I'm behind in my blog writing. I've been meaning to write this entry for a while, but haven't gotten around to it until now. I also have one or two other entries I need to write, maybe they'll show up later today, or tomorrow.
One of the books I got for Christmas was "The Words We Live By" by Linda R. Monk. At the beginning of Fall semester President Samuelson encouraged students to get and read this book so as to have a better understanding of the US Constitution and what it means in our lives. Having not had a history class for many years I also felt it was time to reread the Constitution and pay remembrance to all those liberties we're supposed to have, and awe at the checks and balances that used to exist.
Oddly enough, as I was nearing the end of my foray into Constitutional law my dad sent me a legal brief from the Connecticut Bar Journal entitled, "National Security and the Constitution: A Titanic Collision" by Emanuel Margolis. Having read a hundred or so computer science journal articles diving into a law article was a little hairy as there is a bunch of unfamiliar notation and those crazy lawyers like to use lots of Latin phrases which I have to look up.
I'll move through my reading of the Constitution and return to the journal article in a few minutes.
One of the most noticeable things I noticed about the Constitution, which I keep forgetting, is how short it is. It is not a long document by any means. So much work went into such a short piece of writing. Monk's book provides the original text of the Constitution accompanied by various historical accounts of why certain pieces were written the way they were, legal battles that have occurred over the years as they relate to various sections, and other commentary about the political world. While many touchy topics were covered in the book, including abortion, gay rights, slavery, and foreign policy, Monk makes a concerted effort to remain neutral and simply report what has happened in various court cases. This was appreciated, and necessary for a book on the Constitution, as I've read books that are so obviously biased without apology that I can't read them because they simply feel like propaganda.
One of the main reasons I get so annoyed with politics is because so much of it is just propaganda, but they call it "spin". I've been slowly reading up on the candidates for this year's election, and I'm annoyed by how no one will say anything specific for fear of alienating voters. The only candidate I've seen so far that has talked straight about what he supports, what he opposes, and what he plans to do is Ron Paul, for which I give him much credit. I think the fact that he is a straight shooter is partly why no one has heard of him, from what I can tell he hasn't sold his soul to big businesses, and therefore the media doesn't acknowledge him. I'm not saying I support Paul (I haven't made a decision on that yet), but he has earned my respect for not being afraid to say what he really thinks.
Another point about the Constitution I found intriguing was how much more needlessly verbose the Amendments became as time went on. Many words were spent on defining little details about things, rather than saying what they meant have leaving it to the courts to apply it. I was humored, as I was in high school, by the fact that the later amendments all have a section dedicated to proclaiming Congress's power to enforce the amendment. Isn't that the reason they get to pass it in the first place?
I'll bunch my next set of thoughts in with my reactions to the journal article my dad sent me.
Let's take a look at some of the wording used in the Constitution and its amendments:
The Preamble begins with "We the people" while it has been decided by the courts that the preamble itself has no legal power, this phrase has been hoisted by many groups to obtain a voice in the government: The Civil-Rights movement, Women's Suffrage, slaves, and 18 year old draftees. From my understanding the use of the words "person" and "people" was done carefully in a number of places to prevent the government from restricting the application of the words if instead it had read "citizen(s)". So let's look at a few other places where we find the words "person" and "people":
In Article 1 Section 2 the term "people" is used to determine representation in the government (originally with exceptions for Indians and slaves).
Amendment 1 uses the term "people" to describe those who the government will not strip of the written rights. For comparison Article 4 Section 2 explicitly says "citizens" rather than "persons". "Citizen" is used in Article 3 to describe federal jurisdiction in cases between citizens and states. Article 2 uses "citizen" to describe the requirements for becoming President or Vice President. The use of "person(s)" and "people" is done quite deliberately, and is done in Amendments 1, 2, 4, 5, 9, 10, and 14. Amendments specifically restricting their applicability to "citizens" include 11, 14, 15, 19, 24, and 26. Most of these amendments deal specifically with voting, a right reserved for citizens. The other amendments in the Bill of Rights either don't specify or are written in a manner which makes specification unnecessary. For instance, Amendment 3 refers to the "consent of the Owner", which to me means that it doesn't matter if they are a citizen or not, so long as they own the property.
So where am I going with all this "person(s)", "people", "citizen(s)" stuff? Well, after that last paragraph I think one would have to concede that those amendments using "person(s)" and "people" were meant to apply to everyone, no ifs, ands, or buts. The journal article "National Security and the Constitution: A Titanic Collision", outlines three Supreme Court cases where this sentiment was upheld despite the protests of the Bush administration. The "cute" game President Bush is playing is that by holding "enemy combatants" at Guantanamo Bay they shouldn't be afforded the protections of the Constitution, and pesky little things like the right of the writ of Habeas Corpus which requires the government to give a reason for a person's detention. For some perspective, the requirement to produce a writ of Habeas Corpus allowed Joseph Smith to be freed from prison a number of times. It's not always "bad guys" and "terrorists" that the government locks up. It is this very reason that The Great Writ exists, to protect innocent people from being held in prison indefinitely. To quote Margolis,
"As of March 2007, approximately 385 detainees remained at the U.S. Naval Base [Guantanamo Bay]. Many, if not most, of these detainees have been held for years without charge and with no independent judicial review of their detention."
Some have been there for over 5 years and the government refuses to bring charges against them or even explain why they are being held. The article itself is about 40 pages long and goes into much more detail. The end result is simply this: The Supreme Court says these people must be charged or let go, the Bush administration refuses to comply. These people face life imprisonment with no legal recourse, without ever being told why they are there, without ever being allowed to speak to an attorney, without ever being tried in front of a jury. If the United States is to be anything more than a police state, if we want to continue claim superiority over the countries we conquer, these people need to be protected under the Constitution we pretend to represent. The Presidential oath states, "I will .... preserve, protect and defend the Constitution of the United States." Ignoring all other facets of Bush's failed presidency, this alone is reason enough to remove him from office: to these people, guilty or not, the Constitution has been turned into just a bunch of words that have no meaning. By President Bush's hand the orders were signed authorizing their indefinite detainment. He has failed as a defender of the Constitution, and yet he still sits in the oval office, condemning people to prison for crimes they may or may not have committed.
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