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USA b. 7/4/1776 d. 6/12/2008, CPR in Progress June 26, 2008

Posted by cdquarles in Miscellaneous.

Three or so weeks back, the Supreme Court of the United States, in a fit of arrogant pique handed down a deadly decision. Said decision violated the Constitution by dismissing the two political branches powers enumerated in Article I and Article II. Congress declared war, repeatly from 1991 on against Saddam Hussein and other non State actors perpetrating acts of war against us. The President, acting as authorized by the war declaration used his Article II powers to detain illegal combatants for the duration of the war, if it so chose. Congress, following an earlier arrogant usupation, took away from the Supreme Court the power to hear and rule upon certain petitions presented by said illegal combatants.

Today, the Supreme Court issued a ruling that was not only completely within its jurisdiction, it was correctly decided. That is the silver lining. The cloud is that the ruling is, properly so, narrow; and that it was 5 to 4, with one of the dark side justices joining the Fab Four this time. Convincing this ‘swing Justice’ to join the side of the angels this time probably was bought by watering it down somewhat.

Nevertheless, today’s decision is a good one for the Republic known as the United States of America.

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