Guantanamo Bay - a quick point
Another quick point regarding the Supreme Court's ruling concering bin Laden's bodyguard today. Notice the following quote from Justice Kennedy:"Trial by military commission raises separation-of-powers concerns of the
highest order," Kennedy wrote in his separate opinion. "Concentration of power
(in the executive branch) puts personal liberty in peril of arbitrary action by
officials, an incursion the Constitution's three-part system is designed to
avoid."
Since when were the Guantanamo Bay detainees governed by the laws of the US Constitution? I missed the part where they were citizens of our country. The executive branch's authority over non-US citizens in the context of international affairs (i.e. war) which affect our national security is in no way relevant to liberties enjoyed by US citizens under the US Consitution. Kennedy's argument is bogus. It would only make sense if bin Laden's bodyguard was a bona fide American citizen, which he is not.
posted by JM @ 5:09 PM
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