Court bars monarchy powers in U.S.
Marie Cocco
http://www.newsday.com/news/opinion/ny-vpcoc293872186jun29,0,7924294,print.column?coll=ny-viewpoints-headlinesJune 29, 2004
Long live the Constitution.
The American president is not a king, the Supreme Court said yesterday. He may not assume a monarch's power to round up subjects or enemies and cast them indefinitely into a dungeon.
No president may hold an American citizen indefinitely without any means to contest allegations against him - even if that citizen was literally picked up on the battlefield where the United States is at war. No president may round up hundreds of foreigners and hold them in an offshore realm of lawlessness, where there is no hope for winning even a word with a relative, let alone a lawyer.
"It is during our most challenging and uncertain moments that our Nation's commitment to due process is most severely tested," Justice Sandra Day O'Connor wrote in the plurality opinion holding that an American citizen picked up on the Afghan battlefield is entitled to a lawyer and a proceeding to contest his detention. "And it is in those times that we must preserve our commitment at home to the principles for which we fight abroad."
"We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation's citizens," O'Connor wrote.