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[QUOTE]Originally posted by Jay the Obscure: [QB] [QUOTE]Article. III. 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....[/QUOTE] 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 [b]he[/b] 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, [URL=http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=323&invol=283]EX PARTE MITSUYE ENDO, 323 U.S. 283 (1944) [/URL] [/QB][/QUOTE]
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