Supreme Court Returns Rule of Law

The decision of the Supreme Court yesterday was a return to the rule of law in this country in the most basic sense. The writ of habeas corpus, one of the most fundamental precepts of American law, was upheld even though this administration pushed the Detainee Treatment Act and the Military Commissions Act of 2006 through Congress to circumvent this basic precept. The ruling which was 5-4 in favor of the detainee’s, this was a slap in the face to the Bush Administration that had heretofore counted on the supplicant Congress to willingly follow their incessant attacks on the Constitution.

The prevailing opinion was given by Justice Kennedy, who by abiding by precepts that predated our Bill of Rights, has helped this nation return to the rule of law that citizens in this country can be proud of. The dismantling of the Constitution that this criminal administration has embarked on since it took office with voluminous “signing statements” numerous Presidential Directives and willful disregard for the rule of law have been thwarted by the highest court in the land. All Americans should celebrate this ruling and cheer for the five Justices that put the law over the wishes of this administration. You can see the text of the decision at: http://www.supremecourtus.gov/opinions/07pdf/06-1195.pdf [1]

The ruling which was 5-4 was an indication that the Supreme Court, on a question of fundamental law, which this case represented, was almost hijacked by the conservative Justices including Chief Justice Stevens and Justice Alito, the Bush appointees. This is a wake-up call to the American people that we must not let Senator John McCain appoint conservative judges to the court and finally render them useless in preventing abuses of the checks and balance system of the Federal Government. This has certainly become the case between the Congress and the Executive branch that have colluded with each other to render Congressional oversight meaningless. The Executive Branch has virtually ignored Congressional subpoenas for the testimony of numerous Executive Branch officials to testify on FISA Law breaking, the firing of Federal Prosecutors for political reasons and other violations of the peoples trust.

The Attorney General Michael Mucassey has consistently stonewalled the subpoena’s, claiming that the right of “Executive Privilege”, this was one of the prime reasons for President Nixon’s resignation in the Watergate scandal. What has changed since then? The only answer that I can discern is the complicity of Congress with the Executive Branch. If Congress were completely committed to the return to Constitutional checks and balances, they would file their own criminal suit in Federal Court over the objections of the Attorney General, if this is even possible, or draw up impeachment proceedings against him.