With our nation teetering on the brink of tyranny, what could be a more important issue for deciding whom to vote for in 2008 than a candidate’s attitude and actions towards the preservation of our Constitutional democracy?
There is a great deal of evidence that George Bush and Dick Cheney are currently taking us down the road to tyranny. I discussed this in a
recent post, with special reference to Naomi Wolf’s “
The End of America – Letter of Warning to a Young Patriot”. Of all the warning signs that Wolf discusses in her book, the most important in my opinion is the use of secret prisons, in conjunction with arbitrary arrest and indefinite imprisonment, often with torture, and without charges or trial.
Anyone who isn’t outraged by this, or anyone who favors laws that facilitate it, has no business running for President of the United States. Period. And if we refuse to vote for a candidate who opposes such a person because we don’t like where that candidate stands on other issues, then … well, we’re likely to end up with a President who may complete our transition into tyranny.
The best evidence of strong dedication towards preserving our democracy and our Constitution would be efforts to impeach those responsible for trying to destroy those foundations of our nation. Unfortunately, only one of our candidates for President has actually
engaged in such efforts or even voiced support for them. That’s a major reason
why I intend to vote for Dennis Kucinich. But if Kucinich doesn’t get the Democratic nomination, that still will undoubtedly leave us with huge differences between the major party candidates with regard to dedication to our Constitution.
George Bush’s secret prison system Naomi Wolf discusses this issue in her book, as one of the ten signs of “fascist shift”:
Just as habeas corpus, or some equivalent procedure, is the cornerstone of virtually every democracy, so a secret prison system without habeas corpus is the cornerstone of every dictatorship. You cannot push an open society into submission without a secret prison or, more effective still, a system of secret prisons…. Without the real threat of such a secret prison system, citizens speak up, activists are forceful, and democracy is stubborn.
How many secrete prisons has George Bush established? Nobody knows, since they’re secret, and the Bush/Cheney administration is the most secretive administration our country has ever had. George Bush
has admitted that he has them, but we know little else about them. What we do know is that there have been thousands of victims sent off to Bush’s prisons – secret or otherwise, and without charge or trial, for indefinite periods of time. Estimates of the numbers involved vary from about
8,500 to
35,000. In my recent post titled “
The Only Way to Stop the Bush/Cheney Torture Program Is to Cut it out at its Rotten Core”, I discuss in detail the abundance of evidence for widespread torture condoned by the Bush/Cheney administration, referencing numerous Bush administration memos, the “
International Commission on Crimes Against Humanity Committed by the Bush Administration”, the
former commander of Abu Ghraib Prison,
Amnesty International,
Human Rights Watch,
Seymour Hersh, an
FBI agent, the
Center for Constitutional Rights, and the
ACLU.
Naomi Wolf’s description of the early stages of a secret prison systemRight now we are in the early stage of the establishment of secret prisons by our government. Naomi Wolf explains how it begins:
The classic secret prison system starts out modestly and metastasizes. Initially the government targets people seen by the rest of the population as being “evil”: dangerous radicals or outright criminals. At this stage the prisons – even the mistreatment and torture of prisoners – are publicized, to general acceptance or even approval… Early on, the prisons and even this abuse make citizens feel safer: they can’t imagine that they themselves might ever be subjected to mistreatment.
This is a very sad commentary that accurately characterizes far too many citizens of our nation and of other nations. Too many people think it’s ok to imprison people indefinitely without charges or trial – and even torture them. Why? Because they’re not Americans and therefore don’t have inalienable rights like we do; because they’re not Christians; because they deserve it; because they’re terrorists; or because they seek the destruction of our country – just like Hitler claimed of the German Jews before he began to throw them into concentration camps.
It is not seen as terribly important to most people that no evidence, or only secret evidence, is presented to justify the indefinite imprisonment of Bush’s victims; nor is it seen as important that their imprisonment and torture violates the
Geneva Conventions and are war crimes; nor that it violates the Fifth, Sixth, and Eighth Amendments of our Constitution. These are crimes against humanity
whether or not we ourselves are at risk, and whether or not the system expands to eventually involve us.
And I have to say again that anyone who condones this, passively or actively, would pose a great danger to our country if they ascend to the Presidency of the United States with a system like this already in place.
But what reason do we have to think that a secret prison system would stop at this stage?
The progression of secret prison systemsWolf continues her description of the progression of secret prison systems:
And then there is a mission creep… The thick black line that has separated “us” from “them” starts to blur. The secret prison system expands… to seize civil-society leaders, journalists, clergy, and the political opposition….
Early on, this mission creep is seldom evident. There is a strong, if unconscious, psychological denial among citizens at this stage. Because there is now a two caste system, and because most people are in the protected caste, a kind of magical thinking makes many people feel more secure as they witness “others” being sent into brutal detention. This is the regressive seduction of fascism – a “Daddy wouldn’t harm me” kind of thinking…. Then, if they are working in a democracy, leaders seeking a fascist shift acclimate citizens to an ever lowered bar for state torture.
Yes, political opposition alone – redefined as treason or terrorism – can provide an excuse to throw people in jail and throw away the key. Naomi Wolf herself has been repeatedly detained at airports, undoubtedly because of her political opposition to the Bush administration. James Yee, former Muslim Army Chaplain in the U.S. Army, was accused of treason, imprisoned and tortured for several months,
simply because he vocally objected to the repeated torture of Muslims under his spiritual care at Guantanamo Bay.
How many of us believe that that couldn’t happen to us because of our own political opposition?
For those who believe that it is currently or will remain safe to criticize our governmentOn July 15th, 2005, the U.S. Supreme Court apparently put a stop to the whole Bush/Cheney system of arbitrary imprisonment and torture. In the
Hamdan v. Rumsfeld U.S. Supreme Court decision, Justice Stevens, speaking for the majority, explained that the petitioner Hamdan was “entitled to the full protection of the Geneva Convention”, and that the “military commission convened to try him was established in violation of both the UCMJ and Common Article 3 of the Third Geneva Convention”. Justice Kennedy further elaborated on the Geneva Convention that the USSC determined the Bush administration to have violated:
The provision is part of a treaty the United States has ratified and thus accepted as binding law… moreover, violations of Common Article 3 are considered “war crimes,” punishable as federal offenses…
So, how did George Bush respond to that? He simply intimidated his Republican Congress into passing the
Military Commissions Act (MCA), which presumably now legalizes the Bush/Cheney system of arbitrary imprisonment without charges or trial. Of course, it’s still against international laws to which we’re a signatory. And it still violates our Constitution. But it will continue for the foreseeable future, until it’s stopped. How does the Military Commissions Act strip us of our Constitutional rights?
Eliot Cohen explains in
this post what the Military Commissions Act does for our democracy. To summarize:
The MCA defines an “unlawful enemy combatant” as “an individual engaged in hostilities against the United States who is not a lawful enemy combatant”. By failing to define “hostilities against the United States”, the possibility is left open that George Bush might consider participation in an anti-war rally or even writing articles hostile to the Bush administration as “hostilities against the United States”. And by suspending the protection of habeas corpus, that means that we can be branded as “enemy combatants” and imprisoned indefinitely without charges or trial, and that we have no recourse or right of appeal. The ACLU is even more concise in
their analysis:
In the final hours before adjourning last year, Congress passed and the president signed the Military Commissions Act (MCA). In doing so, they cast aside the Constitution and the principle of habeas corpus, which protects against unlawful and indefinite imprisonment. They also gave the president absolute power to designate enemy combatants, and to set his own definitions for torture.
Though the MCA prohibits torture, it gives George Bush, as president, the authority to define torture. And to make sure that his hands aren’t tied with respect to torture, Bush appended a “
signing statement” to the MCA, declaring that:
''The executive branch shall construe (the law) in a manner consistent with the constitutional authority of the President . . . as Commander in Chief".
How the 2008 Presidential candidates stand on the Military Commissions ActClearly, the Military Commissions Act is an affront and a great danger to our Constitution and to our democracy.
It
passed in the U.S. Senate with only one Republican Senator (who is no longer a Republican) voting against it. It
passed in the House with only 7 Republicans voting against it and 219 Republicans voting for it. Suffice it to say that the Republican Party as a whole sees no problem with trashing our Constitution, and our democracy along with it. Of the 8 declared Republican candidates, I believe that 7 of them have expressed no disagreement with the MCA and give every indication that they fully support it (someone tell me if I’m wrong about that). One of them, Ron Paul, voted against the MCA – though it seems quite unlikely that he’ll be the Republican nominee.
Of the 8 Democratic nominees, 5 of them were members of Congress when the MCA was voted on, and all 5 voted against it. There is little question that the other three (Edwards, Gravel, and Richardson) would have voted against it had they been in Congress at the time.
The bottom lineThe United States descended from Great Britain, whose government was purely monarchical until the 17th Century. But even with a purely monarchical government, the need for some sort of protection against arbitrary imprisonment was recognized as early as 1215, with the passage of the
Magna Carta:
No freeman shall be taken, imprisoned...or in any other way destroyed...except by the lawful judgment of his peers, or by the law of the land. To no one will we sell, to none will we deny or delay, right or justice.
In 1679 the British Parliament passed the
Habeas Corpus Act, which gave persons the right to challenge their detention by the government in a court of law.
Now, with the passage of the Military Commissions Act, George Bush and Dick Cheney have eliminated these most basic rights – so long as George Bush claims that a person has committed a hostile act against the United States. Thus, our “democracy” has reverted to pre-1215 levels with respect to the most basic right that an individual can possess – the right to be free of arbitrary imprisonment by our government.
Anyone who favors that has no business representing the American people in any capacity whatsoever. Yet, other than Ron Paul, there appears to be no objection from the Republican candidates for President whatsoever. Hence, there is a vast difference between the Democratic and the Republican field of 2008 Presidential candidates with regard to their respect for our Constitution, our Democracy and the rule of law in our country.
With our Constitution and our democracy in great jeopardy, this has to be a huge issue for the 2008 elections. All Americans should know where there candidates for President, Congress, or any other office stand on this issue, before they vote.