Nate SmithThe Rule of Law, Martial Law That Is.
The 109th US Congress, like a story right out of a Roman History textbook, last week crowned the President, King George. The militaristic, “commander-in-chief†has made the rule of law synonymous with Presidential fiat. The Imperial power was easily wrested once again from the hands of our “lackey Congress.†The President, with the stroke of his pen, will soon wield the “legal authority†to kidnap, torture, force confessions and fix the trials of any person he deems an “unlawful enemy combatant.†Cloaked in the legitimacy of a submissive and obedient Congress the American Republican continues to softly get legislated away.
Consider the dictatorial power handed to the President in the language of the Military Commissions Act of 2006 by throwing out previous standards in the Uniform Code of Military Justice (UCMJ):
“The authority to establish military commissions under chapter 47A of title 10, United States Code, as added by section 3(a), may not be construed to alter or limit the authority of the President under the Constitution of the United States and laws of the United States to establish military commissions for areas declared to be under martial law or in occupied territories should circumstances so require.â€
The language of the bill takes pains to point out that the UCMJ does not apply to military commissions for “unlawful enemy combatants†when it states, “Chapter 47 of this title does not, by its terms, apply to trial by military commission except as specifically provided in this chapter. The judicial construction and application of that chapter are not binding on military commissions established under this chapter.â€
The Military Commissions bill then goes on to relieve the President and Secretary of Defense from the obligation to adhere to the the 4th Amendment protection from unreasonable search and seizure, 5th Amendment, rights to due process, and protection from self-incrimination, and the 6th Amendment right to a speedy trial. It states in fact,
“(d) Inapplicability of Certain Provisions- (1) The following provisions of this title shall not apply to trial by military commission under this chapter:
(A) Section 810 (article 10 of the Uniform Code of Military Justice), relating to speedy trial, including any rule of courts-martial relating to speedy trial.
(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d) of the Uniform Code of Military Justice), relating to compulsory self-incrimination.
(C) Section 832 (article 32 of the Uniform Code of Military Justice), relating to pretrial investigation.â€
President Bush and Secretary Donald Rumsfeld now possess unilateral power to designate any person who is not a citizen an “unlawful enemy combatant.†And with that declaration comes the right of Bush or any future President to capture and detain, as long as forever, any person deems to have committed “hostilities†against the United States. Reports from Iraq and Afghanistan reveal this often amounts to US/Coalition Forces kicking in the door of a home, rounding up entire families and taking the fighting age men into custody. I like to call this plain old fashion kidnapping. Mind you these “arrests†are often based on nothing more than hearsay evidence from local people.
Furthermore there is no requirement to a speedy trial and no limits on the detention of prisoners. They will be released as soon as the American people are safe from terrorism. This means the US will be holding prisoners indefinitely in the absence of a real crime and the prosecution to prove it. I am not holding my breath, at least, not as long as Khalid Sheik Mohammed, who reportedly withstood water boarding by his American captors for a full 2 minutes. He and many more “unlawful enemy combatants†of the future will have lots of time now to improve their hold your breath underwater time thanks to the now more legitimate US torture regime. I wonder if old Rumsfeld could withstand longer than 2 minutes of his coveted water boarding technique?
Not worried about the growing threat of these dictatorial powers? Think about the bill’s definition of enemy combatant and who you know that may be eligible? It states, “The term `unlawful enemy combatant’ means–`
(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or`
(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense.
`(B) CO-BELLIGERENT- In this paragraph, the term `co-belligerent’, with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy.â€
The President and Secretary of Defense alone will decide what “hostilities†means and how it applies to the “unlawful enemy combatant†status of detainees. A plan and policy of unending war may continue for generations, without review or challenge by the courts or Congress. One individual, George W. Bush, possesses the unconstitutional powers to declare martial law, take human beings to secret prisons never to be seen again all in pursuit of his “Global War on Terror.†Are you feeling the chill down the spine? Will we leave our children and the world a legacy of American dictatorship and war?
President Bush and Secretary Rumsfeld have both made much ado about the fascist threat we face from our enemies in the so-called, “Global War on Terror.†In fact Rumsfeld compared protesters and critics of the Iraq War with Nazi sympathizers. Now does he mean IBM, Ford Motor Co., McDonnell-Douglas and other Americans who never saw a war profit they didn’t like, even from Hitler? Perhaps Bush and Rumsfeld should actually read the telling words of Benito Mussolini’s essay, The Doctrine of Fascism.
“Above all, Fascism . . . believes neither in the possibility nor in the utility of perpetual peace. It thus repudiates the doctrine of Pacifism.†Hmmm? Does that sound more like Rocky Anderson and Iraq War protesters or Bush, Rummy and Republi-Co.? Mussolini goes on, “War alone brings up to their highest tension all human energies and puts the stamp of nobility upon the peoples who have the courage to meet it. All other trials are substitutes, which never really put a man in front of himself in the alternative of life and death.†Ahhh yes, the glory of war, it doesn’t get any better for the Mussolini’s and Bush’s of the world. The fantasy of a heroes war that President Bush often imagines in his speeches was shared by Mussolini too.
A question remains, when and where will the next state of martial law be declared? New Orleans, New York? Just how and why will “circumstances require†the next military occupation? Iranian Nuke scare, Syrian support to Hezbollah? As the Military Commissions Act of 2006 becomes a formal part of US policy, I wonder who the “unlawful enemy combatants†of the not so distant future might be? Lawful immigrants, Muslim men? The voting record of Congress is shameful in turning Constitutional powers over to the President for the last 5 years. The vote on the Military Commissions Act of 2006 was no exception. Below is the recorded vote for the House and Senate in favor of the bill. Democrats are in italics.
House of Representatives
Aderholt Akin Alexander Andrews Bachus Baker Barrett (SC) Barrow
Barton (TX) Bass Bean Beauprez Biggert Bilbray Bilirakis Bishop (GA)
Bishop (UT) Blackburn Blunt Boehlert Boehner Bonilla Bonner Bono Boozman Boren Boswell Boustany Boyd Bradley (NH) Brady (TX) Brown (OH) Brown(SC) Brown-Waite, Ginny Burton (IN) Buyer Calvert Camp (MI) Campbell (CA) Cannon Cantor Capito Carter Chabot Chandler Chocola Coble Cole (OK) Conaway Cramer Crenshaw Cubin Cuellar Culberson Davis (AL) Davis (KY) Davis (TN) Davis, Jo Ann Davis, Tom Deal (GA) Dent Diaz-Balart, L. Diaz-Balart, M. Doolittle Drake Dreier Duncan Edwards Ehlers Emerson English (PA) Etheridge Everett Feeney Ferguson Fitzpatrick (PA) Flake Forbes Ford Fortenberry Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Gibbons Gillmor Gingrey Gohmert Goode Goodlatte Gordon Granger Graves Green (WI) Gutknecht Hall Harris Hart Hastings (WA) Hayes Hayworth Hefley Hensarling Herger Herseth Higgins Hobson Hoekstra Holden Hostettler Hulshof Hunter Hyde Inglis (SC) Issa Istook Jenkins Jindal Johnson (CT) Johnson (IL) Johnson, Sam Keller Kelly Kennedy (MN) King (IA) King (NY) Kingston Kirk Kline Knollenberg Kolbe Kuhl (NY) LaHood Latham Lewis (CA) Lewis (KY) Linder LoBiondo Lucas Lungren, Daniel E. Mack Manzullo Marchant Marshall Matheson McCaul (TX) McCotter McCrery McHenry McHugh McIntyre McKeon McMorris Rodgers Mica Miller (FL) Miller (MI) Miller, Gary Moore (KS) Murphy Musgrave Myrick Neugebauer Northup Norwood Nunes Nussle Osborne Otter Oxley Pearce Pence Peterson (MN) Peterson (PA) Petri Pickering Pitts Platts Poe Pombo Pomeroy Porter Price (GA) Pryce (OH) Putnam Radanovich Ramstad Regula Rehberg Reichert Renzi Reynolds Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Ross Royce Ryan (WI) Ryun (KS) Salazar Saxton Schmidt Schwarz (MI) Scott (GA) Sensenbrenner Sessions Shadegg Shaw Shays Sherwood Shimkus Shuster Simmons Simpson Smith (NJ) Smith (TX) Sodrel Souder Spratt Stearns Sullivan Sweeney Tancredo Tanner Taylor (MS) Taylor (NC) Terry Thomas Thornberry Tiahrt Tiberi Turner Upton Walden(OR) Walsh Wamp Weldon (FL) Weldon (PA) Weller Westmoreland Whitfield Wicker Wilson (NM) Wolf Young (AK) Young (FL)
U.S. Senate
Alexander (R-TN) Allard (R-CO) Allen (R-VA) Bennett (R-UT) Bond (R-MO) Brownback (R-KS) Bunning (R-KY) Burns (R-MT) Burr (R-NC) Carper (D-DE) Chambliss (R-GA) Coburn (R-OK) Cochran (R-MS) Coleman (R-MN)
Collins (R-ME) Cornyn (R-TX) Craig (R-ID) Crapo (R-ID) DeMint (R-SC) DeWine (R-OH) Dole (R-NC) Domenici (R-NM) Ensign (R-NV) Enzi (R-WY) Frist (R-TN) Graham (R-SC) Grassley (R-IA) Gregg (R-NH) Hagel (R-NE) Hatch (R-UT)
Hutchison (R-TX) Inhofe (R-OK) Isakson (R-GA) Johnson (D-SD) Kyl (R-AZ) Landrieu (D-LA) Lautenberg (D-NJ) Lieberman (D-CT) Lott (R-MS) Lugar (R-IN) Martinez (R-FL) McCain (R-AZ) McConnell (R-KY) Menendez (D-NJ)
Murkowski (R-AK) Nelson (D-FL) Nelson (D-NE) Pryor (D-AR) Roberts (R-KS) Rockefeller (D-WV) Salazar (D-CO) Santorum (R-PA) Sessions (R-AL)
Shelby (R-AL) Smith (R-OR) Specter (R-PA) Stabenow (D-MI) Stevens (R-AK) Sununu (R-NH) Talent (R-MO) Thomas (R-WY) Thune (R-SD) Vitter (R-LA) Voinovich (R-OH) Warner (R-VA)
October 2nd, 2006 at 6:56 am
Why isn’t Mathesons’ name highlited?
October 2nd, 2006 at 8:44 am
Wow — look at all the Democrats that voted for King George’s despotic legislation. Still think I should vote for Matheson over a 3rd party? I think this highlights perfectly why voting 3rd party or independent is NOT voting for the Republican, it’s voting against bad candidates, be they Dem or Repub. A vote for Matheson is a show of support for legislation like this. If Matheson is always safe in getting the lesser of evil votes, what motivation is there for him to change the way he acts in congress?
I’m perfectly willing to vote for good Democrats — the ones that believe in peace and justice, equality and rights for all people, and of course the well being of the planet. That’s why I’ve supported Rocky and Dennis Kucinich among select others– but apparently those that stand firm in the ideal sof peace, justice, equality and rights for all people are considered far too radical left for much of the Democratic party. What is so radical about those concepts?
October 2nd, 2006 at 9:43 am
Anybody can be arrested as an enemy combatant. Using the USA PATRIOT Act, the FBI entrapped a Staten Island satellite TV salesman because he offered a package that included Al Manar, the Hezbollah TV channel.
October 2nd, 2006 at 10:16 am
Uh… It’s a dictatorship? Jus’ maybe? …and a bi-partisan one at that.
What does bush have on democrats? Why are they so cowardly?
Perhaps they have their own multi-oriented perverts in office soliciting the nubiles from their seats of office, or orifice, like the reps. foley.
It is beyond belief by now, I believe the military will eventually have to get involved to remove the criminality that has latched onto our Liberties like gonorrhea. it is pretty clear the cilivians of either party do not have the stomach for it. Something like just happened in Thailand. There was no violence.
Would you complain if the military backstop option came into play? There are many Sworn militaryofficers that know that the administration has commited treason. They have a job to do under the Constitution they are SWORN to. All we have to do is let them know as a majoraty. Don’t pander to civilian power anymore, it is past that.
Anyone willing to engage in the active perversity we have all born witness to, as a means of keeping us more “secure”… is truly mad.
Nah, it can’t be true…this after all is America.
October 2nd, 2006 at 10:20 am
Uh… It’s a dictatorship? Jus’ maybe? …and a bi-partisan one at that.
What does bush have on democrats? Why are they so cowardly?
Perhaps they have their own multi-oriented perverts in office soliciting the nubiles from their seats of office, or orifice, like the reps. foley.
It is beyond belief by now, I believe the military will eventually have to get involved to remove the criminality that has latched onto our Liberties like gonorrhea. It is pretty clear the civilians of either party do not have the stomach for it. Something like just happened in Thailand. There was no violence. The military there will ward the Nation until the civilians get a hold of their collective senses.
Would you complain if the military backstop option came into play? There are many Sworn militaryofficers that know that the administration has commited treason. They have a job to do under the Constitution they are SWORN to. All we have to do is let them know as a majoraty. Don’t pander to civilian power anymore, it is past that.
Anyone willing to engage in the active perversity we have all born witness to, as a means of keeping us more “secureâ€â€¦ is truly mad.
Nah, it can’t be true…this after all is America.
Leave a Reply
October 2nd, 2006 at 12:13 pm
Military officers swear to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” But Article II of the Constitution places the President in charge of the military. No one knows what to do if the President subverts the Constitution.
October 2nd, 2006 at 12:32 pm
Cassandra,
Yes I would likely complain, loudly, at the prospect of a military coup whether in the United States or Thailand. The problem with the military backstop option, for me comes after the civilian authorities are deposed. What then? I fear my nation and its people are frightenly prone to blindly give themselves to authority and brute power. The American people may be likely to wholeheardetly embrace a military command in place of another alternative.
“Another alternative” for me looks something like this. 1. Congressional or other constitutional hearings (by state referendum etc), fact finding, discovery resulting in charges of Impeachment against President George W. Bush, Vice President Dick Cheney, Secretary of Defense, Donald Rumsfeld for war crimes (war of aggression), crimes against humanity, lying to Congress, fraud etc.
2. A full trial in the Senate or other constitutional body (state legislatures, federal court etc.) to get a verdict on the above mentioned charges.
3. Forced removal from office of George W. Bush, Richard Cheney and Donald Rumsfeld (possibly may implicate others).
4. Presidential duties temporarily devolve to the Speaker of the House of Representatives until such time that Presidential elections may be organized and scheduled. (And hopefully a new Speaker in charge of the House- Dennis Hastert may be worse than Bush).
5. Referral by the Senate or the people collectively through their state legislatures to the International Criminal Court in the Hague for trial on war crimes, violation of Geneva Conventions and treaty obligations for Bush, Cheney, Rumsfeld et al.
6. Last, the people should press for a Constititional Amendment that clarifies the Declaration of War clause as follows:
“The Congress alone possesses the powers to declare war and authorize the use of force against enemies, foriegn and domestic. The President shall obtain approval from the Congress prior to ordering the use of military force and shall be required to specifically identify the entity or entities that are a party to the conflict.”
That is my solution to this nightmare.
October 2nd, 2006 at 1:35 pm
Jenni, I humbly accept your point. Peace and Best C.E.
October 2nd, 2006 at 1:35 pm
Sab, now THERE is a reasonable Constitutional Amendment
October 2nd, 2006 at 1:36 pm
Dear Richard, YW;
“No one knows what to do if the President subverts the Constitution. ”
Nuff said, this is incredible…., if you can prove it, IT’S TREASON and the Commander in Chief is INSTANT TOAST!! Cheney would be the next slice.
If we do not insist on our Rights in the face of tyranny then slaves we will be, worse our kids, and everyone else that has to deal with the business end of America as it now stands. You are not inspiring confidence.
WE KNOW EXACTLY WHAT TO DO…WHAT MUST BE DONE!!! Preservation of Constituional Rights to the People is in fact what the Governement EXISTS for as it was founded.
Dear Sabca; We would only hope that spineless would do their JOB!!
You are assuming that democrats that have shown their true colors(in my opinion) are somehow going to deal with this administrations’ criminality. I do not have this faith. If it has not happened by now, that our civil officers have not acted on the crimes of the administration what are you hoping for the Tooth Fairy? No disrespect intended, but the hour is beyond late, and every day that goes by with the complicity of elected officers is another day deeper into the pit, and ergo a longer more tortuous journey out of it.
It is entirely clear that by the Constitution, and the de-facto reality of the War of Independence, that leaders loyal to the crown, or in our current case, to themselves, at the expense of their Sworn Oaths are CRIMINALS, and if the civilians are not capable of removing such CRIMINALS from their clear dereliction of Duty, then it it falls to SWORN military officers to preserve the Republic.
This would be EXACTLY what Washington DID, and how he conducted himself visa vis the illegitimate ruler of the Colonies, King George of England.
I have to date, ABSOLUTELY NO FAITH in democrats coming together to eradicate the SCOURGE that is upon us.
Like I said earlier, if it it is not seriously in the works by now, what makes anyone think that the people that run bush and co. will allow it, after what they have perpretrated so far?
This Country was born in Blood. It stands to reason that in the case of a limp wristed do nothing congress that has “abdicated”, …to preserve the Republic and its INALIENABLE RIGHTS,… forces the hands of LOYAL PATRIOTIC Military people to ACT on their SWORN OATHS TO PROTECT THE CONSTITUTION… from all enemies FOREIGN AND DOMESTIC!!!
If you Sabca are afraid of this, as I too am, due to the implied risk of having the military deal with this mans actions, then the democratic party better get off of its ass and do something. If it cannot what else will preserve the Republic? What if we do it and he still doesn’t leave? WHAT THEN? Prepare to support your real military officers, the ONES that STAND!!!
Be very AFRAID!! Wavesoffear.com
October 2nd, 2006 at 3:17 pm
Sabca; YW…”.The problem with the military backstop option, for me comes after the civilian authorities are deposed. What then? I fear my nation and its people are frightenly prone to blindly give themselves to authority and brute power. The American people may be likely to wholeheardetly embrace a military command in place of another alternative”.
YE OF LITTLE FAITH! When the military doesn’t rectify the problem nor relinquish power, upon civilians getting it together, WELL THEN….This is the cause for MILITIA, it is the why of the MILITIA existing, and the subsequent right to Bear Arms, no matter WHAT THEY(the arms) ARE!!!
I would entreat you all to not ABDICATE your RIGHT OF CITIZENSHIP, that calls you to arms against government gone to seed, propagating its ill child of tyranny against US…. WE THE PEOPLE!!!!!
If you fear, then you can’t play…
BEAR THE STANDARD OF TRUE FREEDOM!!!! WE ‘AINT SKEERED!!
“we have nothing to fear, but fear itself”.
FDR, a handicapped American with a SPINE!!!!! What’s YOUR major malfunction?
Consider the Iraqis’ that fight with less, and have no time to WHINE!
October 3rd, 2006 at 3:30 pm
Cassandra,
Thanks for you responses on this post. I appreciate the feedback. And yes, in a total break down of civil society I would very much favor militia over a standing army and officer core to depose the President. Your warning is very dire and with good reason. The unfortunate part is that the US militia system was unconstitutionally broken down and taken over by the Federal Govt. following the last TOTAL break down in our civil society, that is, the Civil War.
If necessary, the People and their local leaders could organize militia but while it is a good way for simple defense against attack, it is not very good at coordinating a military campaign with a political objective attached to it.
So I will reveal to you that, as I see it, an army of working people is really what is needed here. In fact, we already are an army of working people that doesn’t know it. Our weapons are not assualt rifles, machine guns, grenades, cluster bombs and tanks. Our weapons are our minds, our hands, our feet. Without us none of this war, torture, oppression is possible. WE MAKE IT POSSIBLE. All we have to do is stop, together. That is it, and that is all. For 1 full month, the month of November, all working people, the longshoremen who ship war material, the engineers, designers, QC testers, production line workers in the Defense Industiries, the transportation workers, pilots, truck drivers. The Congressional staffers, secretaries, speechwriters. The oil workers, refining product from Riyadh to Alaska. All of us just need to put our hands in our pockets and go study a blade of grass. And the great and powerful men and institutions will crumble before us. They will be forced to negotiate because they are truly POWERLESS.
So with that, I will leave you with the words of a true American Hero. Actually an immigrant, from Sweden, who was a filthy, dangerous immigrant in his day.
“IF WE WORKERS TAKE A NOTION,
WE CAN STOP ALL SPEEDING TRAINS.
ALL THE SHIPS UPON THE OCEAN,
WE CAN TIE WITH MIGHTY CHAINS
EVERY WHEEL IN THE CREATION,
EVERY MINE AND EVERY MILL
FLEETS AND ARMIES OF ALL NATIONS
WILL AT OUR COMMAND STAND STILL!”
October 3rd, 2006 at 4:18 pm
Agreed, a militia need not be simply military, but it must, even in peace, be militant. Jealously guard our liberties. The militia is anything we want it to be as long as it compels leadership to act lawfully under the Constitution. We need to resist in every way, for now I am content with not buying anything but necessities. We will break them(the evildoers).
I do not warn of military figures, we should be happy, because for certain, these military men do exist. We ostensibly have them swear the Oath to defend and uphold the Constitution for a reason. That would be, tyranny hates virtue. If they stand and say enough in time, we must support them.
Preaching to the choir Sabca, I have promoted General Strike as a peaceable means of solving this (our) problem, but Americans sadly appear to have deficient SOLIDARITY. Football, and church, and ho hos.
Just think, stock on food and wine,etc., double the pay of medical and emergency services, child services, educators, and of course garbagemen/linepeople, and inflict some serious economic damage on those elements to continue to defy our will, and appear to be willing to enslave the World…all the while taking a 30 day well deserved holiday. I’m in.
Oh yeah and triple pay for the sewer workers. Here we are 350 billion into killing and spending in Iraq, that could have been one awesome party.
tap tap tap, we’re waiting…..
October 3rd, 2006 at 5:09 pm
Sabcatsyndicate, and cassandra, a very interesting discussion indeed. And who is/was this Swedish poet? btw Thanks.
October 3rd, 2006 at 6:00 pm
Caveat Emptor
see this link
http://historytogo.utah.gov/utah_chapters/statehood_and_the_progressive_era/joehillandtheiww.html
and this one:
http://www.iww.org/en/node/2033