Tuesday, September 06, 2005

Not John Roberts

During the weekend President Bush nominated John Roberts to fill the position of Chief Justice of the U.S. Supreme Court, left vacant when Chief Justice Rehnquist died. I view John Roberts as unacceptable. He has shown he does not understand nor support the U.S. Constitution.

In July just before being nominated to fill the position of retiring Justice Sandra Day O'Connor, Roberts was part of a Washington, D.C. Circuit Court of Appeals decision supporting the administration's claim that the President Bush can "designate any individual as an enemy combatant and detain that individual indefinitely." The decision also supported the establishment of special military tribunals to try enemy combatants. Special military tribunal decisons would not be subject to judicial review.

By establishing courts and trying defendants, the President usurps the power of Congress and the judiciary. The establishment of lower courts is a right of Congress. The trial of individuals is a right of the judiciary. Holding an individual "indefinately" without trial also contravenes the right to a fair and speedy trial guaranteed by the Bill of Rights.

Justice Rehnquist's death also allows the President to make a further nominee, possibly Attorney General Gonzalez, who helped develop the position that the president can name enemy combatants and establish military tribunals.

For more information see the following reference:
William Norman Grigg. 2005. The Roberts Nomination: Presidential Power Uber Alles. The New American (July 20). Retrieved September 6, 2005 from
http://www.thenewamerican.com/artman/publish/article_1871.shtml.

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