For President Bush, “Innocent until proven guilty,” is a concept that should be applied at his whim.
Just over a week ago, on Oct. 17, Bush signed the Military Commissions Act (MCA), which alters the U.S. Constitution to deprive “enemy combatants” of habeas corpus, their right to contest unjust detention. This is the first time this right has been stripped from individuals involved in the U.S. judicial process since the Civil War. It is yet another reason why the War on Terror has effectively become the War on Human Rights.
The Commander in Chief wields the power to declare individuals detained in the process of war as enemy combatants. With the deletion of their right to habeas corpus from the constitution, the President can now undemocratically detain individuals accused of terrorist activities for unlimited periods of time without trial.
This is one of the most frightening bills in the history of this country.
The president is exuberant with his new authority, stating that “it is a rare occasion when a president can sign a bill he knows will save American lives.”
What Americans should realize is that this terrifying legislation has far-reaching implications. Of the roughly 450 inmates at the U.S. Guantanamo Detention facility, 196 have filed pending habeas corpus cases asserting they are being detained unjustly. After Oct. 17, “no court, justice, or judge” can legally consider any of these claims. Perhaps more frightening is the fact that this law also applies to all non-U.S. citizens, including U.S. residents. Exchange students, for example, can be denied habeas corpus if they are labeled enemy combatants.
Article One, section nine of the United States Constitution says, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” Allow us to point out that we are undergoing neither of the listed exceptions. The possibility of terrorism is not a strong enough justification for this change to the constitution.
The act technically retains the right to habeas corpus for U.S. citizens, but allows that they may be held while the government determines if they are enemy combatants. Regardless, it doesn’t limit how long the government can take in its decision, so citizens theoretically may be held indefinitely as well.
These flagrant violations of civil and human rights by President Bush are very real. We are no longer dealing in looming hypotheticals or worst-case scenarios. As responsible citizens in a democratic society, we need to be aware of these efforts to cripple our judicial process for an uncompromising political agenda, and we need to oppose them as fiercely as possible.
Our rights are at enormous risk in the crossfire of the War on Terror. We sincerely hope that voters will go to the polls with this concern in mind during the midterm elections. Our power to defend the rights on which this country was founded lies in our ability to vote for our principles and values. Join us in voicing disgust and opposition to this undemocratic infringement on justice.