Citizen's rights to habeus corpus, and trial by jury, are going the way of Congress's power to declare war. The Padilla case (http://www.siliconinvestor.com/readmsg.aspx?msgid=19832150 and replies) shows that the President now has the power to take American citizens on American soil, and make them Disappear. No arrest, no charges, no trial. They just Go Away, at the whim of the President.
I think you will be very pleasantly surprised at the ultimate result of the Padilla case. I doubt very seriously that the Supreme Court will deny an American citizen the full extent of his Constitutional rights. I would completely agree with the Court if it ruled in Padilla's favor.
If I am correct in this prediction, you will see the checks and balances envisioned by the Founding Fathers in full regalia, a fact that eviscerates some of your arguments.
As far as declarations of war are concerned, the legalities are a bit obscure to me, but I think Congress has enacted laws that authorize the Iraq and Afghanistan incursions. Even if it had not, the Supreme Court could declare a war illegal. Congress could shut off financing, too. Either branch could shut down things if it wished to do so.
Checks and balances work, have worked, and continue to work. The Orwellian scenario you presume is simply imaginary. |
