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archived: 18 - 24 Jul, 2004 Back Next July 22, 2004 UPDATE “SOME THOUGHTS FOR AND ABOUT THE KERRY CAMPAIGN, III” Note to the reader (again): As we now approach the Democratic National Convention itself, I am devoting a series of columns to what are primarily campaign matters, rather than the more historical and theoretical issues I usually deal with. It happens that I have been away during most of this period. Thus, not only this set of five columns (running through August 5), but also the one for August 12, has been prepared in advance. It is possible that some of what I will have to say here will be overtaken by events. But hopefully, whether or not that happens, you will find these thoughts to be of use as our attention turns to the principal challenge facing the pro-democracy forces, not in Iraq, but here at home: how to defeat George Bush and assure the election of John Kerry. I should note that some of these thoughts have appeared in one form or another in past columns. If that be the case, obviously I like them a lot. So please bear with me. Constitutional Issues (again) Consider the following: Memo on Interrogation Tactics Is Disavowed: Justice Document Had Said Torture May Be Defensible by Mike Allen and Susan Schmidt, Washington Post Staff Writers, Wednesday, June 23, 2004; Page A01: President Bush's aides yesterday disavowed an internal Justice Department opinion that torturing terrorism suspects might be legally defensible, saying it had created the false impression that the government was claiming authority to use interrogation techniques barred by international law. . . .
A Feb. 7, 2002, memo signed by Bush said that he believed he had “the authority under the Constitution” to deny protections of the Geneva Conventions to combatants picked up during the war in Afghanistan but that he would “decline to exercise that authority at this time.” And then: Will The Commissioners Cave? by Ray McGovern, Tompaine, June 21, 2004: That Troublesome Constitution Again.
Most observers are familiar with the rhetorical landscape with which Bush and Cheney persuaded a large majority of Americans that Iraq played a role in the attacks of 9/11, and many shrug this off as familiar spin by politicians inclined to take liberties with the facts. So far little attention has been given to the fact that a constitutional issue is involved.
On March 19, 2002, the day the war began, President Bush sent a letter to Congress in which he said that the war was permitted under legislation authorizing force against those who “planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.” If the staff’s finding that there is “no credible evidence that Iraq and Al Qaeda cooperated on attacks against the United States” is allowed to stand, the Bush administration will be shown to have gone afoul of the Constitution yet again. And then, what powers were the Georgites looking for in the cases in which the Supreme Court decided that, yes indeed; even persons deemed “enemy combatants” by the President have some rights to due process under the law? Among powers earlier claimed by the Regime are that the Administration can simply declare anyone it wants to be labeled an “enemy combatant” as one. It can then, they have claimed, deprive such a person of any legal rights whatsoever and detain such a person indefinitely. Further, the Administration argued that, even if there were to be some kind of habeas corpus hearing, the “some evidence” standard, ordinarily used only in administrative, not judicial procedures; would, nonetheless be applied. Finally, they claim the power to ablate all provisions of the Sixth Amendment, which guarantees a jury trial in criminal cases, for such “enemy combatants.” That’s what the Georgites want, and all that is standing between us and them (polarization, anyone?) right now is a slim majority of the Supreme Court. In a future column I will return to this issue to speculate on just why they want these powers. Hint: it ain’t to fight terrorism. Issues that Could be Brought Into the Campaign Here are some thoughts devoted to dealing with issues vital for the future of our country that do not usually get addressed by Democratic candidates. Democrats are used to setting up laundry lists of programs, to solve this problem or that. Such lists are important. But to win the election (both by showing how truly different in kind, not just in degree, the Senator Kerry is from Bush), perhaps some of the items on this list do need be dealt with.
We know what Democrats are for, or should be for, big government to deal with big problems of an economic and social nature. That famous Republican President, Teddy Roosevelt, ran as a third-party candidate in the 1912 Presidential election. In it, TR (who would now be considered a left-wing Democrat) among other things proposed a national health insurance plan that was well to the left of anything presently even being considered by Sen. Kerry. On the issue of “big government,” TR had this to say (R. Brookhiser, The Making of the President, 1912, New York Times Book Review, May 9, 2004, p. 10, not available online): Big Business requires Big Government. Perhaps it is time to get this one out in the open.
"The only thing necessary for the triumph of evil is for good men to do nothing." -Edmund Burke "The penalty that good men pay for not being interested in politics is to be governed by men worse than themselves." -- Plato (with thanks to Murray Jason) ________________
Dr. Steven Jonas is a TPJ
contributing author. He is a Professor of Preventive Medicine at Stony
Brook University (NY) and author of some twenty books. Dr. Jonas is one of
America's most perceptive Democratic political analysts. The 15% Solution: A Political History of American Fascism, 2001-2022 is available from Amazon under the name "Johnathan Westminster." _______________ Previous Articles
July 15, 2004
“Some
Thoughts For And About The Kerry Campaign II”
June 24, 2004
“ ’You Know me Al:’ On the German
Reichstag Fire of Feb. 27, 1933 and
the 9/11/01 Bombing of the World Trade Center, Part II”
May 27, 2004
“On Fascism -- And The Georgites”
April 29, 2004
“On
George Bush and Religion, Part 2”
March 25, 2004
“Brief Essays” February 27, 2004 “On Doctor Dean”
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Last Update: 03/23/2006