This short article by Owen Fiss, crystallizes in clear, unequivocal prose, the damage to our constitutional system that a program of indefinite detention without trial for terrorism suspects would cause. I hope you'll take the time to read it.
I used to teach political philosophy. The most fundamental issue in political philosophy is power - who may legitimately exercise coercive power over others, and under what conditions? What renders the exercise of coercive power against the unwilling legitimate?
Our answer, courtesy of John Locke, has always been, "the consent of the governed." The constitution, and in particular, the Bill of Rights, including Amendments 13, 14, and 15, is a statement of the terms of our consent. It is the agreement, and more importantly, the moral commitment, that our founders, and all subsequent Americans, have made with each other to limit the power of our government to act against any person in the world. Adherence to the constitution's limitations is a necessary condition of the legitimacy of our government. Period!
We must not forget this most basic fact because we are afraid, or because cynical political opponents will accuse us of "endangering the homeland," if we don't abandon the constitution. We must remember that "America" is only worth dying for to the extent that we remain committed to the basic ideals of Due Process, Equal Protection, and Liberty and Justice for all.
Abandon these ideals and you've abandoned America.
Joe H.
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9 years ago
2 comments:
dude. you gotta link your blog to facebook or my space or something. more people should have access to your random mussings.
You're very kind. My grasp of technology is not very good. I can work a cell phone and do email. Ar set up this blog. I otherwise rely on Jon for all my technological needs.
Maybe not a good strategy, but I'm too busy now to change it. You should have told me how demanding practicing law can be!
Joe
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