Friday, June 30, 2006

President went beyond the law


From the outset of the "war on terror," President Bush and his advisers have relied on a shell game of mystique, jingoism, color-coded alerts and downright deceit to hold Americans hostage to the fear of imminent domestic terrorism.

However, neither the president nor those who advise him have produced any evidence that excessive, overbearing use of unauthorized power by the commander-in-chief has had any specific, direct effect on curtailing terrorism.

What they have shown, however, is utter contempt for constitutional law and human rights.

At long last, the U.S. Supreme Court weighed in yesterday with a ruling on one such "anti-terrorism" program. It firmly rebuked the president and his agents for illegal treatment of detainees at the Guantanamo prison and disregard for law and Geneva Convention protections.

The sweeping 5-3 court ruling rejected claims that the president has extraordinary powers that neither the courts nor Congress can deny him, especially in submitting "suspects" to military tribunals.

The court majority in effect told the president to use accepted courts martial trials for the detainees, where they would be entitled to all the legal guarantees of U.S. law, or to ask Congress for alternative judicial methods.

A careful reading of the ruling also suggests that unauthorized wiretapping of Americans might be declared illegal, if challenges reach the high court.

Although Thursday's ruling was in the case of a single detainee, Salim Ahmed Hamdan, whose U.S. Navy defense team courageously demanded constitutional treatment of their client, the decision goes a long way toward reining in this president's growing power.

Assuming the president will abide by the court decision, and not rail against "unelected liberal justices" as part of a political rescue strategy, the high court has done the nation a favor.

The justices demonstrated their willingness to take on the excesses of the Bush administration, in contrast to the molly-coddling deference of the Republican-controlled House and Senate, which have seemed inclined to abandon their oversight of the executive branch.

These are grave times for the American system of government.

Abandoning more than 200 years of respect for law and substituting it with "trust me" authoritarian leaders won't conquer terrorism.

Supreme Court justices who understand and appreciate the legacy of the Founding Fathers thankfully told the president he's gone too far.




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