Posted by
NOTLEGALROADKILLYET on Thursday, February 22, 2007 2:58:37 PM
It is hard to take issue with today's Denver Post editorial "
Restoring Habeas Corpus," and except for one line, this blog won't.
This is an issue that should be settled in Congress, and that is what the Post is suggesting. Reasonable men can differ as to how that argument should come out, and this blog does not agree with the outcome the Post proposes.
The line that is alarming in the editorial is this:
The decision is likely to be appealed to the Supreme Court . . .The Constitution is quite clear that Congress has the power to limit jurisdiction on this or any other issue. It has done so. The Supreme Court has no jurisdiction to hear the matter and should ignore any appeal.
The new Congress has the authority to reverse the decision of the 109th to deny the Supreme Court jurisdiction, and will likely try to do so. Under a Constitutional government, our officials have an obligation to obey all of the Constitution, not just the convenient parts. If the Congress fails to restore jurisdiction, it would be lawless of the Supreme Court to take an appeal no matter how much the Post might wish otherwise.