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McCain is a big fucking sellout
Jun. 14th, 2008 01:14 am"The Supreme Court yesterday rendered a decision which I think is one of the worst decisions in the history of this country," McCain said.
So, for those of you who are unaware, "The majority found that the constitutionally guaranteed right of habeas corpus review applies to persons held in Guantanamo and to persons designated as enemy combatants on that territory. If Congress intends to suspend the right, an adequate substitute must offer the prisoner a meaningful opportunity to demonstrate he is held pursuant to an erroneous application or interpretation of relevant law, and the reviewing decision-making must have some ability to correct errors, to assess the sufficiency of the government's evidence, and to consider relevant exculpating evidence."
In other words, people detained by the US government have the right to challenge the legality of their detentions in court, whether though habeus corpus or a meaningful substitute. This is intended to prevent the government from simply grabbing people and holding them indefinitely without trial in the legal gray area known as Camp X-ray, Guantanamo Bay.
McCain, in saying what he said, indicates that upholding the right to trial is tantamount to declaring that "[african americans are] beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.(Dred Scott v. Sandford)" or "We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.(Plessy v. Ferguson)" or "...the exhibition of moving pictures is a business, pure and simple, originated and conducted for profit ... not to be regarded, nor intended to be regarded by the Ohio Constitution, we think, as part of the press of the country, or as organs of public opinion. (Mutual Film Corporation v. Industrial Commission of Ohio)*"
Is the guaranteeing of US prisoners habeus corpus the same as denying black people rights, or ignoring the inequality of government enforced segregation or threatening censorship in order to control media? NO. It is not one of the worst decisions, it is the closing of a legal loophole in the way in which international conflict is settled that allows recourse to the court, the basis of any modern system of justice.
I bet McCain wished he had some legal protection when he was being tortured in a Vietcong prison camp. Fuckin' sellout.
*a personal favorite, it led to the production code through threatened censorship of motion pictures
So, for those of you who are unaware, "The majority found that the constitutionally guaranteed right of habeas corpus review applies to persons held in Guantanamo and to persons designated as enemy combatants on that territory. If Congress intends to suspend the right, an adequate substitute must offer the prisoner a meaningful opportunity to demonstrate he is held pursuant to an erroneous application or interpretation of relevant law, and the reviewing decision-making must have some ability to correct errors, to assess the sufficiency of the government's evidence, and to consider relevant exculpating evidence."
In other words, people detained by the US government have the right to challenge the legality of their detentions in court, whether though habeus corpus or a meaningful substitute. This is intended to prevent the government from simply grabbing people and holding them indefinitely without trial in the legal gray area known as Camp X-ray, Guantanamo Bay.
McCain, in saying what he said, indicates that upholding the right to trial is tantamount to declaring that "[african americans are] beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.(Dred Scott v. Sandford)" or "We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.(Plessy v. Ferguson)" or "...the exhibition of moving pictures is a business, pure and simple, originated and conducted for profit ... not to be regarded, nor intended to be regarded by the Ohio Constitution, we think, as part of the press of the country, or as organs of public opinion. (Mutual Film Corporation v. Industrial Commission of Ohio)*"
Is the guaranteeing of US prisoners habeus corpus the same as denying black people rights, or ignoring the inequality of government enforced segregation or threatening censorship in order to control media? NO. It is not one of the worst decisions, it is the closing of a legal loophole in the way in which international conflict is settled that allows recourse to the court, the basis of any modern system of justice.
I bet McCain wished he had some legal protection when he was being tortured in a Vietcong prison camp. Fuckin' sellout.
*a personal favorite, it led to the production code through threatened censorship of motion pictures
