Recently, while watching a video of Judge Andrew Napolitano commenting on revelations that Bush and his administration knew about and authorized “enhanced interrogation techniques” (ie, torture) by the CIA, I started thinking – as usual – about how all this fits in under the Constitution.Details
Watching Keith [Olbermann] just now, I heard him mention Antonin “Nino” Scalia’s dissenting opinion from today’s ruling in regards habeas corpus rights for detainees.
The lowlight of Justice Scalia’s opinion was the paragraph:
“The game of bait-and-switch that todayâ€™s opinion plays upon the Nationâ€™s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.”
While others will surely spend countless hours and buckets of ink and pixels debating the merits or madness of the second sentence, I’ve a bone to pick with the first.
Scalia has, over the years, demonstrated a profound lack of understanding of the U.S. Constitution and the role of the Supreme Court. His devotion to the concept of “originalism” selectively ignores the Ninth and Tenth Amendments, key components of the document as “originally” ratified. The codicil to the majority opinion in Bush v. Gore, in which the nation’s ultimate appeals court, where all legal precedent is finally decided, declares that the judgment in that case is not, in fact, legal precedent.Details
This week, Rep. Ron Paul introduced HR 3835 – the American Freedom Agenda Act of 2007. This bill, if passed, would go a long way towards restoring liberty and the constitution in this country, and eliminate a number of “laws” that were enacted beyond the Constitution’s limit on federal power.Details
In a recent article on Habeas Corpus, it was shown that the 10th Amendment prevented the federal government from suspending Habeas. Why? Because the Constitution only allows for its suspension in very limited situations. Article I, Section 9 spells this out quite clearly: The Privilege of the Writ of Habeas Corpus shall not be suspended,…Details
As usual, our liberty is under attack by the federal government. An appeals court has just upheld a ruling that prisoners held in Guantanamo Bay are not entitled to habeas corpus, and thus, cannot challenge their detention in court. So, once again, the federal government, through its court system, has overstepped the restrictions of the…Details
DIGG THIS There’s been quite an uproar over recent comments on Habeas Corpus by Attorney General Alberto Gonzales. As the San Francisco Chronicle reported: “The Constitution doesn’t say every individual in the United States or every citizen is hereby granted or assured the right of habeas,” Gonzales told Sen. Arlen Specter, R-Pa., during a Senate…Details