Scott Horton examines the Boumediene ruling - and what the Bush administration may do in response.

For the past seven years, Americans have witnessed an effort to engineer a “state of exception” to the American constitution. Its key element has been a new definition of warthe “war on terror”–which has neither territorial nor temporal boundaries. This war, as the Bush Administration crafted and advanced it, never served the security interests of the United States. Military analysts and advisors were firm from the outset in opposing it. They argued that any war needed to have clearly defined achievable objectives so that America could quickly and decisively win it...

But the Bush Administration’s conceptualization served a different agenda. It was designed to bolster an assertion of unprecedented executive power, a reshuffling of the political cards at home. The executive was to emerge as the paramount power in the nation’s government, relegating the other branches to the status of constitutional hood ornaments. The Republican Party was to be anchored in to a generation of rule.

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