Habeas Corpus Rules the Day

The Supreme Court decided 5-4 last Thursday that foreign suspects held at Guantanamo have a right to challenge their detention in American Courts. "The laws and Constitution are designed to survive, and remain in force, in extraordinary times," Justice Anthony M. Kennedy wrote for the majority in Boumediene v. Bush. "To hold that the political branches may switch the Constitution on or off at will would lead to a regime in which they, not this court, say 'what the law is,' Kennedy added.

McCain reacted by stating it was "one of the worst decisions in the history of this country."

Maybe I missed something in school, or maybe I don't understand the separation of powers between the three branches of our governmentbut I don't think so. This ruling seems to return us to the checks and balances that are necessary for this great country to operate as intended.

"The true measure of a society is how well it provides for it's weakest member." There is some confusion about whom this quote comes from, but I think of it often and wonder.I wonder about what playing the world bully in the hall says about us as a country. I fear ill. To say the people in our custody are not citizens does not comfort me. We must as a civilization treat everyone with respect and due process. To work by the assumption that tough and fair are mutually exclusive seems less than juvenile.

To say that our courts cannot find a cause to hold criminals nor terrorists seems ridiculous. Does anyone really believe if Osama Bin Laden were an American Citizen we would have no foundation to hold him, try him or find him guilty? I for one have faith in our Constitution and the rule of law. I have no confidence in anyone holding themselves above either the Constitution or laws of the land.

Justice Scalia went the furthest adding that we are, "at war with radical Islamists," and this ruling "will almost certainly cause more Americans to get killed. The nation will live to regret what the court has done today."

The claim of "judicial activism," I find up surd, as the interpretation of our laws and Constitution, despite the times, are exactly what the Supreme Court is charged with. Indeed, it is no reach of their responsibility, but exactly what they are charged with.

Barack Obama has called Guantanamo "a legal black hole." A black hole this ruling may indicate we are emerging from. Restraint on tyranny is a healthy sign as we must not indeed cannot rely on individuals always doing the right thing.