Tuesday, October 17, 2006

Military Commissions Act

So President Bush signed today legislation that should worry all of us. It will be interesting to see if anyone actually challenges the legislation in court. I'd be interested to hear Paul's point of view but I don't think, given both the current composition of the Supreme Court and given earlier cases the Court has decided, that the Court will overturn the legislation. In Korematsu v. U.S., a case some of you may remember as the "Japanese internment case" where a US citizen of Japanese descent was sent to a detention center during World War II because of a concern about persons of Asian descent on US soil attacking the mother land. The Court, while saying that the Constitution, particularly the 14th Amendment, doesn't allow for classifications based on race, in that instance they upheld the practice because of the circumstances of war. The Court may uphold this law for the same reason... we'll just have to wait and see.

Of course, this is just another opportunity for the establishment to paint the ACLU, which actually was created to sustain Constitutionally-granted civil liberties, and the Democrats as soft, crunchy liberals that border on Communists.