Posted by: Jim | June 17, 2008

America: Exporting Democracy (but only the “good” parts,) since 2003

Supreme Court Justice Antonin Scalia dissented in a 5-4 decision last week. The Supreme Court decided that Guantanamo detainees should be allowed to challenge their detention in Federal Court. Scalia wrote an observation about the decision, saying it “… will almost certainly cause more Americans to be killed.”

I don’t know whether to laugh or cry. Here we have the most powerful  legal representative of our country basically denouncing our legal system as unable to determine whether or not someone should be held indefinitely without a trial or not. Hey Scalia … does our system work or not? If it doesn’t why should we give a shit about your opinion? If it does work, why are you opposed to allowing a potentially innocent man to get a fair trial?

I’ll tell you why he’s opposed to it; because that man might be potentially guilty.  <cue evil music: DUN DUN DUNNN>

So there you have it. Justice Scalia is opposed to releasing potentially guilty prisoners because if they are guilty, they might kill someone. Forget about Habeus Corpus. If the military arbitrarily imprisons a man or woman, that’s final. In a telling statement, the conservative Scalia said the decision, “boldly extends the scope of the habeas statute to the four corners of the earth.” OH GOD NO! NOT THAT! But wait a minute, I thought we were trying to export our Democracy, weren’t we? So isn’t this a good thing?

George Bush: “The advance of freedom is the surest strategy to undermine the appeal of terror in the world. Where freedom takes hold, hatred gives way to hope. . . . American values and American interests lead in the same direction.”

Based on this, clearly George Bush would dissent against Scalia’s dissenting opinion. Unless Habeus Corpus is no longer considered an American value. That must be it. 9/11 changed everything, after all.

Assuming that Scalia went to law school, he may have heard of “The Blackstone Ratio” which is based on a statement made by English Jurist William Blackstone, “Better that ten guilty persons escape than that one innocent suffer.” Ben Franklin suggested raising the ratio to 100. There are 270 men in Guantanamo Bay, and some officials have estimated that as many as 100 should have never been sent there.

So if Scalia believes that potentially guilty people should be detained in order to prevent Americans from being killed, the surest way of doing that: detain everyone.

Can Justices be ousted? Please?

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Responses

  1. Instead of detaining everyone, why not impeach everyone? 😉

    We cannot oust people from their office simply because we disagree with them. The answer is to change the direction America thinks, and George Bush has done that. The man has convictions and acts upon them rather than waffling through his administration, and despite MSNBC polls and the media’s liberal skew of what’s what in this world, there is more to any given issue than your own.

    I’ll say it again – take a summer and live somewhere outside of the California bubble (ok, outside of Massachusetts too), and you’ll be able to see where balance is achived in the American outlook.

  2. Todd? Did you say something? Or did Dubya just fart?

    You are too much, man. Too, too much.
    I’ve seen and heard a lot of things in my life (and I’ve been all over this country and a fair bit of the rest of the world, Mister Colorado), but I’ve never seen anybody drink a toilet bowl full of Kool-Aid before.

    It boggles the mind, it does.

    * * *

  3. I am amused by Toad’s hubris. Jim’s views are wrong because he lives in California but Toad’s are right because he lives somewhere else. Jim is incapable of critical thought and is mindlessly led by his environment.

    Jim, why are you friends with someone who has so little respect for you?

  4. I’ve known Jim practically his entire life, and I can honestly say that he’s just a good-natured guy who pretty much gets along with everybody. Hell, if he could put up with ME all this time, he might just qualify for sainthood. Then again, we’ve lived 400 miles apart for a long time now; if we were next-door neighbors even he would likely have slipped some rat poison into my Guinness by now. But I digress.

    The thing I respect most about Sir James, however, even more than his inexplicable ability to get along with all creatures great and small-minded, is his utter lack of pretense. The man is one smart cookie, but for all his innate understanding of things, he truly listens to every side of an issue and in fact is willing and able to change is mind if the opposing viewpoint proves compelling enough. He and I have hotly debated on many topics over the years, and we have learned a fair bit from each other. I have been astounded at his flexibility in considering different viewpoints and even, when someone knows their stuff enough to convince him, his willingness to be convinced.

    Todd, in his unwavering admiration for the Bush Method — which strangely places some kind of heroic value on never being swayed from one’s viewpoint by opposing opinions, contrary evidence, or one’s own obvious debilitating failure — can only see attacks. It’s endemic to the condition; it’s the caveman approach of ‘if you’re not with us, you’re against us.’ Several of us have gleefully attacked Todd because, well, we don’t care about being diplomatic with a mental potato. But Jim sees fit to honor even the Utterly Stupid as human beings who might perhaps have something worthwhile to say.

    The supreme irony of this, of course, is that no matter how carefully measured and diplomatically someone like Jim frames his disagreement with someone like Todd, it will still be received as an attack — because that is all such an individual can ever perceive. If you disagree with him, you Hate America and you’re a commie pinko faggot librul trayter.

    Jim knows this but, to his credit, he continues to remain diplomatic while I, knowing that diplomacy won’t work, am willing to — in the words of the latest Repiglican opportunist — bomb bomb bomb, bomb bomb T-man…

    🙂

    * * *

  5. Thanks for the nice words, Brian. 🙂 I’m also glad to see that I differ greatly when compared to Herr Bush.

    Over the years, however, we’ve discussed my dialog tactics to the point where I’m now bored with my favorite topic: me.


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