Reflections on the "New American" Revolution
Tuesday, June 29, 2004
Executive Branch Reined In (washingtonpost.com): "The court roundly rejected the president's assertion that, in time of war, he can order the 'potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing,' to quote the court's opinion in the case of foreign prisoners held at the U.S. base in Guantanamo Bay, Cuba. In fact, the administration's claim to such power over U.S. citizens produced an opinion signed by perhaps the court's most conservative justice, Antonin Scalia, and possibly its most liberal, John Paul Stevens.
'The very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive,' Scalia wrote, with Stevens's support. "
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