Elegy (and Call to Arms) for the United States Constitution, 9/28/06

I tremble for my country when I reflect that God is just: that his justice cannot sleep forever.
—Thomas Jefferson, 1785, on slavery.

Against all logic, common sense, basic understanding of the United States Government, and morality, the Detainee/Military Trial Bill has passed.

The wounds inflicted upon America on 9/11/01 were deep and real; none of us alive and cognizant at that time will ever forget them. But those grave events were inflicted by a foreign enemy, Al-Qaeda. In tragic, horrific contrast, the wounds inflicted upon America and the United States Constitution today, 9/28/06, are self-inflicted. It's as if a mugging victim, shaken by his experience, decided the best way to prevent future harm to himself was to slit his own wrists.

The best way to avoid being prosecuted for war crimes is - don't commit war crimes.

Sadly, it seems this option has not been considered by the Bush administration and the Republican party, as evidenced by their move to legalize torture, eliminate habeas corpus, and undermine the 4th Amendment through warrantless surveillance. We can catch any bad guys without these measures, and these measures harm the very cause they claim to further. Violence, crime and terrorism are solved through a greater commitment to justice, not through violence towards the Geneva Conventions, the United States Constitution and core American values. The Nuremberg trials confronted true evil by upholding rather than undermining the rule of law and principles of basic human decency. There's a reason why so many military personnel, intelligence officials, and JAGs oppose Bush's measures. America should not torture, nor attempt to strip anyone of essential civil rights.

The best way to fight evil is with good.

As Glenn Greenwald observes, “it is not hyperbole to say that this is one of the most tyrannical and dangerous bills to be enacted in our nation’s history.” As Patrick Leahy (D-VT) said, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” As the line from Henry V goes, “Shame and eternal shame, nothing but shame!”

Lincoln must be rolling over in his grave. What is wrong with the Republican party? I cannot pretend to the moral authority or compassion to say, “forgive them, for they know what they do.” I am not inclined to forgive them. And I suspect they do know what they do. Cassandra’s curse was to know the future, and shout it out, but never to be believed. The difference here is that Cassandra, here played by liberals and all those conservatives and moderates who revere justice and the rule of law, have been heard, but still dismissed by those in power. It is not that those in power do not hear (and they may even believe); they just do not care. As the passage by Pastor Martin Niemöller goes:

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for me,
there was no one left to speak out.

The GOP either assumes no one will ever come for them — or fears it so much they are acting to prevent any legal repercussions for when it finally happens. I tend to think they simply cannot imagine the possibility that innocents will be arrested and harmed and soldiers endangered by their measures. Nor can they imagine not being in a position of power and privilege. Civil rights are a concern for the little people, not those sitting in the first-class seats.

To the GOP:

Are you so fearful of terrorists that you will betray the very same essential values that spurred the creation of America in the first place?

Are you so incompetent you cannot convict a real terrorist in a fair trial?

Are you so lazy you cannot get a warrant to pursue our enemies?

Are you so ignorant that you would needlessly throw out the United States Constitution?

Are you so selfish that the safety and well-being of American soldiers is less important to you than your own re-election and your party keeping power?

Are you so proud of your performance to date waging the wars in Iraq and Afghanistan, in investigating war profiteering, in general congressional oversight, in Katrina (and Iraq) reconstruction, in fiscal management and demonstrating unimpeachable ethical standards, that the Democrats cannot be trusted to continue your holy mission?

Are you so unpatriotic as to betray everything that has made America great?

America has been a great nation, despite its faults. Among its greatest shames are slavery, the treatment of Native Americans, the Japanese Internment Act, and the prolonged delay of civil rights for all Americans. But America has always been about pursuing the ideal, about evolving and progressing, about self-correcting. At its heart, at its best, it is a progressive nation. When Dr. Martin Luther King, Jr. spoke out against the injustice of his era, he spoke not of a new, radical revolution, but of America honoring its own ideals.

Our national honor has been horribly stained — in the name of our nation. It is time for all men and women of conscience to rescue America from the same false patriots who shriek so loudly that that the only way to protect America is to strip us all of our essential freedoms.

I’m reminded of two stirring, quintessentially American pieces. One is an elegy. The other serves as a call to arms.

The Elegy: Walt Whitman wrote “O Captain, my Captain” after the assassination of Abraham Lincoln in 1865:

O Captain! My Captain!

I. O Captain! my Captain! our fearful trip is done;
The ship has weather'd every rack, the prize we sought is won;
The port is near, the bells I hear, the people all exulting,
While follow eyes the steady keel, the vessel grim and daring.
But O heart! heart! heart!
O the bleeding drops of red!
Where on the deck my Captain lies,
Fallen cold and dead.

II. O captain! my Captain! rise up and hear the bells;
Rise up! For you the flag is flung, for you the bugle trills:
For you bouquets and ribboned wreaths, for you the shores a-crowding:
For you they call, the swaying mass, their eager faces turning.
O Captain! dear father!
This arm beneath your head;
It is some dream that on the deck,
You've fallen cold and dead.

III. My Captain does not answer, his lips are pale and still;
My father does not feel my arm, he has no pulse nor will;
The ship is anchor'd safe and sound, its voyage closed and done;
From fearful trip the victor ship comes in with object won!
Exult, O shores, and ring, O bells!
But I with mournful tread,
Walk the deck my Captain lies,
Fallen cold and dead.

The Call to Arms: Dr. Martin Luther King, Jr. delivered the following famous speech at the Lincoln Memorial on August 28th, 1963:

I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation.

Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity.

But one hundred years later, the Negro still is not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later, the Negro is still languished in the corners of American society and finds himself an exile in his own land. And so we've come here today to dramatize a shameful condition.

In a sense we've come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the "unalienable Rights" of "Life, Liberty and the pursuit of Happiness." It is obvious today that America has defaulted on this promissory note, insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked "insufficient funds."

But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so, we've come to cash this check, a check that will give us upon demand the riches of freedom and the security of justice.

We have also come to this hallowed spot to remind America of the fierce urgency of Now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of God's children.

It would be fatal for the nation to overlook the urgency of the moment. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen sixty-three is not an end, but a beginning. And those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. And there will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.

But there is something that I must say to my people, who stand on the warm threshold which leads into the palace of justice: In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again, we must rise to the majestic heights of meeting physical force with soul force.

The marvelous new militancy which has engulfed the Negro community must not lead us to a distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny. And they have come to realize that their freedom is inextricably bound to our freedom.

We cannot walk alone.

And as we walk, we must make the pledge that we shall always march ahead.

We cannot turn back.

There are those who are asking the devotees of civil rights, "When will you be satisfied?" We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality. We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No, no, we are not satisfied, and we will not be satisfied until "justice rolls down like waters, and righteousness like a mighty stream."

I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. And some of you have come from areas where your quest -- quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive. Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed.

Let us not wallow in the valley of despair, I say to you today, my friends.

And so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.

I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident, that all men are created equal."

I have a dream that one day on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.

I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I have a dream today!

I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of "interposition" and "nullification" -- one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

I have a dream today!

I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight; "and the glory of the Lord shall be revealed and all flesh shall see it together."

This is our hope, and this is the faith that I go back to the South with.

With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith, we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith, we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.

And this will be the day -- this will be the day when all of God's children will be able to sing with new meaning:

My country 'tis of thee, sweet land of liberty, of thee I sing.

Land where my fathers died, land of the Pilgrim's pride,

From every mountainside, let freedom ring!

And if America is to be a great nation, this must become true.

And so let freedom ring from the prodigious hilltops of New Hampshire.

Let freedom ring from the mighty mountains of New York.

Let freedom ring from the heightening Alleghenies of Pennsylvania.

Let freedom ring from the snow-capped Rockies of Colorado.

Let freedom ring from the curvaceous slopes of California.

But not only that:

Let freedom ring from Stone Mountain of Georgia.

Let freedom ring from Lookout Mountain of Tennessee.

Let freedom ring from every hill and molehill of Mississippi.

From every mountainside, let freedom ring.

And when this happens, when we allow freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual:

Free at last! Free at last!

Thank God Almighty, we are free at last!

The Declaration of Independence

Schoolchildren likely know the words to The Declaration of Independence better than most adults. Thomas Jefferson, for all his faults, has always been by far my favorite of the Founding Fathers. Every so often, it's good to revist the actual text. I still find it stirring and inspiring. Happy Independence Day!
____________________________________________

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred. to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

— John Hancock

New Hampshire:
Josiah Bartlett, William Whipple, Matthew Thornton

Massachusetts:
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry

Rhode Island:
Stephen Hopkins, William Ellery

Connecticut:
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott

New York:
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris

New Jersey:
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark

Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross

Delaware:
Caesar Rodney, George Read, Thomas McKean

Maryland:
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton

Virginia:
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton

North Carolina:
William Hooper, Joseph Hewes, John Penn

South Carolina:
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton

Georgia:
Button Gwinnett, Lyman Hall, George Walton

The Hiding of Illegal Actions

Glenn Greenwald has produced two more splendid, definitive columns. Unquestionably one of the best writers in any medium on the illegal NSA wiretaps, Greenwald points out that the Bush administration always knew the program was illegal in "Gen. Hayden admits the Administration knew it was violating FISA." And, if you missed it, this weekend Attorney General Alberto Gonzales stated that the Bush administration can and may prosecute journalists for publishing leaked, classified information that makes it look bad. Crooks and Liars has the video here. In "Imprisoning Journalists," Greenwald observes that even Nixon didn't go this far, and persuasively argues that the illegality and the efforts to cover it up are of course related. However, the main thrust of his post is a passionate defense of Freedom of the Press. The only sad thing is that it's at all necessary to write in the first place.

(In a third post, Greenwald also has a nice account of National Review editor Rich Lowry's latest hypocrisy.)

When hostility toward the rule of law, the separation of powers, and the Constitution are accepted as mainstream ideas, we're in deep trouble. When essential civil liberties are viewed as an inconvenience and basic honesty is seen as a nuisance by the key players in the White House – and no one with the power to do so challenges them - we're in grave danger.

The consistent line of the Bush administration has been: "The incompetence and illegality of our actions is not the problem. It's the damn media reporting it." Greenwald cites a Thomas Jefferson quotation that's been much used on the blogosphere of late:

"If I had to choose between government without newspapers, and newspapers without government, I wouldn't hesitate to choose the latter."