Posted on 04/20/2009 5:49:59 AM PDT by Kaslin
I wonder if this decision is a natural outcome of our having “police actions” requested by the Executive Branch versus a formal declaration of war from Congress.
Killing them on the battlefield will have the same result, right? Endless court battles to defend the use of weapons. I don’t think we could be any clearer - our national policy is to not defend ourselves.
>The goal of left wing lawyers has been to make it illegal to defend ourselves. Looks like they are succeeding.
There is a difference between defending ourselves and holding people for years on end w/o trial. That prisoners seem to have more rights than citizens is deplorable... but we shouldn’t allow that to mean that the state should only recognize the rights which are an intersection of the two. (In that case, you would not have the right to reproduce w/o governmental sanction.)
Then by that token, American soldiers should expect the very same treatment from the enemy.
And time to give credit where credit is due. The Obama Justice Department is appealing this ruling. Oh and time to point out his hypocrisy when the Boumediene case was handed down. It is win win.
The Supreme Court of Despots has NO AUTHORITY over The Actions of the Executive Branch or the Legislative Branch.
There is a difference between defending ourselves and holding people for years on end w/o trial.
(In that case, you would not have the right to reproduce w/o governmental sanction.)
????? Our rights are outlined in the Constituion - they aren’t created by the Constitution. We aren’t limited to only those that are identified there. Am I missing your point?
That is exactly the treatment they would receive from THIS enemy. Well, not EXACTLY. First they'd be tortured (for real, not a fraternity hazing) then decapitated with a dull knife.
This is not a signator to the Geneva Convention we're dealing with.
Sounds great from the comfort of home, but there are downfalls to no quarter. First, you lose valuable intel when you can't question anyone. Second, the enemy will fight much more fiercely when they know its life or death anway.
Unfortunately, its real easy to mistake crazy for stupid. These people are fighting against the most powerful army in the world. They have small arms against heavy armor. They have word of mouth and little kids as spotters versus electronic warfare and unmanned aerial vehicles. And yet, they manage to kill us almost every day. I'm not trying to heroize the turds, I'm just emphasizing that no quarter does not work entirely to our benefit.
Point taken; and as a former squid I can't claim to have walked a mile in your boots.
Well, I think Abraham Lincoln suspended habeas corpus when he fought a war with a foreign nation, too... :-)
Of course, I think there were people not too happy with him, either...
Judge Bates is considered a conservative judge with an excellent reputation. It could be that he felt compelled by the Boumediene case, which he must follow even if he disagrees with it.
It could be that he wanted to force the issue back into the SC to clarify or moderate their opinion and return some sanity to this POW issue.
>Our rights are outlined in the Constituion - they arent created by the Constitution. We arent limited to only those that are identified there. Am I missing your point?
Actually that IS my point. I live in New Mexico, an open carry state, and just try walking around with a plastic sparring-sword. (Despite Amendment 2, Constitution OR Article 2, Sec 6 of the State Constitution.)
Marking
There were some habeus cases filed (believe it or not) on behalf of German or Italian POW's in WWII who were held in POW camps in the US but who had dual citizenship. I know the cases were dismissed, but I can't recall the reasons why (probably because there was no criminal charge, and/or because their 'citizenship' claim was not recognized).
The U.S. didn't recognize "dual citizenship" in those days (and should not now -- Israel and the lobby are to blame for that one), so that anyone who swore a military oath on enlistment in a foreign army (or the Knesset, in Rabbi Meir Kahane's case) became a foreign national and gave up U.S. citizenship. If my sister, born in Canada, had exercised the Canadian franchise or enlisted in the Canadian Forces before she voted in the U.S., she'd be a Canadian citizen today.
The Italians and Germans who claimed U.S. citizenship had no shot at getting a judge to sustain them.
To try and spread American judicial system to other countries smacks at the “Imperialism” that the left always accuses the US of doing.
Oh I forgot, its only Imperialism when a Republican does it not when a liberal does it....Just goes to show Bush made lots of mistakes in domestic policy..This judge sucks..
I agree with you and saganite, this is a conservative judge sticking it in the liberal Supremes' ears.
I hope Ruth Ginzburg and David Souter live at least 15 minutes longer than it takes to inaugurate the next GOP President.
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