Bush v. US Constitution
Just when we thought the US Constitution was a quaint thing of the past, a federal appeals US court ruled that the executive does not have the authority to declare a civilian an enemy combatant and detain him indefinitely in a military prison. This is a landmark decision, and one long overdue, in the Bush Administration’s war on terror/war on civil liberties.
The myth and disinformation surrounding a case like this is plain to see: Bush supporters (including the tarnished DoJ) will claim that we must do anything and everything to protect Americans from terrorist attack. Yet what we seem to forget so quickly is that we already have a functional–and fair–system for doing so: the U.S. legal system.
It’s important to note that the court ruling says nothing of Ali Al-Marri’s guilt or innocence. Rather, the ruling supports a civilian’s rights as written in the Constitution. Namely, that a criminal can’t be held without being charged of a crime (due process). As soon as formal charges are filed, his incarceration can be justified.
This is a very important decision in the ongoing of Bush v. US Constitution. Up until now, the president has operated under the pretense that the Constitution applies only when convenient, only during peace-time, and always at the executive’s preference.
Our model of democracy requires three co-equal branches of government. Our pathetic Congress has been asleep for the last 6 years and has happily obeyed the whims of the executive. Fortunately, the judicial branch still has enough courage to challenge the president in his grab for power.
Filed under politics, war : Comments (0) : Jun 14th, 2007 by tadfad
