Subject: txt gwot nsec bbro legal -
On detainees, either ignore the judges or rein them in.
When courts illegitimately claim authority over these matters, and the political branches let them get away with it, it means our most vital political decisions are being made by unaccountable, non-political officials. The American people cannot remove judges when they get these vital questions wrong. This undermines the separation of powers and imperils our constitutional system, which is designed to protect popular self-government — not to usher in judicial oligarchy.
The courts have no more right to tell the president to release an enemy combatant than a president has to tell a judge how to rule on the validity of a contract. The president’s war powers are more than adequately checked by Congress, which could close Gitmo and require the repatriation of all enemy combatants tomorrow if it were disposed to do so. The courts should have no say in the disposition of alien enemy combatants in wartime. If they try to have a say, they should be ignored. Courts and presidents refuse to enforce unconstitutional acts of Congress, and Congress and the courts rein in unconstitutional acts of presidents. Unconstitutional judicial acts must likewise be checked by the other branches.
For too long, we have allowed one branch of government to override all constitutional restraints. That practice is not just restricting our freedom; it is now threatening our lives...
[Spot on: our 'independent judiciary' was intended to be independent of the other branches of government - only - never the will (or power to recall by) the people.
Long, but instructive as to how long and how badly one branch of our government has overstepped its bounds - Highly Recommended > ]
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