PrestoPundit

ANDY McCARTHY WEIGHS IN

Posted by PrestoPundit on 06/17/2008

on habeas corpus and the Supreme Court.  Quotable:

It would be preposterous to believe that the Framers intended the
American people’s courts to be available to the enemy, during a war the
American people have decided to wage, in order to harass and dispirit
the government officials the American people have charged to wage it
and the forces which are doing just that.

Such a delusion is
possible only if you think the courts belong to the judges, not the
people, and that it is the role of the judges to exist as an
independent, supranational tribunal where people outside our
body-politic, including our enemies, are welcome to press their case
against our country.

If foreigners want to advance such claims
against the United States, that is the stuff of diplomacy,
force-of-arms, or international tribunals if we have agreed to submit
to them by democratic means. It is not the job of our own courts,
derived from a farce that the habeas corpus rights preserved by our own
Constitution were meant to run to the benefit of our enemies..

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