'The executive is bound to comply with the Rule of Law that prevails in this jurisdiction'
Y'hear that?
posted by Brian Steffen | 8:59 PM
Media Musings
A blog for students and stalkers of Brian Steffen, centering on issues of concern in media studies.
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- Name: Brian Steffen
- Location: Indianola, Iowa, United States
Hello all... I'm a professor of communication studies at Simpson College and a junkie of all things media. I'm blogging on life on the faculty at Simpson and working with some of the best young future professionals in the world.
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1 Comments:
The Court had no business deciding this case at all. Not only did it target the president’s commander-in-chief authority to determine what is militarily necessary in wartime, it also slapped down the U.S. Congress. In last December’s Detainee Treatment Act (DTA), Congress rescinded the unprecedented jurisdiction that the Supreme Court, in the 2004 Rasul case, had tried to claim over alien enemy combatants captured in wartime and held outside the ... jurisdiction of U.S. courts. This Court, however, acknowledges no limits on its powers — whether imposed by Congress or by the English language, which it had to torture in order to construe the DTA's unambiguous limitation of its jurisdiction as an invitation to meddle."
Congress actually passes a law that takes all the federal courts out of this whole decision of military tribunals and other things for prisoners at Club Gitmo, and the Supreme Court, playing games with the dating of the beginning of the war and the meaning of the statute essentially said this doesn't apply to us. The majority of the court has thumbed its nose at both the Constitution and the Congress by refusing to obey the 2005 law withdrawing its jurisdiction, meaning the court's jurisdiction. Congress wrote a law saying that federal courts have no say in these prisoners at Guantanamo and the courts just threw that out, said, "Oh, yes, we do." The court is in effect saying "We own the law, and neither the Congress nor the Constitution should control the actions of the court."
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