By Nat Hentoff
November 12, 2007
Of all the analyses and cheerleading I've seen on the presidential race, a column in the April 19 Des Moines Register by Richard Doak, a former editor there, made the fundamental point: "Who will defend the Constitution? That should be the litmus test." He continued: "Most of the candidates, especially the leading Republicans, have failed to press any qualms about the claims of absolute executive power by President Bush and Vice President Cheney."
My candidate for the presidency is low in the polls and has received only marginal press coverage. He should stand out, to begin with, because since 1991, while serving in the Senate, Joseph Biden has been an adjunct professor of constitutional law at the Wilmington, Del., campus of Widener Law School. Our Constitution is not broken. It is, however, being continually fractured by the Bush administration. Especially important, therefore, is for the next president to deeply understand how we can and must be safe from terrorism while remaining a free people under the rule of law, not according to whoever occupies the White House.
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None of the other presidential candidates has been so intent on restoring our commitment to our own laws against war crimes and to the international treaties we have signed as Mr. Biden has in this proposed legislation, which includes: "Prohibit (CIA) 'Extraordinary Renditions;' Close Black Sites & Extra-Judicial Prisons; Prohibit the torture or Mistreatment of Detainees in U.S. Custody; Extend Habeas Corpus to Detainees; and Modify the Definition of 'Unlawful Enemy Combatant.' " That last provision (ignored by all the other candidates so far as I'm aware) would, Mr. Biden explains, change the "Military Commission Act's definition of the term to clarify that U.S. citizens or lawfully admitted aliens taken into custody within the territorial jurisdiction of the United States cannot be considered unlawful enemy combatants."
Excellent article, more at:
http://washingtontimes.com/article/20071112/EDITORIAL07/111120001/1013/EDITORIAL