What is the check against judicial imbalance?

“[N]o court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the Department of Defense at Guantanamo Bay, Cuba.”

Even if that were not clear enough, the Constitution confers the role of Commander in Chief for the President and requires the Senate’s approval for treaty ratification both of which have been appropriated in this case. So Con Law professors, what is the check against judicial imbalance?

If the Supreme Court declared tomorrow that all persons of a specific ethnicity or religion in the United States must be arrested for the remainder of the year what would the executive branch do? Before you discount that as crazy I would suggest that many would find it equally incredulous for the SCOTUS to usurp both the executive and legislative branch as they have done here.

Again I ask, what is the check against judicial imbalance?

Thanks Hugh Hewitt for linking to Power Line. I will be searching for knowledgeable explanations.

UPDATE: Read Mark Levin linked at The Corner. Still no answer to my question, other than Prying1’s semi-jesting suggestion, but it is good to know smart guys like Levin are outraged like I am.


Why ignore the obvious?

I suggest that Hugh Hewitt is missing the obvious, as is the Executive Branch of government, when he says “There is no stopping such recklessness except by locating the oath-breaking criminals who betray secrets.” The obvious solution is to aggressively, and immediately, use all the powers available under existing espionage and national security laws to detain individuals, and impound property, of those who have passed classified information to our enemies in time of war.

Hugh Hewitt comes courtesy of Real Clear Politics.

Total war, and goodbye Gaza, if true.

If true, Israel must lay total waste to everything and everyone in Gaza. The only reason not to use a Nuke, although justified if this is true, is the close proximity to Israel. The only way to keep WMD from being used is to make it far too costly for their use to be considered. No more Gaza, it is Israel now.

Gaza militants say fired chemical-tipped warhead courtesy of Drudge Report.

Treason is Treason

“In the cloak and dagger world of intelligence gathering, this statutory prohibition is a model of clarity–it is illegal to publish classified information about our intelligence-gathering efforts and capabilities.”

In a long overdue arguement in front of the House Permanent Select Committee on Intelligence on May 26, 2006, so argued John Eastman.

Visit Hugh Hewitt for the full text and Hugh’s comments.