« Har Har | Main | American Heritage Trumps American Ideology »

Don't Judge the Imperial Executive!

National Review editorial: Surveilling Injustice:

Once upon a time, the courts of the United States acted in the interests of the United States. They knew that international affairs, the conduct of war, and the protection of Americans from foreign threats stood far beyond the judicial ken. As Supreme Court justice Robert Jackson wrote in 1948, sensitive matters of foreign policy and national security involve "decisions of a kind for which the Judiciary has neither aptitude, facilities nor responsibility and which has long been held to belong in the domain of political power not subject to judicial intrusion or inquiry."

Enter Anna Diggs Taylor, chief judge of the federal district court in Detroit. She has just purported to find unconstitutional the Bush administration's Terrorist Surveillance Program (TSP) - an early-warning system crucial to protecting the nation from attack. In so doing, she has become the latest jurist to illustrate how far we have strayed from Justice Jackson's wisdom.


See also: The Unitary Executive

Posted by drizzten on August 22, 2006 10:52 AM |

NOTICE
Comments will be held for moderation so they won't show up immediately. Please be patient.

By commenting here, you take responsiblity for what you write. Any grievances with what is posted in my comments should be directed to the person who wrote them, and that is not necessarily me.

I reserve the right to delete any comment I wish as this is my property you are commenting upon, but I'm pretty laid-back so it isn't likely to happen unless you are some psycho idiot jerk. Oh, and unless you have my permission to promote your good or service, you are wasting your time: unsolicited advertisements will result in comment deletion and URL banning. This blog ain't for you spammers or the crap you want to sell.