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Our
Gravest Threats
November
17, 2001
by Eric Munoz
"History teaches that grave threats to liberty often come
in times of urgency, when constitutional rights seem too extravagant
to endure." —Justice Thurgood Marshall, Skinner v. Railway
Labor Executives' Assn. (1989)
Over the last two months, Americans have come together in
a way that I have never experienced in my lifetime. Millions
of concerned Americans desperately wanting to help flooded
our blood banks, gave millions of dollars and displayed their
unity proudly. Flags, banners and 'United We Stand' posters
were everywhere. I do not remember ever feeling so proud of
who we are in those days just after September 11. I fought
back tears and tried to swallow that lump in my throat as
I watched New York's Finest and Bravest put their lives on
the line to rescue those they had sworn to protect and serve.
Our nation was shocked into the realization that individuals
with such hatred and evil were capable of murdering thousands
of innocents, thousands of ordinary people just like us. The
urgency of defending ourselves has been magnified by the recent
anthrax attacks and constant warnings issued by the Justice
Department.
Now in this time of urgency, our greatest threats, those
against our liberties, are receiving little fanfare and even
less media attention. The Bush administration, without Congressional
oversight, has issued orders and directives over the last
several weeks that have grave implications for our rights
and liberties.
First, the White House has decided to virtually ignore the
1978 Presidential Records Act by issuing an Executive Order
that gives the sitting president the ability to block the
release of Presidential documents after the 12 years prescribed
by Congress. Ignoring the fact that this order was prompted
by the scheduled release of documents from the Reagan administration,
in which the President's father and much of the current administration
were involved, it usurps the powers of Congress to pass laws,
violates the system of checks and balances and the separation
of powers. The Congress, as established in Article I of the
Constitution, has the sole authority to write and pass laws.
The president has the ability to veto those laws but cannot
issue executive orders that trump those laws. The release
of documents after a specified time period provides accountability
for an office that answers to We the People as well as the
Legislative and Judicial Branches. By choosing to block the
release of Reagan's papers this administration is asserting
that the Office of the President is accountable to no one.
By consolidating legislative powers, by trumping an act of
Congress, via the Executive Order, this administration is
violating the principle of separation of powers.
Second, President Bush has issued a directive that gives
sweeping authorization for covert operations to assassinate
specified individuals. (Washington Post, October 28) The Bush
administration has concluded that Executive Orders banning
assassination do not preclude killing specific U.S. enemies.
The president decides who that enemy is. If the president
decides that the threat is internal, a US citizen, it appears
that he can still issue a death warrant. If so, the 4th and
6th amendments, the right of people to be secure in their
persons and the right to trial, become irrelevant. Again,
the administration is seeking to consolidate powers into the
Executive Branch not granted to it by the Constitution. To
speak nothing of the hypocrisy given the Conservative Republican
mantra of a strict interpretation of the Constitution vis-à-vis
the Federal Government's power, this directive is plainly
unacceptable.
Third, the administration, through the Justice Department,
has decided to monitor the conversations between attorneys
and their clients in federal custody—suspects, witnesses
and detainees. (MSNBC, Nov. 9) To invade the confidentiality
of an attorney and his client is tantamount to not allowing
an attorney at all. The 5th amendment protects individuals
from being witnesses against themselves and the 6th amendment
guarantees that right to assistance by counsel. Neither of
which matter if this decision stands.
Thurgood Marshall's dire warning reminds us that the gravest
threats to our liberty come in times like we are in now. The
liberties of life and freedom are being slowly stripped away
under the guise of national defense and fighting terror. I
can think of nothing more terrifying than the precedents being
set by the current administration. I do not fear a 'big' government,
but I do fear one that is not accountable.
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