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2006-07-01 Home Front: WoT
Hamdan & the GOP
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Posted by Mike 2006-07-01 08:15|| || Front Page|| [4 views since 2007-05-07]  Top

#1 Jonah's right: it's illegal (according to the court), not unconstitutional.

Actually it was both legal and constitutional until the Court reverse itself. In 1946 in Yamashita vs Styer the court wrote in its finding -

The military commission appointed to try the petitioner was lawfully created. P. 9. (a) Nature of the authority to create military commissions for the trial of enemy combatants for offenses against the law of war, and principles governing the exercise of jurisdiction by such commissions, considered. Citing Ex parte Quirin, 317 U.S. 1, and other cases. Pp. 7-9. (b) A military commission may be appointed by any field commander, or by any commander competent to appoint a general court martial, as was respondent by order of the President. P. 10. (c) The order creating the military commission was in conformity with the Act of Congress (10 U. S. C. @@ 1471-1593) sanctioning the creation of such tribunals for the trial of offenses against the law of war committed by enemy combatants. P. 11.

So the day before, such commissioned were IAW existing SCOTUS findings.
In other words, SCOTUS has extented its fingers once again into the process to create the government and the country in its own image. Notice how all the 'legal' blogs avoid this point? Professional courtesy.
Posted by Uninter Whereting4376 2006-07-01 09:10||   2006-07-01 09:10|| Front Page Top

#2 heh, heh. Dems have painted themselves into a corner again. While their self-lothing loon base is happy to do ANYTHING to bash Bush, including inviting terrorists into their own living rooms for tea, the great majority of Americans aren't that suicidal. Witness the success *snicker* of their flagship the Titanic Air-America. The left has control of the megaphone but without the dead, fraudulent absentee ballots, felons, illegal aliens and the dems who vote early and often - they don't have the numbers. And now, even with all of the above they are coming up short.
Posted by 2b 2006-07-01 10:59||   2006-07-01 10:59|| Front Page Top

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