congress?

I think everybody in America had to take a bite of it.

This will go down in history as one of the worst decisions ever made by the SCOTUS.

Maybe.

What disturbs me more about this - is that this was a military operation. Strictly and confidentially. The press, in general, should be strung up by its collective heals for the American public being made aware of the existence of these rodents on a military reserve. That’s not our business - just like the military trials, of their own, when they screw up.

What did we, as Americans, gain by this knowledge? :confused:

gator
06-13-2008, 12:25 PM
This does not give me a warm fuzzy about the pending DC firearms decision.

I think the absolute best we can expect from Heller is the law in DC is overturned and the right to bear arms is declared an individual right. I suspect that even in doing that the SCOTUS will put in some goddamn weasel words like "reasonable regulation" is allowed. I don't think they have the guts to do the right thing with respect to the Second Amendment.

Don't ever trust the government. They are not our friends and they are not here to help us.

The military will turn on us in a second if ordered to.

The police will turn on us in a second if ordered to.

The legislatures will take our money from us and pass laws to take away our rights.

The courts will make decisions based upon emotion rather than the Constitution.

We have lost the Republic and the Constitution. We need to restore both but we all are too weak to do it.

dixierat
06-13-2008, 12:30 PM
I think the absolute best we can expect from Heller is the law in DC is overturned and the right to bear arms is declared an individual right. I suspect that even in doing that the SCOTUS will put in some goddamn weasel words like "reasonable regulation" is allowed. I don't think they have the guts to do the right thing with respect to the Second Amendment.

Don't ever trust the government. They are not our friends and they are not here to help us.

The military will turn on us in a second if ordered to.

The police will turn on us in a second if ordered to.

The legislatures will take our money from us and pass laws to take away our rights.

The courts will make decisions based upon emotion rather than the Constitution.

We have lost the Republic and the Constitution. We need to restore both but we all are too weak to do it.

Not necessarily true. ALL of the military may have a problem with shooting at us. We are, after all, their fathers, brothers, sister, and mothers. The means to restore the Republic may not require violence on our part. But it probably will. The last several Presidents have all acted like kings while the Congress critters act like lords. They won't give up that power easily.

:cool:

Molon Labe
06-13-2008, 03:34 PM
How about Congress?

I think everybody in America had to take a bite of it.

This will go down in history as one of the worst decisions ever made by the SCOTUS.

Do you think this decision is even remotely a step toward reestablishing Habeus corpus and ending the Patriot act?.........I initially was onboard when this was implemented, but after 8 years of learing what it's been used for, I am not longer keen on that piece of legislation or the Military commissions act. Some seem to think the same way.

What to make of this article?

http://www.salon.com/opinion/greenwald/2008/06/12/boumediene/index.html

I also was not fully aware of the scope of the Habeus Corpus in the constituion. I personally don't think these conditions apply to American's to suspend it.


Article 1 section 9: The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

Constitutionally Speaking
06-13-2008, 06:49 PM
The president was pissed about having to eat a very large turd sandwich yesterday.

I don’t feel the decision was correct, in fact I think virtually all of these terrorists should be executed, once tapped for information, but that's the way it goes. Sometimes the law gets in the way.

Which Law????? The one they MADE UP with this decision???!!!!!

gator
06-13-2008, 07:00 PM
Do you think this decision is even remotely a step toward reestablishing Habeus corpus and ending the Patriot act?.........I initially was onboard when this was implemented, but after 8 years of learing what it's been used for, I am not longer keen on that piece of legislation or the Military commissions act. Some seem to think the same way.

What to make of this article?

http://www.salon.com/opinion/greenwald/2008/06/12/boumediene/index.html

I also was not fully aware of the scope of the Habeus Corpus in the constituion. I personally don't think these conditions apply to American's to suspend it.

It is not a question of applying it to American citizens. It is a question of whether or not it applies to foreign enemy combatants.

I don't think Habeas Corpus was extended to captured British soldiers after 1776, do you? I don't think it was extended to Indians or anybody captured during the War of 1813. I don't think captured Southerner troops were granted that right, do you? We sure as hell didn't do it in WWI, WWII, Korea and Vietnam.

This is a Supreme Court going amok.