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Politics
... con't...
By locating the Democrats quickly with the technology put in place for tracking terrorists, the Republicans were able to succeed in focusing public pressure on the weakest of the Senators and forced passage of their new political redistricting plan. Now, thanks in part to the efforts of three different federal agencies, Bush and DeLay are celebrating the gain of up to seven new Republican congressional seats in the next Congress.
The White House timing for its big push for a vote in Congress on going to war with Iraqalso happened to coincide exactly with the start of the fall election campaign in September a year ago. The President's chief of staff said the timing was chosen because "from a marketing point of view, you don't introduce new products in August."
White House political advisor Karl Rove advised Republican candidates that their best political strategy was to "run on the war". And as soon as the troops began to mobilize, the Republican National Committee distributed yard signs throughout Americasaying, "I support President Bush and the troops" – as if they were one and the same.
This persistent effort to politicize the war in Iraqand the war against terrorism for partisan advantage is obviously harmful to the prospects for bipartisan support of the nation's security policies. By sharp contrast, consider the different approach that was taken by Prime Minister Winston Churchill during the terrible days of October 1943 when in the midst of World War II, he faced a controversy with the potential to divide his bipartisan coalition. He said, "What holds us together is the prosecution of the war. No…man has been asked to give up his convictions. That would be indecent and improper. We are held together by something outside, which rivets our attention. The principle that we work on is, 'Everything for the war, whether controversial or not, and nothing controversial that is not bona fide for the war.' That is our position. We must also be careful that a pretext is not made of war needs to introduce far-reaching social or political changes by a side wind."
Yet that is exactly what the Bush Administration is attempting to do -- to use the war against terrorism for partisan advantage and to introduce far reaching controversial changes in social policy by a "side wind," in an effort to consolidate its political power.
It is an approach that is deeply antithetical to the American spirit. Respect for our President is important. But so is respect for our people. Our founders knew -- and our history has proven -- that freedom is best guaranteed by a separation of powers into co-equal branches of government within a system of checks and balances – to prevent the unhealthy concentration of too much power in the hands of any one person or group.
Our framers were also 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 Americahas 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."
So what should be done? Well, to begin with, our country ought to find a way to immediately stop its policy of indefinitely detaining American citizens without charges and without a judicial determination that their detention is proper.
Such a course of conduct is incompatible with American traditions and values, with sacred principles of due process of law and separation of powers.
It is no accident that our Constitution requires in criminal prosecutions a "speedy and public trial." The principles of liberty and the accountability of government, at the heart of what makes Americaunique, require no less. The Bush Administration's treatment of American citizens it calls "enemy combatants" is nothing short of un-American.
Second, foreign citizens held in Guantanamo should be given hearings to determine their status provided for under Article V of the Geneva Convention, a hearing that the United Stateshas given those captured in every war until this one, including Vietnamand the Gulf War.
If we don't provide this, how can we expect American soldiers captured overseas to be treated with equal respect? We owe this to our sons and daughters who fight to defend freedom in Iraq, in Afghanistanand elsewhere in the world.
Third, the President should seek congressional authorization for the military commissions he says he intends to use instead of civilian courts to try some of those who are charged with violating the laws of war. Military commissions are exceptional in American law and they present unique dangers. The prosecutor and the judge both work for the same man, the President of the United States. Such commissions may be appropriate in time of war, but they must be authorized by Congress, as they were in World War II, and Congress must delineate the scope of their authority. Review of their decisions must be available in a civilian court, at least the Supreme Court, as it was in World War II.
Next, our nation's greatness is measured by how we treat those who are the most vulnerable. Noncitizens who the government seeks to detain should be entitled to some basic rights. The administration must stop abusing the material witness statute. That statute was designed to hold witnesses briefly before they are called to testify before a grand jury. It has been misused by this administration as a pretext for indefinite detention without charge. That is simply not right.
Finally, I have studied the Patriot Act and have found that along with its many excesses, it contains a few needed changes in the law. And it is certainly true that many of the worst abuses of due process and civil liberties that are now occurring are taking place under the color of laws and executive orders other than the Patriot Act.
Nevertheless, I believe the Patriot Act has turned out to be, on balance, a terrible mistake, and that it became a kind of Tonkin Gulf Resolution conferring Congress' blessing for this President's assault on civil liberties. Therefore, I believe strongly that the few good features of this law should be passed again in a new, smaller law -- but that the Patriot Act must be repealed.
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.
Download a PDF of Al Gore's entire speech
Back to Part I
Copyright or Used by Permission, ©2006 ChewinTheFat.com
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