In Memorium
It's Memorial Day, when we should not only honor the men and women who have died in service to their country, but perhaps more importantly that which they were fighting for; the Constitution of the United States. The US Armed Forces Enlistment Oath reads:
Why am I so angry about this, so worked up over words? Because on this day, a day of reflection and grieving, honoring the sacrifices made, it is essential that people understand how this administration has subverted the document for which these soldiers died.
Please read the following Amendments closely; pause a moment to think how many times you've heard of actions taken by this administration that violate these principles.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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 offense 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.
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 defense.
Did Jose Padilla spring to mind? Does he have protection under Amendment V or VI? How about Zacarias Moussaoui? How about the trial of Fabio Ochoa, where Ochoa's attorneys have filed a brief stating:
Did the newly renamed "Terrorism Information Awareness" program come to mind? There's a nice review of DARPA's report to Congress over at the Electronic Frontier Foundation.
For a more eloquent and educated viewpoint, please read Elaine Cassel's Civil Liberties Watch, where each day I cultivate a seed of distrust and righteous indignation.
I, _____, do solemly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.This came to mind when I read the transcription of the Resident's speech at Arlington Cemetery. I read carefully, slowly, multiple times, and found no reference to the Constitution. There were paeans to freedom:
...today we recall that liberty is always the achievement of courage.There was another reference to liberty, and another to freedom. We get good and evil, and Holy Writ. Though, most egregious in my mind, was this:
...
And on this day, especially, our nation is grateful to the brave and fallen defenders of freedom.
All Americans and every free nation on earth can trace their liberty to the white markers of places like Arlington National Cemetery.The Constitution is the guarantor of my liberty, not the fallen.
Why am I so angry about this, so worked up over words? Because on this day, a day of reflection and grieving, honoring the sacrifices made, it is essential that people understand how this administration has subverted the document for which these soldiers died.
Please read the following Amendments closely; pause a moment to think how many times you've heard of actions taken by this administration that violate these principles.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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 offense 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.
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 defense.
Did Jose Padilla spring to mind? Does he have protection under Amendment V or VI? How about Zacarias Moussaoui? How about the trial of Fabio Ochoa, where Ochoa's attorneys have filed a brief stating:
When the two branches collaborate to perpetuate an undercover operation that is not subject to public scrutiny the public and the citizens accused will inevitably lose confidence in the independence of the judiciary.
The 'foundation of the Republic will not crack' if the federal government fails to put Fabio Ochoa in a federal prison," ... "It will shatter, however, if the American people come to believe that their judicial system cannot be trusted.
Did the newly renamed "Terrorism Information Awareness" program come to mind? There's a nice review of DARPA's report to Congress over at the Electronic Frontier Foundation.
For a more eloquent and educated viewpoint, please read Elaine Cassel's Civil Liberties Watch, where each day I cultivate a seed of distrust and righteous indignation.
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