Quote:
Originally posted by Tyrone Slothrop
The Supes said this is the way the law is, and if no one likes it, Congress can change the law. That would be the Republican-run Congress.
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Yes, though the mantra will probably be that the remaking of the federal judiciary is incomplete. Help elect us so that we can complete the process with conservative judges who will defer to the Executive instead of requiring, as Hamdan seems to do, that the Executive comply with limitations put in place by, uh, Congress.
Balkin makes the point that there's nothing unconstitutional, necessarily, about these commissions or about rending the shit out of prisoners if that's what Bush wants to do. The problem is that "rather, the Court told the President that under Article 36 of the Uniform Code of Military Justice (UCMJ) and Common Article 3 of the Geneva Conventions, he could not do so."
So, Slave, the simpler route is to have Congress change the UCMJ, or declare that Geneva doesn't apply. Which you can do more directly with your Republican Congress actually passing something, instead of going back to the Judicial Wailing Wall. Wonder which approach today's GOP will take?
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