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Supreme Court Decisions
I have never been one to attack the Supreme Court over their decisions and powers. I am a firm believer in the checks and balances our constitution provides, so that no single branch can dominate the country. But things are starting to change...
When the Supreme Court ruled that the US military must abide by the Geneva convention when dealing with illegal combatants, they completely overstepped their bounds. Whether or not you agree with the decision in spirit, there is one area where there is no debate: THEY HAD NO RIGHT TO MAKE THAT DECISION. Here's why: By deciding that illegal combatants, meaning terrorists or any other combatants not formallty representing a sovereign nation or in official uniform, must abide by the Geneva convention the Supreme Court has signed a de-facto treaty with groups like Al Quaeda. Only the legislative and executive branches have the right to do this. Also, there is no legal backing for he decision as the Geneva convention SPECIFICALLY offers no benefits to the illagal combatants I described. Keep in mind, also, since the courts essentially signed a wartime treaty and is holding the US to that treaty with no agreement from the other party, only the US is held accountable for Geneva conventuion articles. The absurdity of this entire situation and the thinking behind it mystifies me. Here is the article I'm referring to, in case you are wondering if I'm making this up. Quote:
This ruling, combined with the horrific ruling that local government can condemn housing to sell to corporations to increase tax revenue, and the Courts are completely out of there minds. Its to the point where the constitution is being trampled to support political agendas and the only way to stop them is to amend the constitution (and I'm not talking about gay marriage bans). This should NOT be happening and the power that the courts have assumed is far beyond what was intended. |
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From what I understand, the Geneva Conventions don't make any mention of "illegal combatants." So we don't know whether they apply or not. Actually, the term "illegal combatant" was coined by the Bush Administration in order to justify their system of detentions. Otherwise, anybody they detained would have to be either a criminal (in which case they are tried under the normal court procedures) or an enemy combatant (in which case the Geneva Convention does apply).
You also quoted only a small part of the applicable section of the Geneva Convention. The definition of a prisoner of war reads as follows: Quote:
Also, I've read portions of the Supreme Court decision (not all of it because that thing is HUGE), and there are a couple important distinctions I think you've missed. The court did not exactly say that Geneva Conventions must apply to detained terrorists. What it said was that the treatment and prosecuting of detainees in keeping with the President's war powers must follow the Uniform Code of Military Justice since that is what Congress passed. The Geneva Conventions are written into the UCMJ, so when the Executive detains people, it must follow the established procedures (including open court martials and certain rules of evidence and so on). You are correct that the decision of whether and how to apply the standards of the Geneva Convention to illegal combatants is up to the Congress (at the behest of the Executive). However, the Supreme Court's point is that Congress did not make any decision one way or another regarding the Bush Administration's detainment policies. President Bush decided on his own to veer away from the Geneva Conventions and thus the UCMJ, but the Court ruled that just because Congress took no action on the issue doesn't mean that the President can decide it for himself. So basically, the Supreme Court ruled that President Bush needed to get permission from Congress in order to treat prisoners in ways that were not in accordance with the UCMJ. As far as this decision is concerned, an act of Congress will cure the problem. Of course, then that will probably bring another lawsuit before the court, but we shouldn't speculate about that here. So in reality, the Court's decision doesn't have anything to do with enacting a treaty between the U.S. and Al Qaeda. Rather, it is a question of balance of powers and who gets to set our policy. I would also note, by the way, that certain parts of the Geneva Accords are considered to be binding treaties between the U.S. and the rest of humanity. The logic is that the U.S. promised most of the other countries of the world that it would treat prisoners in a certain way and in return other countries promised each other and the U.S. that they would treat all of their prisoners in a certain way. Whether Al Qaeda itself was a party to the treaty or not is only relevant to portions of the Accords which specifically say that they apply only to signing parties. P.S. I miss these discussions. |
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I was under the impression that the decision directly referenced the Geneva Convention, but my point still stands because the GC are used in the military rules and are STILL being misinterpreted. BTW, I refer to them as illegal combatants as my own term to describe those that do not fall under the GC. I never meant the say that the term was included in the GC.
I am aware of the entire document, but I only quoted the part that SPECIFICALLY EXCLUDES those detained by our policy because I know no one would want to read the whole thing. These areas that are bullet pointed are put in place for a reason: - that of being commanded by a person responsible for his subordinates - that of having a fixed distinctive sign recognizable at a distance - that of carrying arms openly; - that of conducting their operations in accordance with the laws and customs of war. The fixed distinctive sign and conduct portions exclude most of those that we detain. That said, if we are detaining any that did follow all of the GC rules, then they should be provided the protections. There might be areas in the GC that could be interpreted to protect these illegal combatants... if these bullet points didn't specifically exclude their protection. Now in a document that is a bit ambiguous, don't you think that such specific exclusions were put in place for a reason and with purpose? I have to think that they are full in the spirit of the document. Also, referring to the contract with humanity, once again I'll bring up the specific exclusions. We signed a treaty with humanity, not terrorists who refuse to follow the codes given. The GC even gives the ability for rebels and resistance fighters to be recognied by its articles, but those that we are fighting ignore them and refuse to operate under insignia or proper conduct. If they refuse to follow the rules of the GC, why should we be expected to operate under a disadvantage and respect their rights under it? BTW, what are your thoughts about the imminent domain decision to allow private companies to force you to sell your property? Seems like a recipe for extreme corruption and abuse to me, all in the name of higher local government revenues. Dispicable (and I don't use that word often). |
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But that's a difference in philosophy, and although I think I understand where you're coming from, all of that is not the issue here. As I said before, the Supreme Court did not specifically make a decision about whether the Geneva Conventions apply to detainees under the unlawful combatant label. It said that the decision whether or not to apply those standards is properly made by the Congress. Congress may decide collectively that it agrees with you and that illegal combatants do not receive protections under the Conventions. This is pretty typical of the Supreme Court, actually. Particularly when its members are as divided as they are now, the Supreme Court tends to base its decisions on little procedural issues like this rather than trying to make some kind of ethical statement. I have the feeling that Anthony Kennedy wouldn't have joined into the majority if the decision had been "the camps must go." Quote:
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I don't know. I'm not a lawyer yet, and I don't claim to be able to read the Supreme Court's mind. But I just don't think that the mere fact that terrorists claim allegiance to a loose network of cells rather than a fully organized government is a reason to throw out several decades of time-tested and formulated law in the form of the UCMJ and Geneva Convention and make up brand new procedures based on a new definition of the enemy. Do our policies have to be modified? Arguably so. But to take a step back from interpreting the Court's decision for a second, I personally think that the Bush Administration went about it totally the wrong way. There was too little debate about their detainment policies and afterwards there was too little information being given about how many people were getting indicted or charged or released. Major decisions like this can't be trusted to one administration, no matter how wise it is. Quote:
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But I'm open to changing my mind on that point because, as I said, I don't feel I've read enough about it. The main point I want to make is it sounds like rather than actually approving of the seizure, the Court refused to nullify it. I don't know what the Court thought about New London's plan as far as its economic merit, but courts generally don't like to flat out rule against a property condemnation. There's too much precedent to do that lightly. And instead of getting the judicial system mired in the details on a case-by-case basis, the Supreme Court simply overruled the challenge. If that means Congress and state legislatures start moving to limit the impact of the decision as much as possible, I don't think that would bother the Court very much. Again, I don't know whether I agree with the decision or not. However, what I've read seems to indicate that people in the legal community were not terribly surprised by the decision and that the legislatures and the media were the ones who made a big deal out of it. |
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I've said this for a while now and there are only two resolutions to this cultural conflict. 1) An Islamic reformation, which it is badly in need of, or 2) A complete subjugation of one people by the other. The cultural war is coming, and its coming soon. My original estimate was in 50 years, and then I ratcheted it down to 10. Thoughtful discussion and diplomcy normally works, but how has it EVER WORKED IN THE MIDDLE EAST? It never will until the westernized form of it exists. It needs to recognize the separations between the religious and secular. They need to start believeing in NATIONALISM as well as their faith. They also need to honor and respect other faiths and governments other than their own. But I think its too late for that. The Islam that we've grown to know and hate has reached a tipping point across the world, especially in Western Europe. Doubt me if you wish, oir cal, me a nutbag, but just wait and see. The world is going to have to choose what side they want to support and support it with arms and the blood of their people. Now I've gone and depressed myself. I'm done talking about it. |
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One day Santa will reclaim his place as king of England and the Middle East will bow down to the great and mighty duck people.
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Well, I've been busy lately which is why I'm late with this reply. But here we go.
I'll just skip over your rant on waterboarding since you've said it's not relevant. I'll just note here that it's all well to say it's ok to waterboard a terrorist, but we've been waterboarding people who have done nothing wrong except (for example) having an Afghan warlord declaim them as terrorists to the U.S. And you sound more than a little frightened through it all. Quote:
Well, one thing is for sure: neither of us should get to make the decision. Nor should the President. You think you know what the writers of the GC intended, but there's really only one thing that's certain: those writers didn't intend for the Geneva Conventions to be overturned by someone just because they think they're no longer relevant. Have a look at Article 5 of the Geneva Conventions. "The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal." Even if you're right, reasonable people disagree on whether the Geneva Conventions apply, and the proper way to resolve this is to have a tribunal determine the status of the prisoners. No such thing was done in this case. You can't just override the Geneva Conventions like that. Quote:
Yes, Palestine elected Hamas. Do you think it's because the average Palestinian loves himself some suicide bombers? The fact of the matter is the PLO was corrupt in many districts, and so Palestinians were faced with the rather unsavory choice between a corrupt PLO who (other than perhaps Mahmoud Abbas) didn't really have the people's interest at heart or Hamas who occasionally tried to improve schools. All politics are local, even in Palestine, and so the elections kicked out the PLO. That doesn't mean that the average Palestinian was actually endorsing Hamas. And, you may want to note, immediately after Israel withdrew from Gaza, terror attacks dropped drastically even with Hamas in the government. And of course, the nice thing about elections is that if you don't like the result, you can just wait for the next one to fix things. I know you want us to wait 10 years to see whether World War III erupts. I think I would prefer to wait 4 years. As for Lebanon, it wasn't exactly a surprise that Hezbollah started attacking Israel. But it may not be for the reasons you think. I suggest you read this article which was written right after Syria withdrew from Lebanon. In particular, check out this paragraph which predicts exactly what happens a year after the article was written: Quote:
By the way, the history of Israel's withdrawal from Lebanon is very interesting. Terrorist attacks dropped to all time lows in the aftermath, and a relative peace ensued for over five years on that front. Meanwhile, international pressure mounted on Syria to withdraw from Lebanon. Everybody from the European Union to Saudi Arabia and Egypt was calling for it, and the Syrian government found itself isolated. And so in 2005 it withdrew. The Lebanese government had a lot of trouble getting Hezbollah under control. What else would you expect from a country whose government is only a year old and has just been essentially under foreign rule for over a decade? There was a political vacuum left which Hezbollah is now stepping in to try to fill. As odd as it may seem, Israel is incidental to Hezbollah's ambitions for the moment. There are two points I'm trying to make here. One is that contrary to what you may think, Hezbollah's attacks are not a response to Israel's withdrawal. It's not a case of, "Israel has retreated. They are showing weakness, and therefore we will renew our attack." That would be very odd considering that it took Hezbollah more than five years after the withdrawal to mount their attack. The crisis in Lebanon was precipitated by Syria's actions and Lebanon's inability for whatever reason to assert control quickly enough. The second point I want to make is that in this case, diplomacy worked. Israel withdrew. Terrorist attacks dropped. And thanks to continued pressure by governments all over the world, Syria withdrew and Lebanon became independent. Sure, there's a flare-up now, but that's to be expected with these kinds of things. You might even read it as a movement in its last throes (to borrow Dick Cheney's phrase) since if Hezbollah fails to set the region on fire, they will be effectively isolated to wither on the vine. I should also note that Hezbollah's actions have been specifically condemned by Saudi Arabia and Egypt among others, and some journalists in the area even report that the Lebanase are very annoyed with Hezbollah. If we can break Hezbollah's attack and get the Lebanese government firmly in control, then Israel's withdrawal will be well worth it. Quote:
Besides, I'm not a soldier nor am I a member of the administration. Neither are you either of those things. So what can we do really except try to educate ourselves? Incidentally, there's a very interesting interview carried out by BBC Radio with a CIA agent. This agent (who was part of the task force tracking Bin Laden) revealed that back in 1998 or so, we had an opportunity to assassinate Bin Laden. The plans were ready and approved and the agents were ready to pull the trigger (figuratively, because he didn't reveal the exact method that was going to be used to carry out the assassination). But in the end, the Clinton Administration called it off because for some reason they felt that it would upset a trade deal that they were brokering with the Chinese. Just thought I'd throw that out there. Quote:
It does you no good to act as if the Middle East is a big monolithic threat looming over the West. They are far from united. Every Middle Eastern country has their own agenda, and they are just as likely to commit acts of aggression against each other as against us. Organizations like Al Qaeda have captured our attention because they talk about reforming the entire world to their Islamic state, but the truth is even they are often used as pawns by the governments of other countries to further their own interests - which usually don't include world domination, believe it or not. If we were to withdraw entirely from the region and allow everybody to work it out on their own in whatever way they want, we would cease to be a target. Whether we find that to be a morally acceptable option is a different matter. Quote:
Also, your prediction about the upcoming culture war is a guess. It may be informed. It may have some thought behind it. But it's still nothing more than a glorified guess. We can't even predict what the American economy will look like 5 years from now. We can't even predict how long any particular war is going to last. I don't think you're crazy, but frankly, I find your assertion that you know what's going to happen ten years from now a little conceited. And until we have something better than a hypothesis of the future, I prefer to act as if we all still have some control over our destiny rather than retreat into futility and blind violence. |
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[quote]There are two points I'm trying to make here. One is that contrary to what you may think, Hezbollah's attacks are not a response to Israel's withdrawal. It's not a case of, "Israel has retreated. They are showing weakness, and therefore we will renew our attack." That would be very odd considering that it took Hezbollah more than five years after the withdrawal to mount their attack. The crisis in Lebanon was precipitated by Syria's actions and Lebanon's inability for whatever reason to assert control quickly enough.[quote] That is your opinion, just like I have my opinions, and I disagree FULLY. Lebabnon is a demcracy beholden to its fanatical terrorist group, which is a member of its parliament. Hezbollah provides friggin' social programs for the country, so who do you think really runs the country? The parliament? Hardly. Hezbollah needs to dissolve or change in a very fundamental way if any Lebanon is ever going to be a real democracy. Quote:
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Sorry if my opinions aren't yours, but your arrogant and pathetic attempts to paint them as ignorant instead of just severe (which I agree they are) is just an attenpt to invalidate the opinion without intellectual honesty. I am aware of the situation in the middle east and I would love to be able to sing cumbaya with them and the rest of Islam, but I don' think that will ever happen until Islam changes at its CORE. I think the time for traditional diplomacy was 30 or more years ago, but a combination of factors (increasingly violent factions, population growth being the big two) are making me believe that its too late and we need to start preparing to the contingency that the western way of life may be under attack in a short period of time. Maybe I'm nuts, but I don't think I am, and I think I have enough history and evidence to at least have my opinion considered and not simply made irrelevant out of hand. |
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Ok, I'm sorry about that. I really am. It's just that I see people who I know are true idiots saying a lot of the same things you do, so I guess I'm used to conflating anyone with that opinion into the same box. It was wrong of me.
Still, I have to say that part of the problem I had with your post was that you kept saying things like, "Lebanon has also attacked from the areas that Israel gave back." It made it sound like you thought Lebanon and Hezbollah are the same thing, and although the two are interlinked, I really do think they are separate entities with different interests in mind. Lebanon may not like Israel that much, but I think they are at least realistic (or scared) enough not to act too belligerently towards Israel. And then when you say things like, "the complete subjugation of one people by another," I'm not sure what I'm supposed to think that means except some kind of rule by one over another. And although it may not look like it from my posts, I'm not convinced that Islam is a saintly peacenik religion without any violence in it. I just don't know enough about it one way or another, and I've heard convincing arguments both ways. I also believe, however, that money makes the world go round even more than Allah does. And if we managed to stabilize the Middle East and incorporate its immigrants into our countries in such a way that they all grew affluent along with the rest of us capitalists, pretty soon they won't care whether or not our women are uncovered. And I don't think you accomplish such a thing by being scared of Muslims and bracing yourself for a cultural storm you think they're going to bring. Form a contingency plan if you really think you have to. But I still think that in the United States at least, a good old-fashioned American welcome complete with movies, cars and wealth will tame even the most belligerent groups over time. Europe is a different matter, and I think European racism (frankly, in a lot of ways they're more racist than Americans) is as much to blame as fundamentalist Islam. It's hard for Muslims to trust majority races when the very sight of their headgear causes them to lose their jobs. By the way, I freely admit that I like to use precise language in these kinds of discussions. I'm uptight about these things. If I feel you aren't being precise enough with your terminology, I will call you out on it. And yes, I would like to try to put everything into an empirical formula as much as I can, and when I don't think I have enough information, I refuse to commit to what merely appears to have "the most evidence" at the time. This should not surprise you. And if you don't like talking to a stuck-up ass like me in a political debate, that's too bad because it seems I'm pretty much the only one who will ever respond to you. And I don't mince my words just because I think you might get offended. I'm sure you can understand that. ;) |
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