The Supreme Court Gives GITMO Detainees Constitutional Rights
On days like today it is hard to sit down and type. On days like today my heart really isn’t in it, but I am going to try. I have no choice, I feel as though I must type, because days like today are the most important days to type. So here goes.
Today is the day that America lost forever the ability to ever defend herself again. The supreme court has ruled in favor of the enemy combatants held at GITMO, they have ruled that the enemy is entitled to the rights of Americans citizens to a civilian trial.
Somehow the supreme court has decided that not only does the UNITED STATES constitution apply to people who are not citizens (I’m not talking about resident aliens), but is also applies to our enemies. People who were captured on the battlefield fighting against us are now entitled to a trial in American courts. This is unprecedented.
Justice Anthony Kennedy writing for the majority said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” Fine, nothing wrong with that, but we aren’t talking about Americans here, we are talking about people who are fighting against us.
Writing for the minority decision Justice Antonin Scalia said “the decision will make the war harder on us. It will almost certainly cause more Americans to be killed.”
Here is the problem, this will affect any future confrontation that America may need to engage in in the future.
And in a truly stunning turn of events Khalid Sheikh Mohammed, the 9/11 mastermind may actually benefit from this decision. He was facing a military tribunal now he may have the right to a civilian trial on American soil. Funny how the man who planned the murders of three thousand Americans on September 11th because he hates America suddenly adheres to the American justice system when it benefits this mother fucker.
The supreme court feels that the rights of the enemy are more important than the rights of you and I. And the Democrats agreed and cheered the decision. I just don’t have anything else to say about this. Here are the traitors who gave constitutional rights to the mass murdering pieces of shit; Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter, Anthony Kennedy, and John Paul Stevens. The usual suspects. While those in the minority were Chief Justice John Roberts, Samuel Alito and Clarence Thomas.
But on a side note what is almost as disappointing about this is the fact that I thought we had turned a corner with the appointments of Alito and Roberts to the bench, but we still seem to be in the minority. After a few great rulings by the supreme court we get this disastrous ruling. It may have been a 6-3 decision if Sandra Day O’Conner was still on the bench, so maybe we are closer. That will change if the next president has a supreme court appointment. We will never gain control of the supreme court, it was just a pipe dream. President Bush managed to stem the liberal activist supreme court tide with his two great nominations but it wasn’t enough. Perhaps it will be enough to tread water but it looks as though we are going to continue to swim against the tide.
Today is the day we lost the war, not because of our soldiers overseas, but because of the politics at home and now the supreme court. But we lost more than the Iraq war, we lost all future wars that we may have had to enter.
We do not deserve to have our soldiers overseas fighting for our rights when the people at home aren’t willing to fight for our soldiers. Why should we lose another American life overseas for an unappreciative American public, and a supreme court that feels the enemy is more important? We have grown soft and weak.
The war is lost, it is time to bring the troops home.













And if you were at Gitmo… You’d be ok with the Constitution being flushed down the toilet just because you’re locked up at Gitmo?
I have no sympathy for actual terrorists, but a great many of us citizens of the greatest nation in the history of man still believe in the American Spirit and the legacy of our time-tested Constitution which lifts that spirit up.
If we are not a nation of laws then we are a nation of men — and that can only lead to anarchy.
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This ruling is pure bull manure. Some the results that will arise from this ruling will make it difficult to gather intelligence let alone detain prisoners. Now, they won’t be able to aggressively interrogate detainees that might have information about future attacks or even the location of key terrorist leaders. This also opens the door to them to be able to file frivolous lawsuits. You think the court system is clogged now wait until the terrorists get to start filing their own suits. This decision is worse than the eminent domain ruling.
The only silver lining that I can see coming from this is that it will bring an end to indefinite incarceration which is the one thing that leaves a bad taste in my mouth.
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Yeah,this is just the first shoe to drop.It is just going to get harder and harder to defend ourselves.
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Rob N,
“And if you were at Gitmo”
I can’t even say nice try. That is very poor rationalization. These are foreign enemy combatants not American citizens. Your argument doesn’t hold water.
The Constitution applies to American citizens. They are not rights given to everyone in the world just American citizens. Enemy combatants fall under the codes of the Geneva Convention not the US Constitution. Please get your facts straight. This isn’t a one world government yet.
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A big part of the picture you seemed to have missed, is that American citizens under the previous state, could be detained as well, without trial.
http://www.npr.org/templates/story/story.php?storyId=6167856
Do some solid research before throwing around rhetoric, Habius Corpus was gone for you and I before this victory!
History will judge us by how well we treat our “enemies”, not our friends. Inalienable rights, means inalienable, not inalienable to American citizens.
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Isn’t the oath to tell the truth taken with the defendants hand on the BIBLE? It means nothing to most of those detainees, so what’s the use? They can lie like prayer rugs.
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Deb,
The Bible also means nothing to quite a few Americans (like myself), would you take away our rights to representation and a speedy trial as well, because our value systems and interpretations of this country do not perfectly overlap with your own?
Your religious vitriol is a great example of the neo-con inferred hypocrisy that is used to support bigotry all over this country.
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Tim, the Bible can be interpreted in many different ways. Some see it as symbolism. The court system does not (I believe) expect every one to interpret it the same way. They are not being asked to go to bible study, they are just expected to respect the integrity and trust invoked by the idea.
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Just hope that the next hi-jacked plane misses the Pentagon and picks another target in the same general area. And, please, not the White House. Just remember who’s in the line of succession. Joe “foot in mouth ” Biden; Nancy “I use toothpicks to prop up my eyelids” Pelosi.
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