Monday, January 4, 2010

A Constitutional Crisis and Security Crisis

So says Andy Mc Carthy in National Review The Constitutional Crisis and the Security Crisis
On detainees, either ignore the judges or rein them in.
We do not want a situation where the executive is defying the courts,” a senior Obama administration official told the Washington Post. The spokesman was rationalizing the administration’s release of jihadist detainees, who are returning to the jihad and targeting Americans. Such defiance, said the official, would be “a recipe for a constitutional crisis.” Evidently, the president doesn’t appreciate that we already have a constitutional crisis.
These are not just bad decisions. They amount to a scandal. Let’s count the ways.
First, there is the matter of the ongoing constitutional crisis that, as al-Qaeda’s attempted Christmas Day attack amply demonstrates, is now endangering our nation. The Constitution gives the political branches plenary responsibility for the conduct of war. The conduct of war includes the detention, trial, or release of enemy combatants. The federal courts have no role except the one they have usurped. This brazen power grab flouts the bedrock constitutional separation of powers, and the political branches do not have to abide it. Indeed, as national defense is their chief responsibility, it is their duty not to abide it.
This is a long article, well worth reading.

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