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Montoliu: A new attempt to tear the Constitution

Written by Raphael Montoliu

Sunday, 03 August 2008

One of the "founding fathers" of the United States, John Adams, is credited with the following statement: "We shall have a government of laws, not of men." This is an affirmation that those who exercise power over us are not free to do entirely as they wish, but are subject to limits set by law. This rule of law is what is meant to differentiate the United States from a dictatorship. It is also on this principle of protection from tyranny that a separation of power was implemented between the executive, the legislative and the judicial branches of government.

There is no doubt that former monarchs, and all the dictators who have exercised their unlimited power throughout history, have felt entirely justified in using coercion to protect not only their government but their nations or kingdoms. They have felt that it was necessary to imprison, torture and kill people whom they decided or discovered were their enemies and the enemies of their nations, whether these people were foreigners or citizens.

The fact that they alone could declare who was an enemy, and that they had free rein to determine the appropriate punishment of individuals perceived to be threats, was, among other things, what defined their governmental systems to be tyrannical, oppressive and bloody. It is as a reaction to these kinds of governments that the United States was formed as a nation, and it is from this type of tyranny many immigrants fled here, at least this is what we are taught.

Attorney General Michael Mukasey asked Congress to issue a new declaration of war. This would make the entire globe, including the United States, a battlefield where the president alone would get to decide who is an enemy combatant, and would have the unilateral power to lock that person up forever. This proposal would redefine the United States as a dictatorship.

You might think, like the serf living under a king in the 12th century, that if you did not break any laws, did not express any controversial opinions, and generally kept your head down and were a "good American," you would be safe, and only the "bad guys," as defined by the president-king, would be apprehended and put away. You might think that tyranny will never happen in America, that American presidents will never cross the line.

But the entire effort of the "founding fathers" was to establish limits on executive and other governmental powers so the people would not have to rely solely on the hope that their next leader would be compassionate and benevolent, and not a psychopathic, paranoid oppressor. This is why they established a government of laws, not of men ... laws were to protect the people from all potential abuses of power.

It is my opinion that Attorney General Mukasey's proposal is nothing less than subversive, subverting fundamental legal protections for the American people and the foundation of the American government. Subversion does not always originate from extreme left wing ideology, it also comes from extreme

ring wing ideology.

I urge all who are concerned by this new attempt at tearing the Constitution by this administration to contact Congress right away to put a stop to this silent and covert fascist revolution.

This is not about Democrats versus Republicans anymore, but about America versus a new kingdom, and I hope all who can see clearly past political differences join in to save what is left of the legal fabric of this nation.

Raphael Montoliu live in Lakeport.

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For those who care to hear.
written by James, August 03, 2008

We have no Constitution. The replacement has been completed, we are ruled with rules,regulations,procedures set up by bureaucrats for bureaucrats to proteact bureaucrats. The premise for our independence was justice and the law was to insure by the bill of rights and amendments the power was in our hands not the governments.To that end we have tyrants masquerading as the keepers of our libertys. The oath is admenistered as a smoke screen no more than rouge a makeup to hide who they really are. So to that end we will go the way as all others. What we were, we are not and will die with that fact.

Concerted action is needed
written by futhark, August 03, 2008

The enemies of Constitutional government and Liberty under the law are more to be found in the offices of the Executive Branch of the federal government in Washington, DC, than they are in the hills and deserts of the Middle East. If we are to have any chance at preserving our Republic and the gifts of liberty for which our forebears sacrificed so much, Congress must act forcefully to defend them against the insults and usurpations they have suffered and to remove from public office those who have betrayed our Revolution.

One positive development is that increasingly the more progressive "liberals" and the libertarians seem to be working toward the common goal of maintaining (or reinstating) Constitutional government. Libertarian Presidential candidate Bob Barr gave valuable at the House Judiciary Committee hearing on the crimes and excesses of the Bush/Cheney/Rove Administration. Left and right are setting aside some of their battles on "wedge" issues like abortion to meet the more imminent challenge of defending representative, responsible government and human rights. Nonpartisan internet organizations like strangebedfellows.com and downsizedc.org are working toward building an awareness of the magnitude of the problem and offering a proactive approach. The ACLU is on the forefront of both legal and political action to turn back the threat of an authoritarian takeover of our government.

Even Congressman Mike Thompson, who has consistently opposed the impeachment of Bush and Cheney has written, in the wake of the House Committee testimony, that he thinks the subversion of law and ethics by these executives ought to be further investigated and he would support impeachment if such hearings revealed a pattern of serious offenses. If the House has the guts to continue these hearings, there is no doubt that the number and magnitude of high crimes and misdemeanors revealed would continue to increase.

As long as there are people who think the enjoyment of liberty in an open society with a government responsible to its citizens is a goal worthy of sacrifice then there is hope that we can reclaim what has been lost over the last 8 years. However, this will not be achieved unless we are willing to do the work of communicating with each other and our representatives on these issues.

Strangebedfellows
written by futhark, August 03, 2008

Strangebedfellows is at http://www.accountabilitynowpac.com/

Good article RM
written by Donna Christopher, August 03, 2008

I think Mukasey uses the Constitution like a roll of Charmin. In all fairness we do have to give Bin Laden a bit of credit as an adversary. He played Bush, and many freaked out Americans after 9/11, like a fiddle. He couldn't have drafted a better plan to shred the Constitution, deplete our nations treasury and spill the blood of many. Bush is either a puppet or an accomplice.

Another
written by purplegirl, August 03, 2008

Another excellent article, Raphael. Very poignant.

"The fact that they alone could declare who was an enemy, and that they had free rein to determine the appropriate punishment of individuals perceived to be threats, was, among other things, what defined their governmental systems to be tyrannical, oppressive and bloody."

I find it amazing, how this can happen, even today. It is as if the general collective swarm of society has no brain at all and is still relying on the queen bee (or king bee, as it seems more relevant, today) to choose for them their thoughts and actions. I suppose, people in general feel safer among the protective buzz of "royalty", even today. If only we could reverse that collective unconsciousness and turn it into some positive productive collective consciousness to change our world for the better rather than allowing someone else to make changes in our world for the worse.

What I really find a bit ridiculous is that we are now attempting to declare wars against movements rather than countries. How does one truly declare a war against a movement, anyways? Probably the same way one declares a war on drugs. We saw how well that has worked out. Maybe, they can run this new war as efficiently as the have run the undeclared war against our civil liberties. Now, THAT would be quite a feat

cheese wiz
written by boondoggle, August 03, 2008

When the 2000 election was stolen no one spoke up, they let the Supreme Court select the president. When the voting machines were fixed in Ohio and other states no one protested the so called 2004 reelection of Bush. Now we are reaping the harvest of inaction. The ACLU and other civil rights organizations are left to sue the government to get these executive orders overturned and how many of you support them. Send the ACLU a check to help them fight for our rights before we have no rights left. Here lies America killed by laziness, dumbness and lack of creativity and an inability
to take positive action.

so true
written by Baxter, August 05, 2008

Thank you, Raphael, for writing this articulate, wise and passionate piece.

Regarding impeachment of those who have engaged in criminal behavior and worked actively to undermine the Constitution of the United States and the freedoms of all Americans -- I am heartily in agreement that Bush & Cheney and their cohorts should be impeached. HOWEVER, I ask you all to consider the full ramifications and potential for mishap that could accompany such proceedings.

Right now, a growing number of conservative Americans have already awakened to the reality of how far Bush & Cheney have led this country astray. HOWEVER, if they are pushed against the wall by impeachment proceedings, they may react by "closing ranks." They would go into defensive mode. Any hope that they might cross the party line and vote for a Democratic candidate could be lost.

I believe that impeachment proceedings at this late date would serve McCain far better then they would serve Obama. Such proceedings would polarize the Right even more than it is usually polarized.

Please keep that in mind. For the good of the country, we need a change. It is several years too late for impeachment proceedings to be effective in leading to a change for the better. More likely, such proceedings would result in a backlash that could help put McCain over the top. Then we'd just have 4-8 more years of the same bad policies that have driven this country off the deep end.

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