Constitutional issues


From the Washington Post:

This compulsion to exaggerate and lie is so much a part of the Bush administration’s DNA that it persists even though it has become counterproductive. For instance, the arrest of the seven suspects in Miami essentially coincided with the revelation by the New York Times that the government has “gained access to financial records from a vast international database and examined banking transactions involving thousands of Americans.” Almost instantly, the administration did two things: It confirmed the story and complained about it. The Times account only helped terrorists, Cheney said.

Read the rest here.

Convenient coincidences coupled with “feelings” of legitimacy always makes the world go round…somewhere Karl Rove is smiling and looking for his flaming pitchfork…

Today Professor Gregor cited that the current administration and the United States in general suffered from a "failure of nerves". Gregor was responding to the idea that the Bush administration was taking liberal steps to ignore Constitutional rights of US citizens by employing the NSA to use wiretaps and other devices without a warrant.

Gregor cited a time when fascism and totalitarianism posed a greater threat to this country than global terrorism does today, explaining that it was through bold decisions such as the carpet bombing of major cities in Germany and Japan that won the war, despite the millions of innocent civilians killed. Professor Gregor explained that the failure of American foreign policy following World War II can be explained by a failure of nerves: US forces were unwilling to use the atom bomb or attack Communist Chinese bases in Manchuria during the Korean War and they were unwilling to fully commit to a large war in Vietnam. Most blatant of this failure of nerves was the air war over Kosovo, where the Clinton Administration was more concerned with popularity at home rather than effective military action on the ground. The loss of American lives could not be handled because of the reprucussions at home. The top priority of every politician is to be reelected, and this became more evident in US policy abroad since World War II.

Gregor compared the current Bush strategy of liberal bending of Constitutional rights of suspected terrorists or terrorist sympathizers with the Japanese internment during World War II, in which thousands of loyal Americans were removed from their homes on the west coast and placed in concentration camps for the duration of the war. Gregor explained that this was a necessity for national security, and an iron resolve on part of the Roosevelt administration helped win the war.

What? Now I don't know if I had the nerve in lecture at 9 in the morning, but I should have raised my hand and retorted. The internment of Japanese Americans was the first large scale violation of Constitutional rights in the United States; a blatant and racist effort to separate an alien group of Americans because of their ethnic relation to Imperial Japanese forces who were advancing in East and Southeast Asia.

This was done because of the threat of espionage, which was cited as a main reason for the sucess of the Japanese attack on Pearl Harbor. However, there was not one act of espionage recorded throughout the war in both the Continental United States and Hawaii, even with Japanese nationals living in the Hawaiian islands. Clearly, their loyalty to this country was questioned because of their heritage. Many Japanese Americans were eager to prove their alliegance to this country, joining the military and forming the most decorated military unit in the history of the United States. They did this modestly, simply asking that the country recognize that just because they were ethnically Japanese did not make them any less American.

Today we see instances of these Constitutional infractions as a result of Bush's War on Terror. Racial profiling had existed as a policy the Department of Transportation had advocated until Director Norman Mineta, a Japanese American and former resident of an internment camp during World War II, ordered that airlines could not "discriminate on the basis of race, religion, or nationality". All were subject to increased airline security, as it should have been.

Is it a failure of nerves or a reassessment of our own morality that explains the change in American policy abroad and domestically? Gregor remembered being outraged after Pearl Harbor, eagerly waiting until he turned 17 so he could join the military. He asked why he has seen no such response today after September 11th. Were we not outraged by this blatant attack on our country?

I, along with almost every other American, am outraged by September 11th. It was an act of cowardice and infamy, and it remains a defining event in this post-Cold War era. But I realize that we must be cautious with our fight for national security and global freedom. Terrorism seeks to compromise our own values, to create distrust and strife in our own society. We must not allow them to win. With President Bush allowing the NSA to violate our Constitutional rights, he has already done what Al-Qaeda desires: to remove what is American about us as Americans.

President Clinton appologized to Japanese Americans for the grave mistake the United States made sixty years before. Since the end of the war, Congress has worked hard to protect the Constitutional rights of its own citizens, even during times of war. Senator Daniel Inouye, a Japanese American who volunteered to fight during the war and lost his arm, fought to ensure that what had happened to fellow Japanese Americans would not happen again. It was not nerves that led to the internment of Japanese Americans, it was paranoia that was an inevitable result of full scale war.

Our nerves must be even stronger in this day and age, where our own livelyhood is being challenged. But perhaps its a different type of nerve that we must contend with and strive for; not the nerves a nation must stomach as it carpet bombs and destroys city after city in an enemy country, but the nerve to boldly stand by American values when they are challenged, to remain patriotic when the rest of the world despises us, and to speak out against injustice, both domestically and abroad. I see nerves with members of Congress who are outraged with President Bush's expansion of his presidential powers. I see nerves with protesters who are sickened with what is happening in Guantanamo Bay. Nerves protect our rights; without these rights, we cannot exist as a nation. Without these rights, we reduce ourselves to something far less than Americans: we become them, and then we lose.

From Life of Pat:

"Partisanship and corruption are increasing problems in America. Our two party system dictates that people are assigned one of two viewpoints. Depending on their congressman, a one dimensional viewpoint is then represented in congress. In Athens, citizens made up the representative arm of the government and voted in "congress". The Internet could enable this system today. Here's the idea: everyone who can vote gets 10 points. They either vote all ten points themselves in weekly sessions, or assign an amount of their points (decided weekly) to delegates (Senators, Commentators, Celebrities, or Neighbors/Friends, etc.), who would then have more points to vote. Representatives themselves would have a large pool to start with (5000), but they would no longer hold as much power, nor be a bottleneck for corruption. If people are displeased with their Senator, they don’t have to wait to vote him out of office, they can dramatically reduce his power by moving their votes. Everyday Americans would now be able to affect change in Washington, not just shudder as politicians mess things up."

This is a novel and idealistic concept; however, it has its flaws. While I love the idea of giving individuals more power and political efficacy, this system would actually do the opposite, promoting more corruption and inefficiency in government. How so? The theory predicates itself on two assumptions: (1) people actually want political efficacy and (2) people are selfless, educated, and concerned about the welfare of the greater nation. By granting everyone 10 (or however many) voting "points", we are giving people a great political tool; however, we are assuming that they will want to use it to fight for causes that are important to them. By the authors standards, these points could be used to support political figures or intellectuals who best express his views. However, this is the view of an educated college graduate who closely follows the news and greatly concerns himself with political issues. But how is someone living in poverty and obscurity in a nameless inner city going to use his or her points? Are we assuming this individual will fight for more welfare funding and job opportunities at weekly town hall meetings? Or is their greater concern trying to make the next month's rent?

What am I getting at? It would seem that come election time, it would be in the greater interest of lower America to use their newly aquired political power to their financial incentive, and politicians and corporations would greatly oblige. What is stopping a person living in poverty from selling their voting points to the highest bidder? Are they really concerned about the political environment in this country? Also, what is stopping corporations from supporting a candidate to lobby for their own cause. Votes can be purchased and decisions could be swayed. Lobbying would transform from lobbyists promoting causes in Longworth and Rayburn to lobbyists writing checks to people trying to make a quick buck off of their voting points.

This system would be perfect if everyone were educated and politically and socially aware. However, many people in this country are not, for whatever reason. Why did such a system exist in Ancient Athens? Athenian Democracy was skewed and by no means an egalitarian system. How so? A citizen, by Athenian standards, was a male with social status or land and of Athenian stock. Foreigners, women, laborers and slaves were excluded. By these standards, such a system could work because the pool of political opinion is very homogenous and standard. There is little diversity in ideals or identity. These people had time to venture into politics, because those politics dealt with issues that were relevant to them. Democracy in this case simply existed to reinforce the status quo, something that probably won't occur in today's world. The concept of citizen in this country has been greatly expanded to include everyone, despite color, creed, gender, or any other categorical identity. This is the difference between Athenian and American Democracy. This is and always will be America's greatest strength.

Democracy in my mind is appreciated by those who understand its inner workings. While I as a self described moderately prepared and somewhat intelligent citizen of the United States that would love to see a socially equal and powerful populous exert its political muscles in government, I know it is simply impractical. This is why we have representatives: while corruption and inefficiency surround life in Washington DC, American democracy is, and always has been, based on faith. Americans vote for the people they feel will best represent their best interests, despite any shortcomings or problems. They vote for who they believe represents themselves, often because they don't have the time or the effort to learn up on these issues that will affect them. It is a sad truth, but nevertheless a truth.

I still remember a lecture during my stennis program this past summer on Capitol Hill. A lecturer addressed the idea of corruption and lackluster work from members of Congress and an inefficient political system. "This is true," she explained. "But for every under the table deal, rambling, and mismanagement on part of many members of this institution, think about Brown v Board of Education or the establishment of the 19th Ammendment. For every ten, hundred, or thousand dead bills or countless hours of bickering in this obviously screwed up system, we sometimes, sometimes get it right…and that is why I have faith…"

What is marriage in a social and practical context? It is the answer to this question that will ultimately help us better understand the issues of same sex marriage. The ultimate problem with marriage is that it is inheriently tied in with religion. There can be no discussion of marriage without first understanding the reasons for marriage and the ideals of morality. Marriage in the eyes of morality is a spiritual bonding between two people with a child usually being the consumation of their vows and devotion. Religion emphasizes loyalty, purity, and love with one person in a marriage (barring certain Mormon sects that would otherwise argue that the Old Testament suggests that polygamy is a commandmant from God). The connection is what is emphasized ultimately and universally.

So what if your connection is with one of the same sex? Is this something that is shunned or wrong? Well, what context are we examining? Biologically, males and females come together to procreate, but this is relationships at its most basic and primordeal form. Spiritually, marriage involves a connection. However, religion does look down upon homosexuality as a sin. But we do not live in a religiously dominant society anymore. Our definitions of society have changed over time. It was not but 160 years ago that Africans in this country were slaves. How much our perceptions have changed (or not, this is something I should discuss in the future) is an example of our misconceptions and how we learn from past mistakes.

So we must ask ourselves before we move further, if we live in a society where religion is not a totally social encompassing force (as some might argue), what is the purpose of marriage? This is where the law steps in, citing that marriage leads to a collaboration of incomes and a merging of personal capital and resources. Is it the idealist in me that cringes every time I understand law's view of marriage, which is simply seen as a financial tool that binds people together. But this makes sense; from an anthropological approach, many cultures have used marriage as a social tool to bind two families together. Consider it a formal contract, recognized by everyone and blessed by God.

The context of marriage existing in our society to protect the best interest of children can be considered, but then consider those married couples who never have children. This is a personal choice, yet their marriage was not in the intention of their children, or anyone's children. And what about the fact that we allow same sex couples to adopt children? Surely in the best interest of the child a state recognized tax break would surely help pay for his eventual public education at UC Berkeley, even if he does have two dads. Is society really that willing to hold desperately onto something that arbitrary?

Or is it arbitrary? If it is not about children or religion or morality, and we can legally define marriage through financial and legal terms, then why can't it be extended to same sex marriages? Some believe that idea of marriage is sacred and that it must be kept safe and clean. They believe that people that desire same sex marriages should get a legally recognized and equal relationship, but they won't allow it to be called a "marriage". This would break down what they have, they suppose. But what would this new category be? Would they call it a "pseudo-marriage"? A separate but equal form of marriage? Hmm, smells like a violation of the 14th Ammendment if you ask me…

We have seen the holes in the now crumbling concept of marriage, we can understand that it exists for people and an ideal of happiness. Forget that one out of three marriages end in divorce, when I think about the concept of marriage I don't think about the financial, legal, religious, or social definitions and problems, I can only think about the journey that two people are setting out on that could potentially last the rest of their lives. Nobody enters marriage in this country with the intention of ending their relationship in three years with three more years spent in court battling out for possession of the dog and visitation rights to the children on Thanksgiving. They enter by vowing to "spend the rest of their lives together". This is what marriage is ultimately about, and when people finally understand that, they will begin to understand how my view of same sex marriage comes from…