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June 29, 2006

Supreme Court Signs Treaty With Al Qaeda

Once again the Supreme Court has usurped the executive and legislative branches, this time effectively signing a treaty with Al Qaeda that grants terrorists Geneva Convention protections and access to the American justice system.

The Supreme Court ruled Thursday that President Bush overstepped his authority in creating military war crimes trials for Guantanamo Bay detainees, a rebuke to the administration and its aggressive anti-terror policies.

This is an unmitigated disaster. Andy McCarthy pre-analyzed the ruling.

Make no mistake: if this happens, the Supreme Court will have dictated that we now have a treaty with al Qaeda — which no President, no Senate, and no vote of the American people would ever countenance. (Compare this.) The Constitution consigns treaty-making to the political branches, not the courts, but a conclusion that Geneva protects Hamdan (and, by extension, his fellow savages) would ominously mean that the courts, under the conveniently malleable guise of "customary international law" can rewrite treaties to mean whatever they like them to mean.

Imagine Judge Lance Ito presiding over a steady stream of Al Qaeda defendant trials and their theatrics. This, unlike flag burning, is a real problem that only the confirmation of conservative justices can resolve and, if it were competent, the GOP should be able to use this issue to club the Democrats in November. This is a preliminary posting and I hope I'm wrong as the full opinion is analyzed, but it does not look good.

Posted by Jonathan R. on June 29, 2006 10:23 AM

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Comments

Since the constitution says that treaty making is under the jurisdiction of the President and Congress, the President can sign an executive order stating that since the court has overstepped its bounds, we will ignore the ruling.

The system is checks and balance, not rock,paper, scissors.

Posted by: Marty at June 29, 2006 10:54 AM

Bush has said the constitution is just a piece of ....paper. He doesn't believe in it.

Seems as if the system of checks and balances is out of order in your country. The President is not in favor of checks and balances.

Posted by: Canadian Observer at June 29, 2006 01:11 PM

Someone correct me if I'm wrong, but can't the House vote this down? If so, this puts House democrats in a very tight spot. Liberals have been whining about how the terrorists held at Gitmo deserve the same Constitutional rights as American citizens. So now it's time for them to stand up to their convictions, vote for this travesty and than explain to the American people why they chose to sympathize with those who hate America and want so bad to kill as many of us as possible. That should go over real big this November.

Posted by: JerryE at June 29, 2006 01:22 PM

Well said, JerryE.

Posted by: Freedom1 at June 30, 2006 03:29 AM

Why is it that so many liberals charge that our own soldiers in Haditha are guilty until proven innocent and the enemy is innocent until proven guilty?

Posted by: Mark at June 30, 2006 12:21 PM