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Supreme Court Backslides 2,000 Years!

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Just found this and I don't know if I can be anymore shocked... It seems while we are all getting ready for Christmas the dear leaders are gutting everything everywhichway! I did not include the readers comments from this site here, but they are quite good if you want to take a peek.

This is from http://www.nakedcapitalism.com/2009/12/supreme-court-guts-due-process-protection.html

................................................................................................................................................................................- 12/20/2009 - Yves Smith

 

Sunday, December 20, 2009

Supreme Court Guts Due Process Protection

Reader Walter passed along this distressing sighting from Chris Floyd’s blog. American civil liberties were gutted last week, and the media failed to take note of it.

The development? If the president or one of his subordinates declares someone to be an “enemy combatant” (the 21st century version of “enemy of the state”) he is denied any protection of the law. So any trouble-maker (which means anyone) can be whisked away, incarcerated, tortured, “disappeared,” you name it. Floyd’s commentary:

After hearing passionate arguments from the Obama Administration, the Supreme Court acquiesced to the president’s fervent request and, in a one-line ruling, let stand a lower court decision that declared torture an ordinary, expected consequence of military detention, while introducing a shocking new precedent for all future courts to follow: anyone who is arbitrarily declared a “suspected enemy combatant” by the president or his designated minions is no longer a “person.” They will simply cease to exist as a legal entity. They will have no inherent rights, no human rights, no legal standing whatsoever — save whatever modicum of process the government arbitrarily deigns to grant them from time to time, with its ever-shifting tribunals and show trials.

It is hard to overstate the significance of this horrid decision. The fact that the Supreme Court authorized this land grab says we no longer have an independent judiciary, that the Supreme Court itself is gutting the protections supposedly provided by the legal system. Per Floyd:

In fact, our most august defenders of the Constitution did not have to exert themselves in the slightest to eviscerate not merely 220 years of Constitutional jurisprudence but also centuries of agonizing effort to lift civilization a few inches out of the blood-soaked mire that is our common human legacy. They just had to write a single sentence.

Now Floyd saw this mainly as an issue of the treatment of enemy combatants and Obama hypocrisy about torture, which is bad enough:

The Constitution is clear: no person can be held without due process; no person can be subjected to cruel and unusual punishment. And the U.S. law on torture of any kind is crystal clear: it is forbidden, categorically, even in time of “national emergency.” And the instigation of torture is, under U.S. law, a capital crime. No person can be tortured, at any time, for any reason, and there are no immunities whatsoever for torture offered anywhere in the law.

And yet this is what Barack Obama — who, we are told incessantly, is a super-brilliant Constitutional lawyer — has been arguing in case after case since becoming president: Torturers are immune from prosecution; those who ordered torture are immune from prosecution….let’s be absolutely clear: Barack Obama has taken the freely chosen, public, formal stand — in court — that there is nothing wrong with any of these activities.

Yves here. The implications are FAR worse. Anyone can be stripped, with NO RECOURSE, of all their legal rights on a Presidential say so. Readers in the US no longer have any security under the law.

Roman citizens enjoyed a right to a trial, a right of appeal, and could not be tortured, whipped, or executed except if found guilty of treason, and anyone charged with treason could demand a trial in Rome. We have regressed more than 2000 years with this appalling ruling.

Entry #164

Comments

1.
Rick GComment by Rick G - December 21, 2009, 8:14 am
Unbelievable. Animals and trees have more protections in this country than its citizens.
2.
konaneComment by konane - December 21, 2009, 4:37 pm
OMG! Wasn't his campaign platform 180 degrees opposite of what he just argued for and got??????? Wonder how his avid supporters that bought in to the bs feel now?
3.
TigerAngelComment by TigerAngel - December 21, 2009, 9:51 pm
Thnx Rick G and konane. My lib friend is finally feeling disallusioned. Check out Todd's post today regarding the Repubs fighting this crap to the end to the tune of Churchill's speech during WW2. Yep, I think his campaign promises were all lies and it's become clear.

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