Miracle of Miracles: Rule of Law Upheld
Either I'm finally losing my mind or the Supreme Court actually made a decision with which I agree wholeheartedly. Can it really be true? Dare I believe it? Is our system of checks and balances still there? Does the rule of law still matter?
Pinch me, I must be dreaming.
I'll have more to say about this when I get some time to read the Supreme Court's excellent decision today. For now, I'll simply provide the link to the full text, as well as this cogent quote from Justice Kennedy:
SAY it, brother Anthony! Shout it from the mountaintops!
Pinch me, I must be dreaming.
I'll have more to say about this when I get some time to read the Supreme Court's excellent decision today. For now, I'll simply provide the link to the full text, as well as this cogent quote from Justice Kennedy:
Military Commission Order No. 1, which governs the military commission established to try petitioner Salim Hamdan for war crimes, exceeds limits that certain statutes, duly enacted by Congress, have placed on the President's authority to convene military courts. This is not a case, then, where the Executive can assert some unilateral authority to fill a void left by congressional inaction. It is a case where Congress, in the proper exercise of its powers as an independent branch of government, and as part of a long tradition of legislative involvement in matters of military justice, has considered the subject of military tribunals and set limits on the President's authority. Where a statute provides the conditions for the exercise of governmental power, its requirements are the result of a deliberative and reflective process engaging both of the political branches. Respect for laws derived from the customary operation of the Executive and Legislative Branches gives some assurance of stability in time of crisis. The Constitution is best preserved by reliance on standards tested over time and insulated from the pressures of the moment.
SAY it, brother Anthony! Shout it from the mountaintops!
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