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Wednesday, October 26, 2005

Constitution Shmonstitution

Not the Iraqi blueprint for civil war; our own, which is still a fine document, but no longer functions because our government, especially the criminals in the executive branch, ignore it at every opportunity. Ted Rall explains:
Unfortunately for my friend and the United States, impeachment is a political process, not a legal one. Nixon and Clinton faced Congresses controlled by the other party. Because Bush belongs to the same party as the majorities in the House and Senate, nothing he does can get him impeached.
...
Another Constitutional breakdown, concerning the separation of powers, occurred in June 2004. More than a year after the Supreme Court decided in Rasul v. Bush that the nearly 600 Muslim men and young boys being held incommunicado at Guantánamo Bay were entitled to have their cases heard by U.S. courts, they remain in cold storage--no lawyers, no court dates. The Bush Administration simply ignored the ruling.

"[Bush's] Justice Department," Dahlia Lithwick wrote in Slate, "sees [the ruling] through the sophisticated legal prism known as the Toddler Worldview: Anything one doesn't wish to accept simply isn't true." Because the Founding Fathers never anticipated the possibility that the nation's chief executive would treat its final judgments with the respect due an out-of-state parking ticket issued to a rental car, the Supreme Court has been rendered as toothless as a gummy bear.

The more you look, the more you'll find that our Constitution has been subverted to the point of virtual irrelevance. The legislative branch has abdicated its exclusive right to declare war to the president, who was appointed by a federal court that undermined the states' constitutional right to manage and settle election disputes. Individuals' protection against unreasonable searches have been trashed, habeas corpus is a joke, and double jeopardy has become routine as those exonerated by criminal court face second trials in civil court. Our system of checks and balances has collapsed, the victim of a citizenry more interested in entertaining distraction than eternal vigilance.