A
three-judge panel of the U.S. Court of Appeals for the Fourth Circuit just struck a glorious blow for liberty in the honorable tradition of the barons at Runymeade (although the panel was not quite so radically progressive as the barons).
I was absolutely delighted to read
"The President cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention," the panel found. "Put simply, the Constitution does not allow the President to order the military to seize civilians residing within the United States and detain them indefinitely without criminal process, and this is so even if he calls them 'enemy combatants.' "
I am absolutely horrified by my delight. How can we have sunk so low so fast that this even needed to be said ?
What will those radical judicial activists declare next -- that the sun rises in the East even if the President declares that it rises in the West ?
