No Comment — June 12, 2007, 9:06 am

A Vindication of the Constitution

Last week two military judges collapsed the Bush Administration’s plans to try two Guantánamo detainees before military commissions. Today the Fourth Circuit Court of Appeals, the most conservative court in the United States, dealt the Bush Administration a further massive blow in its ruling that Bush could not seize civilians lawfully in the United States and put them under the custody of the military for purposes of torturing them or for any other purpose. The ruling is a strong reaffirmation of the Rule of Law and of the Constitution–and reviewing it and seeing in it a rehearsal of the dishonest and hysterical arguments advanced by the Bush Administration serves as a reminder of how obsessed this crew has become with tyrannical power.

It is significant that the Court went out of its way to shine a bright spotlight on the rule of torture in the Bush Administration’s conduct. Most of the odious conduct of this administration turns, after it is carefully deconstructed, on one simple fact: the desire to torture. This is true of the push for military commissions, special evidentiary rules which will allow torture-extracted evidence, the use of national security classifications to hide torture rules, techniques, and sworn evidence of the use of torture. In sum, this is the Bush Administration’s desperate efforts to obscure its own criminality–which now runs rampant. The rulings out of Guantánamo and the Fourth Circuit are vital steps. But the essential next step is for Congress to act to restore habeas corpus and to insure that the law of the land–which has outlawed torture since 1789–is adhered to.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

February 2017

Remainers

= Subscribers only.
Sign in here.
Subscribe here.

JB & FD

= Subscribers only.
Sign in here.
Subscribe here.

Blood and Soil

= Subscribers only.
Sign in here.
Subscribe here.

A Grim Fairy Tale

= Subscribers only.
Sign in here.
Subscribe here.

Trump: A Resister’s Guide

= Subscribers only.
Sign in here.
Subscribe here.

Little Things

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
Illustration (detail) by Steve Brodner
Article
The Patient War·

= Subscribers only.
Sign in here.
Subscribe here.

(1) To need his glasses and be struck by an awareness that they are not at hand, an ordinary enough circumstance for Frederick Douglass, except sometimes it’s accompanied by a flash of extraordinary dread. If not quite panic, certainly an unease disproportionate to a simple recurring situation. Dread that may be immediately extinguished if he locates his horn-rimmed, owlish-eyed spectacles exactly where he anticipated they should be. He sees them and almost sighs. Nearly feels their slightly uncomfortable weight palpable on his nose. Finding the glasses enough to reassure him that he remains here among the living in this material …
Photograph (detail) © Andrew Quilty/Oculi/Redux
Article
Little Things·

= Subscribers only.
Sign in here.
Subscribe here.

(1) To need his glasses and be struck by an awareness that they are not at hand, an ordinary enough circumstance for Frederick Douglass, except sometimes it’s accompanied by a flash of extraordinary dread. If not quite panic, certainly an unease disproportionate to a simple recurring situation. Dread that may be immediately extinguished if he locates his horn-rimmed, owlish-eyed spectacles exactly where he anticipated they should be. He sees them and almost sighs. Nearly feels their slightly uncomfortable weight palpable on his nose. Finding the glasses enough to reassure him that he remains here among the living in this material …
Photograph (detail) of miniatures by Lori DeBacker by Thomas Allen
Article
Blood and Soil·

= Subscribers only.
Sign in here.
Subscribe here.

(1) To need his glasses and be struck by an awareness that they are not at hand, an ordinary enough circumstance for Frederick Douglass, except sometimes it’s accompanied by a flash of extraordinary dread. If not quite panic, certainly an unease disproportionate to a simple recurring situation. Dread that may be immediately extinguished if he locates his horn-rimmed, owlish-eyed spectacles exactly where he anticipated they should be. He sees them and almost sighs. Nearly feels their slightly uncomfortable weight palpable on his nose. Finding the glasses enough to reassure him that he remains here among the living in this material …
Illustration (detail) by Nate Kitch
Article
JB & FD·

= Subscribers only.
Sign in here.
Subscribe here.

(1) To need his glasses and be struck by an awareness that they are not at hand, an ordinary enough circumstance for Frederick Douglass, except sometimes it’s accompanied by a flash of extraordinary dread. If not quite panic, certainly an unease disproportionate to a simple recurring situation. Dread that may be immediately extinguished if he locates his horn-rimmed, owlish-eyed spectacles exactly where he anticipated they should be. He sees them and almost sighs. Nearly feels their slightly uncomfortable weight palpable on his nose. Finding the glasses enough to reassure him that he remains here among the living in this material …
Illustration (detail) by Matthew Richardson

Chances that a Soviet woman’s first pregnancy will end in abortion:

9 in 10

Peaceful fungus-farming ants are sometimes protected against nomadic raider ants by sedentary invader ants.

In San Antonio, a 150-pound pet tortoise knocked over a lamp, igniting a mattress fire that spread to a neighbor’s home.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today