Two weeks ago, I stated Congress should fix this year the damage done by Boumediene v. Bush. In response, commenter “Cherri Montagu” said:
What is so shocking about due process for people who committed a crime? Every criminal in U.S. history has been accorded that right, according to Article One Section 9 of the US Constitution and the Sixth Amendment. And why do you assume that the people now in detention are guilty? There is no way to know if they are guilty or innocent until they are given a fair trial! It is not the Supreme Court which is making law, it is YOU fanatics who are violating the U.S. Constitution and making your own unconstitutional system which is totally opposed to the Founders’ intentions. AND YOUR CALL YOURSELVES AMERICANS? YOU HAVE NO RIGHT TO THAT APELLATION [sic]!
War is a sovereign act, not a prosecution. Congress authorizes war, funds it, and the President conducts it.
A British king and his courts issuing edicts beyond the peoples’ will is why our founding fathers declared independence, rebelled, and wrote not one word of the Judiciary branch’s role concerning war anywhere within our Constitution.
Ms. Montagu also forgot to mention that after the Supreme Court voided portions of both the Detainee Treatment and Military Commissions Acts in Boumediene v. Bush, it directed district Courts to, in effect, create statute by deciding the procedures by which detainees will challenge their detentions in federal court.
Judges creating “law” and Justices conducting war are the fanatics; Congress standing silent while they do those things strikes me as un-American.