Summary: It’s not too soon to begin preparations for your Memorial Day celebrations. I suggest starting with a public reading of the documents (suitably redacted) which create a New America on the ruins of the Republic. Let’s remember the Republic that our fallen fought for — and how we we threw it away. I can imagine no better way to honor their sacrifices than by taking the first steps to rebuild America. {1st of 2 posts today.}
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury … nor be deprived of life, liberty, or property, without due process of law…
— Fifth Amendment to the Constitution of the United State (1788 — ????),
On 16 July 2010 the DoJ’s Office of Legal Counsel (OLC) provided Attorney General Eric Holder with the “Memorandum for the Attorney General Re: Applicability of Federal Criminal Laws and the Constitution to Contemplated Lethal Operations Against Shaykh Anwar al-Aulaqi” (see the document’s history on page 40, and the document itself starting on page 67; dating it 12 days earlier would have been quite apt).
Originally classified secret, last year a Federal Judge ordered release of this heavily redacted version in response to litigation over a Freedom of Information Act request by the ACLU and the New York Times. It’s a historic document, declaring that the Constitution requires “due process” that can be provided by action of the Executive branch alone, without judicial review or action — for actions up to and including execution of citizens
It, along with the OLC’s 2002 memorandum declaring that torture is legal, are among the great documents creating a the New America on the ruins of the Second Republic (built on the Constitution). It’s fitting that the Second Republic was created in daylight — public debate followed with votes by elected representatives — while government attorneys issue in secret the documents creating its replacement. It’s fitting that both parties drive this process, the first issued under Bush Jr and the second under Obama. Bipartisanship!
James P. Stevenson at AntiWar eviscerates the OLC’s reasoning in his brief clear “Protecting American Citizens From Drones“. But this analysis, like other such rebuttals, is irrelevant. Once government officials can at on legalese stating that the plain language of the Constitution no longer applies, then the Constitution is finished. No legal rebuttals can save it.
Limiting the Monarchs’ right of arbitrary arrest and punishment of their subjects took 450 years, from the first tentative agreement in Magna Carta (1215) to its achievement in the English Civil War (1641-1662). Now we allow government officials to easily erase these liberties so painfully gained over centuries, granting themselves powers not seen in Anglo-American history since the Stuart Kings.
These men created the precedent that an attorney can write a word salad repealing core provisions of the Constitution — and the President can act upon it. That this occurs in secret is just grease on these wheels. Neither the Courts nor Congress nor the public rebelled at news of these documents.
Nobody has been punished. Bush and his attorney generals are distinguished statesmen. The author of the torture memos, John Yoo, is a professor of law at Berkeley. His boss, Jay Bybee, sits as judge on Ninth Circuit Court of Appeals.
Former Attorney General Holder gave the 2012 commencement speech to graduates of Harvard Law, urging them to “Put your skills to use to define our future’ — since there still many parts of the Constitution yet to be shredded. If they pelted him with fruit it would have shown that some spirit of liberty still lived in America, and that some students at Harvard Law understood the system which they should serve. Rather their applause showed awareness of our new legal regime, and the rewards for the pioneers who aid it.
Previous generations of Americans fought — and many died — for the rights we allow the government to take away. I can imagine no greater betrayal of our debt to them and our obligation to our children. We can point to those responsible, but when doing so more fingers point back to us.
America can change only by the decisions of individuals — such as you. Link up with others to do what you believe should be done. See the posts at Reforming America: steps to new politics for ideas about tactics and strategy. The political machinery the Founders built for us remains idle yet potentially powerful. On Memorial Day make your own beginning.
For More Information
If you liked this post, like us on Facebook and follow us on Twitter. See the links at the pages About the quiet coup in America and Reforming America: steps to new politics. Also see these other posts:
- “The Great Charter, Its Fate, and Ours” by Noam Chomsky,.
- Obama repeals Magna Carta, asserting powers our forefathers denied to Kings.
- We are alone in the defense of the Republic — Attorneys, doctors, judges, and their professional societies. None will help.
