“Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis–that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it.” – Antonin Scalia, eviscerating the Bush administration’s detention of terror suspects without charges or trials.
QUOTE FOR THE DAY II: “With the benefit of minute hindsight, Saddam Hussein wasn’t the kind of extra-territorial menace that was assumed by the administration one year ago. If I knew then what I know now about what kind of situation we would be in, I would have opposed the war.” – William F. Buckley Jr., in the New York Times.
IRAQIS GOVERN THEMSELVES: There will be plenty of cavilling that the new Iraqi government has to rely on Coalition forces. Well, what was the alternative ever going to be? There will also be complaints that, without elections, the current government is only a puppet-regime. But again: what is the alternative? Allawi is right to want elections sooner rather than later – however imperfect they might be. And the possibility of martial law is also something that should not be ruled out – if it is the only means to give ordinary Iraqis some sense that order is returning. No, this is not yet democracy. But even now, it is far more democratic than anything in Saddam’s police state; and soon, the insurgents will be revealed more clearly as would-be thugs and theocrats. There are many pitfalls ahead. But, despite all the errors, this is clearly progress of a sort. And if we care about winning the wider war, we owe this experiment our total support – whatever position we took on the war itself. Critics should take out their anger or criticism on the president and prime minister, if they so wish. They should wish the Iraqis the best. And that goes for Mr Chirac and Herr Schroder as well.
AMERICANS GOVERN THEMSELVES: As usual, the best expert commentary on the rulings yesterday can be found on the Volokh blog. Eugene Volokh provides a terse overview. He also notes the extreme differences between Justices Thomas and Scalia on this matter. Always in lock-step, huh? By the way, you can read the opinions directly here.
The Dish 