Power Über Alles
by
Paul Craig Roberts
by Paul Craig Roberts
Perfidy loves
company. George W. Bush instructed his British puppet, Prime Minister
Tony Blair, to get moving on the detention issue so that he, Bush,
would have company when he attacked the Constitution’s guarantee
of habeas corpus.
Habeas corpus
prevents authorities from detaining a person indefinitely without
charges; the guarantee of habeas corpus ensures that no one can
imprison you without a trial.
The Bush administration
wants the power to detain indefinitely anyone it declares to be
an enemy combatant or a terrorist without presenting the detainee
in court with charges. In England the power to arrest
people and to hold them indefinitely without charges was taken away
from kings centuries ago. Bush apparently thinks he is the
reincarnation of an absolute monarch.
The puppet
Blair set to work. He soon discovered that at most he could
try to pass a law that permitted the British government to hold
a detainee for 90 days, a far cry from Bush’s desire for indefinite
detention. Blair took what he called his "anti-terror"
legislation to Parliament and was handed his first-ever defeat as
Prime Minister.
The British
Parliament knew enough history to realize that Blair’s "anti-terror"
legislation was in fact the opposite. Parliamentarians perceived
Blair’s proposal as a police state trick that could be used by an
unscrupulous government to terrorize Her Majesty’s subjects by the
use of imprisonment without charges. The British Parliament refused
to put up with such injustice. Eleven of Blair’s former cabinet
ministers joined in voting down the legislation.
That happened
on Wednesday November 9.
On Thursday
November 10, the Republican-controlled US Senate voted 49 to
42 to overturn the US Supreme Court’s 2004 ruling that permits
Guantanamo detainees to challenge their detentions. How dare
the US Supreme Court defend the US Constitution and the civil liberties
of Americans when we have terrorists to fight, argued the Republican
senators. What are civil liberties, the Republicans asked
rhetorically, but legal tricks that allow criminals and terrorists
to escape.
The Labour
Partydominated British Parliament will not allow 90 days detention
without charges, but the Republican-controlled US Congress favors
indefinite detention without charges of whomever Bush wants to detain.
Nothing more
effectively undercuts the image that Bush paints of America as the
land of freedom, liberty and democracy than the Republican Party’s
destruction of habeas corpus.
Habeas corpus
is essential to political opposition and the rise and maintenance
of democracy. Without habeas corpus, a government can simply
detain its opponents. Nothing is more conducive to one party rule
than the suspension of habeas corpus.
It is heartbreaking
to watch the Republican Party overthrow the very foundation of democracy
in the name of democracy. The name of Lindsey O. Graham, Republican
senator from South Carolina, the sponsor of this evil legislation,
will go down in infamy in the book of tyrants.
The next time
Bush declares that "they (Muslims) hate us for our freedom
and democracy," someone should ask him how there can be freedom
and democracy without habeas corpus.
The Bush administration
has also resurrected that second great feature of tyranny
torture. We have the right to torture say President Bush,
Vice President Cheney, and Attorney General Gonzales.
What a hypocritical
spectacle the Bush administration and the Republican Party have
made of America. They boast of "freedom and democracy"
while they destroy habeas corpus and practice torture.
Americans must
recognize the Bush administration and the Republican Party for what
they are. They are tyrants. They are bringing evil to the
world and tyranny to America.
According to
the Washington Post (Nov. 11), there are 750 detainees at
Guantanamo. These people have been held for 3 or 4 years.
If the Bush administration had any evidence against them, it would
be a simple matter to file charges.
But the Bush
administration does not have any evidence against them. Most
of the detainees are innocent travelers and Arab businessmen who
who captured by warlords and armed gangs and sold to the Americans
who offered payments for "terrorists."
The reason
so many of them have been tortured is that the Bush administration
has no evidence against them and is relying on pain and the hopelessness
of indefinite detention to induce self-incrimination. The Bush administration
is desperate to produce some "terrorists."
What has become
of the American people that they permit the despicable practices
of tyrants to be practiced in their name? The Bush administration
is in violation of the US Constitution, the rule of law, the Geneva
Convention, the Nuremberg Standard, and basic humanity. It
is a gang of criminals. The Republican Party is so terrified of
losing power that it supports a tyrannical administration that has
brought shame not just to the Republican name but to all Americans.
When a Republican
next campaigns, all he can say is "vote for me because I want
power to lock you up and torture you."
References
- Habeas
Corpus Act
Responding
to abusive detention of persons without legal authority, public
pressure on the English Parliament caused them to adopt this
act, which established a critical right that was later written
into the Constitution for the United States.
Habeas
Corpus Act
1679
An act
for the better securing the liberty of the subject, and for prevention
of imprisonments beyond the seas.
WHEREAS great
delays have been used by sheriffs, gaolers and other officers,
to whose custody, any of the King's subjects have been committed
for criminal or supposed criminal matters, in making returns of
writs of habeas corpus to them directed, by standing out an alias
and pluries habeas corpus, and sometimes more, and by other shifts
to avoid their yielding obedience to such writs, contrary to their
duty and the known laws of the land, whereby many of the King's
subjects have been and hereafter may be long detained in prison,
in such cases where by law they are bailable, to their great charges
and vexation.
- and from
wikipedia
In
English Common
Law habeas corpus is the name of several writs
which may be issued by a judge ordering a prisoner to be brought
before the court. More commonly, the name refers to a specific
writ known in full as habeas corpus ad subjiciendum, a prerogative
writ ordering that a prisoner be brought to the court so
it can be determined whether or not he is being imprisoned lawfully.
The words
habeas corpus ad subjiciendum are Latin for "You (shall) have/hold
the body to be subjected to (examination)," and are taken from
the opening words of the writ in medieval times. Other habeas
corpus writs also existed, e.g. habeas corpus ad testificandum
"You (shall) have/hold the body to bear witness," for the production
of a prisoner to give evidence in court.
The
right of habeas corpus has long been celebrated as the
most efficient safeguard of the liberty of the subject. Dicey
wrote that the Habeas Corpus Acts "declare no principle and
define no rights, but they are for practical purposes worth
a hundred constitutional articles guaranteeing individual liberty."
November
12, 2005
Dr.
Roberts [send him mail]
is
John M. Olin Fellow at the Institute for Political Economy and Research
Fellow at the Independent Institute.
He is a former associate editor of the Wall Street Journal,
former contributing editor for National Review, and a former
assistant secretary of the U.S. Treasury. He is the co-author of
The
Tyranny of Good Intentions.
Copyright
© 2005 Creators Syndicate
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