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The Founders' Rights Stuff

'The Constitution is not a suicide pact." After 9/11, that old saw -- originally coined by Supreme Court Justice Robert Jackson -- was dusted off. Lately, it's been getting a heavy workout.

On June 12, for instance, the U.S. Supreme Court released a decision authored by Justice Anthony Kennedy holding, in Boumediene vs. Bush, that Guantanamo prisoners have the right to ask the federal courts to rule on the validity of their continued detention (many have been held for years, despite little evidence in some cases that they're truly "unlawful combatants.")