Saturday, February 17, 2007

The Rise and Fall of the American Republic Part. 2

Habeas Corpus, just legal mumbo jumbo right? No reason to think about it, stress about its suspension, bother about translating it. You might also think there's no reason to be paranoid about the government tapping our phones, accessing our private records, right? Except that's already happened. It continues to happen .

There is no such thing as innocent until proven guilty as long as we are engaged in a war on terror. As if one can wage physcial wars on ideals. Didn't work so well for Nero, or Hitler, or Reagan. Wars tend to force people to hold on to ideals. But I'll come back to this. Right now we're talking about HC. I'll say again so that it will stick with you, "Habeas Corpus."

That short Latin phrase is the thin line that stands between us as citizens of America and the threat of crooked government judges, closed tribunals, international torture prisons; in short, HC assures us protection should our government turn authoritarian. Yes, I understand the irony there. An authoritarian government doesn't follow laws that protect its citizens, it doesn't have to, it's above the law. The scary thing is that rhetoric sounds all too familiar these days. Regardless, the fact remains, we are not yet suffering under authoritarian regime. I can still publish this blog, you can still read it, and we still have the power to do something about it. But the tide is shifting, and if we're not careful, it could take more than a bloodless revolution to regain our lost freedom. I hope it never comes to that. And it won't have to if we remember the worth of the rights we were born into, rights we are so willing to give up because we are afraid of terrorism. Yet an authoritarian America, with its military arsenal, its technology, its current neocon agenda is far more terrifying than Islamic jihad.

Again, I get ahead of myself. A little history of HC in America would be helpful. Now you may have already read the link at the top of page, but you may not. So here it is in short. Meet Abraham Lincoln, champion of slaves, stoic leader, and though I applaud him for ending slavery, must chasitse him. He was responsible, through his policies, for snagging that first thread that began to unravel this young republic. This young republic whose threads we are now responsible for weaving together into an altogether new tapestry of governing. It was the height of the Civil War, a war that though it was supposed to be about slavery, was more about control of the Southern States. That's the tricky thing about wars against ideas, they're almost never about what they're about. It was here that Lincoln first suspended HC, where he told the citezens who had elected him, that they no longer held the rights to their bodies, that in times of great crisis, the rights that we had held inalienable, were in fact, alienable.

The Supreme court declared his actions unconstitutional, but Lincoln had a nation to save; he ignored the court. At that point, the precedence was set, the balance in goverment shattered, the president, when he deemed necessary, was the governing authority.

That thin line has been broken once again by a Republican on a mission. When I first heard that Bush had suspended HC, I thought to myself, "he can't do that." But he can, and more importantly, he did. The line is broken. What do I mean when I say the line has been broken? It means that once again, we have no right to our body. They do. To put it into words that all the little internet pirates will understand, they may not own our bodies, but now, they own the rights to them.

Literally, Habeas Corpus means that we, "should have the body," that, as an accused, we have the right not to disappear into Git-mo, that we cannot be held without representation, or denied a trial by jury. What a concept. And yet, HC has become second nature to us. We don't know what it means to lose the rights to our bodies. I hope we never have to learn what it means to lose our inalienable rights. The truths, we are told, are self evident. But they have been forgotten by the people charged with remembering them; they have been cast down by the ones who have sworn to uphold them.

Though they have forgotten, let us not forget. This nation derives its identity from its people. Right now we afraid, and we have placed the power of many in the hands of
a few. They have wreaked havoc in the international community with that mandate, and they are undermining the very truths for which we came into existence as a sovreign nation. It is time to take that mandate back, to once again own the rights to our bodies, to tell our government who we are, instead of waiting to reflect the identity they spin for us.

The American public has untapped inertia. That inertia has largely been spent generating and sustaining our capitalist way of life: marketing, commerce, etc. But just as the tide is shifting in government, it is shifting in us as well. Where it shifts we decide. Unless of course, we would rather let the few decide who we are, what we believe, what we can say, who we can marry, who we can worship or not worship, what wars our nation declares, whether or not we treat our planet with respect.

So, I'm nearly off the soap box, but before I go, there are unanswered questions. Where do we go from here? Should the president, congress, anyone, have the right to suspend HC? If so, how can our rights be guaranteed? Will Bush and his neocon cronies give us our rights back like Lincoln did? If not, what do we do? What can we do? As this nation grows in population and diversity, how can we ensure the rights of the individual?

But these are questions for later date. Right now, it is important we remember that once we had the rights to our body, and now we don't. And that there remains a solution to this problem that encompasses more than just public inertia. We may be able to generate enough critical mass to overcome this suspension, that doesn't change the fact that they should never have the rights to our bodies in the first place. Amongst all the good, there is something terribly wrong in this country. We all know it. If we talk, and keep talking, and learn from our dialogue, and act on what we learn, there is hope for us yet. There is hope for this nation.

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7 Comments:

Blogger Joel said...

Great post! I'm truly flabbergasted that HC was suspended so easily, and met with so little public resistance, even to this day. I'm all for talking about it, though, and hopefully making the shift be a shift in a positive direction.

2:22 PM  
Blogger Spoony said...

I would agree that the Regan "War on Drugs" was a failure to begin with but the Cold War is a success that I will fight you on until the bitter end. I would be foolish to claim that capitolism is perminant but at the very least it did outspend and outlast the Hammer and Sickle which in turn did provide a war without a bullet being fired. Shouldn't most agree that a bulletless war is better than the other option?

4:57 PM  
Blogger drspartacuss said...

Per luke's comment -

The Cold War wasn't exactly 'bulletless'. Between 1947 and 1991 the USSR and USA engaged in dozens of proxy wars around the world by supporting opposing sides of local conflicts. And nearly 100,000 Americans died between the Korean and Vietnam wars, both of which took place on the edges of the so-called 'Cold War'.

Even if bullets never flew directly between American and Soviet troops, there are still tens of thousands of big, nuclear bullets scattered around the world that are the direct legacy of the 'bulletless' war.

I agree with Rupert. The version of America that survived the Cold War has a terrifying shadow that stretches way, way into the future.

12:14 PM  
Blogger Spoony said...

Per drspartacuss's comment -

I'm much happier living in the "terrifying shadow" with the "tens of thousands of big, nuclear bullets scattered around the world" in an unexploded state than if one or more of those bullets had been gone off, not in a proxy fight, but in a real squabble between two nuclear powers. I'll chose to live in the shadow rather than in the fallout. Regardless, can one really look back and say that the cold war ended in an unacceptable manner? I would say that us not blowing up the world is a pretty big success regardless of what is burried in our backyard.

2:58 PM  
Blogger King Rupert said...

there's no such thing as fallout when there's nothing to fall.

10:43 PM  
Anonymous Anonymous said...

Good for people to know.

5:20 PM  
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