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Originally Posted by NeedKarma Rick,
Doesn't a US president have veto power? If he thought it were a bad thing would he not veto it? |
That's how it should work, and for the most part has worked until now, but GWB has taken to issuing a "signing statement" when he signs a law that says which parts of it he agrees with and intends to enforce, and which parts he asserts are unconstitutional constraints on his "unitary executive" powers, and which he therefore will not enforce on others or comply with himself. This is insidious, because the only way to get judicial review of the President's unilateral determination of the law's unconsitutionality is for somebody with legal standing to suffer harm and file suit asking the Court to enjoin the Executive to enforce and obey the law as written and signed.
As to whose rights have been taken away, the answer is everyone's, because the President has asserted the right, and Congress (to their everlasting shame) has passed a law that gives him the right to designate ANYBODY WHOMSOEVER (US citizen, legal resident alien, or foreigner) as an "enemy combatant". This designation automatically deprives them of any access to the courts to challenge the declaration of their status, or to see and challenge any evidence of crimes they may be suspected of. It is now completely legal in the United States of America for the Executive Branch of government, on its own determination and initiative, to declare ANYONE to be an "enemy combatant", sieze them off the street or from their home, lock them up for the rest of their life, and never reveal the reason for their siezure or even the fact that it took place--no review, no rebuttal, no appeal.