Quote:
The tea party movement has generally been constructive, but every so often it runs off the road. A case in point is its emerging condominium with the anti-antiterror left to block terrorist detentions.
This strange alliance has developed in response to one of Congress's rare bipartisan achievements—the 2012 National Defense Authorization Act (NDAA). That bill affirmed the long-standing distinction between civilian justice and the rules of war by letting the President detain terrorists (including U.S. citizens) captured anywhere and question them as long as necessary. A President can decide to try them in either military or civilian courts, and the right of habeas corpus to challenge detention in court, established by the Supreme Court's 2004 Hamdi decision, is unchanged.
This modest law has sprouted a burst of political delusion in several states and Congress. A tea party outfit called the Tenth Amendment Center calls the law "an unconstitutional and dangerous federal power grab"—though the statute merely codifies existing practice under Presidents Bush and Obama. In the wilder tea party precincts, the talk is that in a second term Mr. Obama might round people up, a la Japanese-Americans after Pearl Harbor.
This strange alliance has developed in response to one of Congress's rare bipartisan achievements—the 2012 National Defense Authorization Act (NDAA). That bill affirmed the long-standing distinction between civilian justice and the rules of war by letting the President detain terrorists (including U.S. citizens) captured anywhere and question them as long as necessary. A President can decide to try them in either military or civilian courts, and the right of habeas corpus to challenge detention in court, established by the Supreme Court's 2004 Hamdi decision, is unchanged.
This modest law has sprouted a burst of political delusion in several states and Congress. A tea party outfit called the Tenth Amendment Center calls the law "an unconstitutional and dangerous federal power grab"—though the statute merely codifies existing practice under Presidents Bush and Obama. In the wilder tea party precincts, the talk is that in a second term Mr. Obama might round people up, a la Japanese-Americans after Pearl Harbor.
I had myself a hearty lol at the first sentence, and the Journal's description of the legalization of indefinite detentions of US citizens as "modest."
Boy, I'm sure glad we elected a president willing to put a stop to all these shenanigans. Change I can believe in!