Monday, September 12, 2005

King George

This is a few days old, but that makes it no less important. Seems the Fourth Circuit Court has determined that the president in essence has the powers of a king. In a decision clearly against the Constitution:
A three-judge federal appeals court panel ruled unanimously on Friday that President Bush had the authority to detain as an enemy combatant an American citizen who fought United States forces on foreign soil.

The panel of the United States Court of Appeals for the Fourth Circuit, based in Richmond, Va., threw out a ruling by a trial judge in South Carolina that Mr. Bush had overstepped his bounds by detaining Jose Padilla, a Chicago native, for three years.

...

"The exceedingly important question before us is whether the president of the United States possesses the authority to detain militarily a citizen of this country who is closely associated with Al Qaeda, an entity with which the United States is at war," Judge Luttig wrote. "We conclude that the president does possess such authority," citing the Congressional authorization.

DavidNYC at Dailykos covers this, but to me (a PhD in Engineering with an interest in history and an ability to read) this violates many of the Constitution's Amendments, particularly the 5th:
Amendment 5 - Trial and Punishment, Compensation for Takings

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

We are now living in a monarchy (at best) or a dictatorship (most likely), and the judiciary is complicit. Heil Bush!

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