Dec. 2, 2008 Melanie Phillips: The Mumbai atrocity is a wake-up call for a frighteningly unprepared world Stratfor Geopolitical Intelligence Report: Strategic Motivations for the Mumbai Attack Dec. 1, 2008 Max Freidlander, as told to Jacklyn C. Wadler: India Inkings Mark Steyn: Whodunit!? Nov. 28, 2008 Rabbi Ahron Rapps: An evil seed that didn't have to be Melanie Phillips: Carpe diem --- or can we all relax now? Nov. 26, 2008 Michael Feldberg: Meet the Orthodox Jew who laid groundwork for scientific development of ordnance that undergirds America's current world leadership Andrea Simantov: Shades of life Nov. 25, 2008 The Jewish Ethicist by Rabbi Dr. Asher Meir : Getting Emotional For Influence The Kosher Gourmet by Ethel G. Hofman : Thanksiving feast! Nov. 24, 2008 Rabbi S. Binyomin Ginsberg: 'I just Became a grandchild!' Barry Rubin: Don't flatter your enemies, protect your friends Nov. 21, 2008 Rabbi A. Henach Leibowitz: Money matters? Caroline B. Glick: Civilization walks the plank Nov. 20, 2008 Rabbi Avi Shafran: Bronfman's blindness The Kosher Gourmet By Linda Gassenheimer: Portobellos add a hearty flavor to pasta with pesto Nov, 19, 2008 The Jewish Ethicist by Rabbi Dr. Asher Meir : Spread the wealth? Jewish tradition and income equality Elliot B. Gertel: 'Mad Men': Tackling prejudices or reinforcing them? Nov, 18, 2008 Dr. Debby Schwarz Hirschhorn: The End of the Age of Reason Jonathan Tobin: Does Barack + Bibi = Disaster? Nov, 17, 2008 Rabbi Yonason Goldson: The End of the Age of Reason Diana West: Gulling Americans into making terror legit? Nov, 14, 2008 Rabbi A. Henach Leibowitz: The Power of Spiritual Inertia Caroline B. Glick: The perils ahead Nov, 13, 2008 Stratfor Intelligence Briefing: How Bush and Obama together could change the Middle East dynamic The Kosher Gourmet by JeanMarie Brownson: Sweet and savory, crispy and meltingly tender bestilla Nov, 12, 2008 The Jewish Ethicist by Rabbi Dr. Asher Meir : Tyrannical Co-Workers Michael Doyle: High Court to consider today donated monuments that may have religious messages in public parks Nov, 11, 2008 Frank J. Gaffney, Jr.: Will Obama stop government officials considering institutionalizing financial jihad? Jonathan Tobin: They Will Decide Their Own Fate Nov, 10, 2008 Rabbi Avi Shafran: $8 billion, modern-day Tower of Babel being built? Barry Rubin: A letter to the president-elect from a Middle East realist Nov, 7, 2008 Rabbi Francis Nataf: Of Children and Immortality Caroline B. Glick: Livni's Obama strategy Nov, 6, 2008 Rabbi Yonason Goldson: How I tricked a classroom of apathetic students into grasping the fallacy of moral relativism The Kosher Gourmet By Gina Kim: Tips for making the perfect soup --- includes recipes Nov, 5, 2008 The Jewish Ethicist By Rabbi Dr. Asher Meir: Destitute Debtors Bruce Weinstein: 'Religulos': Bad title,even worse movie Nov, 4, 2008 Frank J. Gaffney, Jr.: Treasury Dept. submits to Shariah law Frida Ghitis: A surprise for Obama in the Middle East Nov, 3, 2008 Jonathan Rosenblum: Who says Jews are Smart? Jonathan Tobin: Was He Wrong About Everything? March 22, 2007 J-Rhythms with Avraham Rosenblum: JWR's cutting-edge music program showcasing performers -- singers, song writers, musicians, and bands -- who learn and live the Torah lifestyle (OUR NEWEST IGODCAST !) Oct. 29, 2003 Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review June 17, 2008 14 Sivan 5768 Contempt Of Courts: McCain's posturing on Guantanamo By George Will http://www.JewishWorldReview.com | The day after the Supreme Court ruled that detainees imprisoned at Guantanamo are entitled to seek habeas corpus hearings, John McCain called it "one of the worst decisions in the history of this country." Well. Does it rank with Dred Scott v. Sanford (1857), which concocted a constitutional right, unmentioned in the document, to own slaves and held that black people have no rights that white people are bound to respect? With Plessy v. Ferguson (1896), which affirmed the constitutionality of legally enforced racial segregation? With Korematsu v. United States (1944), which affirmed the wartime right to sweep American citizens of Japanese ancestry into concentration camps? Did McCain's extravagant condemnation of the court's habeas ruling result from his reading the 126 pages of opinions and dissents? More likely, some clever ignoramus convinced him that this decision could make the Supreme Court — meaning, which candidate would select the best judicial nominees — a campaign issue. The decision, however, was 5 to 4. The nine justices are of varying quality, but there are not five fools or knaves. The question of the detainees' — and the government's — rights is a matter about which intelligent people of good will can differ. The purpose of a writ of habeas corpus is to cause a government to release a prisoner or show through due process why the prisoner should be held. Of Guantanamo's approximately 270 detainees, many certainly are dangerous "enemy combatants." Some probably are not. None will be released by the court's decision, which does not even guarantee a right to a hearing. Rather, it guarantees only a right to request a hearing. Courts retain considerable discretion regarding such requests. FREE SUBSCRIPTION TO INFLUENTIAL NEWSLETTER Every weekday NewsAndOpinion.com publishes what many in the media and Washington consider "must-reading". HUNDREDS of columnists and cartoonists regularly appear. Sign up for the daily update. It's free. Just click here. As such, the Supreme Court's ruling only begins marking a boundary against government's otherwise boundless power to detain people indefinitely, treating Guantanamo as (in Barack Obama's characterization) "a legal black hole." And public habeas hearings might benefit the Bush administration by reminding Americans how bad its worst enemies are. Critics, including Chief Justice John Roberts in dissent, are correct that the court's decision clouds more things than it clarifies. Is the "complete and total" U.S. control of Guantanamo a solid-enough criterion to prevent the habeas right from being extended to other U.S. facilities around the world where enemy combatants are or might be held? Are habeas rights the only constitutional protections that prevail at Guantanamo? If there are others, how many? All of them? If so, can there be trials by military commissions, which permit hearsay evidence and evidence produced by coercion? Roberts's impatience is understandable: "The majority merely replaces a review system designed by the people's representatives with a set of shapeless procedures to be defined by federal courts at some future date." Ideally, however, the defining will be by Congress, which will be graded by courts. McCain, co-author of the McCain-Feingold law that abridges the right of free political speech, has referred disparagingly to, as he puts it, "quote 'First Amendment rights.' " Now he dismissively speaks of "so-called, quote 'habeas corpus suits.' " He who wants to reassure constitutionalist conservatives that he understands the importance of limited government should be reminded why the habeas right has long been known as "the great writ of liberty." No state power is more fearsome than the power to imprison. Hence the habeas right has been at the heart of the centuries-long struggle to constrain governments, a struggle in which the greatest event was the writing of America's Constitution, which limits Congress's power to revoke habeas corpus to periods of rebellion or invasion. Is it, as McCain suggests, indefensible to conclude that Congress exceeded its authority when, with the Military Commissions Act (2006), it withdrew any federal court jurisdiction over the detainees' habeas claims? As the conservative and libertarian Cato Institute argued in its amicus brief in support of the petitioning detainees, habeas, in the context of U.S. constitutional law, "is a separation of powers principle" involving the judicial and executive branches. The latter cannot be the only judge of its own judgment. In Marbury v. Madison (1803), which launched and validated judicial supervision of America's democratic government, Chief Justice John Marshall asked: "To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?" Those are pertinent questions for McCain, who aspires to take the presidential oath to defend the Constitution. In a previous column, I stated that China, in partnership with Cuba, is drilling for oil 60 miles from the Florida coast. While Cuba has partnered with Chinese companies to drill in the Florida Straits, no Chinese company has been involved in Cuba's oil exploration that close to the United States. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. George Will's latest book is "With a Happy Eye but: America and the World, 1997-2002" to purchase a copy, click here. Comment on this column by clicking here. Archives © 2006 WPWG

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