Constitution

A Citizen's Subpoena to Impel the House to Investigate Torture Charges

Originally posted on A contrario on 5 May 2008

The letter requesting that certain politicians be subpoenaed for testimony that is quoted below was sent by the ACLU on my behalf to the House Judiciary Committee and several other members of Congress on 5 May. The ACLU provided the introductory paragraph, and I wrote the rest of the letter. This letter was one of many petitions delivered to Congress as part of the ACLU's 'Citizen's Subpoena' campaign. Hopefully, the Judiciary Committee's call for testimony marks the beginning of a serious investigation into Executive policies on the use of torture or 'aggressive interrogation techniques'.

I demand to know the truth about torture. It's time to conduct a full investigation to determine what laws may have been broken and whether war crimes or other torture crimes were committed. John Ashcroft, John Yoo, George Tenet, Douglas Feith and others must testify. It's time to legally compel Bush's torture team to tell the truth.

Human Rights Violations in the Name of Security in the United States

Originally posted on A contrario on 22 March, 2008

This is the extended and original version of a letter I submitted to the editor of the local paper. It is the first of a growing series of documents to come out of my research into the human rights violations that are being committed by or in the United States. While I am disgusted by my government's behavior, I am even more incensed by the general public apathy (at least in my area) toward the issue . I wrote this letter in an attempt to dissolve that apathy and implore people to start attending to what the U.S. government is doing in our name. Democracy will not survive in this nation if we do not monitor our own government at least as vigilantly as it seems to be monitoring us.

Defending Marriage Against Whom?

The issue of same-sex marriage is a surprisingly controversial one in the United States1. Presently, the federal "Defense of Marriage Act" (DOMA, Public Law 104-199) defines marriage as thus:

"In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word `spouse' refers only to a person of the opposite sex who is a husband or a wife."
This quote is actually an amendment to the original law, which essentially states that no state, territory, etc. may be required to recognise a marriage between two people of the same sex, even if the said marriage was legally performed and recognized by another state. I would like to set aside the many issues that come along with the loaded topic of homosexual marriages or homosexuality in general, and focus on the issue of this law as it relates to the U.S.'s Constitution, and in particular to the First Amendment thereto.

  1. 1. See, for instance, the Wikipedia article and related discussion regarding the Defense of Marriage Act.

Marriage Equality and its Opponents

As I contend in a related blog entry, I do not believe that the arguments supporting legislation against the legal recognition of homosexual marriages in the United States are consistent with the letter or the spirit of the U.S. Constitution. The pragmatic arguments against homosexual marriages are weak at best (particularly considering the dismal divorce rate in heterosexual marriages) and fail to justify current and proposed legislation on their own, leaving only the religious arguments underlying them---arguments which, of course, cannot legally be used to justify an act of Congress. Consequently, the burden of proof in the debate on the legislation lies not on the proponents to demonstrate that same-sex marriages should be acceptable but on the opponents to demonstrate, without resorting to hackneyed pseudo-religious dogma, that same-sex marriages both are economically or otherwise quantitatively detrimental to the public interest, and lead to the violation of individual rights. Unless such a basis can be offered, I offer that the current "Defense of Marriage Act", the proposed "Marriage Protection Act", and the many state-level imitations thereof are in diametric contradiction to the First Amendment of the U.S. Constitution.

Guantánamo Bay and Torture in the United States

What does the decision to operate an illegal prison camp without Congressional or judicial oversight say about the US government's commitment to international humanitarian law? Very few spokespersons in the media seem to be willing to address this question directly, despite its apparent importance. Although the detention and interrogation policies implemented by the Bush administration were not particularly new in terms of the tactics employed by the U.S. government, the blatant arrogance with which they were implemented was unprecedented. While it initially indicated that he would at least superficially break with the Bush administration's policies, the Obama administration has repeatedly perpetuated and tried to legitimize some of its predecessor's most egregious abuses. While this issue occasionally appears in the headlines, the media has thus far done little more than try to pass off its parroting of the establishment's "hawks" and "doves" as objective journalism. In contrast to the more extreme examples such as FOX News---which has given up on "objective" journalism altogether and instead produces wholesale propaganda designed to terrify the public into believing that they're on the verge of being swarmed by masses of bloodthirsty terrorists hell-bent on destroying freedom, justice, and the American way---mainstream journalism does appear to possess a certain level of objectivity. The range of this objectivity, however, is always circumscribed by the interests of the eight or so major corporations that own almost all the mass media in the US. In the case of illegal incarceration and torture, this means that much of the debate has been about whether these tactics help to further the United States' foreign policy objectives, and not what those objectives are, or what harms or benefits they will bring to the US and world public. I have collected the resources listed here in an effort to present this larger context of the debate.

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