"The laws and Constitution are designed to survive, and remain in force, in extraordinary times," Justice Anthony Kennedy said, writing for the majority in Boumediene v. Bush. "Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law. The Framers decided that habeas corpus, a right of first importance, must be a part of that framework, a part of that law."and
Indeed, as Justice Kennedy wrote in the decision, "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." What's more, "the political branches," he said do not "have the power to switch the Constitution on or off at will."
From the ACLU:
The following can be attributed to Steven R. Shapiro, Legal Director of the American Civil Liberties Union:
"Today's decision forcefully repudiates the essential lawlessness of the Bush administration's failed Guantánamo policy. It should also mark the beginning of the end of the military commission process, which permits the use of coerced evidence and hearsay and thus cannot survive the constitutional scrutiny that today's decision demands. It is time to close Guantánamo, end indefinite detention without charge and restore the rule of law."
McCain, being Bush Lite, and watching his prospective power to shitcan the Constitution slip away, said
"It obviously concerns me," he said. "These are unlawful combatants, they are not American citizens." He said it was important to "pay attention to Justice Roberts" who also dissented.
Yeah, right, John-boy. Even non-citizens have rights when under American jurisdiction. You can't just say "Oh, they aren't citizens, the Constitution doesn't apply." Not with GitMo internees, not with legal and illegal aliens. Not by presidential "Signing Statement" or "Executive Order".
NO ONE is above the law of the land. The neocons and the theocrats need to remember that. We have the rule of law here, not the rule of men or holy book.
Support the Constitution and the Rule of Law - Vote for Barack Obama this fall.
EDIT: More excretia from John "Bush Lite" McCain:
“But we made it very clear that these are enemy combatants; these are people who are not citizens. They do not and never have been given the rights that citizens in this country have.”
Idiot - they are either criminals, with rights under the Constitution, or POWs, with rights under the Geneva Convention. One or the other, asshole.
