Politics

Terrorism, Guantanamo, and Boumediene v. Bush

by M. Harrison

 

 

On Thursday, the Supreme Court ruled in Boumediene v. Bush that the writ of habeas corpus applied to Guantanamo Bay detainees. The case was the first extension of habeas corpus - a legal tool to challenge the legality of one's imprisonment or detention - to aliens detained on foreign soil.

 

The decision was 5-4, and it quite riled the dissenting justices. Demonstrating their typical originalist belief that ancient legal doctrines can never adapt to new circumstances, both Antonin Scalia and Chief Justice John Roberts filed cantankerous dissenting opinions.

 

Both justices felt the foreign extension of the writ of habeas was unnecessary because a) it never had been done before and b) Congress, in its infinite wisdom, enacted the Detainee Treatment Act that was supposed to do the same thing for those unfortunate souls in Gitmo.

 

Even though the Detainee Treatment Act explicitly denied the application of habeas to Gitmo detainees, the dissenters thought it was good enough because it provided perfunctory oversight procedures as a putative substitute. According to Justice Roberts, since Congress is elected by people, Congress tried to give some review to Gitmo proceedings, and Congress passed the DTA with the noble intentions of keeping America safe, any judicial interference with the DTA is really the denial of the will of the people. It was a nice try for political theatre, but ill-reasoned as a matter of Constitutional law.

The Democrats and their desire to tax all “unreasonable” profits

By Joe Holmes

Everybody has their panties in a bunch about gas price. Sure, it kills me that it costs 45 bucks to fill up my Miata. But does that mean I want my Democratic friends to get in the way of private markets and impose excessive profit taxes on the five largest American oil companies?

51 Senators (out of 94 voting)…a majority…voted to impose these excess profit taxes on the five largest oil companies. Now practically, the Republics were able to filibuster, thereby blocking the bill from passing. But the point remains the same…the majority of the nation’s most powerful legislature believes that it is the government’s place to butt into the private oil market, take excess profit taxes from only the five largest companies, and redistribute these into the big pot that is our tax pool. Besides what the hell does “unreasonable” mean…who is defining this ambiguous term? The people trying to extract money from these private corporations?

The Democrats are quick to attack the oil companies, like they are all too quick to attack private markets in general; they fail to realize that it is not really the companies’ fault. Chevron, Mobile, Conoco…they’re not the ones bleeding the American people. No, it is the collusive cartel known as OPEC that is really putting the screws to all of us. They are tweaking oil supplies and artificially limiting the amount of oil we have access to, thereby pushing the price of oil through the roof. Oil companies are coming along for the ride, but they aren’t the ones driving this uncontrollable train.

The real solution to this crisis is through the market. If Democrats finally recognized that higher oil prices have led the majority of citizens to support drilling in America…in coastlands and in Alaska, then maybe they would help increase the supply of oil. If it costs $70 a barrel to extract oil in America…the corrupt oil countries of the Middle East and Latin America, will soon recognize that they can’t put it to us any more. At $130-$140 a barrel, any increase in supply will drive fear in the hearts of OPEC countries. Trust me, China and India…they aren’t worried about drilling in the secluded, barren parts of their country.

Profit Making Peacekeeping?

One good use for private military companies

By: Matt Fay

Left wing politicians and pundits often tag right wing republicans with the label “warmonger” – sometimes rightfully so. But what these left wingers often forget is that they, themselves, can be just as desirous of military action as their ideological opposites. Typically, when right-wingers call for military action it is usually claimed to be in the name of national security. In the past, when left-wingers desire military action it has been called “humanitarian interventionism.”

One case in point would be the recent situation in Myanmar (Burma). The cyclone that devastated that country, with a death toll closing in on a hundred thousand, has inspired an outpouring of humanitarian support from nations, international organizations, private charities, and individuals. Unfortunately, the brutal and secretive military junta that runs that country has decided to turn away the overwhelming majority of outside aid – exasperating an already disastrous situation.

America’s Next Wars

What global hotspots will the next administration send American troops to?

By: Matt Fay

With the current disastrous wars taking place in Iraq and Afghanistan, it is hard to imagine that other wars would be possible. While many are currently pointing to the possibility of military strikes against Iran – a distinct possibility, but unfortunately, there are those still agitating for military action still elsewhere in the world. Due to a foreign policy based on interventionism, imperialism, and militarism; the fact that the U.S. military is already active in over 130 countries around the globe; and that there are still those that believe it is in the world’s best interest for America to spread “freedom” at the point of a bayonet; the odds of military conflict continue to climb. None of these potential conflicts are set in stone, and hopefully none will come to fruition.
Government and Power Laws

The United States government was created out of a brilliant compromise. It took advantage of factions in and among the states, and used them to create a stable, peaceful system. The small states were concerned that the larger states, with larger populations, would take advantage of the smaller states – so a Senate was created, wherein minorities had complete equality with majorities. The larger states, however, justly thought that majorities should rule in a democracy – so a House of Representatives that represented population percentages was created. The electoral college – a brilliant development that is poorly understood or appreciated – was created to ensure that, with the election of Senators, the states would be the ones represented (we made a grave error in allowing for the direct election of Senators in the early part of the 20th Century, as it made the Federal government less federal, and more national), and with the election of the President, the smaller states would again be more fairly represented. The tenth amendment to the Constitution also made it clear that any powers not given explicitly to the federal government by the Constitution would fall to the states and to the individual citizens, respectively.