Monday, May 22, 2006

Why George W. Bush's regime is Anti-American

It has even been opined that Bush deliberately exploited a flaw in the U.S. Constitution, that is, it concentrates military power in the hands of the executive. But, in the longer term, the demise of the American state will be attributed to the fact that Bush is anti-American; Bush is on the wrong side of America's very founding. He's at the other end of the scale with J.S. Mill, Thomas Jefferson and James Madison on the one end —Hegel, Hitler and Stalin on the other.

For Hegelians, the "state" is "God" —the opposite of the American ideal espoused best by Thomas Jefferson in the Declaration of Independence and James Madison in the Bill of Rights. Arguably, the American republic was but the latest development in a liberal trend that began with the English Civil War. Certainly, Oliver Cromwell dismissed Parliament in a fit of pique; certainly he arrogated unto himself the powers of an absolute dictator but stopped short of taking the title. He was, he said, a Lord Protector. Charles I was most certainly England's last absolute despot in the Hegelian sense of the word.

The U.S. Constitution is but a recent development in this liberal tradition of several hundred years. Bushism, however, flies in the face of the Magna Carta, the English Petition of Right, the Mayflower Compact, The Virginia Declaration of Rights, The Declaration of Independence, The Constitution and the Bill of Rights, The Nuremberg Principles, and every Supreme Court decision that has upheld the right of persons to be secure in their homes.

America might have taken a different road. Alexander Hamilton most certainly favored a strong central government, perhaps a monarchy. But it was the liberals who carried the day —Jefferson, Madison, Mason et al! Because of them, America embraced a different rationale for governmental power. Americans will not tolerate a reversal. Current polls indicate that America will no longer tolerate George W. Bush, a man whose very personality is increasingly disliked. Our founding is at the derivation of the world "liberal" which, significantly, is demonized by the state absolutist minority that makes up Bush's dwindling base.

For State absolutists power trickles down. The individual is not free but literally licensed by the all-powerful state. Freedom in this situation is reduced to whatever the state will allow. The American tradition is quite the opposite; it is a different paradigm. In America, the people are sovereign and, just as Jefferson described so accurately, the government derives its power from the people themselves. Freedom does not trickle down. With the ratification of the Constitution, this principle ceased to be mere theory. It is, in fact, the law! With the Constitution, the “divine rights” of rulers was consigned to the dust bin of history. And so too, should Bush's state absolutism, a mere variation on the tired old theme of absolute state power.

The U.S. Constitution is, in fact, a “contract” between the state and the people. Monarchists, totalitarians, and other state absolutists will never recognize that principle. In our Democracy, the government does not merely tolerate a certain degree of individual liberty; rather, individual liberty is the only reason governments are empowered. The protection and preservation of those rights is the sole duty and responsibility of those in power. To do otherwise, amounts to a breach of contract.

That is why Bush must be impeached. He has broken the contract.
It is a tragic testament to the failure of the American educational system that Bush's choice for CIA chief has demonstrated a shocking, abysmal ignorance of the very Fourth Amendment that would restrain him at either the NSA or the CIA! With his stubborn belligerence —even when confronted with irrefutable evidence of his wrong-headedness —Hayden betrays his contempt for this liberating tide of history that is so eloquently assessed by Simon Schama:
If the Magna Carta is not the birth certificate of Democracy, it is the death certificate of despotism. It spells out for the first time the fundamental principle that the law is not simply the whim of the king. The law is an independent power unto itself. And the King could be brought to book for violating it!"

—Simon Schama, History of Britain

The Constitution itself explicitly establishes the sovereignty of the people. But, if that were not enough to dispel notions of a "state as absolute", a Bill of Rights was insisted upon and ratified by the people. In the 1960's Justice William O. Douglas stated that the freedoms guaranteed by the Bill of Rights are absolute —beyond the power of Congress or the executive to modify or infringe in any way.

Also in the 60s, the high court expanded the protections given individuals who found themselves accused of crimes; the decisions especially affected the issue of search and seizures (Mapp v. Ohio), confessions (Miranda v. Arizona), and the right to an attorney (Gideon v. Wainwright). Later, Roe v. Wade would uphold a woman's right to privacy.

Bush by advocating doctrines associated with Nazism and Stalinism has found himself an enemy of basic individual rights, most prominently privacy and, by implication, that most basic of American rights: the right of the people to be secure in their homes and in their possessions. Bush has, therefore, found himself to be an anti-American enemy of the people, an enemy of the state.

Let's make it simple. If Bush can spy on you, in secret, without a court order, he can, likewise arrest you in secret, imprison you without charges, and, in other ways, deny you "due process of law". He could even have you executed in secret.
(1) The President is now claiming, and is aggressively exercising, the right to use any and all war powers against American citizens even within the United States, and he insists that neither Congress nor the courts can do anything to stop him or even restrict him.

—Glenn Greenwald: The NSA Fight Begins - Strategies for Moving Forward, The Huffington Post

This is simply intolerable! This scandal, if mere scandal it is, is about nothing if not about the rule of law. It's not merely about whether the President has the right to break the law; it has become about how Bush will use the power that he now claims by fait accompli; it is about whether Bush has the power to harm and even murder U.S. citizens upon his mere decree.

It's about something greater still. It is ultimately about whether or not the American system will survive George W. Bush.

A survey of some of the other blogs that have referenced, linked, or commented on this article.

Mike's Blog Round Up

The Existentialist Cowboy: If Bush can spy on you, in secret, without a court order, he can, likewise arrest you in secret, imprison you without charges, and, in other ways, deny you "due process of law". He could even have you executed in secret. Here are the Top Ten Signs of the Impending U.S. Police State.
From 4&20 blackbirds
That NSA wiretapping? Apparently they’re tracking more than just your phone records

The Bush administration has been using “state secrets privilege” to keep itself out of the courts. The administration is running amok, and here are the top ten signs of the impending police state. Heck, the administration is downright anti-American! I’m gonna say it…if you support Bush, you are not a patriot.
Also from Crooks and Liars:

Jonathan Turley on Prosecuting Journalists

Turley joined Olbermann on"Countdown" last night and was outraged that Alberto Gonzales is talking about locking up journalists. He thinks they are not just blowing smoke to scare them off and I agree.

Jonathan Turley: We now have a government that has virtually no oversight functioning against the White House. The Congress has gone into a virtual comatose state. The Fourth Estate--the journalists -- are carrying now the entirety of that check and balance. These efforts will eliminate that and it would create, in my view, a very dangerous instability at a very dangerous time, and people have got to look at this quite seriously.

So, we're left with the media to do the oversight on this administration.....(and they're being threatened with jail for doing so...)

'Toons by Dante Lee; use only with permission

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