To: CreativePerspective
The hate Bush contingent at the New York Times strikes again. The Boumediene v. Bush decision was a power grab by five justices or more specifically by Kennedy. The Constitution created three branches and it did not make the courts supreme to the other two branches. Article III Section 2 second paragraph; establishes that the supreme Court shall have Jurisdiction “with such Exceptions and under such Regulations as Congress shall make.” The Military Commissions act explicitly stated that the military tribunals were constitutional and the courts to which enemy combatants had access. The Supreme Court has declared that they believe the courts are supreme to congress and entitled to makeup the rules for how to judge enemy combatants, then carry out the rules that they wrote, and order the other branches of government and the citizens to obey the judicial tyrants. If Congress were interested in anything other than playing politics, like asserting their constitutional authority to write the rules that the courts apply, then Congress would attempt to maintain the balance of power necessary for our Republic to continue.
To: Libertarianize the GOP
They should pass the law again, and use the authority under Article 3 Section 2 to exempt the law from judicial review and the possibility of being overturned.
To: Libertarianize the GOP
"If Congress were interested in anything other than playing politics, like asserting their constitutional authority to write the rules that the courts apply, then Congress would attempt to maintain the balance of power necessary for our Republic to continue."
If this were a Democrat president and it was his war (I know, I know) and we had this same court making this same decision then the Congress would indeed "maintain the balance" by in effect telling the Court to take a hike.
22 posted on
06/15/2008 10:45:13 AM PDT by
lexusppd
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