Precedent for Unlimited Power?
I'll try to keep it shorter today...
Oh my God.
I was reading about the Padilla case, where he has been detained as an enemy combatant. Not a POW, not a criminal citizen, but a new classification our government has created which in theory voids his protection as a U.S. citizen or as a Prisoner of War. As I understand it, the basic issue facing the supreme court is whether the president has this power.
The president declared Padilla an enemy combatant, thus negating rights he was otherwise entitled to. Does the president have the power to define a new class of human being, and upon assigning a person to that class then have unfettered control over that person's freedom? If so, what are the consequences?
Suppose for a minute, the Supreme Court rules this is an executive privilege, and the president can indeed recategorize a citizen, and incarcerate them indefinitely without giving them their day in court. What about the president's designates? Can the executive authority be delegated? Probably. If not, can the president merely sign a list of suspects submitted by a trusted aid? Of course he can. Signing the list would make it action taken under his direct authority. Are you willing to trust that this president and all future presidents would never abuse this life and death power over every citizen of the United States of America? Would you trust Kerry to never use the most powerful tool at his command if he is elected? Would you trust Bush if he is reelected? Are you comfortable trusting every viable candidate the Democrats or Republicans could ever muster now or in the future?
This issue goes past my negative feelings about the current administration. I wouldn't be willing to grant this authority to Washington, Lincoln, or any other president I admired. To be honest, I don't believe the ethics of those men would have let them ask for, or accept that power.
Oh my God.
I was reading about the Padilla case, where he has been detained as an enemy combatant. Not a POW, not a criminal citizen, but a new classification our government has created which in theory voids his protection as a U.S. citizen or as a Prisoner of War. As I understand it, the basic issue facing the supreme court is whether the president has this power.
The president declared Padilla an enemy combatant, thus negating rights he was otherwise entitled to. Does the president have the power to define a new class of human being, and upon assigning a person to that class then have unfettered control over that person's freedom? If so, what are the consequences?
Suppose for a minute, the Supreme Court rules this is an executive privilege, and the president can indeed recategorize a citizen, and incarcerate them indefinitely without giving them their day in court. What about the president's designates? Can the executive authority be delegated? Probably. If not, can the president merely sign a list of suspects submitted by a trusted aid? Of course he can. Signing the list would make it action taken under his direct authority. Are you willing to trust that this president and all future presidents would never abuse this life and death power over every citizen of the United States of America? Would you trust Kerry to never use the most powerful tool at his command if he is elected? Would you trust Bush if he is reelected? Are you comfortable trusting every viable candidate the Democrats or Republicans could ever muster now or in the future?
This issue goes past my negative feelings about the current administration. I wouldn't be willing to grant this authority to Washington, Lincoln, or any other president I admired. To be honest, I don't believe the ethics of those men would have let them ask for, or accept that power.
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