Sunday, May 24, 2009

The United States of Identity Crisis

Soundtrack: "Superunknown" by Soundgarden

I typically stay away from politics on this blog.  But the current state of our nation's political climate has me all riled up and I feel like it's time to say something about that.  So pull up a chair, it's story time with Uncle Toph.  

Once upon a time a nation, recognized as being the strongest nation of all of the nations at that time, elected a new leader.  This president was elected under the pretense of hope and change, the change being from the past administration's power-hungry ways.  This nation had been founded on certain principles and ideals, outlined in two documents known as the Constitution and Bill of Rights.  These documents provided a solid foundation and framework for how the nation was to operate.  But for many years the leaders and lawmakers of this nation had been abusing and even ignoring these guidelines.  The new president made a lot of promises to the people, and although none of them were related to these sacred documents, nobody cared.  He was someone new.

Things have changed, but not necessarily for the better.  The president is of course Barack Obama, and the change he has brought has not been the kind of change this nation needs.

I present to you the seventh and eight articles of the Bill of Rights, also known as Amendment V and VI respectively:

Article the seventh [Amendment V]

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.

Article the eighth [Amendment VI]

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.

Now let's talk about why I have the Fifth and Sixth amendments posted up on this here blog.  Amendment V declares the right to due process in a trial.  Amendment VI declares the right to a speedy public trial.  Both of these amendments relate to the proposed introduction of indefinite detention without trial.

What is indefinite detention?  It would establish a legal basis for the United States to incarcerate terrorism suspects who are deemed a threat to national security but cannot be tried.  It an attempt to keep the terrorists off the street, so to speak.  It's being hailed as a matter of national security, but it brings up an interesting conundrum.  These people are assumed terrorists and the evidence against them is completely circumstantial, yet grave enough that the authorities feel that they are a threat to the American people.  But does that supercede the principles upon which our nation was founded?  If we are to say that we are indeed the greatest nation, a nation built on our constitution, then we owe it to ourselves and the world around us to adhere to the framework that has been put in place.  And that means that the people who are unable to be tried fairly have to be released.

I don't like that personally.  I'd like to see the terrorists go away, but we are talking about the law.  This proposed indefinite detention is another step towards creating a precedence of acceptance of violations of the Constitution.  I would argue that the acceptance of the Constitutions "obsolescence" has been happening gradually for many years.  We as a nation keep electing leaders who abuse the law, ignore the law, even change the law for their own purposes.  When are we as a nation going to grow a pair, step up, and stand up for the rights given to us under the Constitution?  It starts with the terrorists, and we're OK with that.  Then indefinite detention will be proposed for extreme capital cases, and then less extreme cases, until all of a sudden whoops, no more Amendment V and VI.  Is that acceptable to you?  It isn't to me.  I don't want to hear arguments about "greater good" or "sacrificing things for justice", such arguments are sad cop-outs.

Stand up, America.  Grow a fucking pair of testicles and fight for what is right.

1 comment:

vitC said...

all of which drives me nuts, because he studied constitutional law!!