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rounding up u.s. citizens

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At 11:19 PM 10/3/06, you wrote:

>Rounding Up U.S. Citizens

>

>Because the bill was adopted with lightning speed,

>barely anyone noticed

>that it empowers Bush to declare not just aliens, but

>also U.S. citizens,

> " unlawful enemy combatants. "

>

>By Marjorie Cohn

>

>The Military Commissions Act of 2006 governing the

>treatment of detainees is

>the culmination of relentless fear-mongering by the

>Bush administration

>since the September 11 terrorist attacks.

>

>Because the bill was adopted with lightning speed,

>barely anyone noticed

>that it empowers Bush to declare not just aliens, but

>also U.S. citizens,

> " unlawful enemy combatants. "

>

>Bush & Co. has portrayed the bill as a tough way to

>deal with aliens to

>protect us against terrorism. Frightened they might

>lose their majority in

>Congress in the November elections, the Republicans

>rammed the bill through

>Congress with little substantive debate.

>

>Anyone who donates money to a charity that turns up on

>Bush's list of

> " terrorist " organizations, or who speaks out against

>the government's

>policies could be declared an " unlawful enemy

>combatant " and imprisoned

>indefinitely. That includes American citizens.

>

>The bill also strips habeas corpus rights from

>detained aliens who have been

>declared enemy combatants. Congress has the

>constitutional power to suspend

>habeas corpus only in times of rebellion or invasion.

>The habeas-stripping

>provision in the new bill is unconstitutional and the

>Supreme Court will

>likely say so when the issue comes before it.

>

>Although more insidious, this law follows in the

>footsteps of other

>unnecessarily repressive legislation. In times of war

>and national crisis,

>the government has targeted immigrants and dissidents.

>

>In 1798, the Federalist-led Congress, capitalizing on

>the fear of war,

>passed the four Alien and Sedition Acts to stifle

>dissent against the

>Federalist Party's political agenda. The

>Naturalization Act extended the

>time necessary for immigrants to reside in the U.S.

>because most immigrants

>sympathized with the Republicans.

>

>The Alien Enemies Act provided for the arrest,

>detention and deportation of

>male citizens of any foreign nation at war with the

>United States. Many of

>the 25,000 French citizens living in the U.S. could

>have been expelled had

>France and America gone to war, but this law was never

>used. The Alien

>Friends Act authorized the deportation of any

>non-citizen suspected of

>endangering the security of the U.S. government; the

>law lasted only two

>years and no one was deported under it.

>

>The Sedition Act provided criminal penalties for any

>person who wrote,

>printed, published, or spoke anything " false,

>scandalous and malicious " with

>the intent to hold the government in " contempt or

>disrepute. " The

>Federalists argued it was necessary to suppress

>criticism of the government

>in time of war. The Republicans objected that the

>Sedition Act violated the

>First Amendment, which had become part of the

>Constitution seven years

>earlier. Employed exclusively against Republicans, the

>Sedition Act was used

>to target congressmen and newspaper editors who

>criticized President John

>Adams.

>

>Subsequent examples of laws passed and actions taken

>as a result of

>fear-mongering during periods of xenophobia are the

>Espionage Act of 1917,

>the Sedition Act of 1918, the Red Scare following

>World War I, the forcible

>internment of people of Japanese descent during World

>War II, and the Alien

>Registration Act of 1940 (the Smith Act).

>

>During the McCarthy period of the 1950s, in an effort

>to eradicate the

>perceived threat of communism, the government engaged

>in widespread illegal

>surveillance to threaten and silence anyone who had an

>unorthodox political

>viewpoint. Many people were jailed, blacklisted and

>lost their jobs.

>Thousands of lives were shattered as the FBI engaged

>in " red-baiting. "

>

>One month after the terrorist attacks of September 11,

>2001, United States

>Attorney General John Ashcroft rushed the U.S.A.

>Patriot Act through a timid

>Congress. The Patriot Act created a crime of domestic

>terrorism aimed at

>political activists who protest government policies,

>and set forth an

>ideological test for entry into the United States.

>

>In 1944, the Supreme Court upheld the legality of the

>internment of Japanese

>and Japanese-American citizens in Korematsu v. United

>States. Justice Robert

>Jackson warned in his dissent that the ruling would

> " lie about like a loaded

>weapon ready for the hand of any authority that can

>bring forward a

>plausible claim of an urgent need. "

>

>That day has come with the Military Commissions Act of

>2006. It provides the

>basis for the President to round-up both aliens and

>U.S. citizens he

>determines have given material support to terrorists.

>Kellogg Brown & Root,

>a subsidiary of Cheney's Halliburton, is constructing

>a huge facility at an

>undisclosed location to hold tens of thousands of

>undesirables.

>

>In his 1928 dissent in Olmstead v. United States,

>Justice Louis Brandeis

>cautioned, " The greatest dangers to liberty lurk in

>insidious encroachment

>by men of zeal, well meaning but without

>understanding. " Seventy-three years

>later, former White House spokesman Ari Fleischer,

>speaking for a zealous

>President, warned Americans " they need to watch what

>they say, watch what

>they do. "

>

>We can expect Bush to continue to exploit 9/11 to

>strip us of more of our

>liberties. Our constitutional right to dissent is in

>serious jeopardy.

>Benjamin Franklin's prescient warning should give us

>pause: " They who would

>give up an essential liberty for temporary security,

>deserve neither liberty

>or security. "

>

>Marjorie Cohn, a professor at Thomas Jefferson School

>of Law, is

>president-elect of the National Lawyers Guild, and the

>U.S. representative

>to the executive committee of the American Association

>of Jurists. Her new

>book, Cowboy Republic: Six Ways the Bush Gang Has

>Defied the Law, will be

>published in 2007 by PoliPointPress.

 

******

Kraig and Shirley Carroll ... in the woods of SE Kentucky

http://www.thehavens.com/

thehavens

606-376-3363

 

 

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