Friday, December 2, 2011

The Constitution Is Dead




Many Americans still believe that the Constitution is the supreme law of the land and that politicians, both Republican and Democrat alike, still hold that view and ensure that any and all legislation passed does not violate it. However, in today’s America, the Constitution is effectively a null and void document, nothing more than a symbol politicians pay lip service to.

The destruction of the Constitution began soon after 9/11 when the Patriot Act was pushed through Congress. In the heat of the moment it seemed as if the legislation was meant to protect us from terrorism, however it was later revealed that certain provisions blatantly violated the First, Fourth, and Sixth Amendments. [1] Interestingly enough, however, this didn’t stop the Senate from to extending the Patriot Act earlier this year [2]. In doing this, the government revealed just how much they respect the Constitution.

The next unconstitutional act to take place was under President Obama. Despite his “hope and change” rhetoric during the campaign, the only thing Obama changed was to further erode the Constitution and the power of checks and balances in government. Obama argued that the UN mandate gave him the right to bombard Libya, however the mandate has nothing to do with the fact that such an action was unconstitutional [3] as the power to declare war in held solely by Congress, not to mention the fact that it violated the War Powers Act. In carrying out this action, Obama did even more to expand the imperial presidency and showed his blatant hypocrisy as in 2007 he clearly stated that “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.” [4] (emphasis added) However, in later months he would take this disregard of the Constitution to the extreme.

Just two months ago, Obama authorized the assassination of American-born cleric Anwar al-Awlaki. While al-Awlaki was a member of Al Qaeda, he was still a US citizen at the time of his death [5] and thus he still had rights as a citizen, specifically the right due process. This never occurred with al-Awlaki. Due to al-Awlaki’s assassination, it sets a legal precedent which allows the current and future Presidents to assassinate US citizens and withhold damning evidence- if there even is any- from the public under the guise of “national security.”

Today, we see due to the brutal crackdown of the Occupy Wall Street movement in Oakland, New York, and most recently Los Angeles, that Americans are being denied their First and Third amendment rights. Mayors are sending the message that if one decides to pose a serious challenge to the status quo, they will be violently crushed.

The Constitution is dead and with it the beliefs and ideals America was founded on have also passed away. The most terrifying occurrence, however, is that Americans who are seeing their freedoms eroded are still in denial that a police state is slowly, but surely on its way.


Endnotes

1: http://www.scn.org/ccapa/pa-vs-const.html
2: http://www.foxnews.com/us/2011/05/25/senate-moves-patriot-act-extension/
3: http://www.foreignpolicy.com/articles/2011/03/24/obama_s_unconstitutional_war?page=full
4:
http://www.boston.com/news/politics/2008/specials/CandidateQA/ObamaQA/
5: http://blog.foreignpolicy.com/posts/2011/09/30/was_anwar_al_awlaki_still_a_us_citizen

2 comments:

johnnyandjune said...

A no fly zone is not an official act of war. Why would he need congress's approval. Regardless, doesn't congress supply the American funds for NATO. If congress was so against the action, they could have pulled the funding for it.

Devon DB said...

NATO's no fly zone involved the bombing of Libyan military and civilian infrastructure and is thus an act of war.

Obama himself stated that the President did not have the Constitutional authority to "unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation."

Thus, Obama himself admitted that in situations such as Libya, the President did not have the authority to militarily intervene without the consent of Congress.