Balkin on unlawful enemy combatants

[mmcirvin]

Jack Balkin explains in more detail how the Military Commissions Act could be used to indefinitely detain citizens. (I'm pretty sure this is what at least the administration intends, since it more or less ratifies what they did to Jose Padilla.)

Comments

[jwgh]

I don't really know what to do about this, other than get angry and depressed. Rhode Island's senators and reps all seem to be reliably anti-torture, so I guess I could write to them and tell them to keep fighting the good fight.

[jwgh]

One of our Senators, of course, is a Republican: Lincoln Chaffee. I feel obligated to vote for his Democratic opponent, just because getting a Democratic majority in the Senate is so important; but I also feel a bit like a jerk writing him a nice letter thanking him for opposing torture when I have no intention of voting for him.

In a way, it's all pretty moot, since I will be pretty surprised if he comes close to losing.

Also, it is sad that I have come to view 'opposes torture' as a sign of a principled legislator, rather than being able to take it for granted.

[urbeatle.livejournal.com]

It is sad that I have come to view 'opposes torture' as a sign of a principled legislator, rather than being able to take it for granted.

.

I would include that sentence in your letter, maybe followed with something like "I am glad that our representatives have strong moral values and choose to do what is good instead of what seems expedient."

[paracelsvs.livejournal.com]

I am tangetially reminded that I recently realized that back in the eighties or so, you might joke if somebody was travelling to the US that they'd get shot, and if they were going to Russia that they'll be arrested.

Now, it's the exact opposite.

[jwgh]

Right now, if you travel to the US you could end up in Russia (or in the general area at least). Vaht a canntry!

[mmcirvin.livejournal.com]

By the way, I should also make it clear that I think the act is an abomination even if it is only applied to noncitizens. There's nothing in the Bill of Rights or the Constitution's habeas corpus provision that actually mentions citizenship status, for one thing; for another, noncitizens in the US may not be able to vote but they still have to obey the laws and pay taxes, so I see no reason they should lack basic constitutional protections.

[jwgh]

I understand that, as a matter of legality, citizens and non-citizens could be treated differently in this regard, but I have trouble in seeing how someone who had a moral objection to treating citizens in this way would not have such an objection to treating other people like that.

[mmcirvin.livejournal.com]

Right, it's the difference between "we're so great that these rights are prizes we deserve" and "here are some things our government doesn't do to anybody, because we are decent".