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What Is Really at Stake

The differences between Bush-era rendition and its precursors are not insignificant -- in fact, Horton and Center for Constitutional Rights President Michael Ratner debated them on Democracy Now! last week. But, given that they largely boil down to what the CIA did as a matter of policy under Bush (torture) versus what was allegedly done under Clinton unofficially (torture), neither are they the most urgent issue at hand. Obama's much-lauded executive orders are vague enough to elicit endless speculation when it comes to rendition and other intelligence policies. But the actions of his Department of Justice on Monday were not.

"This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course," Ben Wizner said. "Now we must hope that the court will assert its independence by rejecting the government's false claims of state secrets and allowing the victims of torture and rendition their day in court."Obama Needs to Seek Justice for Bush's Crimes
Cynthia Boaz

Memos Provide Blueprint for Police State         Wednesday 04 March 2009  

by: Marjorie Cohn, t r u t h o u t | Perspective

    Seven newly released memos from the Bush Justice Department reveal a concerted strategy to cloak the president with power to override the Constitution. The memos provide "legal" rationales for the president to suspend freedom of speech and press; order warrantless searches and seizures, including wiretaps of US citizens; lock up US citizens indefinitely in the United States without criminal charges; send suspected terrorists to other countries where they will likely be tortured; and unilaterally abrogate treaties. According to the reasoning in the memos, Congress has no role to check and balance the executive. That is the definition of a police state.

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Justice Department to Reveal More Bush Administration Legal Memos  Wednesday 04 March 2009

»   by: Carrie Johnson, The Washington Post

    Justice Department officials intend to release more secret legal memos that underpinned the Bush administration's approach to national security issues, responding to pressure from Democratic lawmakers and interest groups that have sued for access to the sensitive materials, sources said yesterday.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild. She is the author of "Cowboy Republic: Six Ways the Bush Gang Has Defied the Law" and co-author of "Rules of Disengagement: The Politics and Honor of Military Dissent," which will be published this spring. Her articles are archived at www.marjoriecohn.com

Section 8 of Article One of the Constitution, covering the powers of Congress, says, "The Congress shall have Power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water." Never mind the quaint capitalization characteristic of the period.
The intent of the Constitution's framers is quite clear.

For the record, the last time the U.S. Congress declared war was almost 65 years ago--on December 8, 1941, after Japan's sneak attack on Pearl Harbor, which also happened to be a preemptive attack. This was followed four days later by the declaration by the Congress that a state of war existed between the United States and Germany and Italy--after these two nations declared war on the United States. Sixty-five years!
That's simply too long a time for constitutional government to have been circumvented.
http://notorc.blogspot.com/2006/08/awakening-from-history-iraq-dangerous.html
A NEED TO RIGHT WRONGS
 
In an editorial Sunday, The New York Times outlined what lies ahead in our fight to restore the Constitution:
 
This week, the Senate will consider a bill that would restore to the prisoners of Guantánamo Bay the right to challenge their detention in court.
 
... Congress did harm enough by tolerating Mr. Bush’s lawless detainee policies, and then by passing the Military Commissions Act. Giving the president a dictator’s power to select people for detention without charges on American soil would be an utter betrayal of their oath to support and defend the Constitution, and of the founders’ vision of America.
 
Public outrage is nearing a tipping point. Your phone call could be the one that moves your senator to vote “yes” on restoring our Constitution.
 
Take Action: Tell your senators to restore habeas corpus.   Contact Elected Officials
A Short List of Constitutional Violations:   Habeas Corpus Update

"The privilege of the writ of habeas corpus shall not be suspended"

"No bill of attainder or ex post facto Law shall be passed"

"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

"The trial of all crimes, except in cases of impeachment, shall be by jury"

"Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States;[3] If he approve he shall sign it, but if not he shall return it"

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."

"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 defence."

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State".

"The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned."
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