After Hamdan: Do al Qaeda detainees deserve the same rights as U.S. GIs?
"As a practical political matter, Hamdan tosses the debate over military commissions back to Congress. Our liberal friends keep assuring us that this is the key to restoring the 'rule of law.' But there's a reason the Founders gave Presidents the bulk of the Constitutional power to wage war, leaving to Congress mainly the power to declare war and then finance it. The executive branch can act with speed and decisiveness that a committee of 535 simply cannot. Presidents can also be held directly accountable by voters in a way that a diffuse Congress (and especially the Supreme Court) cannot.
That's why the clamor after 9/11 was for the White House to act, and that is the period in which it established military commissions and set up Guantanamo. Now that we haven't been hit again in nearly five years, liberals want us to believe that such executive authority is more dangerous than our enemies.
We thus certainly hope the Administration presses its case for military commissions to the Congress, including just how much due process protection the Members think al Qaeda detainees really deserve. An election is coming in which the prosecution of the war on terror will again be a major issue. By all means let's debate the proper care and handling of Osama's bodyguard." Read it all here.
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