On Tuesday, President Bush got slapped by his home state of Texas. But we'll get back to that in a moment.
First, we should look at his other big slap treatment. This first instance of Bush's receiving a palm-full to his face was in 2004 when the World Court gave Mexico a win over the United States in a lawsuit. In true Bush fashion, he threw an "I don't need nobody" tantrum and pulled the U.S. out from under the court's jurisdiction.
The dispute in question arose over the U.S.'s violation of Article 36 of the Vienna Convention, which was ratified in 1963. This article requires authorities, when placing foreign nationals under arrest, to notify them of their right to request assistance in their defense from the consul of their home state. The lawsuit was brought to the court on behalf of 51 Mexican citizens that had their rights infringed upon by being placed on "death row" in U.S. prisons.
I'm no lawyer, but doesn't the right to counsel run parallel to the Miranda Rights? I can't figure why we would set aside that right.
In an attempt to save face, President Bush ordered the states where these prisoners were being held to retry their cases with the help of foreign counsel. This was done to uphold the international law — the same international law he just pulled us out of.
What happens next is where the original Bush slap comes in: The state of Texas abjured his order and took the matter to the U.S. Supreme Court.
The Bush administration in its usual arrogance claimed that a memo signed by president had the force of federal law on the state. Say what?!?!
I don't know about you, but that concept sure scares the hell out of me! Last time I checked, the states still retain the right to prosecute criminals under state law in state courts, unless of course, the trial is held in federal court. I thought Congress passed laws, and that the president couldn't "order" directives as a matter of law. Damn, and we have the nerve to criticize Russia for going in the wrong direction!
But thankfully, there is still the part where Bush got slapped — the Supreme Court, by a vote of 6-3, ruled that the president had indeed overstepped his authority when issuing his "memo." It says something when even Texas, the president's home state, has begun to question his motives and intrusions on the sovereignty of the states.
R. Ted Cruz, the Texas Solicitor General, told the justices they were correct in their assertion that the president had overstepped his authority. Cruz went on to say, "In over 200 years of our nation's history, I'm not aware of any other directive from the president directly to the state courts and state judges."
Let's face it: What's another black eye for this country? When President Bush leaves office, we're going to have enough bruises to look like an apple that rolled from the top of Mount Everest. But it's just another little violation of international law, no big deal.
After all, we've gone back on treaties in the past — most of which were signed between Americans and those who were here before us, not to mention those who helped us win the Revolutionary War. So if we can stab people who help us in the back, why not an international court that fights for human rights?
Well sadly, next thing you know, we'll be doing something like torturing foreign prisoners of war. Oh wait . . .
Jamey can be reached by e-mail at: jamey.sackett@asu.edu.
