2006/10/18

Democracy Inaction

How do we curb the executive branch of our federal government? Or, at least, the Secret Service?

Seriously, how?

I just returned from Karaganda, Kazakhstan, once part of the gulag archipelago. Maybe that's why the Military Commissions Act of 2006 is unsettling. Ostensibly it applies to unlawful combatants, who (I think) have not been accorded protection by the Geneva Convention. However (I think) the act as approved could also be applied to any U.S. citizen.

It seems implausible that this sort of thing could lie in our future. But it's up to us to jealously guard against it.

There is hope that the Military Commissions Act will be challenged in the courts. I believe it should be challenged, if only to clarify the conditions under which it could be used to detain (and torture -- er, interrogate harshly) U.S. citizens.


Legal groups, such as the Center for Constitutional Rights, are already preparing to challenge the constitutionality of the law in court, as Democracy Now! noted in an interview with the Center’s president, Michael Ratner, and with Senator Patrick Leahy, who was very critical of the bill’s implication.

I wonder how my congressmen voted... GovTrack knows.
Here's the record for the House of Representatives, and for the Senate.

Representative Udall: nay
Senator Domenici: aye
Senator Bingaman: nay

Arlen Specter explained why he ultimately voted in favor.

Judiciary Committee Chairman Arlen Specter (R-Pa.) voted for the bill after telling reporters earlier that he would oppose it because it is "patently unconstitutional on its face." He cited its denial of the habeas corpus right to military detainees. In an interview last night, Specter said he decided to back the bill because it has several good items, "and the court will clean it up" by striking the habeas corpus provisions.

I hope he's right.

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