Supreme Court comes down on the side of Human Rights

Today the Supreme Court struck another blow to the Bush Administration's policies surrounding the detainees at the military base in Guantanamo Bay, Cuba. In a 5-4 decision, Justice Kennedy joined the "liberal" side of the Court in deciding that detainees at Guantanamo are entitled to have their cases heard in civilian courts rather than by military tribunals. While it's not a decision to shut down Gitmo, it's a step in the right direction.

"The laws and constitution are designed to survive, and remain in force, in extraordinary times," the decision said. My question is why it took us so long to realize this. The Bush Administration has suspended basic civil rights, tortured, and violated international laws all in the name of fighting the war on terror. Today's Court ruling not only took a step toward justice for Gitmo detainees, but also put a check on the unchecked executive power that has been increasing since WWII.

Woodrow Wilson, before he was president, was a historian and a scholar, and he concluded that the best way to allow for the expansion of executive power was by establishing continued crisis. This allowed for the executive to consolidate more power in order to expedite governmental action. The problem with the "War on Terror" is that it will never be over. This "crisis" has allowed this president and opened the door for future president to declare war unilaterally, suspend basic constitutional rights, wiretap without warrants, and the list goes on.

So, while I understand the argument that some of Al Queda's top men are in Guantanamo, and without a doubt, some of them probably are dangerous terrorists. But at the same time, as today's decision states, "...liberty and security can be reconciled; and in our system they are reconciled within the framework of the law."

The Constitution and the rule of law are designed to protect individuals from the abuses of government, and though these detainees may not be citizens of our country, why should they be any less entitled to their basic and fundamental civil liberties? Like anyone else in our country, they are innocent until proven guilty in a court of law. Some of these detainees have been held in Gitmo for over six years, subject to tortue and who knows what else without ever having a day in court or charges leveled against them.

The Supreme Court was right to rule as they did today. The only unfortunate thing is that four of the justices on our nation's highest court don't understand the magnitude and the importance of human rights.