Well, it has occurred. I cannot say I am surprised, but I am disappointed. I was hoping that at least one justice would actually read the Constitution before opening the floodgates of litigation by
giving rights that are intended for U.S. citizens to people who meet none of the criteria for such rights. Yes, you heard me correctly. Today the Supreme Court, by a 5-4 decision, announced that the inmates of Guantanamo Bay, people who
by definition in the Geneva Conventions signed by the United States of America are not eligible for any such rights, are eligible for the right of habeus corpus and are allowed to sue the US government in US federal courts. By so doing, with one stroke they have managed to hand the Islamic imperialist forces the victory that they could not win on the battlefield.
I quote the Geneva Convention as follows- see for yourself if our enemies in al Quaeda and Iraq fall into one of the following categories:
Art 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:[
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization, from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
B. The following shall likewise be treated as prisoners of war under the present Convention:
(1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.
(2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.
This is so disappointing on so many levels it is difficult for me to begin. I think that if I were the President, I would order the troops to shoot ever single inmate at Guantanamo- immediately. After all, since these people have now outlived their usefulness, and will soon be released into American society with (probably) American citizenship (can't deny these poor mistreated people the privileges of US citizenship since the Court has decided to give them every other right). I am sure the Court will do everything in its power now to ensure that these people receive millions of dollars for their 'mistreatment'- never mind that these are the same people who planned and executed 9/11- and will soon have a plan in place to allow them to settle down in the very country thy so badly wish to destroy. When America finally falls, as so many other great cultures have fallen to Islam, it will be the Democrats, the leftist legal profession and the media who will bear all the blame, since they seem determined to take Americans' privileges away and give them to people who do not deserve them.
As far as this disgraceful ruling goes, I think that Michelle Malkin hit the nail on the head. She wrote on her site,
What’s that sound? The thunder of left-wing lawyers and Gitmo detainees jumping up and down for joy at the Supreme Court’s ruling this morning. Brace yourselves. Dissenting Justice Antonin Scalia warns that the ruling “will almost certainly cause more Americans to be killed” and concludes “The Nation will live to regret what the Court has done today. I dissent.”
Chief Justice John Roberts says the rule of law and the American people have lost out–and with this ruling, we “lose a bit more control over the conduct of this Nation’s foreign policy to unelected, politically unaccountable judges.”
I could not agree more. I think that with this decision, the Court has finally succeeded in doing what Osama Bin Laden could not- deliver victory in this war to Islam. It won't be immediate, but this country is doomed. The Left has got their hands on the true power, since Congress and the President will not exercise their right as equal branches to the Court to refuse to recognize illegal decisions such as this one which have no basis whatsoever in the Constitution itself. The Founders clearly did not intend for non-lawful combatants and illegal aliens to qualify for the same rights as American citizens. Now that the Court has handed those rights over to the worst possible group of detainees, how long will it be before legitimate prisoners of War- those who DO meet the criteria contained in the Geneva Conventions- start suing in federal courts? Malkin says it will not be long and I sadly agree.
To those who have a way out of this country, I strongly advise that you begin looking at your options. To those who don't, I suggest you start practicing your shooting- you will need your defences once sharia takes control, aided and abetted by the same lawyers and so-called 'elites' who were so eager to hand over our rights to our enemies. America has fallen at last, and it is now only a matter of time before Islam replaces the Constitution with Sharia law, since our own elected officials and these unelected judges would rather ignore the Constitution to hand out our rights to our enemies than actually do something to protect their own country. As Byzantium before us, we are doomed, due to our own self-loathing elites. If you happen to have a moment, read Sir Steven Runciman's
The Fall of Constntinople. It details the fall of Constantinople, once one of Christendom's proudest empires, but which was eventually delivered to Islam by its own leaders and allies- just as we are being delivered to Islam.
And as an aside, when you are looking for places to retreat, don't choose Europe. Without our protection, Europe hasn't a chance of surviving. They are a lot further down the path of self-destruction than we. Pick a nation that has some nationalistic pride, like China or Japan. But make sure that you pick one that will fight, because I don't think any of us would want to live under Islam's sharia law- it is even harsher to non-Muslims than it is to Muslims. I wonder how the so-progressive Left will enjoy living under what they have brought us? I almost wish that I would live to see that event, but I am saddened by knowing that my son will be forced to live in a world where the United States no longer exists as such.
So farewell to the Great Experiment! Farewell America! She has endured for over two centuries, but now her own elites, encouraged by the people's ignorance and inattention, have delivered her to her enemies and now it is only a matter of time before they manage to hand over the remainder of what once were considered the rights of Americans. To be shortly followed, no doubt, by the reins of power to the medieval clerics who want to take us all back to the Middle Ages. it was a great ride, but like so many other cultures before us, we have been destroyed from inside by our own ignorance, stupidity and pride.