Big Day
As you've no doubt heard already, the Supreme Court rejected the right of the executive to torture and hold secret trials of their prisoners anywhere in the world. This is vastly good news for people who are Americans, and for people who believe in the rule of law and who support the notion of human beings behaving in a way consistent with civilization.
There are lots of good blogs and news stories out there. I won;t re-hash the details. But I will point out that this is a crucial fork in the road for American government.
I have referred to the Bush administration as the "Junta" because their power emanates not only from the executive, but from the executive's power to bully and coerce the Congress. They've been able to pursue a stupid, greedy, and bloodthirsty campaign at home and abroad with the acquiescence of their members of Congress.
Without a rubber-stamp Congress, most of their excesses would not have been possible.
But yesterday's decision reminds us that there is not one main branch of government with a sidekick, but actually three. And the Supreme Court came through.
They decided that the constitution must be respected as the law. The Geneva Conventions do, indeed, apply to all combatants, Iraqi, al Qaeda, or otherwise.
So here's the fork. We all know that the Junta does not respect the constitution as the law of the land. Will they respect the court's ruling? How deep into these lawless woods have we wandered?
Will Congress act to reassert its power over the executive, now given a boost - a reminder really - from the Supremes? Will the executive obey the law, as they've refused to do so often in the past?
My guess is that the tribunals will be disbanded and the prisoners simply kept in their current state as non-people for the next few years. It will be up to a Democratic Congress and President to do something about them (like try them in a real court).
The current rubber-stamp Republican congress may try to whip up some rules around trials, but anything smacking of actual justice will be rejected by their masters in the White House and fail.
But by keeping secret CIA detention centres and the Gitmo prison itself open, they are in breach of the law. Will that matter to them? Will they defy the courts?
Stay tuned.
There are lots of good blogs and news stories out there. I won;t re-hash the details. But I will point out that this is a crucial fork in the road for American government.
I have referred to the Bush administration as the "Junta" because their power emanates not only from the executive, but from the executive's power to bully and coerce the Congress. They've been able to pursue a stupid, greedy, and bloodthirsty campaign at home and abroad with the acquiescence of their members of Congress.
Without a rubber-stamp Congress, most of their excesses would not have been possible.
But yesterday's decision reminds us that there is not one main branch of government with a sidekick, but actually three. And the Supreme Court came through.
They decided that the constitution must be respected as the law. The Geneva Conventions do, indeed, apply to all combatants, Iraqi, al Qaeda, or otherwise.
So here's the fork. We all know that the Junta does not respect the constitution as the law of the land. Will they respect the court's ruling? How deep into these lawless woods have we wandered?
Will Congress act to reassert its power over the executive, now given a boost - a reminder really - from the Supremes? Will the executive obey the law, as they've refused to do so often in the past?
My guess is that the tribunals will be disbanded and the prisoners simply kept in their current state as non-people for the next few years. It will be up to a Democratic Congress and President to do something about them (like try them in a real court).
The current rubber-stamp Republican congress may try to whip up some rules around trials, but anything smacking of actual justice will be rejected by their masters in the White House and fail.
But by keeping secret CIA detention centres and the Gitmo prison itself open, they are in breach of the law. Will that matter to them? Will they defy the courts?
Stay tuned.
posted by fiduciary at 8:18 AM
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