Michael Kinsley’s Editorial Page Is In Da House
What gives the government the right to arrest you and imprison you indefinitely without offering a reason or opportunity to appeal? The answer, in the United States, is: Nothing gives the government that right. It is hard to see what is left of American freedom if the government has the authority to make anyone on its soil — citizen or noncitizen — disappear and then rule that no one can do anything about it.
Or so we once thought. But the Bush administration — whose convoluted memos on defining torture now rank with Bill Clinton’s definition of sex — says Congress gave it exactly this power. And when was that? Soon after Sept. 11, 2001, Congress passed a two-line resolution authorizing the use of military force against “nations, organizations or persons” engaged in terrorism. We would like to hear from any member who intended by this vote to repeal the Bill of Rights.
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President Bush and his administration say: Look, there’s a war on. And anyway, the United States is not some Latin American dictatorship of the 1970s; we can trust our government not to abuse the extraordinary power it claims. But this administration’s record of incompetence and callousness does not inspire us to lightly kiss away our constitutional protections.
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The whole point of the substantive freedoms and due process guarantees in the Bill of Rights is that freedom should not rest on any government’s claims of benevolence. Now that the Guantanamo detainees have been given the right to a hearing, Americans will learn a bit more about what has happened there. As with the abuses at Baghdad’s Abu Ghraib prison, it’s likely that the more they learn, the less they’ll like it.
Read the whole thing. It sizzles.