Wednesday, January 17, 2007

...and he complains of activist judges?

Attorney General Alberto Gonzales, in a speech to be delivered to the American Enterprise Institute, states that federal judges are not qualified to issue rulings that affect national security policy, and should defer to the will of the President in such matters. In the same speech, he chided judges that "apply an activist philosophy that stretches the law to suit policy preferences."

Well. Isn't that special?

I am not really worried about the AG or his impact on much of anything, (he is on his way out the door in two years or less), but he has a lot of room to talk about "stretching the law to suit policy preferences". His boss is the guy who attempts to make his own laws, in the form of signing statements, and generally feels that he, and his actions, are above the legal system and possibly the Congress when it suits them.

What we are looking at is not simply the ravings of a neo-con AG and the administration he represents, it is a philosophy that appeals to people who are frustrated by having to live within the framework of laws and legal precednts that we have commonly accepted as the way we do business. I am not blaming the President, the AG, or anyone for this frustration, but those are the rules. There is a way to change them, through legislation, (admittedly not likely given the makeup of the legislative branch), or amending the Constitution. These people don't want to have to go through that, I mean, can't you simply see that they are right and those who don't agree don't matter?

I too, am frustrated by the same system.

But I am willing to live with the results that the present rules produce, like them or not, until things come around, (and they most generally do). To hear the AG, who also notes that judges who interpret the laws, "actually reduce the credibility and authority of the judiciary", we might see his attitude as accepting the word of a police or government officer as true fact and find all accused guilty and save a lot of time and money. He does not see that he too, reduces the credibility of the judiciary by relegating them to the role of yes men (or women).

Looking at things from a historic perspective, things are pretty cramped for those who make laws and decisions on how to enforce them. The founding fathers probably had no idea of how times would change over the centuries, and it is possible that some adjustment in the Constitution is called for.

But not by these people, and not just because they say so.

The AG's deportment is a lot like a toddler who is not getting his way, and jumping up and down and screaming until someone appeases him/her in some way.

I predict that AG Gonzales will be something akin to the next Bill O'Reilly ort Rush Limbaugh, one of those who does nothing but gripe that things are not going how they want them to...

6 Comments:

Anonymous Anonymous said...

Full transcript:

SPECTER: Where you have the Constitution having an explicit provision that the writ of habeas corpus cannot be suspended except for rebellion or invasion, and you have the Supreme Court saying that habeas corpus rights apply to Guantanamo detainees — aliens in Guantanamo — after an elaborate discussion as to why, how can the statutory taking of habeas corpus — when there’s an express constitutional provision that it can’t be suspended, and an explicit Supreme Court holding that it applies to Guantanamo alien detainees.

GONZALES: A couple things, Senator. I believe that the Supreme Court case you’re referring to dealt only with the statutory right to habeas, not the constitutional right to habeas.

SPECTER: Well, you’re not right about that. It’s plain on its face they are talking about the constitutional right to habeas corpus. They talk about habeas corpus being guaranteed by the Constitution, except in cases of an invasion or rebellion. They talk about John Runningmeade and the Magna Carta and the doctrine being imbedded in the Constitution.

GONZALES: Well, sir, the fact that they may have talked about the constitutional right to habeas doesn’t mean that the decision dealt with that constitutional right to habeas.

SPECTER: When did you last read the case?

GONZALES: It has been a while, but I’ll be happy to — I will go back and look at it.

SPECTER: I looked at it yesterday and this morning again.

GONZALES: I will go back and look at it. The fact that the Constitution — again, there is no express grant of habeas in the Constitution. There is a prohibition against taking it away. But it’s never been the case, and I’m not a Supreme —

SPECTER: Now, wait a minute. Wait a minute. The constitution says you can’t take it away, except in the case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus, unless there is an invasion or rebellion?

GONZALES: I meant by that comment, the Constitution doesn’t say, “Every individual in the United States or every citizen is hereby granted or assured the right to habeas.” It doesn’t say that. It simply says the right of habeas corpus shall not be suspended except by —

SPECTER: You may be treading on your interdiction and violating common sense, Mr. Attorney General.

GONZALES: Um

Here ya go. How is this for logic?

JB

8:02 AM  
Anonymous Anonymous said...

The thing about this is, the AG is not simply a lone bureaucrat who is obliged to defend a policy, his brand of thinking permeates American life at nearly all levels. There are no constitutional or human rights that are invioble to the government, militia's (police), and business of all stripes.

Good to see you back again, where ya been?

E_R

2:36 PM  
Anonymous Anonymous said...

I am hopeful that Congress is going to slap these idiots down soon.

Hi buddy, just got busy around here. Doing stuff for mom, the better half took a day...things like that.

JB

3:18 PM  
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