At 03:43 PM 8/4/2008, Chris Dunford <[EMAIL PROTECTED]> wrote:
Our federal government is supposed to reflect that choice by the laws it
passes. This is not always the case and people may disagree with it.
I disagree with the "supposed to" part. They have a number of democratic
ideals, and a number of constitutional provisions, to answer to, ... and
THOSE take precedence over the opinion of the majority.
Just so.
Thank you. And mazel tov. Not everybody understands this. I'm glad
you do.
That is why, for example, it is wrong to suspend habeas corpus even if a
large chunk of the population is momentarily in favor of it.
I would say that your position is even stronger than you argue it.
Article I, §9 permits no such suspension "unless when in Cases of Rebellion
or Invasion the public Safety may require it." Public opinion isn't even a
consideration. Unfortunately for the Guantánamo detainees, Article I
protections are understood to apply to American citizens, and not prisoners
of war. Even if habeas corpus isn't available, I would like for there to be
at least SOME process by which an independent judiciary can review the
detention orders imposed and enforced by the executive branch. I have a
great deal of heartburn about an executive branch that doesn't want to be
subject to checks and balances.
I can't be the ONLY one, can I?
The government is not supposed to be sticking a wetted finger into the air
every hour to see which way the popular wind is blowing.
If we knew what we were doing, we would put into office only those
people who could read that stuff on the fly, assuming they hadn't first
seen it coming through the Midtown Tunnel. If they HAD seen it, then they
could play the parts of leaders.
Bob
Jaco Pastorius: "Bo be boo bop doo bay."
OK
End
*************************************************************************
** List info, subscription management, list rules, archives, privacy **
** policy, calmness, a member map, and more at http://www.cguys.org/ **
*************************************************************************
