Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

U.S. Is Allowed to Hold Citizen as Combatant
New York Times ^ | 1/08/03 | NEIL A. LEWIS

Posted on 01/08/2003 8:31:11 PM PST by kattracks

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-63 next last
To: Right_in_Virginia
Your fears are misplaced.

The powers are granted by the Constitution.

There are 286,000,000 American citizens and three of them were scumbags who betrayed their country. In George Washington's day, they would have been hung.

Hamdi is an enemy combatant, his citizenship is moot. He chose to be an enemy combatant. Screw him.

If a future President begins jailing his politcal foes because of their ideology then that becomes a political question and if it gets bad enough then you lock and load.

21 posted on 01/09/2003 5:46:01 PM PST by jwalsh07 (March for Life in DC ,1/22/03.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: jwalsh07
"If a future President begins jailing his political foes because of their ideology then that becomes a political question and if it gets bad enough then you can lock and load."

Well, don't I feel better [/sarcasm]

22 posted on 01/09/2003 6:04:35 PM PST by Right_in_Virginia
[ Post Reply | Private Reply | To 21 | View Replies]

To: Right_in_Virginia
Well, don't I feel better

It doesn't matter how you feel. The Constitution is clear on the separation of powers and the CIC's powers during war time.

The courts have been clear since Ex-Parte Quirin on the status of enemy combatants be they "citizens" or not.

You can worry about Hillary Clinton until the cows come home. Hamdi is an enemy combatant and he's staying in the stockade until Bush says the war is over.

Personally, I think he should be vacationing in Gitmo with his fellow jihadists but hey, I can live with the stockade or the brig.

23 posted on 01/09/2003 6:09:58 PM PST by jwalsh07 (March for Life in DC ,1/22/03.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: kattracks

On NOW at RadioFR!

Join AnnaZ, Mercuria and Rev. Jesse Lee Peterson for a…
A DAY AT THE RACISTS!
The Lott Thing!
The Byrd Thing!
The Je$$e Jack$on Thing!
The Sharpton Thing!
The Profiling Thing!
The Reparations Thing!
The Thought Police Thing!

Click HERE to listen LIVE while you FReep!

Click HERE to chat in the RadioFR chat room!

Miss a show?

Click HERE for RadioFR Archives!

24 posted on 01/09/2003 6:10:14 PM PST by Bob J
[ Post Reply | Private Reply | To 1 | View Replies]

To: jwalsh07
"It doesn't matter how you feel. The Constitution is clear on the separation of powers and the CIC's power during war time."

Can't argue with your statement.

But, can you tell me upon whom war has been declared...and when we know it is won? Can you define to whom these extraordinary war powers can be applied and for how long they can be enforced?

Here's my fear: ~ What's to prevent Hillary! (or whomever) from saying that war continues...and as such~ so does her "Constitutional right" to enforce her "wartime" powers to imprison without a glance toward the Bill of Rights?

I trust George W. Bush.

But shouldn't we pay attention to who else we may be handing such broad powers?

25 posted on 01/09/2003 7:52:02 PM PST by Right_in_Virginia
[ Post Reply | Private Reply | To 23 | View Replies]

To: Congressman Billybob
The Times cannot plead mere ignorance.

They know about Quiren.. They just don't want their readers to know it, too.

To have acknowledged Quiren would have negated this precious little distortion...

The case, which set up a stark clash between the nation's security interests and its citizens' civil liberties, may have expanded the power of the presidency...

26 posted on 01/09/2003 8:05:00 PM PST by okie01
[ Post Reply | Private Reply | To 6 | View Replies]

To: Right_in_Virginia; alpowolf
"I don't want to see these powers in the hands of a President Hillary! Clinton or anyone who thinks and acts as she does."

Since when did the presence (or absence) of a law keep the Clintons from skirting the law or abusing their authority? They did what they wanted, whether the law was on their side or not.

To lawbreakers, laws are no obstacle. Only the lawful are constrained by the law.

The best way, the only way, to protect the country from such abuse is to elect political leaders of character -- people who can be trusted with the power of office.

Ergo, no more Clintons!

27 posted on 01/09/2003 8:15:48 PM PST by okie01
[ Post Reply | Private Reply | To 20 | View Replies]

To: alpowolf
Contrary to what the New York Times says in this article, this is NOT a new decision. It is NOT an expansion of Presidential power. The Law of War was well established before the United States was a gleam in Sam Adams' eye.

That's all this decision is all about.

Congressman Billybob

28 posted on 01/09/2003 8:40:21 PM PST by Congressman Billybob
[ Post Reply | Private Reply | To 19 | View Replies]

To: okie01
"Ergo, no more Clintons!"

Promise?

29 posted on 01/09/2003 9:17:48 PM PST by Right_in_Virginia
[ Post Reply | Private Reply | To 27 | View Replies]

To: Congressman Billybob
My eyesight is fine. Bolding is not necessary.

I do not agree that the President always has the authority to throw any American citizen in a military prison, for no reason, without judicial review, forever. Please cite the article of the Constitution giving him this authority.

Of course, he does have the power; power is not the same as authority. And of course past Presidents have abused power. This does not make it right.

This Law of War you speak of applies to nation-states. Surely you can see the danger of applying it to a "War on Terror" against no clearly defined enemy that will surely never end. Can you name a politician likely to become President that will ever surrender this kind of power?

This decision will be cited by whichever President decides to use it to make people he/she doesn't like disappear. We are going to have to decide if we want to live in a free republic, or a banana republic.

30 posted on 01/10/2003 5:40:25 AM PST by alpowolf
[ Post Reply | Private Reply | To 28 | View Replies]

To: okie01
They did what they wanted, whether the law was on their side or not

So the solution is to put the law on their side? To set up the federal agencies to enforce their despotic rule? What sort of logic is that?

No more Clintons? Can you guarantee that? Our Constitution was wisely constructed based on the reality that there is no way to stop corrupt people from getting into office. Shredding the checks and balances established by that Constitution is nothing but blind acceptance that "Comrade Napoleon is always right".

31 posted on 01/10/2003 5:44:57 AM PST by alpowolf
[ Post Reply | Private Reply | To 27 | View Replies]

To: Congressman Billybob
The Law of War was well established before the United States was a gleam in Sam Adams' eye.

You can number me among the confused regardless of the New York Times interpretation.

Has the United States Congress declared war and extended war powers to the Chief Executive?

How can the War on Terrorism be distinguished from the War on Drugs or the War on Poverty?

Is it the War on Terroism or the War on Drugs or the War on Poverty that forbids citizens from traveling with more than an arbitrary amount of cash(especially through airports);can be relieved of that cash without judicial review or due process;or even presumes guilt until innocence is established with an extensive strip search? (especially through airports)

Is the charge of "enemy combatant" established when a citizen is seized on a battlefield or when he/she is sitting in a domecile?

Will the charge of "enemy combatant" be applied equally to Earth First! Arsons; IRS Tax Dissidents; Militias;or political incorrect websites?

In short will I be an "enemy combatant" if I am traveling through Tennessee with my wife, child and dog and subject to a felony stop and the gratuitous execution of a family pet?

Any number of bows and ribbons will not change the fact the Bush Administration is little more than the third term of the Clintigula Administration.

"Read my lips: No New Tyranny" seems to be the motto of Bush43.

Best regards,

32 posted on 01/10/2003 6:12:32 AM PST by Copernicus (A Constitutional Republic revolves around Sovereign Citizens, not citizens around government.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: alpowolf
Yes, I can "name a President who surrendered this kind of power." His name is Thomas Jefferson. And he did not surrender the power. Congress took it away from him, as Congress has done with respect to all declared wars in history -- except the Korean War which is not ended, but only is a "truce."

The War Against the Babary Pirates was declared in almost identical fashion to the War Against Terrorism. Those and several other declarations were quoted in my United Press International article on 19 September, 2002, and also posted on FreeRepublic. The Barbary Pirate War ended with two peace treaties, submitted by the President and approved by the Senate. This war will end the same way.

Please do your homework. Read the declarations of war and the histories, both of which have already been posted on FR. Then you will understand the constitutional legitimacy of the current declaration of war.

Congressman Billybob

Click for latest column on UPI, "Incision Decision in the Senate" (Now up on UPI wire, and FR.)

As the politician formerly known as Al Gore has said, Buy my book, "to Restore Trust in America"

33 posted on 01/10/2003 7:50:44 AM PST by Congressman Billybob
[ Post Reply | Private Reply | To 30 | View Replies]

To: Right_in_Virginia
You are buying into the bad reporting by the New York Times. These powers are not "new." Exactly the same powers were given to President Jefferson to deal with the Barbary Pirates, and then taken away when the two Peace Treaties to end that war, were approved by the Senate.

Do your homework. Read the history.

Congressman Billybob

34 posted on 01/10/2003 7:54:28 AM PST by Congressman Billybob
[ Post Reply | Private Reply | To 25 | View Replies]

To: alpowolf
This does not "shred the checks and balances." You, too, are buying into the bad reporting by the Times. Congress gave President Jefferson the same powers to deal with the Barbary Pirates, and then took them away when that war was won.

Do your homework. Read the histories. All this has been posted on FR before. The Constitution is being obeyed, not destroyed.

Congressman Billybob

35 posted on 01/10/2003 7:58:20 AM PST by Congressman Billybob
[ Post Reply | Private Reply | To 31 | View Replies]

To: Congressman Billybob
I did not say "name a President who surrendered this kind of power" I said "Can you name a politician likely to become President that will ever surrender this kind of power? " In other words who is today's Thomas Jefferson? Likewise consider today and tomorrow's Congress not that of Jefferson's day.

I will indeed review the history of the mentioned War Against the Barbary Pirates to see if President Jefferson was given the authority to jail American citizens without judicial review.

You didn't actually cite the Constitution but rather Congress. Not the same thing.

The only other thing I can add is that just because a Congress in the past has done something does not automatically make it right or even legal. Getting away with a crime does not validate it.
36 posted on 01/10/2003 9:24:05 AM PST by alpowolf
[ Post Reply | Private Reply | To 33 | View Replies]

To: Congressman Billybob
Bypassing the judicial branch is shredding a check/balance. The concurrence of the legislative branch does nothing to change that.
37 posted on 01/10/2003 9:25:20 AM PST by alpowolf
[ Post Reply | Private Reply | To 35 | View Replies]

To: Congressman Billybob
Bypassing the judicial branch is shredding a check/balance. The concurrence of the legislative branch does nothing to change that.
38 posted on 01/10/2003 9:26:13 AM PST by alpowolf
[ Post Reply | Private Reply | To 35 | View Replies]

To: alpowolf
There was judicial review- the 54 page ruling that is the subject of this article.

This ruling itself says that there must be judicial review of any detentions.

You really should read the ruling.

39 posted on 01/10/2003 9:35:34 AM PST by mrsmith
[ Post Reply | Private Reply | To 37 | View Replies]

To: Paleo Conservative
Even more outrageous is the fact that we hand out US citizenship to any child born in the US to parents who are only temporarily in this country. I think that children born to non-citizens who are not in this country on immigration visas should be considered as citizens of the parents' country, not the US.

Unfortunately, you've got to pass a constitutional amendment. I believe it's the 14th amendment -- designed to give citizenship to the former slaves -- that was written so poorly that later courts ruled that anyone born on US soil became a US citizen.

40 posted on 01/10/2003 9:37:22 AM PST by AmishDude
[ Post Reply | Private Reply | To 5 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-63 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson