Courts Sell America to Terrorism

Author: Publius

Here is the legal argument for how the Boumediene v. Bush Supreme Court decision is unconstitutional.

Law: Courts only have jurisdiction over what the Constitution and the Congress give them.

What this Means: So the Supreme Court cannot add jurisdiction.

What the Courts Did: Military Tribunals aren’t enough. So they offered their OWN solution – civilian courts.

Law: Courts cannot legislate.

What this Means: Courts could not say civilian courts can try them.

What the Courts Did: What the CA court did. Just pulled something out of thin air and wrote a solution to the problem. Courts at max would have said domestic partnership – this is not a valid solution, find another. Courts at max would have said military tribunals isn’t enough so find another solution. They MADE a solution.

Law: US law does not apply to other countries.

What this Means: Our law does not apply in Iraq and Afghanistan. So if terrorist attacks occur in Iraq and Afghanistan we cannot try them here. IE: Nuremberg and Saddam Hussein Trials. We had no jurisdiction over those acts.

What the Courts Did: Just said that United States laws apply to acts outside the United States. So technically we could try whoever is in our custody.

Law: Habeas Corpus can be suspended.

What this Means: You can get sent to jail for no reason. When we are in a state of rebellion or invasion, the public safety may require it.

What the Courts Did: Just threw out the President’s CONSTITUTIONAL right to suspend habeas corpus.

What this Means: The Supreme Court rewrote the Constitution and broke the system of checks and balances. They extended court jurisdiction, which they cannot do, and just limited a Presidential power.

What’s Funny: Terrorists have rights but unborn babies don’t.

What We Should do: Let Israel handle them. But I suppose the Courts will say they still have to be tried here.


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