The post-legal society
Wednesday, June 29, 2011
Justinian in Guantanamo, Habeas, Roger Fitch Esq, War crimes, material support
Reinventing the Constitution ... New war crime propped up by discredited 1818 case ... Pentagon stacks military commission review court ... Rogue circuit court circumvents habeasfor Guantanameros ... CIA homicides investigated by grand jury ... Our Man in Washington reports
George Bush's quest for a stripped-down, bare-bones constitution is progressing nicely under his nimble successor, Barack Obama.
Evidently, the powers-that-be decided a smooth Democrat - a "constitutional law professor" - was best-equipped to carry out a project begun by clumsy Republicans and stalled by cautious courts.
The results so far have been impressive.
The 1st Amendment's guarantee of speech has been ingeniously reinterpreted, loosing rivers of corporate cash in public elections.
The 2nd (guns) has been turned 180 degrees and the 4th (search and seizure) is on the way out. The 8th(excessive bail, cruel and inhuman punishment) is pretty much a dead letter.
Demolition of the 5th (due process) and 6th (speedy trials, impartial juries, right to confront witnesses) will be difficult and take longer, but hope springs eternal in America's governing class.
In fact, we already live in a post-legal society, according to a well-known internet scribe.
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