Verbal Bitch Slaping

For this post I think that I will just rant a bit, so please bear with me. My most intense class has been constitutional law. We receive about three times as much reading in this class comparatively. We just got done reading three cases about enemy combatants. I don’t know if any of you remember I had a nightmare about being classified as an enemy combatant. Anyway, I digress back to the law. The three cases were Hamdi v.Rumsfeld (2004), Hamden v. Rumsfeld(2006) and Boumediene v. Bush (2008), all three cases revolve around Guantanamo and prisoners of war. They are presented as rulings over detainee rights, but are more or less battles between the Judicial and the Executive branches for control. It seems that both branches have been usurping powers away from the legislative and, the fact that the legislative is so split politically means it is less effective. The executive set up military tribunals, bypassing the legislative and the judicial. The legislative being charged with making the laws, however did nothing to slow down the executives power grab. This is where the Judicial laid the smack down. They asserted their right to decide what the law is and in essence bypassed the legislative to remake the laws. I should note that in the Boumedine case the courts rejected the Legislatives ability to write the Executive a blank check for power. The vote came out 5v4 and the 4 dissenters were very upset. Justice Scolia Said “ The nation will to regret what the court has done today”. There were many other verbal bitch slaps in the dissent, I suggest every one read that case.