The Supreme Court has turned constitutional theory on its head with this decision.
A minor civics lesson: The Constitution is a compact between the government and her citizens. The citizens control the government through electing the legislature (the citizens right as a sovereign) and the executive. The judiciary, when interpreting the Constitution protects the basic Constitutional rights of the citizens from overreaching by the legislature and executive and limits the powers of the federal government to those enumerated powers granted them in the Constitution.
The Supreme Court Thursday granted access to our civilian court system, a basic Constitutional right of citizens to non-citizen enemies of the United States. This is the third split decision by the court in this area. It goes against two enactments of the Congress, the last of which explicitly barred access to civilian courts. This is judicial overreaching in it's finest hour. As Justice Scalia said in his dissent Thursday: this decision "will almost certainly cause more Americans to be killed.”
Sen. McCain weighed in today, and I couldn't agree more:
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