Prometheus 6

A damn good question

Vanishing Liberties
Where's the Press?

On March 18, the Associated Press reported that at John Carroll University, in a Cleveland suburb, Justice Antonin Scalia said that "most of the rights you enjoy go way beyond what the Constitution requires" because "the Constitution just sets minimums." Accordingly, in wartime, Scalia emphasized, "the protections will be ratcheted down to the constitutional minimum."

A few days after the terrorist attacks on the World Trade Center and the Pentagon, Justice Sandra Day O'Connor said that as a result, we would have to give up some of our liberties. That's two of nine justices we are not likely to be able to depend on.

And in his 1998 book, All the Laws but One: Civil Liberties in Wartime (Knopf/Vintage), the chief justice of the United States, William Rehnquist, admiringly quoted Francis Biddle, Franklin D. Roosevelt's attorney general: "The Constitution has not greatly bothered any wartime president." And Rehnquist himself, who will be presiding over the constitutionality of the Bush-Ashcroft assaults on the Constitution, wrote in the same book:

"In time of war, presidents may act in ways that push their legal authority to its outer limits, if not beyond." (Emphasis added.)

Meanwhile, in an invaluable new report by the Lawyers Committee for Human Rights, "Imbalance of Powers: How Changes to U.S. Law and Policy Since 9/11 Erode Human Rights and Civil Liberties" (available by calling 212-845-5200), a section begins: "A mantle of secrecy continues to envelop the executive branch, largely with the acquiescence of Congress and the courts. [This] makes effective oversight impossible, upsetting the constitutional system of checks and balances."

So where is the oversight going to come from? If at all, first from the people pressuring Congress?provided enough of us know what is happening to our rights and liberties. And that requires, as James Madison said, a vigorous press, because the press has been, he noted, "the beneficent source to which the United States owes much of the light which conducted [us] to the ranks of a free and independent nation."

But the media, with few exceptions, are failing to report consistently, and in depth, precisely how Bush and Ashcroft are undermining our fundamental individual liberties.

posted by Prometheus 6 at 4/16/2003 04:08:38 PM |