Philosophical Musings

Philosophical Musings

Thursday, March 6, 2014

War as due process

The american constitution has strict limits on what the executive branch can do. This is a 'check & balance' that the founders worked for. It keeps executive power in check, & forbids them from making war at will. They have to go through the congress, which is like a jury in a due process judicial matter.

Say there is a threat to the nation. The president or intelligence community brings the evidence to congress. They look at it & determine if there is a need for military response.. international justice. If the evidence is vague or insufficient, congress should turn that request down. If they determine there is a direct threat to the nation, it is fitting for them to declare war & make appropriations. The president then commands the armed forces to eliminate the threat, as mandated by congress. This is the way of the american constitution. We the people, pay for the war, kill, & die in it.

But what do we have, now? A president has become judge, jury, & executioner. They say, 'trust us, we have the inside information', then proceed to bomb or invade other sovereign nations, without a declaration of war or any due process. The executive branch has taken a role that is not granted by the constitution, & now makes war indiscriminately.. killing anyone they want. This is completely contrary to a free people, ruled by Law.. we are a republic, with clear procedures for justice. It is not up to the whim of a bureaucrat to decide who lives or dies.

1. Constitutional war in america is a matter of due process. Congress must declare it, & the executive branch carries out the order. Violations of this basic protocol strikes at the very heart of what america is about. Due process, checks & balances, & separation of duties are core american values. This is the most basic covenant of american justice. Without it, we are another state centered ruling monster, with no individual rights.
2. Killing ANYONE is a violation of their individual sovereignty, & is contrary to the concept of due process. American citizens ESPECIALLY should have the full protection of the constitution, & not have their rights waived whimsically by a bureaucrat for vague notions of 'national security'. Let charges be filed, & let the accuser face the accused. Review the evidence, & let a jury of peers decide their guilt. THAT is the heritage of justice we have arrived at, & the current violations are a step backward for mankind.
3. If core values are set aside for convenience, then there are no individual rights. America is a farce.. justice, liberty, & individual freedom are an illusion & have no meaning. There MUST be consistency in our policy. It MUST reflect the core values of america, which are due process, individual sovereignty, & the securing of basic rights.
4. If liberty, due process, & the separation of powers as outlined in the constitution are ignored, we have lost the heart & soul of america. We have become just another oppressive state, where the individual's rights mean nothing, & the rulers can whimsically give or withhold our rights. The constitutional guarantees are mere suggestions to them, & their ignoring & trampling of these basic motivational ideals are a treasonous act. They are anti american, anti human, & should be deposed swiftly & ruthlessly.

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