Sunday, August 8, 2010

The Bill of Rights Being Eroded

And I am not talking the Second Amendment.

I agree with Bernard Finel, who agrees with Fabius Maximus, who titled his blog post "Code red! The Constitution is burning."

This is about the President going to court to confirm that he has the right to order the assassination of US Citizens who he thinks are aiding and abetting our enemies.

Mr Maximus:
Depending on the verdict of our Courts and the success of our assassins, future historians might say the second American republic died this year.  You’ll miss the Constitution when it’s dead (most of you).  Not tomorrow, or next year.  But eventually.  How will you explain this time to your children or grandchildren.
(This actually sounds like the writing of one of my students at National War College.)

Mr Finel:
I’ve mentioned this before, but it is worth revisiting.  The issue is specifically about New Mexico-born, radical Islamist cleric Nasser al-Awlaki.  If he is giving aid and comfort to our enemies — and he perhaps is — then charge him with treason.  Issue an arrest warrant.  Try to apprehend him, and if in the process of a good faith effort to arrest him, he’s killed, then so be it.  I am not making a radical civil libertarian argument.  I am simply arguing that there needs to be a process — an open process subject to oversight and judicial review before you kill an American citizen.

Yet, my position, that I think by any reasonable assessment is balanced and moderate is somehow outside of mainstream opinion.  Very Serious People in Washington seem to feel that actually having a public, reviewable process is an unreasonable constraint on presidential power.
The Constitution is too important to let executive power erode it.

Regards  —  Cliff

2 comments:

  1. Where were you and this opinion eight years ago when Dubya was setting the example his less imaginative successor has continued? Where was the Republican outrage for the executive orders and the extraordinary renditions and the rationalized torture and all the other abuses of power that have set the stage for merely an incremental increase in the magnitude of the abuse?

    I am sick, disgusted and tired of all this gum-flapping these days from the right, just as I am sick, disgusted and tired of the deafening silence of those D's from the left who were baying for Bush's scalp, but are meek little party-faithful lambs now that it's their guy in the White House.

    We get, as they say, the government we deserve, and it's a frightening thing.

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  2. H L Mencken said:  "Democracy is the theory that the common people know what they want, and deserve to get it good and hard."  As you say, we get the Government we deserve.

    I wasn't in favor of parts of the "Patriot Act", which was approved by both sides.  I even brought up the library card issue in class last night.

    Just because I am a registered Republican doesn't mean that I agreed with everything put forward by President George W Bush or the Vice President of the day, Dick Cheney.  In fact, I did not.  And just because I agree with Mr Bernard Finel, who is a bit more "progressive" than I am doesn't mean I have sold out.

    Does the election of W (yes, I voted for him), mean that my opinion on the Bill of Rights has less value than someone who is unenrolled or even unregistered?

    The fact is, this position on assassinations, like the previous administration's position on torture, is going down the wrong path.

    Here is my 5 December 2008 blog post laying out why I thought torture was wrong.  Back when "W" was President.

    Regards  —  Cliff

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Please be forthright, but please consider that this is not a barracks.