Separation of Powers

Well, at the risk of becoming Dean-Filter, here we go…

Recently Dean said that he “wouldn’t want to prejudge Osama”:http://www.concordmonitor.com/stories/news/politics2003/deanside122603_2003.shtml in the event that he was caught and Dean was president. Some people seem to take offense with this, and even the term prejudge. I suppose they are thinking of personal judgment whereas Dean is clearly thinking of an actual legal judgment, which if course, only a court can render. I really don’t think that is very complicated, but apparently so.

Further, the people that seem most upset about this are conservatives who I guess would want something more along the lines Dean saying that he is guilty and should be put to death. Of course, being conservative republicans they seem to have a horrifyingly poor grasp of our Constitution and separation of powers. It actually isn’t the executive’s job to pronounce people guilty, and bravo for Dean for saying so. Just as it isn’t the executive’s job to go to war, nevertheless this is another power the republicans seem to want for their executive. If you actually read the quote, which isn’t even very long, it’s obvious that it’s about separation of powers. I refuse to endorse politicians simplifying things to the point of assuming people don’t know the basics of how our government functions.

I’ve resisted pronouncing a sentence before guilt is found,” Dean said. “I still have this old-fashioned notion that even with people like Osama, who is very likely to be found guilty, we should do our best not to, in positions of executive power, not to prejudge jury trials. So I’m sure that is the correct sentiment of most Americans, but I do think if you’re running for president, or if you are president, it’s best to say that the full range of penalties should be available. But it’s not so great to prejudge the judicial system.

Could Dean have pretended to be more emotionally shaken up and angry an Osama? I suppose he could have, but I would rather he didn’t. I mean, if he actually was traumatized by him I wouldn’t want him to hide that, but if he wasn’t I would much prefer that he didn’t pretend, to pander to the stupid and the violent.