Land Of Laws

[MM38084]

The story is oft-told, but it bears repeating.

At the close of the Constitutional Convention of 1787, a woman approached Benjamin Franklin outside Independence Hall and asked: "What have we got: A republic or a monarchy?"

"A republic," Franklin responded. "If you can keep it."

Two weeks ago, two federal appeals courts took significant, and most certainly unpopular, steps to ensure we can "keep it," when they decreed that in the United States, even suspected terrorists have rights.A New York-based court ruled U.S. citizen Jose Padilla, suspected of plotting with al-Qaida to detonate a radioactive "dirty" bomb, could not be held indefinitely as an "enemy combatant," and must be turned over to civilian courts to be charged or released.In the second case, a California court ruled 600 prisoners held at Guantanamo Bay, Cuba, must be granted access to lawyers. Most of those detainees were captured in Afghanistan.

If the government's allegations against Padilla are even remotely accurate, he deserves the most severe punishment the law will permit. The same applies to those in Cuba who sought to harm the United States.But only -- and this is the important part -- after they've had their day in court.

"Even in times of national emergency -- indeed, particularly in such times -- it is the obligation of the judicial branch to ensure the preservation of our constitutional values and to prevent the executive branch from running roughshod over the rights of citizens and aliens alike," Judge Stephen Reinhardt wrote in the California decision.The issue is far from resolved. The question of the Guantanamo detainees is already headed for the U.S. Supreme Court, and Padilla's case most likely will follow.

Many will view the courts' decisions as an indictment of President Bush's strategy in fighting terrorism, but that misses the point. This isn't about Republicans vs. Democrats or conservatives vs. liberals.Rather, it goes to the heart of what the United States is supposed to be about.It is a nation of laws, the most notable of which is the U.S. Constitution.

Nobody -- not you, not me, not even the president of the United States -- is above the law. Try selling that notion in Saudi Arabia.
Fighting terrorism is a daunting task. But breaking or usurping the law as part of that fight just won't fly. In the United States, even those accused of the most despicable of acts are entitled to due process.

That's what the courts told us two weeks ago.

The day we trash our own rules out of fear or a misguided quest for security, al-Qaida will cease to be our greatest threat.

Ben Franklin and his pals gave us quite a gift.

It's up to us to keep it.

[MORTARDUDE]

Well stated. Thanks for posting this.

Larry