Monday, January 31, 2005

Unconstitutional practices ruled unconstitutional

In a shocking moment of tautological clarity, a U.S. judge ruled that violating the constitution by eliminating the right to trial for the Gauntanamo detainees is, in fact, a violation of the constitution. I'm impressed by the following quote from the Reuters story:

District Judge Joyce Hens Green also ruled the Guantanamo prisoners have constitutional protections under the law.
You mean the constitution is actually supposed to be taken as law? I thought it was just a loose guideline, like the Geneva conventions or the general sense of humanity.


Anonymous Anonymous said...

Geneva conventions actually are somewhat "quaint," to quote Gonzales. There's a long section devoted to the need of maintaining a POW camp canteen that will sell tobacco, soap, and foods to the prisoners. The conventions oh so naively specify that the profits from the canteen are to be reinvested in its improvement. If you read the Conventions, there's no reason to hold prisoners, since you need such a large infrastructure to house them.

Also, they only apply to the contracting parties or to those who've accepted them anyway. So there's no respect for humanity in them, just for contracts. Ask your much loved Carl Schmitt about that!

2:36 AM  

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