Is Big Brother watching every move Americans make?
Published 12:00 am Friday, December 23, 2005
I remember the Nixon presidency. It was a time of constitutional crisis in the United States.
While simplifying always has pitfalls, the short version of what happened was that the President of the United States almost defied the separation of powers within the constitution.
Indeed, the President did, during the course of those years, misuse several federal agencies in the process of re-defining “Presidential Authority.”
Mr. Nixon had the services of FBI Director J. Edgar Hoover, who investigated any Americans who were not, under the Hoover definition, patriotic enough.
This included any protesters against the war in Vietnam and any civil rights groups (all race and gender equality groups). In addition, the president directed the National Security Agency, our international security surveillance service, to spy on American citizens.
As a result of the crisis of the constitution during those years, several laws came into being to protect the country from a usurpation of power by the executive branch of the federal government.
Several congressional and judicial oversight committees were created to re-balance power and protect American citizens’ constitutional rights. From 1978 until now, the country has rested easily that our rights as citizens were safe, and our government restricted from spying on citizens who may, for any number of reasons, disagree with the government.
That security is no longer present. We now face a second constitutional crisis as serious as that of the Nixon years. We should have seen it coming.
Vice President Cheney has, since elected in 2000, argued for a more powerful executive branch of government.
President Bush has demonstrated his agreement over the years of his administration. After Sept. 11, we gave the president power to find and kill the terrorists who attacked America.
To help in the fight we created the Patriot Act. The Patriot Act has, since approved in approximately 30 seconds, needed a second look to be sure it did not violate our constitutional protections as citizens. Now, when the act should be under thoughtful review, the administration insists upon its immediate renewal “as is.” We should be concerned. We should be concerned for many reasons, including:
4Recent revelations that the FBI has been investigating Americans who oppose the war, including a Quaker peace committee, PETA and several anti-economic policy groups.
4The presidential rule that Gitmo is “out of U.S. territory” and therefore not under U.S. laws.
4The presidential decision that combatants in this war are outside of the Geneva Convention and can therefore be detained forever without legal access.
4The planting of “news” stories paid for by the administration such as those by the Department of Education advocating the No Child Left Behind program.
4The Pentagon’s planting of news stories in the war theatre.
4The suspected use of Eastern European countries to set-up secret CIA prisons.
4The revelation this week of presidential approval for the NSA to spy on American citizens without court approval.
After Nixon, a special court was established to allow a U.S. president to approve certain spy activities outside of normal channels. Foreign Intelligence Surveillance Act
simply requires a judge to approve exceptions. Since 1978, FISA has approved 99 percent of administrative requests.
And, if the need is urgent, the president can act, and then have 72 hours to gain FISA approval. Our president has elected to avoid FISA and approve the activities himself.
Make no mistake; this is as much a constitutional crisis as the Nixon presidency created.
No U.S. president is above upholding the constitution, beyond protecting our individual rights.
This president cannot believe the lessons of the past are not relevant today. Mr. President, avoid a constitutional crisis and stop the NSA activities now.
Dr. Jim Crawford is a local political enthusiast. He can be reached at drjim893@msn.com.