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Constitution, Flag, and Leaving Iraq

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But, then, according to our Constitution, only the Congress has the power to declare war.  According to the First Amendment our freedom to speak, assemble, and petition our government for redress of grievances cannot be abridged.  The Fourth Amendment bans unreasonable searches and seizures.  The Fifth Amendment guarantees due process of law to anyone charged with a crime.  The Sixth Amendment guarantees a speedy and public trial and the right to defend oneself in court.  The Seventh Amendment gives us the right to a trial by jury.  The eighth amendment bans cruel and unusual punishments.  All of these rights and more are now in jeopardy. 

There are a great many rights the Constitution has never yet included.  And many of these it does include were added, either as part of the Bill of Rights or later.  The Constitution was written for wealthy white males, but it was written to institute a rule not of men but of law.  It was written as a law that could be changed and would tend to be changed for the better.  Article I, by far the longest section of the Constitution, about half the total length of the Constitution, provides powers to what was meant to be the most powerful branch of the U.S. government, the Congress.  The shorter articles II and III provide powers to the president and the Supreme Court.  Articles IV through VII are very short.  Article IV describes the rights of states.  Article V describes the procedure for amending the Constitution.  Article VII describes the procedure for ratifying the Constitution.  And Article VI, while very short, jumps among topics, but includes this key phrase:

"[A]ll Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land."

That includes, incidentally, the Geneva Conventions, which make it illegal to obey an illegal order, and the United Nations Charter which makes it illegal to launch a war against another nation, except in self-defense.  The United States has violated many treaties.  Just ask the people who used to live here.  But our Constitution, which is worth whatever we stand up and make it worth, says that treaties are not jokes or lies.  Other nations are not children or devils.  Treaties we make with other peoples are the supreme Law of the Land.

The U.S. Constitution has held together an imperfect democracy for over 200 years.  No document is worthy of more respect.  And yet, if I were to rip up a copy of the Constitution, nobody would have a heart attack.  It's not a sacred document.  It doesn't come with music and cannons.

The Constitution is quite different in this regard from the U.S. flag.  Every morning, millions of U.S. children are trained to stand like zombies and pledge allegiance not to honesty or courage or integrity but to a stupid striped rag with some stars in the corner.  Then, in most cases, they observe a time for prayer that they call with a wink a "moment of silence."  And their hearts learn to flutter for that rag.  If someone tears one up or burns one, they are offended.  They are offended enough to distract them from the loss of eight of the 10 amendments in the Bill of Rights. 

The flag does not bring with it the rule of law, but the rule of men, the rule of whoever waves the biggest flag.  And it comes with divisiveness and war.  Other nations are those who do not pledge allegiance to our flag.  Our side is in competition with theirs, and the important thing is that our side must win.  Never mind if that means killing our people and their people.  We are not thinking citizens of one nation among many, we are flag waving partisans for a team.  We don't speak of occupation but of war, because a war can be won or lost, and deep in our hearts we hope it can be won by the red white and blue.  We hope that the fate of millions of living breathing human beings can be subservient to the fate of a stupid striped rag. 

In the words of George W. Bush, "God bless the people of this part of the world." 

No.  I say no to flags and yes to the rule of laws.  Thomas Jefferson said:

"As to myself, I love peace, and I am anxious that we should give the world still another useful lesson, by showing to them other modes of punishing injuries than by war, which is as much a punishment to the punisher as to the sufferer." 

And he said this:

"If there be one principle more deeply rooted than any other in the mind of every American it is that we should have nothing to do with conquest."

So, I say keep your rockets' red glare and your bombs bursting in air, and give me a more perfect union, justice, domestic tranquility, a common defence, general welfare and the assurance of the blessings of liberty for ourselves and our posterity.

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David Swanson is the author of "When the World Outlawed War," "War Is A Lie" and "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union." He blogs at http://davidswanson.org and http://warisacrime.org and works for the online (more...)
 
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