Guantanamo Bay has become a national embarassment. Many of us were uncomfortable with the detention of "enemy combatants" from the very beginning. A case is making its way through the justice system that may deal another blow to the Bush Administration's scheme of hiding these people from any accountable justice system.
The Administration's strategy and rationale are simple: hold these 550 prisoners somewhere that none of the rules apply. They claim that the Geneva Conventions don't apply because they are not "prisoners of war". The U.S. judicial branch has no jurisdiction because they are not U.S. citizens being held on U.S. soil. So, the president as commander-in-chief, gets to make the rules about how they are treated.
Every American should be outraged for two reasons: 1) this subverts the very spirit of the rule of law, a cherished principle of our government that we have been trying to encourage the world community to commit to ever since the days of Woodrow Wilson's Fourteen Points; 2) it is a dangerous violation of our system of checks and balances. The presidency was never meant to run wild with due process and make its own rules. Any immediate threat that might justify emergency powers had abated. The Supreme Court was correct in reigning in the President's powers in the cases decided in June regarding U.S. citizens being held (Hamdi v. Rumsfeld). The courts may make similar rulings with regard to foreigners soon.
We as citizens should demand the balance of power between the branches be restored.
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1 comment:
it looks as if our checks and balances are in the right spot if the U.S. supreme court is bringing court cases against such as the one mentioned at the bottom of the initial post. sounds like our balance of power is there.
-JR
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