Gonzales: Judges unfit to rule on terror policy

SuzannePjamSuzannePjam Posts: 411
edited January 2007 in A Moving Train
This is just unbelievable. Why doesn't Gonzales just say he wants to make G.W. the king, with unchecked powers?


Gonzales: Judges unfit to rule on terror policy
Attorney general says federal jurists should defer to president's will


WASHINGTON - Attorney General Alberto Gonzales says federal judges are unqualified to make rulings affecting national security policy, ramping up his criticism of how they handle terrorism cases.
In remarks prepared for delivery Wednesday, Gonzales says judges generally should defer to the will of the president and Congress when deciding national security cases. He also raps jurists who “apply an activist philosophy that stretches the law to suit policy preferences.”
The text of the speech, scheduled for delivery at the American Enterprise Institute, was obtained Tuesday by The Associated Press. It outlines, in part, what qualities the Bush administration looks for when selecting candidates for the federal bench.
“We want to determine whether he understands the inherent limits that make an unelected judiciary inferior to Congress or the president in making policy judgments,” Gonzales says in the prepared speech. “That, for example, a judge will never be in the best position to know what is in the national security interests of our country.”
Challenges to Bush policies
Gonzales did not cite any specific activist jurists, or give examples of national security cases, in his prepared text. The Justice Department is appealing an August decision by U.S. District Judge Anna Diggs Taylor in Detroit, who ruled the government’s warrantless surveillance program unconstitutional and ordered it stopped immediately.
The Justice Department appealed her decision and the 6th U.S. Circuit Court of Appeals in Cincinnati has ruled that the administration can keep the program in place during the appeal.
Attorneys representing terrorism suspects held at Guantanamo Bay are challenging the legality of a law, signed by President Bush in October, that authorizes military trials. Those challenges raise the possibility that trials will be struck down by a federal appeals court or the Supreme Court.
Gonzales, a former Texas Supreme Court justice, has in the past warned about judges who inject their personal beliefs in cases. But his prepared remarks Wednesday mark his sharpest words over concerns about the federal judiciary — the third, and equal, branch of government.
Judges who “apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the judiciary,” Gonzales says. “In so doing, they undermine the rule of law that strengthens our democracy.”
Even so, Gonzales characterized efforts to retaliate against unpopular rulings as misguided, noting a failed South Dakota proposal to sue or jail judges for making unpopular court decisions. He also called for Congress to consider increasing the number of federal judges to handle heavy workloads, and to offer them higher salaries to lure and keep the best jurists on the bench.
"Where there is sacrifice there is someone collecting the sacrificial offerings."-- Ayn Rand

"Some of my friends sit around every evening and they worry about the times ahead,
But everybody else is overwhelmed by indifference and the promise of an early bed..."-- Elvis Costello
Post edited by Unknown User on

Comments

  • jlew24asujlew24asu Posts: 10,118
    Gonzales says judges generally should defer to the will of the president and Congress when deciding national security cases.
  • normnorm Posts: 31,146
    jlew24asu wrote:
    Gonzales says judges generally should defer to the will of the president and Congress when deciding national security cases.

    And the third branch of our government? Checks and Balances? 2nd grade civics? Anyone? Bueller?
  • jlew24asujlew24asu Posts: 10,118
    cutback wrote:
    And the third branch of our government? Checks and Balances? 2nd grade civics? Anyone? Bueller?

    hehehehehe

    http://www.youtube.com/watch?v=UXXw6_v-g98


    great movie
  • jlew24asu wrote:
    Gonzales says judges generally should defer to the will of the president and Congress when deciding national security cases.
    That's smart, especially when one party has control of both congress and the presidency. Look what that got us this past 6 years. :rolleyes:
    "Where there is sacrifice there is someone collecting the sacrificial offerings."-- Ayn Rand

    "Some of my friends sit around every evening and they worry about the times ahead,
    But everybody else is overwhelmed by indifference and the promise of an early bed..."-- Elvis Costello
  • jlew24asujlew24asu Posts: 10,118
    That's smart, especially when one party has control of both congress and the presidency.

    of course you know that isnt true anymore right?
  • OutOfBreathOutOfBreath Posts: 1,804
    In effect, judges should just not look into the legality and use of laws, but just do as they are told from president/congress? Then what's the point of having them at all? Judges are supposed to be a pain in the neck for lawmakers and whatnot that are suggesting and passing laws without heeding the full consequences too much. It is the duty of judges to point out conflicts with the constitution, other laws and general norms and behaviour.

    That speech will be an insult to all the people in the justice system. Or at least, that's how they should interpret it.

    Peace
    Dan
    "YOU [humans] NEED TO BELIEVE IN THINGS THAT AREN'T TRUE. HOW ELSE CAN THEY BECOME?" - Death

    "Every judgment teeters on the brink of error. To claim absolute knowledge is to become monstrous. Knowledge is an unending adventure at the edge of uncertainty." - Frank Herbert, Dune, 1965
  • jlew24asu wrote:
    of course you know that isnt true anymore right?
    Yes! I've waited for this day for a long time. :)
    "Where there is sacrifice there is someone collecting the sacrificial offerings."-- Ayn Rand

    "Some of my friends sit around every evening and they worry about the times ahead,
    But everybody else is overwhelmed by indifference and the promise of an early bed..."-- Elvis Costello
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