Politicians
are constantly regurgitating a false belief that national security is more
important than the rights of individuals. They are willing to do whatever it takes
to keep America "safe from the terrorists" -- even at the expense of
civil liberties and basic human rights. They attempt to justify oppressive
policies and actions that the U.S. and the rest of the civilized world have
always condemned as immoral and illegal.
What we
desperately need is for someone to explain to the Congress that national
security is, and must always be secondary to preserving our civil liberties and
ensuring that human rights are our first priority, subordinate to no other goal
or interest. We need the Congress to explain the same thing to the
president and the courts, in straightforward terms that can't be
"interpreted" by clever, smirking administration lawyers to mean
anything other than what they are intended to mean.
The
thinking seems to be that anything that might be good for the nation
automatically outweighs what might be good for the individual, and if there is
a conflict between the two, individual rights must be sacrificed on the altar
of "national security".
Nothing
could be more absurd. America doesn't work that way.
If we
place "national security" above the basic constitutional rights of
citizens, and before the inalienable human rights which are bestowed upon all
men by our Creator, exactly what is it that we are we fighting for? National
security rests solely in securing and preserving the sanctity of those
rights.
What
has been misunderstood is the definition of "nation." The security of
the nation does not just mean protecting land or physical structures. The nation
is not embodied in any physical building, nor in any abstract ideology.
The nation is embodied in the individual citizens who live in it. The People
are the nation, and the nation cannot exist without the People. The national
security of any nation can only be assessed by examining the security of
the freedoms and liberties of the People in that nation.
Do you
think the Framers would have accepted such a ridiculous notion as "the
good of the nation" being separate and apart from "the good of the
individual citizen"? Or that violations of human rights can be
justified by the necessity of protecting our physical structures from attack?
Who among us would surrender his God-given natural rights in the name of
protecting his house? Because that is essentially what the authoritarian
power-grabbers in Washington are telling us is necessary for our
"protection." They are literally trying to convince the American
People that in order to preserve our Freedom we must surrender our Liberties.
That kind of reasoning is so illogical that Jefferson and his buddies would
have laughed the Congress out of the Capitol, and run the president out on a
rail. Why do we refuse to do the same thing now?
Try to
imagine how the Framers would have reacted if a man filed suit against his
torturers and the court dismissed the case on the grounds of "state
secrets." The reality is that human rights are vastly more critical to the
survival of a democracy than any "secret" could ever be. Nothing is
more important than human rights. There is no secret -- no matter how critical --
that could possibly justify refusing to give a man who has been kidnapped and
tortured his day in court. Especially if that man was ultimately released when
his torturers realized they had the wrong man. And even more especially if the
secretary of state has acknowledged that it was a case of mistaken identity or
inaccurate information.
By
refusing to give an innocent, tortured man access to the courts, in order
to right the wrongs that were perpetrated against him, in the interest of
keeping the evidence against those who tortured him from being
exposed, the court becomes complicit in that man's torture. And it is just
as guilty as if it had repeatedly poured water down his throat. The
members of such a court that would deny Justice in the name of Secrecy might as
well have been the ones who bloodied their hands in the name of "National
Security."
The
members of that court may as well have ordered him stripped naked and
humiliated, refused him food and water, kept him in a soundproofed cell with a
sandbag on his head, wearing earmuffs, chained and shackled, soft mittens on
his hands to deprive him even of his sense of touch for long periods of time.
They may as well have personally kept the man in extreme cold, and doused him
with buckets of ice water night and day to prevent him from sleeping for
days or even weeks at a time. They may as well have been the ones who
cuffed a man's hands behind his back and suspended him by his wrists
for hours on end.
Here is
the bottom line: Individual rights are everything.
Without
individual rights, there is no freedom, there is no nation. National
security must be subordinate to individual rights. Indeed, national security is
analogous to, and dependent upon, individual rights. All of our liberties,
separate and as a whole, are derived from those rights. No president, no
legislature, and no court can legitimately rob us of those rights. Moreover,
those rights belong to all mankind. The first basic principle of America is that
all men are created equal. The second principle is that all men are endowed
with inalienable rights given to each of us by our Creator, and that no
man possesses the authority to take away what the Creator has given.
The
most valued possession a man can have is his freedom. If all men are equal, and
possess inalienable rights, how is it that justice for Americans is different
from justice for others? What happened to the blind lady? Why have the scales
of justice tipped so far to one side? Why have we forgotten that in the
absence of truth, there is no justice, and without justice, there can be
no truth?
If we
value our freedom and insist that the Rule of Law is paramount, if we truly
believe the notion that all men are equal, and are innocent until
proven guilty, how can we have the nerve, the audacity, the self-righteous
arrogance, to apply different standards to anyone else?
Because if those in power can steal one person's freedom, if they
can rob even one person of his rights and strip him of his very humanity
in the name of "national security" and then refuse that person access
to the courts in the name of "state secrets," they can do it to all
of us.