"If this was just a case of a handful of headstrong senators, who want us to play by the Marquis of Queensbury rules while we are being kicked in the groin and slashed with knives, that would be bad enough. But the issue of applying the Geneva convention to people who were never covered by the Geneva convention originated in the Supreme Court of the United States.I think he's right.
Article III, Section II of the Constitution gives Congress the power to limit the jurisdiction of federal courts, and Congress has specifically taken away the jurisdiction of the courts in cases involving the detention of illegal combatants, such as terrorists, who are not -- repeat, not -- prisoners of war covered by the Geneva convention.
The Supreme Court ignored that law. Apparently everyone must obey the law except judges. Congress has the power to impeach judges, including Supreme Court justices, but apparently not the guts. Runaway judges are not going to stop until they get stopped.
In short, the clash between Senator McCain, et al., and the President of the United States is more than just another political clash. It is part of a far more general, and ultimately suicidal, confusion and hand-wringing in the face of mortal dangers.
The argument is made that we must respect the Geneva convention because, otherwise, our own soldiers will be at risk of mistreatment when they become prisoners of war.
Does any sane adult believe that the cutthroats we are dealing with will respect the Geneva convention? Or that our extension of Geneva convention rights to them will be seen as anything other than another sign of weakness and confusion that will encourage them in their terrorism?
No one has suggested that we disregard the Geneva convention for people covered by the Geneva convention. The question is whether a lawless court shall seize the power to commit this nation to rules never agreed to by those whom the Constitution entrusted with the power to make international treaties.
The much larger question -- the question of survival -- is whether we have the clarity and the courage to go all-out in self-defense against those who are going all-out to destroy us, even at the cost of their own lives.
[ . . . ]
Squeamishness about how this is done is not a sign of higher morality but of irresponsibility in the face of mortal dangers."
Tuesday, September 19, 2006