Our Tragic Flaw

I have kept my mouth shut for too long. I must unburden myself.

I have kept my mouth shut in part because I felt that what I had to say was so utterly obvious that there really shouldn't be any need to say it. But, alas, I was wrong.

I am tired of hearing lawyers of various stripes defending the special tribunals that are being set up to deal with the Guantanamo detainees. Have these people forgotten what they learned in 7th grade civics class?? Have we all??

Here's a quick refresher:

Our nation was founded on the idea that justice could only be guaranteed if ALL PEOPLE were subject to the same legal process when alleged to have committed a crime. This wild notion is known in legal circles as the RIGHT TO DUE PROCESS.

Let me clarify. The founding fathers said nothing of this being an anomolous American thing. It's not like due process is good for Americans, but really has nothing to do with the principle of justice on other continents (or other islands in our continent, for that matter). Justice is justice, and according to fundamental American values, justice REQUIRES due process.

Another point. This funny principle of due process does not vary depending on the crime. I don't recall Thomas Jefferson ever proclaiming anything like, "All people shall have an equal right to make their case before a jury of their peers...unless they have done something we really, really don't like. Then we should just waterboard them or, like, kill them or something."

Either we take democracy seriously or we don't. We can't have our democracy and eat it too. That is: we can't get all high and mighty about how virtuous we are, and then throw out the very principles of democracy whenever we can get away with it!

Wait...that's what we (the U.S.) do all the time, isn't it?

Never mind.