When Judges Attack!

The war president is finding a less pliant judiciary

Citing the internment of Japanese-Americans during World War II, among other shameful episodes in our history, Marrero warned of "the tragic ill- effects" that have been felt "in the wake of the courts' yielding ground to other branches of government on the constitutional role the judiciary must play in protecting the fundamental freedoms of the American people."

He continued: "Viewed from the standpoint of the many citizens who lost essential human rights as a result of such expansive exercises" of unchecked governmental power, "the only thing left of the judiciary's function . . . was a symbolic act: to sing a requiem and lower the flag on the Bill of Rights."

This funeral for the Bill of Rights will continue here so long as the president and the Congress (Republican or Democratic) rule by fear, aided and abetted by a timid judiciary. Al Qaeda has regained its strength, and there are ever more terrorist operations linked to it—or inspired by it—around the world. As the war on terror continues, can our Constitution survive it?

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