Wednesday, February 22, 2006

So Who Can Intercede (or Review) the Actions of the Executive Branch?

"In December, Congress passed and President Bush signed the Detainee Treatment Act, sometimes referred to as the Graham Amendment, which removed from the federal courts jurisdiction to hear challenges brought by Guantánamo detainees to their confinement and treatment." NY Times, February 22, 2006

Did I miss this? So will those guys just rot there? The Administration says they're still obtaining intelligence from these people...uhm...how different are things now than they were four years ago? How many of Al Qaeda's number 2 or number 3 guys have we polished off? Wouldn't that necessarily require a certain re-tooling of the ole organizational chart?

But I guess my real shock is that federal courts (let's face it--the home of conservatism lately) are excluded from reviewing any of the detainees' status (stati?). So I ask again, who is left to check the power of the Executive Branch? See, our Founding Fathers were all about the balance of power. Now, with a self-declared (by the Executive Branch)war with no end in sight, and ever-frantic calls from the White House for unfettered power, what has happened to checks and balances? Does anyone think that Congress, which has abdicated it's role with the passage of this legislation, is suddenly going to grow a backbone and stand up to this?

This has all the makings of a Constitutional crisis...

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