Posted on 06/13/2008 4:26:54 PM PDT by Josh Painter
In reading the majority opinion I am struck by the utter waste that is involved here... all those years... studying how adherence to legal precedent is the bedrock of the rule of law, when it turns out, all they really needed was a Pew poll, a subscription to the New York Times, and the latest edition of “How to Make War for Dummies.”
It is truly stunning that this court has seen fit to arrogate unto itself a role in the most important issue facing any country, self-defense, in a case in which Congress has in fact repeatedly acted. This was not a case where Congress did not set the rules; it did. But the court still decided – in the face of overwhelming precedent to the contrary – to intervene. This decision, or course, will allow for "President Bush Is Rebuffed” headlines, the implication being that the Administration was caught red-handed violating clearly established Constitutional rights when in fact the Administration, and the Congress for that matter, followed guidelines established by the Supreme Court itself in prior cases.
People can disagree over whether Congress got it right, but at least members have to face the voters. What remedy do people have now if they don’t like the court’s decision? None. If that thought is not enough to cause concerned citizens to turn out on Election Day to elect a new president, then I don’t know what will be.
I also find it just a tad ironic that in a case involving habeas corpus, which literally means that one must produce a body (or person) before a court to explain the basis on which that person is being detained, the decision of this court may mean more fallen bodies in the defense of a Constitution some of these justices ignored.
(Excerpt) Read more at townhall.com ...
Would it have killed you?
(just my opinion.)
FDT bump
And, that’s why I still like Fred...
Clear headed and rational.
I don’t think Fred can make another run at the Presidency. However, I’ve always seen him as SCOTUS material. And he is a Friend of John. The Senate would have a very tough time knocking Fred down.
(Note I'm touting him for SCOTUS)
FRed Ping!!
You’re easy. I’m holding out for McCain to drop dead at the convention, and FRed becoming the nominee. :)
(Don’t get your panties in twist, all you sensitive/easily offended people. I don’t REALLY want the man to drop dead.)
From a former hard core fredhead, I agree.
OTOH, would I really want a POTUS who couldn’t even tough out a primary campaign at least until super Tuesday? And, to pour salt on the wounds, not even have the courtesy to publically make an announcement or send an email to donors and supporters?
It is truly stunning that this court has seen fit to arrogate unto itself a role in the most important issue facing any country, self-defense, in a case in which Congress has in fact repeatedly acted. This was not a case where Congress did not set the rules; it did. But the court still decided – in the face of overwhelming precedent to the contrary – to intervene. This decision, or course, will allow for "President Bush Is Rebuffed” headlines, the implication being that the Administration was caught red-handed violating clearly established Constitutional rights when in fact the Administration, and the Congress for that matter, followed guidelines established by the Supreme Court itself in prior cases.
On the contrary, we may simply conclude that the kangaroo symposium is a pack of fools and ignore everything they say. They are five fools in silly overshirts. They haven't a scrap of power among them. Our voluntary obediance to their every inanity is all there is, and we can withdraw it at will tomorrow. And we should.
He sent me a very nice letter. The letter impressed me as being much more refined and respectful than the usual campaign hard sell letters.
So five liberal old fools shuffle into their black robes and pontificate one more stupid decision. These five geezers are way beyond their expiration date and deserve to be removed from office. This affects the safety and defense of the United States and a 5-4 decision is not sufficient to shield these traitors from our anger.
As long as the Dims are in control of the Senate, Fred will never see the inside of a hearing room.
"In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
Black letter law. If the congress makes an exception to supreme court jurisdiction, which it has here as recently as 2006, then the court simply has no jurisdiction, and nothing is says on such subjects has the slightest force. They are just five private individual pontificating. All the rest of us only contracted to listen to them *within* the sphere our *representatives* decide. When they deliberately step outside that sphere, they cease to be our agents and revert to their natural capacity as private windbags. We can ignore them, utterly.
Oh, I got a letter, a month later. Many, right here on FR, complained of the same thing. Still, that does nothing to negate my point.
SCOTUS sounds like a great spot for Fred!
I’d take it. :)
Fred’s too old for Supreme Court, but he would do a good job of being a recess appointment if Congress refuses to approve the next conservative nominee. I’d appoint Bork for that, first, but Fred would be a good one, too.
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