Sunday, August 3, 2008

Violating the Constitution: why are we afraid to call Bush on this?

This may be a touchy subject for some people, but it shouldn't be. Patriotism is not blindly accepting our government's word, but valuing our country and its principles (see the Wikipedia entry on patriotism and fighting for them. In light of that, I am going to look at the Bill of Rights, a document written by liberals. Whether you believe it or not, it's true. The conservatives of the time did not want to split from England; the people fighting for independence were free and forward thinkers. So, one by one, here's the fourth, fifth, and sixth amendments and how the Bush administration has violated them. I'll summarize at the end.

Fourth amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The USA Patriot Act violates this amendment in too many ways to list here. People are simply labeled by one man, President George Bush, as an "enemy combatant" and this right goes away for these poor people. While that more specifically applies to the Fifth Amendment (see below), the person's fourth amendment right against search and seizure, in particular their communications (wiretapping, letters being opened, emails) and their homes.

Fifth amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. As with the fourth amendment, one man alone, President Bush, decides who is an enemy combatant and thus not subject to this protection. Even those running the camps such as Guantanamo Bay admit the majority of people incarcerated there are innocent of any charge against them. They also cannot "take the fifth" and avoid self-incrimination. Thus they are also deprived of their due process rights and the protections of the Geneva Convention.

Sixth amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. As stated above, the lack of due process also results in the violation of this amendment. These poor souls do not even know the charges against them, much less are they able to confront their accusers, cannot get witnesses in their favor, and they have no access to attorneys. Also, their right to a speedy trial doesn't exist; some of them have been incarcerated for seven years.

I am well aware there are some legitimate terrorist suspects in custody. We must determine who they are and punish them appropriately. However, a large majority of people held in these camps may well be simple farmers or shopkeepers. The truth is we don't know; our government hasn't even tried these people, much less given us any information. Further, how much useful information can one get from someone who has been in jail without access to an attorney or any other resources for seven or more years? And all of this is controlled by one man, one man who sees the world in only two colors, black and white, and two camps, good versus evil. Do we really want to trust our freedoms to this one man?

Our government is acting in a hypocritical manner. We tell every other country to pay attention to their human rights, and then we ignore our own constitution and do exactly what we tell other countries not to do. Although everyone stood with us on 9/11/2001, it didn't take long for this administration to ruin our reputation.

Another thought. Back in 1998, Bill Clinton went through impeachment hearings because he had an affair with a White House intern. Well, so have other presidents. Bill Clinton, no matter what you think of him, did not violate anything in the US constitution. Yet the Bush administration has repeatedly violated the fourth, fifth, and sixth amendments and only a very few people have had the guts to stand up and call these impeachable offenses. Many Democrats and Republicans have both become convinced their purpose is to get re-elected, not to govern according to the Constitution.

I am going to ask you to read two books: "Conservatives Without Conscience" by John Dean, and "Is There a Right to Remain Silent" by Alan Dershowitz. Then, make up your own mind.

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