Quote from AAAintheBeltway:
I'm afraid the legal profession and judiciary in general seem more concerned about the "rights" of terrorists held by the government than ordinary citizens.
While the federal judiciary lacks the means to enforce its orders and so may be a marginally lesser threat than the executive branch, they are still a threat. They seem to erode our constitutional right to a democratic form of government at will. Whether it is micromanaging the conduct of war or reading the Takings Clause out of the Constitution, they are pretty much the enemy of ordinary voters.
This latest Gitmo case is an example. The congress had enacted a specific law withdrawing jurisdiction from the courts for these cases, but the Court just ignored it. The President would be fully justified in ignoring the Court's decision. Let the congress either impeach him or be complicit in handing over more power to the Court.
Bullshit.
The Courts questioned the right of Congress in thier suspending aspects of common law, whether they were exceeding the bounds of the Constitution and Suspension Clause. They uphold their learn-ed and considered findings and so they should.
Supreme Court Upholds Right to Own A Gun
You agree with that, so of course were congress to ever try messing with gun restriction the court would not have been " micromanaging" an executive branch ruling
" The police in NO tried to do it in the wake of Katrina before the courts stopped them."
Oh,
the Court's stopped them so no "micromanagement" there either.
But GITMO is micromanaging. Why? Because you don't like A-Rabs and don't agree with the Court questioning Congress of being in danger of enacting arbitrary government in attempting to remove common law from statute without recourse, contrary to the Constitution and outside the bounds of the Suspension Clause?
The Court considers the executive branch is overstepping the mark by potentially removing a Court's legal jurisdiction without question. No Court should rebuff the executive branch on Constitutional or lawful specifics?
And just where the hell would you go for your right to "micromanage" a democratic form of government at will, when a Court does not "micromanage" any longer, and you wake one day to find your estate got confiscated by acts of Congress, without any accusation made against you, and you are thrown into prison with no right to trial on pretences in statute under suspected terrorist / protecting the people /crap in the form of a patriot act for instance. Or God forbid, they take your gun away!
What system can then protect your Common Law rights? The one that tried to remove them? Or the process that denies their violations, each time executive chickens step a little closer home to roost.
Courts are the enemy of the people until one is needed.