What is becoming of America should give us pause. We are in what I call a "post constitutional drift," and it worries me that we so easily, without debate, are confidently moving away from our foundations.
There have been two provocations for this. The first was the attack on 9/11. President George W. Bush seized unprecedented power for the executive branch of government.
The second has been our Great Recession. The last time we had the Great Depression it sparked the rise of Hitler and Stalin and World War II. You cannot have that much wealth taken from that many people without sociopolitical repercussions. But it also gave the world FDR and Churchill.
As a student of history I wondered what cataclysmic changes our Great Recession would birth. And lo and behold, the biggest change was us. President Barack Obama seized on economic events to assert government involvement on a breathtaking scale. Even former socialist countries in Europe were aghast. Welfare was increased to the masses while corporate welfare was even more lavish. The result? The rich got richer and the poor got poorer at an astounding rate.
During Bush we had our moment of nationalism; in Obama, socialism. Unless we can recapture the ideals of our American Constitution quickly, we are destined to experience our own American version of national socialism.
We wage pre-emptive wars, torture our captives and monitor our own citizens on a massive scale. Our government agencies are accountable to no one and openly defy, even lie to Congress. Consider this, only a few years ago a president could not get a wire tap without a judge. Now he can kill you.
In 1946 we joined an international tribunal which indicted Nazi war criminals. One of the four counts was defined as "war of aggression." Our prosecutor, Supreme Court Justice Robert Jackson, made an eloquent case against what is now American policy, the immorality of a so-called "pre-pre-emptive war."
Jackson's opening statement at Nuremberg should be required reading for television pundits. He pointed to the June 30, 1934 Blood Purge as the turning point in German justice.
Without formal charges or a trial Hitler ordered the execution of Nazi Brown shirts, (terrorists) who were suspected of planning a counter revolution. "In this hour I was responsible for the fate of the German people," Hitler later reported to the Reichstag and the nation, "And thereby I became the Supreme judge." The decision was applauded in Germany. But Jackson asserts that it was this abandonment of Germany's own constitution that began its descent into lawlessness.
Barack Obama's decision to kill American citizen Anwar al-Awaki, is intriguing. Al-Awaki was a one-man Islamic propaganda machine. His online sermons of hatred inspired terrorism. In Nuremberg, only one top Nazi propogandist was in the docket. He was Hans Fritzsche, a popular Nazi radio voice. But as repugnant as his words had been, the American, Soviet, British and French judges acquitted him.
Months after the al-Awaki death, his sixteen year old son, an American citizen born in Denver, Colorado, with no ties to radical Islam, went to Yemen in search of his father's body. He was likewise killed by an American drone. We call it a mistake.
Throughout our history we have condemned torture. The Eighth Amendment to the Constitution prohibits "cruel and unusual punishments." Our motion pictures and culture have shown the barbarism of our enemies. The Japanese and the Germans tortured, so did the North Koreans and later the Viet Cong and North Vietnamese. Who can forget Michael Cimino's gut wrenching scenes from "Deer Hunter"?
Now, in the new post constitutional America, we too, torture. Legally, we do "a little sidestep" in the tradition of Charles Durning in "The Last Little Whore House in Texas." We torture outside the United States and thus our Justice Department contends we are not violating the Constitution.
It isn't too late. There are about 50 men and women in this country who run the television industry. The are far more powerful than members of the Federal Reserve, or elected officials, such as members of congress. They and their television companies have the power to open up a debate on all of this.
If not, we are in the process of losing the great American experiment without even a chance to say goodbye. It's the end of America as we know it.
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