We have three branches of government. The executive, the legislature, and the judiciary. The executive, as head of state, has the inherent power to oversee the foreign affairs of the United States. Although his power is not plenary, it is very strong.

The Legislature has a check on that power through its power of the purse. If it does not agree with the President it can hold on to the funds the president needs to execute policy. Here, Congress acted by enacting the Detainee Treatment Act, which laid out the jurisdiction of the federal courts regarding the detainees. Congress has this power under Article I, Section 8, Clause 9 of the Constitution.

So Congress acted to endorse the policies adopted by the executive here. The Court chose to intervene in the war policy here by giving illegal enemy combatants rights to challenge their respective detentions in federal civilian courts.

The thing that is so wrong with this decision is that we didn’t confer the same right to the Nazis in WWII. The Nazis were at least wore military uniforms and we knew who they were. These people do not operate under the minimal rules provided under the Geneva Conventions. The Court essentially ignored legal precedent and the Constitution.

That my friends is an honest analysis of the situation. We must not get overjoyed by decisions based off faulty legal reasoning just because we agree with the result. The law is not based on what is right or wrong from the justices’ respective view points. The law should be applied to the facts.

Here it seems that the justices had a result in mind and made the law fit that result. I don’t know, but that scares me considering they created new law that never existed. Recall that document we have called the Constitution, Article I grants the legislative power in the bicameral legislature, i.e., the House of Representatives and the Senate.

Before you start talking about constituional issues, it might be wise to at least read the constitution and maybe some of the relevant cases to the issues you are discussing.

Suggested reading for next class:

Johnson v. Eisentrager, 339 U.S. 763 (1950);

For cases directly on this issue read:

Hamdi v. Rumsfel, 124 S.Ct. 2633 (2004); Rasul v. Bush, 124 S.Ct. 2685 (2004);

Class Dismissed!

“Everyone at Guantanamo is guilty because the President says they are!”

I don’t think you have to wonder very hard.

I would not be in the least surprised if Justice Scalia retired sooner rather than later (maybe moved it up six months or so) to assure that Sen. Obama not choose his replacement. Even after the election he’d still have a few months, though if I understand the system, it’s possible Reid’s senate (assuming it’s still Reid’s post-November) could stonewall the choice into February.

“”So the Supreme Court followed to constitution and you think that’s a problem. Simply amazing. The constitution is the law, following the constitution is not creating new laws.”"

Weirdly, in the good ol’ days of ‘guns, God and gold’ conservatism, supporting the superiority of the legislature over the executive was a conservative position. One wonders how certain hyper-partisans would feel about this decision, had the president been of a different party.

So the Supreme Court followed to constitution and you think that’s a problem. Simply amazing. The constitution is the law, following the constitution is not creating new laws.

By the way, if you are a legislator and can’t figure out how to protect American and follow the laws, quit. Quit now and find a job that is less demanding.

As for Roberts and (Sc)Alito: they are Bush appointees; therefore, they most likely are crooks. And SC justices CAN be impeached for misconduct.

each of those idiots will be on our court for the next 20-30 years…

even if we can somehow rid ourselves of the bush administration (and mccain’s attempt to extend it) in november, those 4 bozos on the Supreme Court will be haunting us with bush’s bullshit for generations to come.

we need to win in november…or else…

What, as opposed to “legislation by Presidential fiat”, the way we’ve been doing it?

Shorter Supreme Court: Habeas corpus lives, bitches.

Kill ‘Em All, Let Allah Sort ‘Em Out.

Works for me.

By the way, if the definition of “legislation by judicial fiat” needs a new picture in the dictonary, this decision will do nicely.