Thursday, June 12, 2008

Death of Separation of Powers

OK, it's official: in America, we no longer enjoy the protections of the Separation of Powers. On this day, June 12, 2008, five justices on the Supreme Court declared that they have absolute authority to nullify any and everything that President Bush and Congress may do regarding the War on Terror. The Constitution specifies that the Commander in Chief prosecutes war with the consent of Congress. President Bush has obtained the consent of Congress for his military tribunals pertaining to the Guantanamo detainees twice. Each time, the Supreme Court has stricken the law as "Un-Constitutional" even though the Constitution does not give the Judicial branch any authority over making war. The first time, the Supreme Court ruled as it did because Congress had not passed the law covering detainees until after their capture. Today, they struck down the new law without even a hint of justification.
John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer, David Souter and Anthony Kennedy are going to cost the lives of American servicemen. This ruling that terrorists have access to American courts, just as though they were common criminals, will attract ACLU lawyers like flies on a manure pile. Terrorists will get released and make their way back to the battlefield. Other detainees will be released from "lack of evidence" (as though the laws of evidence apply to POWs on the battlefield) and will similarly live to fight another day. Those five justices are tyrants without an army. They are accessories in the future murders of American servicemen. The people rejoice when tyrants are overthrown and soldiers take heart when the likes of Tokyo Rose are silenced. I look forward to news of the retirement or death of these five justices. God have mercy on all of us.