For the first time in U. S. history, the Supreme Court has extended its authority even (unconstitutionally) further. The Supreme Court ruled today (actually, now yesterday, at least on the East Coast that is!) that TERRORISTS, captured on the battlefields of Aghanistan and Iraq, now have Constitutional protection. They can contest their detention at GUANTANAMO BAY as prisoners of war. They have the same rights now under this ruling as YOU and I to appear in Federal Court and demand their release. According to the FOX NEWS website, the Court held that, “Petitioners have the constitutional privilege of habeas corpus. They are not barred from seeking the writ or invoking the Suspension Clause's protections because they have been designated as enemy combatants or because of their presence at Guantanamo."
“The Suspension Clause is a constitutional guarantee that blocks from suspending habeas corpus.” A writ of habeas corpus is a court order to prison officials to bring a prisoner before the court to determine if the prisoner is being detained legally, and whether or not the prisoner should be released. Terrorists now have that right. Don’t get me wrong with what I’m about to say. I don’t have any sympathy for anyone breaking the law and being sent to prison. There are penalties for breaking the law. But, prisoners here are American citizens, and in my opinion, Al Quaeda and Taliban terrorists have more rights than American prisoners.
Anyway, here’s where the Court is just simply WRONG. Article I, Section 9 of the Constitution says, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Wouldn’t the attacks of September 11, 2001 sort of be “an invasion”? Absolutely. The Court is wrong, period.
I would like to look at a couple of things. First, since when does ANYONE that is not a citizen of the United States entitled to protection under our Constitution? Does the Constitution say ANYWHERE that it extends to foreign nationals? Especially foreign nationals that have the utmost hatred for ALL OF US? Here is a link where you can read it for yourself:
Next concerns the authority of the Supreme Court. For way too long, the Supreme Court has been allowed to overstep its Constitutional authority and make laws. Here is the scope of the power of the Supreme Court as defined by the Constitution:
Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Does it say anywhere that Supreme Court rulings BECOME law? No. One of the purposes of the Supreme Court is to INTERPRET the law. Does it say anywhere that the Supreme Court has any kind of authority over military matters? No. So today, the Supreme Court, once again, overstepped it’s authority.
The problem with this particular ruling is, that contrary to how the mainstream media is spinning it, it is NOT a loss for the Bush Administration. It’s a loss for the United States and national security. The Bush Administration had the consent of Congress on this, so this being construed as a loss for the President is misrepresentation.
In keeping with my general policy of who should accept responsibility for their actions, here are the names of the justices who made this ruling:
Justice Anthony Kennedy
Justice John Paul Stevens
Justice Stephen Breyer
Justice David Souter
Justice Ruth Bader Ginsburg
These are the justices that don’t care about your safety or national security. These five justices actually believe that prisoners of war captured ON THE BATTLEFIELD, and in addition are TERRORISTS, INCLUDING ONE THAT ADMITTED HE HELP PLAN THE SEPTEMBER 11, 2001 ATTACKS, that hate all of us and wish us all dead, now have at least the same rights, if not more rights than AMERICAN CITIZENS accused of a crime or who are already serving time in prison.
I don’t know how, but the Supreme Court needs to be put back into its Constitutional place. The Supreme Court is accountable to no one, not even the President, and especially NOT TO US, the people. They have become almighty, all powerful, and allowed special interest groups such as the ACLU to bypass the established legislative process (Congress and the President) in order to promote a leftist agenda.
One last thing: I do want to thank those justices who stood for what was right:
Chief Justice John Roberts
Justice Antonin Scalia
Justice Clarence Thomas
Justce Samuel Alito
We do have four justices that know the Constitution.
I do hope that Congress once again reaffirms our Constitution and that the Supreme Court, a civilian court, has no jurisdiction over military matters.