Just a short while ago a U.S. District Court of Appeals drove the penultimate nail into the coffin in which reposes a weakened, damaged, almost unrecognizable arm of American Jurisprudence: The right of all peoples to challenge their detention in an American jail, as long as we Americans are deceitful enough, devious enough, dishonest enough and, yes, evil enough to locate those prisons outside the geographic borders of America and then pass laws that disposes wholesale with the internationally accepted right of all persons to challenge their imprisonment and their now internationally accepted premise that no one may be "disappeared" by executive fiat, never to be seen again.
There is, perhaps, a common misunderstanding among some Americans as to whom our Constitution was written to protect. Some take the rather narrow viewpoint that the document only protects Americans or foreigners being held within the contiguous borders of America. I think this viewpoint is wrong, for otherwise it would be that Americans outside the borders of America would also sacrifice their rights under the constitution. Consider these words:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…
It has always been my belief that this specific phrasing, chosen carefully, was intended to provide constitutional protections to everyone with whom America has contact, even tangentially, as ALL men are created equal, not just our citizens but ALL the citizens of the world, and that, therefore, a higher, more just world view was compelled and Americans rightfully held to a higher standard. A standard that for over two-hundred years made America a beacon of hope for all the world.
Everyone in the world now knows that American ideals of justice have been perverted beyond recognition and that America has become an ongoing criminal enterprise spreading violence and destruction under the pretense of "installing democracy at the barrel of a gun", kidnapping and rendering people to other countries for torturing, codifying torture into American Law, a president ordering extra-judicial executions, a president who may now "disappear" anyone he so chooses with no appeal, no trial, no courts to determine guilt or innocence, and now, finally, the right of habeas corpus to compel the government to justify why a suspect is being held is almost lost forever.
Only the Supreme Court stands between retaining American Jurisprudence as it has always been, or changing it forever.
The U.S. District Court of Appeals has ruled:
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that civilian courts no longer have the authority to consider whether the military is illegally holding foreigners.The sham is over. In the eyes and in the judgment of the world America has lost her way. Will it last forever?
Barring detainees from the U.S. court system was a key provision in the Military Commissions Act, which Bush pushed through Congress last year to set up a system to prosecute terrorism suspects.
The ruling is all but certain to be appealed to the Supreme Court, which last year struck down the Bush administration's original plan for trying detainees before military commissions.…
…Civil libertarians and leading Democrats decried the law as unconstitutional and a violation of American values. The law allows the government to indefinitely detain foreigners who have been designed as "enemy combatants" and authorizes the CIA to use aggressive but undefined interrogation tactics.
Will the Supreme Court stop the abominations? The world watches and waits.