Did Politics fail the People?

The US Supreme Court released their ruling today regarding the jurisdiction of Military Commissions (by Executive Order) to adjudicate charges against those terrorist we've captured while prosecuting our war on terror. The Court ruled in a 5 to 3 split decision that the Federal Government,

"Pursuant to Congress' Joint Resolution authorizing the President to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided" Authorization for Use of Military Force (AUMF), 115 Stat. 224, note following U.S.C. 1541 (2000 ed., Supp. III)

does not have the Constitutional authority to hold Military Commissions hearings in lieu of the Geneva Convention and/or historical precedence.

The Court did not rule that the Bush Administration was committing a crime, rather that the Administration did not receive the authority from the Congress to hold such hearings. The 185 page opinion states (pg. 15),

"Congress' rejection of the very language that would have achieved the results the Government urges here weighs heavily against the Government's interpretations."

In other words, Congress did not enact the War Powers Act nor did they declare war against Islamo Fascism and the terror organizations they use around the world. Instead, Congress gave Authorization for Use of Military Force (AUMF). They played politics with our security and tied the Presidents hands with ambiguous statements of authorization. Take the Patriot Act for example; it is the direct result of Congress' inability to make a clear distinction in war so they instead have to institute different 'Acts' in order to empower the Executive Branch, which is directly responsible for the safety and security of the country.

Today's Supreme Court ruling reveals how toothless the AUMF really is. Congress should have known that our military would take prisoners in this conflict. How were they expecting the Executive Branch to deal with these prisoners? Did Congress address this issue at all? ...Obviously not. They gave an authorization without considering all that it entails. Once the Executive Branch made decisions regarding these and other issues, then members of Congress would wale and lament...stating that the Executive Branch is abusing its power. Where were they (Congress) when the Executive Branch went to Congress requesting authorization to use force? Why would their AUMF require additional 'Acts' of Congress in order for the Executive Branch to prosecute this war?

To make it clear: I agree that to award any Administration the authority to wage an open ended war against a global terror threat is a tough pill to swallow, especially when some of the enemy agents could be on our own soil. However, Congress should have dealt with these challenges in their 'Authorization'. Placing 'sunset' clauses in their Declaration could have been one way to keep the Executive Branch accountable. Not giving the Executive Branch the authority to detain, charge, and prosecute enemy combatants for their actions in the war on terror is just as egregious as not having properly armored vehicles sent to the front line to protect our troops.

Congress left the teeth out of their 'Authorization' only to have the Government challenged in our own courts by an enemy of the state; the personal driver and body guard to Osama bin Ladin. How insane is that???

Congress needs to pass a clear law/declaration/Authorization giving the Executive Branch the authority to hold Military Commission Hearings for those captured in the war on terror...PERIOD!

Congress needs to make it clear that the United States will not stop short of victory in this war on terror. Our Executive Branch as well as our military, law enforcement, border security, and intelligence services must be supported and authorized to conduct this war with only one goal in mind: Total Victory.

So, this time...let's think this through shall we? Let's not allow politics to get in the way of our security and our road to victory.

Mike DiBartolo
TWP