InquiryLabs
Politics, Programming and Possibilities
Tyrany is Worse Than Terrorism
Author: Duane Johnson19 Oct
“Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?” — Patrick Henry, March 23, 1775, in a speech delivered before the First Continental Congress.
A friend of mine, Jeff Moss, with reference to the Military Commissions Act, recently made the following comment on my post, “Agree to Disagree, Even with that ‘Nutcase’“:
“Or is awaiting such determination” would only mean that anybody who claims to be a citizen but cannot (will not) present proof should be held until it can be determined whether or not they are a citizen. The feds could determine citizenship of a cooperative suspect in a matter of minutes. The alternative of releasing a dangerous person is more of a concern to me.
I could not disagree more with my friend.
Jeff is making a subtle assertion that non-citizens are to be considered guilty until proven innocent, while US citizens deserve proper trial by law. As a Canadian and lawful permanent resident of the United States, I find this logic to be absurd. As if my being born on the other side of the 49th parallel diminishes my rights as a human being, or has somehow tainted my nature so as to make me more deserving of criminal suspicion! Not only does this argument carve out an artificial and false sense of safety for American citizens, but it dilutes the very principles upon which America was founded.
Tyrany is much worse than terrorism. By a single act of violence, a terrorist can kill thousands. By a single act of law, a tyrant can enslave millions. Our forefathers demonstrated that they understood this when they signed the seditious Declaration of Independence. They were, in effect, rebels and terrorists to the state of Britain. And in the context of liberty, truth, and love of God, they acted bravely–even nobly.
It is for this same cause that I stand up to voice my concern and express my fears. If ever a day should come when Americans ask themselves, “How did we get here? How did we, the greatest nation on earth, fall from our lofty heights to become the most despised, most depraved of nations?” I hope in that day I will not be asking the same questions. I hope I will be wise enough to see now the danger as it rises. I hope, as always, that my choices in this moment can make a better world for my family and my community. I will serve no good purpose by keeping my eyes wide shut.
I’m sorry, Jeff, but your interpretation of the law does not reassure me in the least. And the American Civil Liberties Union also thinks your interpretation of the law is incorrect.
3 Responses for "Tyrany is Worse Than Terrorism"
Duane, thanks for the post. I’d have to disagree. First some minor quibbling: if you’re a Canadian, then your forefathers didn’t sign the Declaration of Independence. Take the oath of allegiance and become a citizen! Then you can say your forefathers signed the Declaration. Come on, it’s nice here!
Second, you’re too clever by half–Jeff’s assertion is so subtle that he’s not even making it. U.S. citizens are routinely detained until their days in court. They’re still innocent until proven guilty. Being detained != guilt. (And by the way, some one is “innocent until proven guilty” only in the eyes of the courts. You’re either innocent or guilty, regardless of proof. I hate to bring him up, but witness O.J. Simpson. “Innocent” in the eyes of the court, but I’m willing to say with some degree of certainty that he’s actually guilty.)
But more to the point, the U.S. Constitution is a limit on the power of the U.S. government. Specifically, it limits how the U.S. government can treat U.S. citizens. Show me where it says that lawful, permanent residents get the same treatment across the board. Clearly, citizens of the U.S. have an interest in treating lawful, permanent residents well. Our upper, middle, and lower classes have long been replenished and bolstered by immigrants. But that doesn’t mean they have the same rights. The clearest example is voting. When was the last time you voted in the U.S.? We Americans hate taxation without representation, and yet you pay taxes. Why aren’t you outraged about that?
I appreciate the righteous indignation in some of your posts lately. Sometimes an “outsider” is the only one with the proper perspective to speak change or hope into a situation. Sometimes, however, outsiders simply don’t have the ability to speak to a situation. I’m reminded of a French professor in college who told me that no matter how well I learned the language, I could never *really* understand French. I’m not sure I’d go that far, but there’s some truth to it. I could probably spend 35 years in Canada and still not really understand what it means to be Canadian as well as you do. But one cool thing about America is that we’ve done away with that to some degree. If you take that oath I mentioned earlier, you’re an American. And better than any country on earth today (I hear Rome was pretty good at this in its heyday), we try to accept you as an American.
Thanks again for the post, and keep up the critical thinking.
Some years ago, the distinction between Canadian and American was not so clear. Some of my forefathers were here, in America, in 1776. They lived as Americans. They had children in America. And it was at some point in the late 19th century that they migrated north to Canada. Perhaps that makes me “North American.”
In any case, it’s not as easy to become a citizen as you seem to think, Zach. Becoming a “conditional permanent resident” was possible because I married a US citizen. I didn’t marry her to become an American. But if I hadn’t married her, there would be very little likelihood of my becoming a legal permanent resident. There is practically no way to simply “move here” legally and become a resident unless you have an American spouse, mother, or father, or unless you have a corporate sponsor. In addition, the paperwork was an immense task. I spent about 60 man-hours preparing that documentation. The cost of filing approached $1,000 in fees. It’s much easier to become an illegal resident.
My current status is “conditional permanent resident” which means that after a two-year waiting period, I will be able to file for official “permanent residence”. Once it’s official, then there’s a 5-year waiting period after which I will be able to apply for citizenship. Then I can take the oath of allegience. I will be grateful for your kind offer to accept me as an American at that point
Now, I’m not arguing anywhere that lawful permanent residents ought to get the “same treatment across the board”. I’m simply asserting that certain basic human rights–such as Habeas Corpus, wherein detainees can seek release from unlawful imprisonment–should never be suspended. But that is precisely what the Military Commissions Act has suspended. And according to the ACLU, this applies to both citizens and non-citizens. It’s just a little clearer about the non-citizen part.
With regard to your overview of the constitution, I appreciate your thoughtful explanation; however, the constitution is more than a document that limits the power of the U.S. government. It is also a document founded on the assumptions and ideological treatise outlined in the Declaration of Independence. To be American, it seems to me, is to uphold a certain ideology–namely, that there *are* certain inalienable rights. These rights are not inalienable to Americans only, but to human beings everywhere. It is by laying claim on these rights that the United States was formed, contrary to British law. And I believe that it is only by upholding the claim that others have on these rights that America will continue to stand as a great nation on earth.
Ultimately, it’s because I believe in America that I fight for her. My best weapon, though admittedly humble, is the written word. I thank you for your encouragement in this endeavor.
The problem with Jeff’s interpretation is that it’s wrong. The phrase “or is awaiting such determination” refers to being determined as an enemy combatant of the United States.
“The feds could determine citizenship of a cooperative suspect in a matter of minutes.”
That’s great if you’re a citizen - you can invoke your right of habeas corpus and be released if they have no grounds on which to hold you. If you’re not a citizen, however, you’re screwed. They can hold you for the rest of your life and never let you see a courtroom.
For a citizen, the feds would have to charge you with something or let you go. For non-citizens, they can simply say “we’re not sure yet if he’s an enemy combatant.”
Clearly there is enormous potential for the government to abuse this that is, simply put, criminal.
“You guys don’t seem to concerned with security”
Please understand that security should be nothing more than a tool to preserve the American ideal of liberty. We must be vigilant to never let it become an ideal in itself.