Ever since the 2000 presidential election, subsequently the first election I was able to vote in, when the president was elected by the justices of the Supreme Court, I have been a little weary of them! I think rightly so, too!
The United States Supreme Court should technically be called the Constitutional Court of the United States of America. Its sole purpose, under the Constitution, is to interpret the Constitution! It's as simple as that! No where does it say that the Supreme Court has the authority to determine the outcome of elections. In all seriousness, we were not in a Constitutional crisis as some (Republicans) might have pointed out.
The US Constitution clearly states that any questions revolving around a presidential election are the clear territory of the United States House of Representatives. It's ironic that a court devoted entirely to the Constitution missed this important point!
Now beyond this...
The Supreme Court redeemed itself to a certain degree in my eyes today. The Court ruled that George Bush (aka. King George) does not have the entire authority that he gave himself. Rather, the Court decided that the "enemy combatants" that he holds illegally are entitled to a certain degree of legal courtesy (i.e., legal representation).
Specifically, these rights are attributed to those that hold the status of American citizen. The Court stated: "[it's] made clear that a state of war is not a blank check for the president when it comes to the rights of the nation's citizens."
If citizenship is waived upon the committing of a crime, then all persons will at one time or another waive their citizenship, considering all adult Americans have committed a criminal act; whether in the form of speeding in an automobile or other grievous act. It is illogical that any president, or other authority figure, would presume the loss of constitutional liberties based solely on the acts of the individual.
I rest better knowing that the highest court in the land said: "We have no reason to doubt that courts, faced with these sensitive matters, will pay proper heed both to the matters of national security that might arise in an individual case and to the constitutional limitations safeguarding essential liberties that remain vibrant even in times of security concerns."
It is indeed within the rights of the Supreme Court to offer review of these cases. Even though, these individuals committed their alleged acts during a time of strain upon the United States, they should not reside, however, outside the constitutional and legal framework of our judicial system.
After all, without our centuries old legal framework, we would be no better than those nations that disdain us; considering, they seek to demolish the very fabric of our society. By denying proper justice to these individuals we award them a victory over us!
1 comment:
The issue is not simple do they have the right but when does that right begin? I argue it takes place immediately!
Your post is well said!
Thanks,
TG
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