Assume for a moment that America is a fair, unbiased, and stable society, steeped in our traditional belief in the Constitution as the supreme law of the land. Now add in some current real world news items. For many reasons – not the least of which is the news that the middle class is about to lose several tax breaks, the Democrats are seen as having a great chance to take over the Congress – not a good thing for the Bush Administration.
Mix in the results of a new Gallup poll on the Supreme Court, which reports that while 60% of those polled approve of the actions of the Supreme Court, the political leanings of the Justices is beginning to cause concern.
Of course the liberals aren’t happy with the current line up, so that isn’t the topic today. What is? The fact that Americans all across the political spectrum are more likely feel that the Court is too conservative rather than too liberal if they aren’t happy with its current political alignment.
The way I read this is that a significant number of Americans would not look favorably upon another Roberts or Alito being nominated – not a good thing for the Bush Administration.
Might this be why Attorney General Alberto Gonzales mouthed a lot of lame platitudes about “the importance of judicial independence” prior to warning judges against interfering in the affairs of the Executive Branch? That their practice of packing the courts with ideologues is going to cause them trouble with the people of this country?
That can’t be allowed!
The Congress – based on their compliant passage of the Millitary Commissions Act, is already under the thumb of the Bush Administration. The judges – based on the numerous ‘anti-Administration’ rulings issued by many judicial levels, including from the Supreme Court – are not. The job of subjugating America’s courts to the power of the executive will is not yet completed.
Not to fear! Now that Bush has the ‘authority’ to declare even citizens enemy combatants, such a status can be levied by the president – or by anyone to whom he delegates that authority – against judges who rule against the White House. All it would take would be to declare under Section 948a of the MCA that a judicial ruling ‘supports forces hostile to the United States or coalition partners’ who are currently ‘engaged in an armed conflict against the United States’.
There is no appeal, nor is there the right to challenge one’s accusers.
Despite the clear unconstitutionality of so many of the vile provisions of the Military Commissions Act, the MCA will be used by the Bush Administration as the new supreme law of the land, supplanting that ‘quaint’ old Constitution that gave liberals too much freedom – and judges too much leeway to interfere with the executive.
Now, forget everything you have been hearing about the coming election and listen to Karl Rove. He’s been promising some kind of an October Surprise, and it won’t be Osama. Will it be another war to wage, say against Iran? Maybe. It could just as easily be the declaration of martial law now that the MCA is in place to use against those who oppose the existing Oil Wars.
In any case, the collapse of the legislative branch of our government combined with the threat by Gonzales to the judicial branch doesn’t bode well for the future of political democracy in our withering republic. I hope for your sake that this is the country you want – for it is now the country you have.