In other words: A discussion of The Bush Administration
Where was this Al Gore during campaign 2000? Truly makes me wonder. Some highlights from Gore's speech today:
President Bush is claiming the unilateral right to [imprison without due process] any American citizen he believes is an “enemy combatant.” Those are the magic words. If the President alone decides that those two words accurately describe someone, then that person can be immediately locked up and held incommunicado for as long as the President wants, with no court having the right to determine whether the facts actually justify his imprisonment.
Now if the President makes a mistake, or is given faulty information by somebody working for him, and locks up the wrong person, then it’s almost impossible for that person to prove his innocence – because he can’t talk to a lawyer or his family or anyone else and he doesn’t even have the right to know what specific crime he is accused of committing. So a constitutional right to liberty and the pursuit of happiness that we used to think of in an old-fashioned way as “inalienable” can now be instantly stripped from any American by the President with no meaningful review by any other branch of government.
Or, to take another change – and thanks to the librarians, more people know about this one – the FBI now has the right to go into any library and ask for the records of everybody who has used the library and get a list of who is reading what. Similarly, the FBI can demand all the records of banks, colleges, hotels, hospitals, credit-card companies, and many more kinds of companies. And these changes are only the beginning. Just last week, Attorney General Ashcroft issued brand new guidelines permitting FBI agents to run credit checks and background checks and gather other information about anyone who is “of investigatory interest,” - meaning anyone the agent thinks is suspicious - without any evidence of criminal behavior.
Indeed, this Administration has turned the fundamental presumption of our democracy on its head. A government of and for the people is supposed to be generally open to public scrutiny by the people – while the private information of the people themselves should be routinely protected from government intrusion.
But instead, this Administration is seeking to conduct its work in secret even as it demands broad unfettered access to personal information about American citizens. Under the rubric of protecting national security, they have obtained new powers to gather information from citizens and to keep it secret. Yet at the same time they themselves refuse to disclose information that is highly relevant to the war against terrorism.
And even as they claim the right to see the private bank records of every American, they are adopting a new policy on the Freedom of Information Act that actively encourages federal agencies to fully consider all potential reasons for non-disclosure regardless of whether the disclosure would be harmful. In other words, the federal government will now actively resist complying with ANY request for information.
Moreover, they have established a new exemption that enables them to refuse the release to the press and the public of important health, safety and environmental information submitted to the government by businesses – merely by calling it “critical infrastructure.”
By closely guarding information about their own behavior, they are dismantling a fundamental element of our system of checks and balances. Because so long as the government’s actions are secret, they cannot be held accountable. A government for the people and by the people must be transparent to the people.
Almost eighty years ago, Justice Louis Brandeis wrote “Those who won our independence by revolution were not cowards. . . . They did not exalt order at the cost of liberty.” Those who won our independence, Brandeis asserted, understood that “courage [is] the secret of liberty” and "fear [only] breeds repression."
Rather than defending our freedoms, this Administration has sought to abandon them. Rather than accepting our traditions of openness and accountability, this Administration has opted to rule by secrecy and unquestioned authority. Instead, its assaults on our core democratic principles have only left us less free and less secure.
There are reasons for concern this time around that what we are experiencing may no longer be the first half of a recurring cycle but rather, the beginning of something new. For one thing, this war is predicted by the administration to “last for the rest of our lives.” Others have expressed the view that over time it will begin to resemble the “war” against drugs – that is, that it will become a more or less permanent struggle that occupies a significant part of our law enforcement and security agenda from now on. If that is the case, then when – if ever – does this encroachment on our freedoms die a natural death?
It is important to remember that throughout history, the loss of civil liberties by individuals and the aggregation of too much unchecked power in the executive go hand in hand. They are two sides of the same coin.
A second reason to worry that what we are witnessing is a discontinuity and not another turn of the recurring cycle is that the new technologies of surveillance – long anticipated by novelists like Orwell and other prophets of the “Police State” – are now more widespread than they have ever been.
[T]he most worrisome new factor, in my view, is the aggressive ideological approach of the current administration, which seems determined to use fear as a political tool to consolidate its power and to escape any accountability for its use. Just as unilateralism and dominance are the guiding principles of their disastrous approach to international relations, they are also the guiding impulses of the administration’s approach to domestic politics. They are impatient with any constraints on the exercise of power overseas – whether from our allies, the UN, or international law. And in the same way, they are impatient with any obstacles to their use of power at home – whether from Congress, the Courts, the press, or the rule of law.
The politicization of law enforcement in this administration is part of their larger agenda to roll back the changes in government policy brought about by the New Deal and the Progressive Movement. Toward that end, they are cutting back on Civil Rights enforcement, Women’s Rights, progressive taxation, the estate tax, access to the courts, Medicare, and much more. And they approach every issue as a partisan fight to the finish, even in the areas of national security and terror.
Our framers were ... keenly aware that the history of the world proves that Republics are fragile. The very hour of America’s birth in Philadelphia, when Benjamin Franklin was asked, “What have we got? A Republic or a Monarchy?” he cautiously replied, “A Republic, if you can keep it.”
And even in the midst of our greatest testing, Lincoln knew that our fate was tied to the larger question of whether ANY nation so conceived could long endure.
This Administration simply does not seem to agree that the challenge of preserving democratic freedom cannot be met by surrendering core American values. Incredibly, this Administration has attempted to compromise the most precious rights that America has stood for all over the world for more than 200 years: due process, equal treatment under the law, the dignity of the individual, freedom from unreasonable search and seizure, freedom from promiscuous government surveillance. And in the name of security, this Administration has attempted to relegate the Congress and the Courts to the sidelines and replace our democratic system of checks and balances with an unaccountable Executive. And all the while, it has constantly angled for new ways to exploit the sense of crisis for partisan gain and political dominance. How dare they!
Years ago, during World War II, one of our most eloquent Supreme Court Justices, Robert Jackson, wrote that the President should be given the “widest latitude” in wartime, but he warned against the “loose and irresponsible invocation of war as an excuse for discharging the Executive Branch from the rules of law that govern our Republic in times of peace. No penance would ever expiate the sin against free government,” Jackson said, “of holding that a President can escape control of executive powers by law through assuming his military role. Our government has ample authority under the Constitution to take those steps which are genuinely necessary for our security. At the same time, our system demands that government act only on the basis of measures that have been the subject of open and thoughtful debate in Congress and among the American people, and that invasions of the liberty or equal dignity of any individual are subject to review by courts which are open to those affected and independent of the government which is curtailing their freedom.”
As John Adams wrote in 1780, ours is a government of laws and not of men. What is at stake today is that defining principle of our nation, and thus the very nature of America. As the Supreme Court has written, “Our Constitution is a covenant running from the first generation of Americans to us and then to future generations.” The Constitution includes no wartime exception, though its Framers knew well the reality of war. And, as Justice Holmes reminded us shortly after World War I, the Constitution’s principles only have value if we apply them in the difficult times as well as those where it matters less.
The question before us could be of no greater moment: will we continue to live as a people under the rule of law as embodied in our Constitution? Or will we fail future generations, by leaving them a Constitution far diminished from the charter of liberty we have inherited from our forebears? Our choice is clear.
Albert Gore is an experienced politician. He isn't prone to gaffes, hyperbole, or hysterical posturing. Our country is being taken from us.
- Michael 7:58 PM - [PermaLink] -
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