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Why I will vote Republican.

John Paul Stevens 88
Ruth Bader Ginsburg 75
Antonin Scalia 72
Anthony McLeod Kennedy 71
Stephen Gerald Breyer 69
David Souter 68
Clarence Thomas 59
Samuel Alito 58
John G Roberts 53

There's a near certaintly that the next President will be appointing at least one Justice to the Supreme Court and I'm pretty sure Senator Obama will not be appointing any Constitutionalists. The Republicans are in the throes of terminal "been in power too long" disease, and the ranks of them in Congress will be thinned still more this cycle, I'm thinking. Which will perhaps get the party more focused and winnow out the ones who see the job as an entitlement, vice a privilege. We'll see.

Best a conservative can hope for, this cycle.

In that the Republicans can wander in the wilderness and see what they wish to become - relevant, or the relic of a time gone by - as Fred suggests in the comments here.

If I'm going to have to have a virtual Democrat in the White House, I would rather it be Senator McCain than Senator Obama.

I said I didn't see the Boumediene decision as the end of the world. That doesn't mean I thought it was a good decision, nor a good precedent. So, I'm thinking we don't need another Justice who thinks like Justice Kennedy on the Court

15 Comments

John, I agree with your point and would add for others to consider that the 2 most important jobs the President has is the Commander-n-Chief and the appointer of federal judges. Of course the Supremes are the most important, but he appoints all federal judges (with advice and consent of the Senate, of course). Look at the 9th circuit if you want a reason to not vote for Obama. Considering that the congressional Republicans will be wondering in the wilderness for at least another 2 years, McCain is the best choice for an appointer of judges since he has proven he can get things done across party lines. On that other job most of us at this blog have a personal interest in: the thought of Obama as C-n-C depresses me…
 
John, you really frighten me when you start agreeing with Scalia and Roberts. This was the THIRD TIME that the SC said "listen to us: you don't get to suspend habeous corpus unless there's a civil war going on in our country. What did you not get the first two times we said this?" Thank God Kennedy is there to moderate between the two wings. I can't imagine how many 5-4 rulings we've had in the last seven years. The law ought not to be that difficult where there are so many opportunities to have significantly divergent views on American liberties. Last point, I think there are some who think they see "judicial activism" when they ought to be seeing "independent third branch" playing the role it's supposed to be doing - acting as a catch to when the Executive and Legislative branches screw up and make bad decisions based on emotions and political baggage. There are better reasons to vote Repub than this one (although frankly I can't think of any reason to vote Repub). And in what universe is John McCain a virtual Democrat? He's voted lockstep with Bush for the past three years (in fact, every year since 2001 except for 2004, the election year).
 
Jason...listen to us. These men are FOREIGN ENEMY COMBATANTS. What part of "they don't qualify for having any rights under our constitution beyond what congress deems them to have based on section 8 of article I" do you not get? These are not criminals, sir, they are foreign ENEMIES! Why don't you understand that, indeed, we don't believe our constitutional protections extend to everyone around the globe because they are not Americans, we don't own the entire globe (even if you like to accuse us of wanting it) and giving such enemies such rights constitutes making them legitimate actors and elevating terrorists and terror acts to the status of acceptable warfare. Why don't you get it that that makes the world more dangerous, sir, because we continuelly tell people that they do not have to abide by any rules but we will give them more and more leeway to commit their acts and be accepted as part of legitimate civil society. Screw that!
 
I would like to go into great detail about how Jason has it bass ackwards, as we say in the South, but I have supper on (it’s 19:30 in the UAE). Lincoln suspended habeas corpus in the US Civil War and that was one of his moves that drove most Kentuckians to the Confederacy. However, by the Geneva Convention, these people are illegal combatants and the US would have been within international law to summarily execute them, but we didn’t (‘cause we’re the good guys, whether you believe that or not). Therefore, suspending habeas corpus in a civil war (IMHO) is the height of tyranny, but to not even mention it with illegal combatants is not only prudent, but within all pre-existing case law. Now, I have to go check my supper…
 
"What part of "they don't qualify for having any rights under our constitution beyond what congress deems them to have based on section 8 of article I" do you not get?" Hey kat, take it up with the judges. They're the ones who say that you're wrong - in three separate cases. So tell me, what part of "your actions are actively supporting the continued growth of anti-American insurgencies" do you not get? Do you deliberately ignore the Bush administration's policy of exporting democracy from the point of a gun and its blissful "yeah but international laws don't matter to us" attitude? Do I really have to send you the links where Bush is stating how everyone in the world should have the same rights and protections as Americans? Wake up. People who were wisked away from their homes - not from a battlefield - and held for five-six years without charges and without evidence of any wrongdoing - and tortured for information that they don't have - that's what happened in the Soviet Union. That's what happens in African countries. Not supposed to happen in United States. Your kind of attitude paints a big bullseye on every American who travels overseas, not to mention supporting radical extremist propaganda that extends the justification for their fight.
 
Jason, how much do you travel overseas? I’m working in a ME country, right now, with local nationals and they still love the USA, in spite of liberal efforts to convince everyone otherwise. Oh, I’m sorry; I forgot that you said personal observation doesn’t count; all that counts is what your liberal “experts” say what the folks overseas are supposed to think. Of course, except when a liberal observes e.g. John Kerry “observing” war crimes in Viet Nam… Just like his ol’ pal Murtha “observing” war crimes in Haditha…
 
So tell me, what part of "your actions are actively supporting the continued growth of anti-American insurgencies" do you not get?
so tell me, what sort of naivete leads you to believe that, that is the cause of anti-American insurgencies? Seriously, this is totally wrong assessment of "insurgencies" as if they are actually caused by whether someone gets a criminal case heard or is held without habeas corpus. Do you spend all of your time reading the Democrat talking points, or do you actually read any manifestos or other "insurgent" (#$%^! TERRORIST!) captured documents? Do you think that the Pashtun tribals are largely fighting because 270 people still remain in Guantanamo? Or, are imprisoned in Afghani jails? These men fight for the power and position of their tribes. They change sides for their personal benefit. Their allegiance swings with the wind and depends on which feud of the day tops their list of gripes. Most of those who join are commanded by their allegiance to the tribe or a leader. Beyond that, they have unmolested bases, unmolested training camps, and unmolested indoctrination camps in madrassas across Pakistan. They don't need prisons or prisoners to get more recruits.
Do you deliberately ignore the Bush administration's policy of exporting democracy from the point of a gun and its blissful "yeah but international laws don't matter to us" attitude
That does not make those nations or those people American citizens nor subject to our constitution, contrary to continuing claims of imperialism. Neither are there international laws that guarantee the right to our civil courts. In fact, international law would be satisfied with 10 minutes of formality and a gun shot to the head. Internationalists would demand that formal process take longer, but the law does not. You want to keep going with what international law demands?
Wake up. People who were whisked away from their homes - not from a battlefield - and held for five-six years without charges and without evidence of any wrongdoing - and tortured for information that they don't have - that's what happened in the Soviet Union.
name them. Name one person who was whisked from their homes in this country and held for six years and tortured or stop giving yourself the willies with your over hyped BS from some stupid Hollywood movies and McClatchy news articles. You can't do it because those people do not exist. The person held the longest was Padilla at two years, and his chief complaint wasn't torture, but isolation that he claimed was torture. He certainly was not whisked away from his home and kept in prison for 6 years. Now, try someone else. Name a United States citizen who has been hidden away in the gulag archipelago of the United States and tortured for six years? Otherwise, my point stands: foreign enemy combatants who did not comply with the Geneva Convention and who, by our signatory, are afforded the bare rights of any person and whose torture you cannot confirm, but try to make up out of half-a$$ statements about being slapped or pushed or kept in confinement or made to listen to loud music, etc, etc, etc, are not required to be seen or heard in our civilian courts. Further, military tribunals, the tribunal system that has for over two centuries in this nation, been the process for dealing with prisoners during war time, is all that is necessary by even your vaunted international laws. The most it says about habeas corpus is to make sure prisoners have a tribunal to establish their status within the conventions and that they should be repatriated at the conclusion of the war. There is that part about prisoner exchanges, but since the enemy usually kills all of their prisoners, that's out of the question. If you had to go with what international law says. And the constitution simply instructs congress to make all laws or rules of capture at land and sea. It never tells them they have to give any rights or other process of addressing their capture to any other body of this nation. They are outside of the law.
 
Let be clear, enemy combatants who do not adhere to the letter of the convention nor even the spirit, are outside the law.
 
People like Jason don't understand the differences between: 1) Rights of US Citizens, provided for by the US Constitution. 2) Rights of POWs and enemy combatants, provided for by the Geneva Conventions. 3) Basic human rights, provided for by the UN's Universal Declaration of Human Rights. They are not the same, nor should they be. Each are entered into by different social contracts.
 
Well, first blush is to accept that they are acting outside the laws of combat(codified in Gen COn and LoLW). That doesn't place them outside the law. It just means the penalties for being outside the law are the GenCon and LoLW ones(trial and hanging by a military tribunal) instead of the civil ones. It doesn't mean you get to make stuff up as you go along or do whatever the hell you want, regardless of how evil the enemy is. We are not an unruly mob. The problem I see with this SCOTUS ruling is that taken as part of a series you now have 1) enemy combatants are now POWs 2) POWs now have habeus rights to sue the gov't for release. That's a pretty stupid arrangement. I really would've rather had SCOTUS say that the military commissions act was illegal and go no further instead of what they did do.
 
It seems pretty bloody simple to me. The U.S. Constitution protects American Citizens and to a lesser extent Foreign Citizens on American soil. Jason, what part of not a U.S. Citizen, not on U.S. soil do you not understand? The legislative body is the Constitutionally authorized body to determine how Foreign Citizen's captured and detained on foreign soil are to be treated. The S.C. usurping the legislature's Constitutional authority and duty is the very definition of Judicial Activism.
 
Oh, and voting for McCain because you don't want a Kennedy? Dude. If things work out as you say(congressional Reps in the minority and impotent, and with a Pres. McCain) it is exactly a Kennedy like jurist we'll get. That's better than Ruth Bader Ginsburgh and her friends, but still. YOu aren't going to get Scalia or Thomas or Roberts out of that arrangement. Why say this? Because I'm tired of getting slapped around like the red headed step child by Unka Bill on the topic of Pakistan.
 
[laces up the Big Boots of Argghhh!]
 
Seriously, what's wrong with that? Isnt' that what happened with Bush the Elder(who gave us kennedy)? COuldn't get someone more Constructionist past a TeddyK dominated Senate? Oh fine. Get mad at me for saying the obvious. One of these days I'm going to get stuck in the waffling and you're never going to be able to get me out.:>/
 
Snerk. Yer just making my point for me.