Re: Bush\'s response
REALLY don't want to get into this discussion, but here is where he Constitutionally has/had the authority to do something...
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
and that goes well with...
"nor be deprived of life, liberty, or property, without due process of law"
Granted, the spirit of the amendment was to protect those charged with a crime, however, if they are covered, surely those who are innocent are covered. Cruel and unusual punishment also would apply here I think.
Basically, the Congress and the President had every right to do what they did. In fact, the courts cannot ENFORCE LAW, only the Executive can do that, thus, Bush was doing exactly what he SHOULD have done in this situation.
This reminds me of a great quote from Andrew Jackson, I don't have it verbatim, so I will paraphrase.
"(Supreme Court Chief Justice) Marshall has made his ruling, now let's see him enforce it..." or something to that effect. See, even 150 years ago people were fed up with the SCotUS.
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