Monday, March 06, 2006

Book Review Time Mark Levins Men in Black

I will issue two grades to this book. For those of you outside the USA this book is not for you. However if you live in the USA and are worried about Civil Rights for people at Gitmo start reading.

Levin's first point is that Judges are men. No man should be put up on a pedestal. Judges are subject to human frailties that the rest of us are. The original intent of the framers has been perverted by judicial activism.

The court has twisted the Commerce clause so it can rule on almost anything. My family (distant ) makes a cameo in Schecter vs the Supreme Court. Levin demonstrates that twisting the Commerce clause has allowed the court to impose socialism on the American people.

Most importantly Levin points out the power to conduct war is granted to the President. It is not unusual for the USA to house enemy combatants. However the Court has invented new rights to trial for ememy combatants. These rights were not granted in any previous war. In fact the court ignored its own precedent in Johnson vs Eisentrager. The court can not issue the writ of habeus corpus to people who have never set foot on American soil.

However liberals still are worried about Civil Rights for terrorists. One person X talks to known terrorist Y probable cause is established. Criminal acts were never
protected under the US Constitution. One can make a case that a Marxist by definition has established probable cause. Anyone who advocates Jihad may have also demonstrated probable cause.


elijah said...

"Levin's first point is that Judges are men. No man should be put up on a pedestal"..
A principle i learned and live by.
"However liberals still are worried about Civil Rights for terrorists."
Can not live by that...

Always On Watch said...

Anyone who advocates Jihad may have also demonstrated probable cause.

Shouldn't that be obvious? But Leftists refuse to accept the obvious.

Mr. Beamish the Instablepundit said...

Leftists are physically incapable of rational thought.

Prove me wrong.

Justin said...

To the left the Constitution is only useful when it justifies their cause.

They must have super natural powers because they can find rights written in the Constitution that no one else can see. Just ask them they will tell you "its right there in the constitution".

The best case for this is Abortion. Any of them will tell you that it is protected and granted by the constitution. I have searched since 1973 to find that sentence but alas I guess it is is like searching for the Holy Grail.

kev said...

The libs constantly refer to the Constitution as a "living" document. If that were truly the case, there would be no need for a Constitution at all. Liken such a thing to having "living" laws, flexible according to the whims of attorneys, judges and juries.

Mr. Ducky said...

Actually Beak what we are worried about is due process and the rights of the accused. Grabbibg somebody in Afghanistan and throwing them in Gitmo in perpetuity is not any decent Americans idea of due process.
Kahanist thugs may go for it but not true Americans.

Kev, England has done quite well without a Constitution. The case law serves them so please don't feel that you have closed the case.

You do understand that cases brought before SCOTUS are open to opinion and interpretation and the only reason you call a judge "activisit" is because the ruling doesn't go your way.

beakerkin said...

The anti semitic duck arrives with his Fowl mouth.

The military does an extensive job of vetting detainees. The USA does not have to offer Unlawful Combatants rights to trial. Moreover the Constitution itself does not apply in GITMO.

You are perfectly once again. The Duck continues to be 100% every day.

kev said...

daffy--activism is activism, whether it goes my way or not. This country is not England, and we do have a constitution, a document that you libs always invoke, as long as the rulings go your way. And, frankly, I'm not so sure England has done so well without a constitution (but that is just my opinion, my interpretation, to which I'm entitled). It is more than coincidence when rulings by lib (activist) judges almost always turn out for the criminal (accused) and against traditional family and order. As long as I'm offering opinions, I'll give you one more. There have been way too many lib SCOTUS Justices, and I attribute rampant crime, disrespect for family, authority, religion, and common decency directly to this trend. Speaking of those incercerated at Gitmo, most of those incarcerated there would slit your throat if given the opportunity. Get off your soap box and open your eyes.

MissingLink said...

The men in black's "rullings" look more and more often like reinventing the law.