July 7, 2006
JUSTICE KENNEDY DECLARES WAR OVER!!!
Emergency Over, Saith the Court (Charles Krauthammer, 7 July 2006, RCP)
1861. 1941. 2001. Our big wars -- and the war on terrorism ranks with the big ones -- have a way of starting in the first year of a decade. Supreme Courts, which historically have been loath to intervene against presidential war powers in the midst of conflict, have tended to give the president until mid-decade to do what he wishes to the Constitution in order to win the war...
What the Supreme Court essentially did in Hamdan was to say to the president: Time's up. We gave you the customary half-decade of emergency powers, but that's as far as we go. From now on the emergency is over, at least judicially, and you're going to have to operate by peacetime rules.
Krauthammer is only partially correct here. The liberal wing of SCOTUS has never believed this was a war. What happened in Hamdan is that Justice Kennedy called the whole thing off. Of course, both parties reserve the right to revisit the decision pending further attacks.
Posted by Pepys at July 7, 2006 5:12 PM
Yet I think this reveals a relevant point, emergencies cannot last forever. Any leader has only a limited amount of time to set precedents, achieve consensus, and secure priorities. One of the reasons I think Bush will be seen as a mediocre President is squandering what opportunities were available to us immediately after 9/11 (massively reforming intelligence services, convincing the international community that non-state actors are not protected by conventions, mobilizing the country to reduce oil demand so we can cut off funds to terrorists are the top ones.) A lot more could have been done.
Posted by: Chris Durnell at July 7, 2006 7:08 PMHow long did the Cold War against Communism last?
Bush's only mistake has been trying to save those who are going to be sacrificed to the Cold War against Islamicism.
Posted by: Pepys at July 7, 2006 7:13 PM