Its so funny when Omega doesn't read the Constitution, which gives the Supreme Court the power it has. Suck on it, kiddo. Or try reading it sometime. Either way.
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....
It's up to the Supreme Court to make that decision not you. And it's the Constitutional duty of the Court to do such.
The Court has held since the 1880's and reaffirmed that non-citizens in the United States are entitled to due process. You can kick them out and do just about anything under the law to them, but you have to give them due process.
Sorry that bugs you so much. It really shouldn't. All Ashcroft has to do is try and deport or jail whoever he thinks is an alien evil-doer and it's Constitutional. Hiding them in prision till he decides to let them go is not.
However, and I'm sure you're aware of such things cause I know how you like to keep up, he is claiming a warpower executive privledge. This might not be decided until a case comes before the Court from the current batch of detainees.
It might be interesting if you went back and read the habeas corpus arguments of the Civil War period. Or perhaps some of the habeas corpus decisions of hte Japanese-Americans imprisoned during WWII. I'll give you one of those cases to read, EX PARTE MITSUYE ENDO, 323 U.S. 283 (1944)
[ December 07, 2001: Message edited by: Jay the Obscure ]
-------------------- Great is the guilt of an unnecessary war. ~ohn Adams
Once again the Bush Administration is worse than I had imagined, even though I thought I had already taken account of the fact that the Bush administration is invariably worse than I can imagine. ~Brad DeLong
You're just babbling incoherently. ~C. Montgomery Burns
Registered: Mar 1999
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posted
And Fo2, I really try not to leave anything out. Even when it comes to things that someone else might grab and argue about.
In reading the decisions of the Court, it is clear that it believes that even people who have entered the country illegally are entitled to due process. Still, it is my understanding that many, if not all, of the people we have detained at the present time entered the country legally...even if they have overstayed visas or have commited some other offence...they were therefore lawful residents and meet the definition of your quote.
quote:Hm... since this is wartime, and these terrorists are soldiers in an enemy army/organization...
Please tell me how you figured out that the people currently locked up are all terrorists? Or that they are soldiers in the army of evil-doers?
[ December 07, 2001: Message edited by: Jay the Obscure ]
-------------------- Great is the guilt of an unnecessary war. ~ohn Adams
Once again the Bush Administration is worse than I had imagined, even though I thought I had already taken account of the fact that the Bush administration is invariably worse than I can imagine. ~Brad DeLong
You're just babbling incoherently. ~C. Montgomery Burns
Registered: Mar 1999
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posted
In a government governed by a constitution, must not powers be derived officially and technically, not "because it makes sense" or "that is the way it has been done before," a more common-law method? In other words, if the President is claiming greater powers because "we are at war," and the Attorney General is acting as if "we are at war," then should we not be at war, which can only be declared by Congress? Is not the usurpation (a word I use for lack of a better; forgive the negative connotations) of powers not granted in peacetime by the President and the Attorney General unconstitutional if we are not in a state of Congressionally declared war?
Registered: Oct 2001
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posted
Civil War too, Congress never declared war on the CSA because that would be an admission that the CSA is a nation and hence, might lead to European assistance of the southern states.
-------------------- "Tragedy is when I cut my finger, Comedy is when you walk into an open sewer and die."-Mel Brooks
Registered: May 1999
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posted
I agree, a war is a war, but a constitutional government cannot act on "if it walks like a duck and quacks like a duck . . . ;" a constitution is written for the very purpose of spelling out what powers a government has and when. Thus, until war is declared by Congress (unless it already has), I would say the government is on shaky ground when it increases it powers in response to September 11, no matter what the precedent is. Indeed, acting on precedent is more of a common-law way of doing things, not a constitutional way of doing things. I only mention this because those that have no problem with the President and Attorney General assuming greater/"wartime" powers are usually the same people who claim the constitution is not to be interpreted or violated in any way.
Registered: Oct 2001
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posted
I don't trust this administration nor its policies. They are arrogant, self-conceited anal retentives led by a major arrogant, self-conceited anal retentive. (I am not referring to Bush. I am referring to that man who hides in a secure location, behind the president, and lives at the Naval Observatory. Last name starts with a C.)
Registered: Sep 1999
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posted
I could say the same thing about ANOTHER self-absorbed, self-promoting, arrogant, pandering person whose last name begins with a C... but I won't, because I promised I wouldn't sink to that level.
But I can still say Bush hasn't boinked an intern.
Registered: Mar 1999
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Cartman
just made by the Presbyterian Church
Member # 256
posted
Like boinking an intern is the greatest crime committable on Earth ( *cough* Watergate *cough* ). But nooooo, because C. happened to be a Democrat, the whole affair was turned into a gigantic national joke by - you guessed it - the Reppies. Lowest possible way to gain popularity, but hey... that's right-wingers for ya.
And I can still say C. was not an oil-industry controlled marionette puppet, unlike a CERTAIN other president whose name I shall not mention.
posted
See, this is why I hate party politics. If people would give it up, they'd realize that it isn't a matter of Bush == crappy != Clinton, or Bush != crappy == Clinton. It's a matter of Bush == crappy == Clinton.
posted
Less than a year in the administration, that's one heck of an assumption.
Thank goodness we all have opinions.
[ December 08, 2001: Message edited by: Jay the Obscure ]
-------------------- Great is the guilt of an unnecessary war. ~ohn Adams
Once again the Bush Administration is worse than I had imagined, even though I thought I had already taken account of the fact that the Bush administration is invariably worse than I can imagine. ~Brad DeLong
You're just babbling incoherently. ~C. Montgomery Burns
Registered: Mar 1999
| IP: Logged
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