Bush / Cheney '08

Sure, you've heard of the Patriot Act, and you know about the NSA warrantless surveillance controversy.  Many Americans are cynical about the human rights record of the Bush administration.  But, what do you know about these directives and acts Bush signed into law  in the past few months -- The John Warner Defense Appropriation Act, The Military Commissions Act, The National Security and Homeland Security Presidential Directives?  These acts and directives give dictatorial powers to the President of the United States, and leave open the question -- are these guys planning to leave office? Some Latin Words

"Posse Comitatus" is Latin for "power of the county." The Posse Comitatus Act (18 U.S.C. § 1385) passed on June 16, 1878 after Reconstruction.  It states: "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both."  

Habeas Corpus (Latin for "we command that you have the body") is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.  Dating back to 13th Century England, the procedure for the issuing of writs of habeas corpus was first codified by the Habeas Corpus Act 1679.  Habeas is a court order addressed to a prison official ordering that a prisoner be brought before the court so that the court can determine whether that person is serving a lawful sentence or should be released from custody.

The civil rights protections against the government calling out the army against its citizens, and detaining folks arbitrarily, had been considered crucial cornerstones of "democracy in America."  They seem to have been taken away without much of a fight.

Good-bye Habeas

The United States Military Commissions Act of 2006, (Senate Bill 3930[1]) signed on October 17, 2006, set out to "facilitate bringing to justice terrorists and other unlawful enemy combatants through full and fair trials by military commissions."  The Act creates the category of "unlawful enemy combatants," who lack the right of habeas corpus, and traditional protections from torture under the Geneva Conventions.  Furthermore, the Act avoids any clear language ensuring that U.S. citizens will not be classified as unlawful enemy combatants.  This Act side-steps the traditional protections associated with the judiciary branch.  The determination of the status of an individual as an "unlawful enemy combatant" is made by tribunals established under the authority of the President.

Good-bye Posse Comitatus

The John Warner Defense Appropriation Act for Fiscal Year 2007 (H.R. 5122.ENR), signed on the same day, allows the President to “...employ the armed forces, including the National Guard in Federal service, to... 1. restore public order and enforce the laws of the United States when... the President determines that,...domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; 2. suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy...”  

Good-bye Separation of Powers

The National Security Presidential Directive (NSPD 51), and the Homeland Security Presidential Directive (HSPD-20), signed on May 9, 2007, give special powers to the President in the event of a "Catastrophic Emergency," which means "any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions."  In such situations, "The President shall lead the activities of the Federal Government for ensuring constitutional government."

During the Bush presidency these totalitarian laws have arisen.  At the same time there has emerged a rising cynicism among the people.  There is a hope for a silver lining during oppressive presidencies that at least the people get to see how bad unchecked power abuses are.  I once read that when Hitler came to power, the German communists were relieved that at least the people would get the opportunity to see how bad the Nazis were, and would therefore be more likely to vote communist in the next election.  But there was no next election.  It doesn't matter if the people are more cynical once they have been arrested, tortured, and disappeared.  The damage done by Bush may indeed have had some effect of waking people up.  By now we are as awake as we will ever be, so it is the time to take up all forms of non-violent action and civil disobedience, or to give up and leave the country.  Military dictatorships around the world arrive rather quickly without giving the population time to choose to leave.  In the aftermath of a terrorist attack, an environmental disaster, or even a stock market crash, the legal protections no longer exist in the U.S. that might make it difficult for a full military dictatorship to take over.