Thursday, June 29, 2006

What is the check against judicial imbalance?

"[N]o court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the Department of Defense at Guantanamo Bay, Cuba."

Even if that were not clear enough, the Constitution confers the role of Commander in Chief for the President and requires the Senate's approval for treaty ratification both of which have been appropriated in this case. So Con Law professors, what is the check against judicial imbalance?

If the Supreme Court declared tomorrow that all persons of a specific ethnicity or religion in the United States must be arrested for the remainder of the year what would the executive branch do? Before you discount that as crazy I would suggest that many would find it equally incredulous for the SCOTUS to usurp both the executive and legislative branch as they have done here.

Again I ask, what is the check against judicial imbalance?

Thanks Hugh Hewitt for linking to Power Line. I will be searching for knowledgeable explanations.

UPDATE: Read Mark Levin linked at The Corner. Still no answer to my question, other than Prying1's semi-jesting suggestion, but it is good to know smart guys like Levin are outraged like I am.


<< Home

This page is powered by Blogger. Isn't yours?