The Truth Shall Set You Free…It might piss you off first, but it will set you free.

Separation of Powers – It’s a Pesky Problem or A Case for Republican Constipation

Posted by politicalmonkey2010 on February 10, 2010

In keeping with yesterday’s post about the way the Constitution works it is worth noting there is this thing called Separation of Powers, the framers of the Constitution deliberately created three arms of the government, Executive, Legislative and Judicial, all with the the intent that no one of these branches can have absolute power or abuse the power it has.

Keeping this in mind, lets talk about the Umar Abdulmutallab who I will refer to as the  Underwear Bomber and other terrorist, and of course let me address those conservative pundits, fringe groups and folks out for political office who are barking that Obama is soft on terrorism by giving the Underwear Bomber a civilian trial, as opposed to a military proceeding.

According to Kate Martin, the director of the Center for National Security Studies, in Washington, the military can’t simply grab suspects inside the U.S. and hold them without charge or a hearing. “It violates the Constitution, which extends to everyone inside the U.S.,” she said. “You can’t be seized without probable cause. You have the right to due process, and to a trial by a jury of your peers—which a military commission is not.”

Was anything different with Bush?  It wasn’t!!!!   José Padilla a US citizen, and Ali Saleh Kahlah al-Marri (Qatar)  arrested in the U.S. by law-enforcement officials, and indicted on criminal charges.   Bush declared Padilla and Marri to be “enemy combatants,”  by which he meant they could be transferred to Gitmo, or military custody, for interrogation and detention without trial.  This twisted all kinds of people and in both cases the appeals courts ruled that Bush had overstepped his power.  Not willing to risk a Supreme Court defeat, returned the suspects to the civilian system.

Here are the facts on all the tough talk on terrorism from Bush, according to statistics compiled by New York University’s Center on Law and Security, since 2001 the criminal courts have convicted some hundred and fifty suspects on terrorism charges. Only three detainees—all of whom were apprehended abroad—were convicted in military commissions at Guantánamo.

The Bush Administration obtained life sentences in the criminal courts for two terror suspects arrested inside the U.S.: Richard Reid, a British citizen, the so-called shoe bomber, and Zacarias Moussaoui, who was planning a second wave of plane attacks. Both of these men received life sentences in a CRIMINAL court.  And when those sentences came down there were great applauds about what a wonderful job the Administration had done.

But now we have the Underwear Bomber, and a new administration all of a sudden you are unpatriotic if you follow the US Constitution, and it is not acceptable to try this man in a criminal court.  Eric Holder is being sacrificed, Pres. Obama is accused of being soft on terror.    Politicians, including the newly elected Scott ( I am an Independent, but I am running under the Republican Party) Brown have joined forced with groups like “Keep America Safe”  which should really be called “Keep America Afraid”.

Let’s talk a little bit about Keep America Safe, guess who the founders are?  Elizabeth Cheney (daughter of Dick Cheny – you remember him?), William Kristol a regular contributor to Fox News, and Debra Burlingame who lost her husband during 9/11.  I don’t think there is an American on the planet who would said they didn’t want to keep America safe, do you?  But does keeping America safe include disregarding the Constitution? Just throwing that out because it is too pesky!  Those folks wrote that document over 200 years ago, certainly it must be outdated by now. Right?  Right?  Does keeping America safe include holding rallies that divide Americans?  On Dec. 5 in Manhattan there was such a rally organized by the above mentioned group, where people shouted out vile things to Eric Holder, the Attorney General, including but not limited to things like traitor, one person yelled out “lynch him”..yes by the way Eric Holder is black.  I don’t know about you but my lily white ass finds these types of group dangerous, more dangerous than any Muslim on the street.

We should not be afraid of our laws, we should not be afraid or ignorant of our Constitution.

Please take the time to read http://www.newyorker.com/reporting/2010/02/15/100215fa_fact_mayer

I have taken liberties with the very well written article, I have paraphrased and  quoted their stats.


One Response to “Separation of Powers – It’s a Pesky Problem or A Case for Republican Constipation”

  1. Great info! I recently came across your blog and have been reading along. I thought I would leave my first comment. I don’t know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.

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