Monday, April 12, 2010

Reining in the Courts


Hillsdale College's newsletter, Imprimis, is always a worthy read. In March's issue, Andrew McCarthy of the National Review Institute takes a look at the issue of presidential powers vs. judicial powers in wartime.

There has been much hue and cry from the left about George W. Bush supposedly acting like a dictator and trampling on the Constitution. As Mr. McCarthy shows from American history, the left really doesn't get it, as usual. Today's terrorists (unlawful combatants) require trial in military commissions, not in civilian courts.

More than that, there are times when the court needs to be told to go pound sand. The executive, legislative and judicial are three separate branches of government with checks and balances. The judicial should not -- and was never intended to -- reign supreme in our system. They are to interpret the law as passed by the legislature, not make law themselves. It is the job of the executive to enforce and carry out the law. It's really pretty simple.

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