At War With the Constitution
Mickey at 3 Old Men ruminates on the number of basic elements of the Constitution that seem to be under question recently. Why are we suddenly interested in altering the basic framework of our government?
In line with that, Kevin Drum notes the reluctance of our political leaders to act in accordance with the provisions of the Constitution and obtain declarations of war when it is necessary to use the military for extended periods. The Congress did not actually authorize the Iraq War if you read the bill that was passed, but it refused to hold the President to the limitations contained in the bill.
This leads back to my discussion on habeas corpus: if no war has been declared, where is the basis for suspending the writ?
Djhlights at Exit Stage Left talks about the example of Lincoln suspending the writ during the Civil War, which was the basis for ex parte Milligan. Even though Lincoln was dealing with a rebellion as required by the Constitution, the Supreme Court ruled that he overstepped the bounds in the case of Milligan.
How difficult is “innocent until proven guilty”? It makes no difference what you call the individual in detention, they have a right to due process, so long as it is available.
The only reasonable conclusion that can be drawn is that those in current control of the government of the United States do not believe in the rule of law.
