It’s the Constitution, Stupid!

By Karoli June 18, 2008 Domestic Policy, Foreign Policy No Comments

I caught a few minutes of Dan Abrams’ broadcast on MSNBC where the heads were flapping about the differences in attitude between Barack Obama and John McCain on the recent US Supreme Court decision to restore habeas corpus to detainees held at Guantanamo. McCain even trotted out Rudy Guiliani, Mr. 9-1-1, to underscore his point.

The way they framed it was like this: “Obama would allow Bin Laden to appeal to the US Courts.”

Well, yes, provided the following circumstances existed:

  1. Bin Laden would have to be brought to the US
  2. Bin Laden would then have to be arrested in the US
  3. He would have to be charged under US law

Why? Because that’s how things work. If Bin Laden is caught in Afghanistan, he falls under international law.

Let’s just say the perfect Bin Laden storm exists and all of those conditions are met. Why would we rape the United States Constitution in the name of revenge? Of COURSE he’d have the right to appeal his case to the US civilian courts, because our Constitution says he has that right. And like it or not, John McCain is not going to be able to legislate this away.

In case anyone is interested in what Barack Obama (via surrogates and then again on the video below) really said, it’s this:

“The Supreme Court of the United States has ruled that they have those rights,” he said. “If John McCain were president, he would have to give them those rights.”

It might be worth a reminder here about what our elected officials in Washington DC (particularly the President and Vice President) swear when they are elected to office.

“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Maybe it’s more important what it doesn’t say.

It doesn’t say “preserve, protect and defend the PREFERRED PEOPLE of the United States”.

It doesn’t say “preserve, protect and defend the elected officials of the United States.”

It doesn’t say “this is open to interpretation depending upon who my enemies are today”.

The Founding Fathers understood this much: Binding the leaders of our country to uphold the fundamental principles upon which this country was founded and operates and holding them to a sworn oath to uphold the rule of law meant they could not act in their own self interest or in the interests of people, but were first and foremost to uphold the guiding principles upon which all other pillars are built.

John McCain should understand this well. It’s a pity that he’s selling out to the Republican hardliners instead of applying his knowledge and experience to interpret a clear-cut case of Constitutional Law.

This is one of the main reasons I’m such an ardent Obama supporter. Our constitution is supposed to be the guide by which our government operates, not something that they plot to subvert. Because if it is subverted, our democracy is doomed, and George W. Bush and his merry band of neocons have very nearly done exactly that.

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