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LaTimes: Gonzales Cautions Judges on Interfering
WASHINGTON -- Attorney General Alberto Gonzales, who is defending President Bush's anti-terrorism tactics in multiple court battles, said Friday that federal judges should not substitute their personal views for the president's judgments in wartime.

He said the Constitution makes the president commander in chief and the Supreme Court has long recognized the president's pre-eminent role in foreign affairs. "The Constitution, by contrast, provides the courts with relatively few tools to superintend military and foreign policy decisions, especially during wartime," the attorney general told a conference on the judiciary at Georgetown University
"Judges must resist the temptation to supplement those tools based on their own personal views about the wisdom of the policies under review," Gonzales said.

And he said the independence of federal judges, who are appointed for life, "has never meant, and should never mean, that judges or their decisions should be immune" from public criticism.

"Respectfully, when courts issue decisions that overturn long-standing traditions or policies without proper support in text or precedent, they cannot -- and should not -- be shielded from criticism," Gonzales said. "A proper sense of judicial humility requires judges to keep in mind the institutional limitations of the judiciary and the duties expressly assigned by the Constitution to the more politically accountable branches."

by Fran on Sun Oct 1st, 2006 at 01:56:33 AM EST
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<head explodes>


the duties expressly assigned by the Constitution to the more politically accountable branches.

Translation: the 2004 election gave us the right to do whatever we damn like, Constitution be damned.

In the long run, we're all dead. John Maynard Keynes

by Jerome a Paris (etg@eurotrib.com) on Sun Oct 1st, 2006 at 04:37:04 AM EST
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"... especially during wartime,..."

Hmmm, except that there was never a declaration of war, either for Afganistan nor Iraq (merely congressional resolutions authorizing the use of force).

One would hope that an attorney general would know (and care) about the difference...)

The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman

by dvx (dvx.clt št gmail dotcom) on Sun Oct 1st, 2006 at 05:43:11 AM EST
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Bush will choose to ignore all legal judgements and criticisms, because he is now king.

Still wondering/fearful about what'll happen in November.

keep to the Fen Causeway

by Helen (lareinagal at yahoo dot co dot uk) on Sun Oct 1st, 2006 at 06:06:20 AM EST
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November will pass uneventfully while scattered leftists numbering a few percent have an oh, shit moment.

Those whom the Gods wish to destroy They first make mad. -- Euripides
by Carrie (migeru at eurotrib dot com) on Sun Oct 1st, 2006 at 06:14:53 AM EST
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I'm still not convinced you're right.

But if you are, I'm buying those chickens and that goat.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Sun Oct 1st, 2006 at 07:01:04 AM EST
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Please, please,
take that back!

Our knowledge has surpassed our wisdom. -Charu Saxena.
by metavision on Mon Oct 2nd, 2006 at 01:31:34 PM EST
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It would only be the 4th time it happens...

Those whom the Gods wish to destroy They first make mad. -- Euripides
by Carrie (migeru at eurotrib dot com) on Mon Oct 2nd, 2006 at 02:21:20 PM EST
[ Parent ]

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