To: longnshort who wrote (10636 ) 4/18/2004 1:07:52 PM From: Karen Lawrence Read Replies (1) | Respond to of 173976 Yes, Bush has violated the Constitution - 5th and 14th amendments - right to due process. Despite the fact you're completely ignorant of Constitutional rights, I support your first amendment right to post such crap. "A court of the United States has no jurisdiction . . . to enjoin the president in the performance of his official duties." Therefore, according to the Justice Department and the president, the separation of powers—at the core of the Constitution—has been suspended in the war on terrorism. Somebody ought to tell Congress. Why have none of the Democratic presidential candidates, except for John Edwards, mentioned this hijacking of Padilla's rights by the president they want to replace? Why has the press in its many manifestations not stayed on this case? How many Americans know that George W. Bush believes that, as commander in chief, he is beyond the reach of the courts? As attorney Jonathan Freiman's brief to the Second Circuit—for a coalition of prominent civil liberties organizations—says in Padilla v. Rumsfeld, Bush's commander-in-chief argument "would give every President the unchecked power to detain, without charge and forever, all citizens it chooses to label as 'enemy combatants.' " Freiman quotes Supreme Court Justice Robert Jackson's concurring opinion in Youngstown Sheet & Tube v. Sawyer (1952) that the commander in chief's power "is not such an absolute—as might be implied from that office in a militaristic system—but is subject to limitations consistent with a constitutional Republic, whose law and policy-making branch is a representative Congress. . . . No penance would ever expiate the sin against free government of holding that a President can escape control of executive powers by law through assuming his military role." (Emphasis added). And Justice Jackson, dissenting in a case about a basic denial of due process (Shaughnessy v. United States, 1953), thundered, "It is inconceivable to me that this measure of simple justice and fair dealing [due process] would menace the security of this country. No one can make me believe that we are that far gone." Are we that far gone, Mr. President? villagevoice.com