Thursday, June 12, 2008

Supreme Court Rules in Favor of Detainees

This is huge. The Supreme Court just ruled in favor of the detainees in Guantanamo Bay. Their opinion is that they should be given the rights to challenge their detention. We cannot simply hold them without charges indefinitely.

According to the majority decision, the justices felt that our Constitution is applicable at all times, not only when convenient:

Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."

Our basic charter cannot be contracted away like this. The Constitution grants Congress and the President the power to acquire, dispose of, and govern territory, not the power to decide when and where its terms apply.... Abstaining from questions involving formal sovereignty and territorial governance is one thing. To hold the political branches have the power to switch the Constitution on or off at will is quite another. The former position reflects this Court’s recognition that certain matters requiring political judgments are best left to the political branches. The latter would permit a striking anomaly in our tripartite system of government, leading to a regime in which Congress and the President, not this Court, say "what the law is."

Beautiful.

Decisions like this help secure the rights for all Americans. The government cannot simply pick and choose when it wants to follow our Constitution. For the first time in years, our founders can stop rolling in their graves.

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