U.S. SUPREME COURT SAYS NO TO PRESIDENT BUSH'S CONTINUED VIOLATION OF CONSTITUTION
Randy L. Harrington
June 29, 2006
WASHINGTON — The U.S. Supreme Court dealt a blow to President Bush's war on terror by his circumvention of the U.S. Constitution at Guantanamo Bay, Cuba.
A 5-3 vote of the Justices was a strong rebuke to President Bush's use of military tribunals for 10 suspects arrested overseas in the U.S. operation against terrorists. Military Tribunals provide far fewer constitutional rights to an accused that civilian courts.
The high courts ruling now raises questions about 450 prisoners being held by the United States at the Cuban military facility. Will they be prosecuted in U.S. Courts, or military courts. The Supreme Court decision did not address the future of the operation, or continued use of the prison facility.
Bush indicated that he may try an end run around his Supreme Court by asking that Congress pass legislation that will allow the use of the military tribunals for U.S held terrorist suspects, according to the Associated Press.
Since the U.S. Launched operations in Afghanistan there have been hundreds of prisoners held at Guantanamo Bay by the United States.
Chief Justice John Roberts, who was one of Bush's appointees to the high court did not take part in the courts decision because he ruled on the case as an appellate court judge. The high courts ruling overturns the ruling of Chief Justice John Roberts that he made at the appellate level, prior to Bush's appointment to the Supreme Court.
Justices Scalia, Thomas, and Alito, another one of Bush's appointees dissented form the majority opinion, and backed the president's policy.
Senator Edward Kennedy, Democrat from Massachusetts, said that the decision of the court is “a stunning repudiation of the Bush administration's lawless behavior at Guantanamo.”
In a prepared statement Kennedy said “As we approach the Fourth of July, it is entirely appropriate that the Supreme Court has reminded the president...that there is no excuse for ignoring the rule of law, even when our country is at war.”
The use of Guantanamo Bay by the Bush administration was a controversial one, and an admitted attempt to keep those prisoners incarcerated off of United States soil, and not subject to United States Constitutional law. Efforts to circumvent the Geneva Convention, as well as U.S. Constitutional law has backfired on the administration. Constitutional law professors, and lawyers seem to think that the ruling is the beginning of the end to the use of the prison camp. U.S. Courts have already accorded the prisoners held certain rights to certain hearings, as well as contacts with civilian lawyers for their representation, and defense. A move that the Bush administration has not been happy with.
SOURCES/CONTRIBUTORS: API; U.S. SUPREME COURT.
Copyright 2006 Randy L. Harrington. ALL RIGHTS RESERVED.
A 5-3 vote of the Justices was a strong rebuke to President Bush's use of military tribunals for 10 suspects arrested overseas in the U.S. operation against terrorists. Military Tribunals provide far fewer constitutional rights to an accused that civilian courts.
The high courts ruling now raises questions about 450 prisoners being held by the United States at the Cuban military facility. Will they be prosecuted in U.S. Courts, or military courts. The Supreme Court decision did not address the future of the operation, or continued use of the prison facility.
Bush indicated that he may try an end run around his Supreme Court by asking that Congress pass legislation that will allow the use of the military tribunals for U.S held terrorist suspects, according to the Associated Press.
Since the U.S. Launched operations in Afghanistan there have been hundreds of prisoners held at Guantanamo Bay by the United States.
Chief Justice John Roberts, who was one of Bush's appointees to the high court did not take part in the courts decision because he ruled on the case as an appellate court judge. The high courts ruling overturns the ruling of Chief Justice John Roberts that he made at the appellate level, prior to Bush's appointment to the Supreme Court.
Justices Scalia, Thomas, and Alito, another one of Bush's appointees dissented form the majority opinion, and backed the president's policy.
Senator Edward Kennedy, Democrat from Massachusetts, said that the decision of the court is “a stunning repudiation of the Bush administration's lawless behavior at Guantanamo.”
In a prepared statement Kennedy said “As we approach the Fourth of July, it is entirely appropriate that the Supreme Court has reminded the president...that there is no excuse for ignoring the rule of law, even when our country is at war.”
The use of Guantanamo Bay by the Bush administration was a controversial one, and an admitted attempt to keep those prisoners incarcerated off of United States soil, and not subject to United States Constitutional law. Efforts to circumvent the Geneva Convention, as well as U.S. Constitutional law has backfired on the administration. Constitutional law professors, and lawyers seem to think that the ruling is the beginning of the end to the use of the prison camp. U.S. Courts have already accorded the prisoners held certain rights to certain hearings, as well as contacts with civilian lawyers for their representation, and defense. A move that the Bush administration has not been happy with.
SOURCES/CONTRIBUTORS: API; U.S. SUPREME COURT.
Copyright 2006 Randy L. Harrington. ALL RIGHTS RESERVED.
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