sky phenomenon

I don’t often discuss American politics on here, because I realize the audience for that kind of discussion is limited. However, I think it’s time to discuss a couple of things which more people should be aware of if they do really care about democracy. American post 9/11 is not the democracy for which much of the world used to admire and aspire to be like. Under the guise of “homeland security”, and the threat of “terrorism”, the American government has covertly done what it can to strip American of their Constitutional rights in under the guise of protecting Americans from threats abroad. Unfortunately, the more dangerous threats can be found within the government itself.

Perhaps few of you know of the Posse Comitatus Act of 1878. Originally it was passed to ensure that Federal troops did not interfere in elections which were occurring within the former Confederate states. However, the Act more broadly ensures that the Federal government cannot use Federal troops within the United States in a law enforcement capacity (such as detaining citizens who are protesting, for example). Federal troops can only be used under the explicit authorizations of Congress or from within the Constitution. You can see how important such an Act is; it prevents such a government from using its troops to quell insurrections with a country which may in fact be directed at said government. However, now that Americans live under a constant threat of “terrorism”, this Act may not in fact be followed if the time comes. Note this blog, http://balkin.blogspot.com/2005/07/does-posse-comitatus-act-still-exist.html where is excerpted a footnote which declares that the Act does not “forbid the use of military force for the military purpose of preventing and deterring terrorism within the United States”. Under the threat of “terrorism”, the Posse Comitatus Act has essentially been ignored.

Of course, we have yet to see Federal troops descend on the American population in order to quash their individual rights. Yet yesterday we saw a law which does in fact violate the Consitution become law. The Military Commissions Act of 2006 was passed into law, however much of the American public seems oblivious as to what this law really means. Essentially, it has now given the President the authority to, on a whim, declare American citizens “enemy combatants”. Such a declaration can be made on the smallest of charges, such as providing support to what the President determines is a terrorist organization (which may seem sensible at first until you realize that “support” is a vague term which may in fact require you did very little at all). Once you are declared an “enemy combatant”, rights which were previously guaranteed you as an American citizen under the Constitution (habeas corpus, whereby you have the right to a trial by which you can defend yourself), no longer exist. Perhaps you will find yourself carted away to a secret CIA prison where various “interrogation” techniques will be performed against you. These techniques amount to torture; an act which is expressly prohibited by the Geneva Convention, to which the United States agreed to. Your torturers (Americans, by the way), will not be charged with any crime under this new Act. Here’s a great op-ed which sums up just what this Act means, and how it undermines the very fabric of the American Constitution. Take a look: http://www.nytimes.com/2006/09/28/opinion/28thu1.html?ex=1317096000&en=3eb3ba3410944ff9&ei=5090&partner=rssuserland&emc=rss . It can’t happen here right?