http://www.sltrib.com/2003/Nov/11142003/Opinion/Opinion.asp Setting an example
Before the Bush administration can instruct the new Iraqi government on the finer points of constitutional democracy, it will have to go to school itself.
The administration's position is hardly the lesson we want to be teaching the world about how free governments operate. The Supreme Court will be doing the administration's stated goal of bringing democracy to the world a great favor if it will firmly sweep the Justice Department's argument aside.
Thus it is altogether fitting that the Supreme Court has agreed to hear the case. Even if the justices grant the administration considerable powers to capture, detain, try and even punish whomever it chooses to label as enemies of the state, such power cannot be absolute, even in time of war.
Even this conservative court -- or, perhaps, especially this conservative court -- is likely to rein in the administration and rightly reinstate the constitutional separation of powers that is the genius of our system. That separation has preserved our liberties for this long, and should not be spurned by those who would promise liberty to others.