Today's Article
Louis Fisher's new
book reviews the Bush
Administration's
denials of due legal
process for both
American citizen and
non-citizen alike.
The American Spark
U.S. Democracy Has Vastly Eroded Since 9/11, Says Legal Expert
By Cliff Montgomery - Sept. 19th, 2008
Few corporate journalists have the guts to openly attack the U.S. government's post-9/11 rejections of
Constitutional law--or to point out how many of these tyrannical power grabs have been spear-headed by the
Bush White House.
But Louis Fisher, top U.S. Constitutional scholar and separation of powers specialist at the Law Library of
Congress, discusses the matter with a clear prose in his recently released book, The Constitution and 9/11:
Recurring Threats to America's Freedoms. The work has just been published by University of Kansas Press.
Fans of The American Spark know that we often quote from Fisher's impressive analyses of U.S. law and
American freedoms.
A fine read for both the non-specialist and the expert, Fisher's new book reviews the Bush Administration's
denial of due legal process for both American citizen and non-citizen alike.
Fisher also gives an expert analysis of such anti-democratic matters as U.S. domestic spying, military tribunals,
the so-called "state secrets" privilege and Guantanamo Bay, as well as many other erosions of American
freedoms and admissions of Natural Right.
But all is not lost: Fisher reminds his readers of past attempts to quash or curtail democracy in America, and of
how each attempt eventually came to ruin and infamy.
Below we quote a few small excerpts from Fisher's new book:
"Following the terrorist attacks of September 11, 2001, the United States abandoned many of its rights and
privileges for the accused, both citizens and non-citizens."
"With political power concentrated in the President, executive branch officials met in secret to draft policies that
supported the arrest and detention of 'suspected terrorists'. [But] They saw no need to make specific charges,
provide counsel, or allow the accused an opportunity to examine evidence."
"Secret trials and the use of secret evidence became part of the war against terrorism."
"Military commissions became a substitute for civil courts and courts-martial. Suspects were flown to foreign
prisons for interrogation and torture. Some of the administration initiatives violated existing statutes and
treaties."
"In times of heightened stress and calls for 'national security', the United States was once again violating basic
principles of constitutional government and losing its leadership in the world community."
"Once again in America, emergency powers were invoked to disregard individual rights and [actually to] weaken
national security."
"[This book will consider] what steps can be taken to rekindle interest in and respect for constitutional
government, lessen the chance of future violations, and restore America's place among democratic nations."
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