The government in the Rumsfield v. Padilla case, as quoted in the Times: “[I]n situations where there is a war … you have to trust the executive to make the kind of quintessential military judgments that are involved in things like that.”
And when “the executive” breaches that trust? What then? If — as this “executive” believes — there’s no judicial review, then there’s only one review left: elections.
This, of course, assumes that there will be elections. While I make that assumption, I’m yet to be convinced that it’s an accurate assumption.
The alternative is a grim future for the Constitution, freedom & [oh, by the way] the people.
“There are four boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order.” — From a Slashdot signature I often see.
Long past the usefulness of #1, passing #2 soon, and I don’t see #3 ever coming to pass.
BS. Lessig is a Commie with a Capital C. Search the bloghhh, find Kucinich, read. Then find Captain Pepsi from the Dean Campaign. Then find his views on property. He’s a sham, and the amazingly wonderful thing is that he’s been able to do with law schools what he has done with the ‘Net: Here’s an Idea — Build it For Me!