A Belgian sociologist specializing in transformations of the juridical forms of the state, Jean-Claude Paye has determined that when the U.S. Supreme Court upheld the Bush Administration’s power both to secretly incarcerate non-citizen, alleged opponents of U.S. policy, and to incarcerate U.S. citizens without charges or trial, the U.S. technically abandoned oligarchical democracy, and become a dictatorship.
“A state of emergency that takes indefinite hold, and affects all public and private spheres, brings about a political sea change. It marks an end to the formal separation of powers, and gives the executive the kind of authority allotted to judges: the authority to state and interpret the law, the authoritarian power of dictatorship,” concluded Paye in the article “Guantanamo and the New Legal Order” (2005).
Justice Souter averred that the executive’s detentions are illegal. Interestingly, Justice Scalia, a member of the Catholic fascist organization Opus Dei, also broke rank with the right-wing activist court. Scalia held that the Constitution provides for the conversion of the state into another form of government, such as dictatorship, and that Constitutional process should be followed in the suspension of law.