Obama, Clinton and Biden on Restoring the Constitution Act

In the autumn of 2006, the Republican Congress enacted the Military Commissions Act, a law that legalized torture and abuse of prisoner, set up outrageous kangaroo courts to replace the traditional American system of justice, and revoked habeas corpus rights. With the revocation of habeas corpus, all other constitutional rights are forfeit. After all, if the government is allowed to throw some people in prison without criminal charge, and without any opportunity for legal review, much less a criminal trial, it becomes impossible to distinguish the innocent from the guilty. In such a system, anyone can be thrown into prison for any reason, and so peaceful political dissidents can be treated as if they are convicted terrorists, without justification or hope of being set free.

Thanks to the Military Commissions Act it’s just this kind of outrageous system under which we all live today. Under this system, it cannot be truly said anymore that America is free. Oh, maybe you don’t think that the government will use its new dictatorial powers against you, and that your freedoms remain intact, but the truth is that can’t really know that for certain. You have to just trust that the government will not choose to use the powers granted by the Military Commissions Act against you.

Do you really think that this government has earned that kind of trust? Senators Christopher Dodd, Russ Feingold, and Patrick Leahy don’t think so. I agree with them.

On February 13, 2007, Senators Dodd, Feingold and Leahy brought S. 576, the Restoring the Constitution Act, to the floor of the United States Senate. This act would repeal the worst parts of the Military Commissions Act. It would:

Restore habeas corpus for individuals held in U.S. custody.

It narrows the definition of unlawful enemy combatant to individuals who directly participate in hostilities against the United States in a zone of active combat, who are not lawful combatants.

Require that the United States live up to its Geneva Convention obligations by deleting a prohibition in the law that bars detainees from invoking Geneva Conventions as a source of rights at trial.

Permit the accused to retain qualified civilian attorneys to represent them at trial.

Prevent the use of evidence in court gained through the unreliable and immoral practices of torture and coercion.

Give the military judge in any tribunal the responsibility for ensuring that the jury is appropriately informed as to the sources, methods and activities associated with developing out of court statements proposed to be introduced at trial, or alternatively that the statement is not introduced.

Empower military judges to exclude hearsay evidence they deem to be unreliable.

Authorize the U.S. Court of Appeals for the Armed Forces to review decisions by the military commissions.

Limit the authority of the President to interpret the meaning and application of the Geneva Conventions and makes that authority subject to congressional and judicial oversight.

Clarify the definition of war crimes in statute to include certain violations of the Geneva Conventions.

Provide for expedited judicial review of the Military Commissions Act of 2006 to determine the constitutionally of its provisions.

So far, Christopher Dodd, Russ Feingold, and Patrick Leahy are the only senators to co-sponsor this legislation. Of these three, only Christopher Dodd is running for President Conspicuous is the complete lack of involvement by the other senators who are currently running for President. Barack Obama has not co-sponsored the Restoring The Constitution Act. Hillary Clinton is not a co-sponsor. Neither is Joseph Biden.

I can’t find any place where Obama, Clinton or Biden have even mentioned the existence of the Restoring The Constitution Act. Do they just not care about the slaughter of American freedom enabled by the Military Commissions Act?

Note to Senator Obama, Senator Clinton, and Senator Biden: This is a presidential campaign issue. It’s an issue of values. It’s an issue of character. It’s an issue of freedom. Get on the ball.

Spread the Word:

anon

February 20th, 2007 at 3:50 pm · Reply

I spoke to Obama’s office about this a few weeks ago. They assured me that Senator Obama would endorse Senator Dodd’s bill, or offer an alternative.

Peregrin Wood

February 20th, 2007 at 3:59 pm · Reply

Well, when is he going to do it?

When is Barack Obama going to stop talking and start doing something? All this empty talk is not very presidential.

Jim

February 20th, 2007 at 4:02 pm · Reply

jclifford, I can’t find cosponsorship records for this bill. Where would I look?

J. Clifford

February 20th, 2007 at 4:35 pm · Reply

You have to go to Dodd’s bills, and go through there to fing S. 576, because the lazy ass Library of Congress hasn’t entered the bill into the public record ONE WEEK after it was introduced. Earlier this morning, some of even these temporary materials were not reliably available even through this alternative route.

O'Brien

February 21st, 2007 at 8:05 pm · Reply

Attention Comrades,
Please visit http://ministryoflove.wordpress.com to learn more about our creative protest of the Military Commissions Act.
Or watch our spiffy video at http://www.youtube.com/watch?v=uOq5yHDkQgY
Links to either URL are doubleplushelpful.
Regards,
O’Brien

Ball

October 10th, 2007 at 12:47 pm · Reply

Obama’s a gutless worm with no principles to stand on.

Maybe if you form a PAC and contribute money to his campaign he’ll do something. Until then, he will go out of his way to avoid doing anything. He refused to even vote on continued Iraq war funding and the latest resolution against Iran.

jason

February 27th, 2009 at 6:45 pm · Reply

I realize this is an old story, but I take exception to the claim that the detainees had (or should have) habeas rights. Agree with the Bush Administration’s wars or not, under both international law and our system of government the President has the authority to determine who enemy combatants are in a conflict and may hold captured enemy combatants until such time as hostilities end. No nation with an Anglo-Saxon jurisprudence has ever held that POWs and detained combatants are entitled to habeas review of their detention. International law states that negotiations between the belligerent Powers is the means to settle status disputes, and the belligerent Powers may agree on a neutral Power providing a mediation role.

Koopoo

February 27th, 2009 at 8:46 pm · Reply

Wrong, Jason. These “detainees” are not being treated as POWs. If they were, they would have to be accorded Geneva Conventions rights, and they’re not. They’re accused of CRIMES, and put through kangaroo court. You can’t have it both ways. Either they’re POWs or criminal suspects. This “enemy combatant” nonsense is not a real category.