Happy Birthday, Independence
Jul. 5th, 2006 01:51 amThe disclosure by the New York Times and other newspapers of the secret bank data surveillance program has again split pundits down party lines. The Left is crying "First Amendment Rights", while the Right is crying "Divulging secrets in wartime is bad."
I wholeheartedly agree that secrets should not be divulged during wartime. If that is the defense that Mr. George W. Bush wants to use, however, there are a few matters he will have to attend to first, to wit:
- Since the President cannot declare war, he will have to get Congress to do so before he can claim this is wartime. See Article I, Section 8 of the Constitution
- He needs to define who the enemy is. Mr. Bush stated, "We’re at war with a bunch of people who want to hurt the United States of America and for people to leak that program, and for a newspaper to publish it, does great harm to the United States of America." The definition of the enemy keeps changing, as evidenced by the fact that the CIA unit hunting down Osama Bin Laden was shut down. Remember Osama Bin Laden? He was the one who was actually complicit in the attack on the US, unlike the Iraqis. This is a simple concept. During WWII, we were at war with Germany, Italy, and Japan. During the Korean war, we were at war with North Korea. The Vietnam war? Then-North Vietnam.
Who are we fighting now? Terrorism. Oops, that's not a country.
- Those prisoners in limbo in Guantanamo? They become prisoners of war, with all the rights accorded them under the Geneva Convention.
Mr. Bush, you can't have it both ways. You can't pick and choose which pieces of the Constitution or which laws you wish to follow and throw out the rest without being treated the same way in return. If you want war powers, you have to adhere to worldwide standards of statesmanship in waging war, or, at the very least look back at your Oath of Office. There was that part where you swore " to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Wouldn't that have made all of this simpler?
Finally, whether you're the President or just another one of us, you owe it to yourself to read Jimmy Carter's essay on the Freedom of Information Act, which turned 40 on Independence Day.
Here's hoping we all survive the rocket's red glare this year. Seems a bit more menacing this year.
I wholeheartedly agree that secrets should not be divulged during wartime. If that is the defense that Mr. George W. Bush wants to use, however, there are a few matters he will have to attend to first, to wit:
- Since the President cannot declare war, he will have to get Congress to do so before he can claim this is wartime. See Article I, Section 8 of the Constitution
- He needs to define who the enemy is. Mr. Bush stated, "We’re at war with a bunch of people who want to hurt the United States of America and for people to leak that program, and for a newspaper to publish it, does great harm to the United States of America." The definition of the enemy keeps changing, as evidenced by the fact that the CIA unit hunting down Osama Bin Laden was shut down. Remember Osama Bin Laden? He was the one who was actually complicit in the attack on the US, unlike the Iraqis. This is a simple concept. During WWII, we were at war with Germany, Italy, and Japan. During the Korean war, we were at war with North Korea. The Vietnam war? Then-North Vietnam.
Who are we fighting now? Terrorism. Oops, that's not a country.
- Those prisoners in limbo in Guantanamo? They become prisoners of war, with all the rights accorded them under the Geneva Convention.
Mr. Bush, you can't have it both ways. You can't pick and choose which pieces of the Constitution or which laws you wish to follow and throw out the rest without being treated the same way in return. If you want war powers, you have to adhere to worldwide standards of statesmanship in waging war, or, at the very least look back at your Oath of Office. There was that part where you swore " to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Wouldn't that have made all of this simpler?
Finally, whether you're the President or just another one of us, you owe it to yourself to read Jimmy Carter's essay on the Freedom of Information Act, which turned 40 on Independence Day.
Here's hoping we all survive the rocket's red glare this year. Seems a bit more menacing this year.