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The Gaffer's Philosophy;
Part 10: Amendment VI.
May 20, 2002:
It is clear, that the intent of The Bill of Rights was to guarantee
the protection of the citizens against government excesses at
all levels. In that sense, this Sixth Amendment is a key one.
It concerns our legal rights in criminal proceedings and severely
limits the governments prerogatives in those proceedings. This
one too was a response to the bad behavior of King George of England.
Here it is:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
The most dangerous situation for democracy occurs when some apparent emergency arises. This often creates an excuse for certain types of power mongers to bypass the legal mechanisms which our constitution guarantees. This kind of witch hunt was used against our Japanese American citizens in the aftermath of the Pearl Harbor attack in 1941. They were rounded up and imprisoned in primitive conditions for no reason at all. National security was the rational.
Of course, in a crisis the people will initially approve any government excesses out of anger and/or fear. Then it is a natural thing for the power players to attempt to artificially maintain the state of public hysteria. There are many ways to do that, such as issuing random alerts, true or false. Who can know? In any case, the excesses will continue long beyond the time of any reasonable necessity. This is what I believe is currently happening in America.
I have already described the ordeal of our administration's Arab prisoners in Part 8 of this series. In short, an Arab woman described how federal agents, without warning, knocked on her door at night and arrested her and her husband. They later released her, but are still holding her husband without charge. In addition, they refused to tell her where or why he is being held. She is not allowed to see him and the news media has been refused access to him. There are over 300 people in this legal limbo. Whether these people are citizens or not, they were here under America's protection. This is a clear violation of the sixth amendment.
This tendency of our current crop of politicos to rationalize direct and deliberate violations of our constitution on the grounds of national need does not bode well for the future of democracy in America. Wouldn't it be sad if Japan ended up having a better democracy than we do? Wouldn't it be sad if Americans ended up with less freedom than the Saudis or the Chinese?
Transferring captives out of their homes to other jurisdictions was one of the English actions which caused our founders to go to war against them. Here are two of the charges we made against King George of England in out Declaration of Independence. Read them carefully, then consider some of the recent actions by our federal agencies.
FOR depriving us, in many Cases, of the Benefits of Trial by Jury:
FOR transporting us beyond Seas to be tried for pretended Offences:
The holding of more than 300 prisoners in federal lockups is a direct contradiction of our case against King George III. The holding of POW's in our facilities at Guantanamo Bay is another.
One may argue about the applicability of the Sixth Amendment to this situation. However, to hold those people in Cuba without charging them or declaring their status goes against every principle upon which this once great country was founded. And, it is a violation of international law, which we claim to uphold in principle. It is also a direct contradiction of our philosophy of justice and the rule of law. If this is the best we can do, we are no better than the Taliban. It may be true that unusual times demand unusual methods, but no times demand criminal behavior from the government.
To be sure, there are those in the government who will accuse me of being anti-American and of aiding our enemies with these criticism. That is patent nonsense Violating the law and the rules of common decency, then hiding behind patriotism is a classic dishonest. It was dishonest when McCarthy did it and it is dishonest when a current cabinet member does it. It's the old B movie childishness of "Either ye be wie me or ye be agin me." It does not wash for thoughtful adults.
I watched part of a public hearing on a televison news show where the attorney General was being questioned. He implied that the members of the legislature were being anti-American and inhibiting the war effort by questioning his activities. On direct question, he recanted, but his point was made. there was nothing particularly veiled about his statement.
If I were a member of the legislature I would be somewhat chagrin about that. I don't know if they are or not. However, I do continue to hope that the legislature will move to recoup their usurped powers soon. Even when they do, it will create a long and difficult struggle and the people will be the losers. It will misdirect a great deal of national energy at a time when we can least afford it.
I am not anti-American. I am not against anything except dishonesty. I am a pure patriot through and through who wants America to recoup the qualities of decency which made us great. I want a return to the values system upon which our country was founded. These are personal responsibility, with its concomitant freedoms and rights, the rule of law, and the principles of democracy.
I am convinced that you cannot destroy democracy. You cannot extinguish that basic drive to freedom which lives in every man. The political power mongers can hold it back a while. They may suck the juice from the bones of democracy and hurl them into the sands of a desert, but, sooner or later, the bones will gather. Democracy will rise again. This I believe. Mankind will ultimately be free.
In America, we have a great beginning. Let's not ruin it to the point where we must begin again. Let's return to the rule of law in America. Let's begin again to set the example of decency and integrity for the rest of the world.
Next time, I will continue with the amendments to our constitution.
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