the bill of rights
i'm no constitutional scholar, but the 17 uighurs currently "detained" in guantanamo (we have such nice words for things that authors like dumas chose to describe otherwise) seem to me to deserve better of our bill of rights than they currently enjoy. our previous administration split semantic geopolitical hairs and cowered behind excuses of citizenship and sovereignty (how we can possibly argue that our own laws need not apply wherever our flag is raised is one of the most mephitic examples of totalitarianism we've ever made of ourselves) and if this hasn't become orwell's animal farm and 1984 all rolled into one, it's the closest example i can think of short of our actually executing them for their inconvenience. (something which we restrict in only 18 of our 50 states over trivialities like diminished mental capacity, so why wouldn't we?)
were we to consider these animals to be as equal as others, here are some of the ways we have made traitors of ourselves to our constitution, our country, and our forces in the field fighting and dying to preserve them:
our first amendment protects religion, speech, press and assembly. i don't believe the uighurs were publishing their grievances, but the other three categories of rights seem to have been categorically denied to them when they were rounded up.
our second amendment about keeping and bearing arms in a well-drilled militia (the colonial meaning of the word "regulated" is no longer understood in our present-day common speech, so i've presumed to use a synonym) seems equally affronted by their round-up. (to be both swarthy and armed seems to be a serious crime to us these days...)
we'll give the third (quartering of troops) a pass, as i'm unaware of any requests for them to have taken in any of our GI's into their tents...
the fourth regarding search and seizure seems to be the one most grievously ignored: "the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause..." yeah, i know, it's a war zone, but we've clearly acknowledged THESE WERE NOT ENEMY COMBATANTS. what we think we're doing "detaining" them is completely beyond me. (as if we don't have enough enemies in this world, we've taken to provoking more of them).
the fifth regarding due process would seem to be completely disrespected as well.
the sixth and seventh, promising speedy trial by jury? just as completely disrespected.
the eighth involving bail and a freedom from cruel and unusual punishment would seem to be at least in question.
the ninth and tenth, protecting all rights not ennumerated, and preserving to the people any power not delegated to their states or their federal constitution, would seem also to be somewhat relevant here.
so, let's see, how are we doing?
out of ten primary civil rights we fought and died to preserve for a government of and by and for the people, we've only failed to offend one of them here. i know all the apologists are going to flee for the cover of "they're not citizens!" and "they're not actually IN the united states!", but i call bullshit on that right here, and right now.
who are we? are we king george's minions, over which we would have an entire world fight to resist us, because we are denying them the very rights which we have insisted we are justified in killing to preserve for ourselves???
we are better than this. we are better than what our previous administration has caused us to be. (and, indeed, we are all culpable owing to our citizenship in this travesty).
we are a free people with the free will to insist upon what is right. this simply cannot be allowed to stand.
were we to consider these animals to be as equal as others, here are some of the ways we have made traitors of ourselves to our constitution, our country, and our forces in the field fighting and dying to preserve them:
our first amendment protects religion, speech, press and assembly. i don't believe the uighurs were publishing their grievances, but the other three categories of rights seem to have been categorically denied to them when they were rounded up.
our second amendment about keeping and bearing arms in a well-drilled militia (the colonial meaning of the word "regulated" is no longer understood in our present-day common speech, so i've presumed to use a synonym) seems equally affronted by their round-up. (to be both swarthy and armed seems to be a serious crime to us these days...)
we'll give the third (quartering of troops) a pass, as i'm unaware of any requests for them to have taken in any of our GI's into their tents...
the fourth regarding search and seizure seems to be the one most grievously ignored: "the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause..." yeah, i know, it's a war zone, but we've clearly acknowledged THESE WERE NOT ENEMY COMBATANTS. what we think we're doing "detaining" them is completely beyond me. (as if we don't have enough enemies in this world, we've taken to provoking more of them).
the fifth regarding due process would seem to be completely disrespected as well.
the sixth and seventh, promising speedy trial by jury? just as completely disrespected.
the eighth involving bail and a freedom from cruel and unusual punishment would seem to be at least in question.
the ninth and tenth, protecting all rights not ennumerated, and preserving to the people any power not delegated to their states or their federal constitution, would seem also to be somewhat relevant here.
so, let's see, how are we doing?
out of ten primary civil rights we fought and died to preserve for a government of and by and for the people, we've only failed to offend one of them here. i know all the apologists are going to flee for the cover of "they're not citizens!" and "they're not actually IN the united states!", but i call bullshit on that right here, and right now.
who are we? are we king george's minions, over which we would have an entire world fight to resist us, because we are denying them the very rights which we have insisted we are justified in killing to preserve for ourselves???
we are better than this. we are better than what our previous administration has caused us to be. (and, indeed, we are all culpable owing to our citizenship in this travesty).
we are a free people with the free will to insist upon what is right. this simply cannot be allowed to stand.
posted by kad barma at 7:59 AM
1 Comments:
I am not sure that I am sympathetic with the fact that the 17 Uighurs were in the wrong place at the wrong time, but I do believe that they should be brought to the US and turned lose. Going home would not be good for them, given the human rights situation in China (and what is our Secretary of State doing about that?). So, here is the place for them. They are not like the rest of the crew down there, who should be brought to the US and put in POW camps and made honorary POWs and kept there for the duration.
So, I agree with Kad Barma on this.
Regards -- Cliff
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