Bush's Vanished Prisoner

He Wonders Whether He Will See the Light of Day Again

Freiman quotes Supreme Court Justice Robert Jackson's concurring opinion in Youngstown Sheet & Tube v. Sawyer (1952) that the commander in chief's power "is not such an absolute—as might be implied from that office in a militaristic system—but is subject to limitations consistent with a constitutional Republic, whose law and policy-making branch is a representative Congress. . . . No penance would ever expiate the sin against free government of holding that a President can escape control of executive powers by law through assuming his military role." (Emphasis added).

And Justice Jackson, dissenting in a case about a basic denial of due process (Shaughnessy v. United States, 1953), thundered, "It is inconceivable to me that this measure of simple justice and fair dealing [due process] would menace the security of this country. No one can make me believe that we are that far gone."

The commander in chief of the Constitution
The commander in chief of the Constitution

Are we that far gone, Mr. President?

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