Saturday, January 09, 2010


Update on Our Brave New Slavery: Yes, It Applies to American Citizens, Too

I wrote a piece here a few days ago on a recent ruling by the Supreme Court, in which the justices agreed with the passionate plea of the Obama Administration to uphold -- and establish as legal precedent -- some of the most egregious of the Bush Administration's authoritarian perversions. This was the gist of the ruling:

The Supreme Court acquiesced to the president's fervent request and, in a one-line ruling, let stand a lower court decision that declared torture an ordinary, expected consequence of military detention, while introducing a shocking new precedent for all future courts to follow: anyone who is arbitrarily declared a "suspected enemy combatant" by the president or his designated minions is no longer a "person." They will simply cease to exist as a legal entity. They will have no inherent rights, no human rights, no legal standing whatsoever -- save whatever modicum of process the government arbitrarily deigns to grant them from time to time, with its ever-shifting tribunals and show trials.

One of the attorneys involved in the case rightly likened the ruling to the infamous 1857 Dred Scott decision, in which the Court declared that any person of African descent brought to the United States as a slave -- or their descendants, even if they had been freed -- could never be citizens of the United States and were not protected by the Constitution. They were non-persons under the law; sub-humans.

I noted the grim irony that this principle of non-personhood had now been reintroduced into the law of the land by our first African-American president. (But this is only to be expected, given the law of opposites that so often governs American politics: only a lifelong Red-baiter like Nixon could make an opening to Communist China; only a supposed liberal like Bill Clinton could gut the federal welfare system. And only an African-American president could reintroduce the principle of slavery and get away with it. No doubt it will be a woman president who finally re-imposes a total ban on abortion.)

... nice ...
... could you live interesting times ...

# posted by intcoex : 10:44 PM




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