Reflections on the Supreme Court and Detainees

Some adults who command audiences of millions, commenting on issues that affect the lives of billions, are very stupid. 

First, they refuse to recognize that President Bush is a repeat offender when it comes to Constitutional transgressions. Secondly, they justify illegal acts by citing similar violations by truly prominent United States Presidents.  Lastly, they believe that a Presidential transgression can be cured by a Congressional action.

Two weeks ago, the United States Supreme Court ruled that the Geneva Convention applied to the detainees held at Guantanamo:

Supreme Court blocks war crimes trials for Guantanamo detainees

By Gina Holland, Associated Press  |  June 29, 2006

WASHINGTON --The Supreme Court ruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees, saying in a strong rebuke that the trials were illegal under U.S. and international law.

Quickly, the right wing architects of the travesty in Iraq and the ill directed war on terrorism responded, either attacking the decision:

Logic went AWOL in high court ruling on tribunals - Charles Krauthammer

...During the Civil War, Lincoln suspended the writ of habeas corpus...But he got the whole troublesome business done by 1865 and the Supreme Court stayed away...During World War II, FDR interned Japanese-Americans. He, too, was left unmolested by the court...

...The court feels that the president slighted Congress by unilaterally establishing military commissions. What is odd about this solicitousness for the powers of the legislature is that Congress, which is populated entirely by adults, had explicitly told the judiciary just six months ago that when it comes to Guantanamo prisoners, the judiciary — every "court, justice, or judge" — should bug off.

or suggesting a way around it:

How the Administration Should Respond to Supreme Court's Guantánamo Ruling - Human Events

The Administration can satisfy its legal and national security obligations by amending the rules and procedures governing the Administration’s military commissions to match more closely the Uniformed Code of Military Justice (already authorized by Congress), or Congress can explicitly authorize the proposed military commission process.

The Bush Administration of course appeared unswerving:

Bush Vows to Pursue Detainee War Trials

After a Supreme Court decision overruling war crimes trials for Guantanamo Bay detainees, President Bush said Thursday he will work with Congress to get approval to try terrorism suspects before military tribunals.

Finally some rationality prevailed:

U.S. extends Geneva rights to detainees

WASHINGTON - The Bush administration, bowing to court edict and political pressure, guaranteed the basic protections of the Geneva Conventions to captives in the war on terrorism and asked lawmakers Tuesday to restore the military tribunals now in limbo.

As senators took up the prickly question of how suspected terrorists should be treated and tried, the administration disclosed it had ordered a review of military detention practices to make sure they comply with Geneva standards.

It is real simple. The President cannot violate American law, and Treaties ratified by the Senate. Sometimes the Congress can cure the problem with legislation.

Sometimes the Congress can cure the problem if its own action violates the Constitution.

There are times when President and Congress acting in concert cannot do as they please.  That is when they run afoul of the United States Constitution.

This was a packed Supreme Court; a right wing Supreme Court.  But the administration did not get the message. The NSA spying is still looming over this great nation.