Given the Bush administration’s utterly fascist approach to fighting "terrorism" - which the "unitary executive" alone may define – we, the people, may now be unable to rebel against our own government without becoming "disappeared" - as in Latin American dictatorships with their minions trained in the infamous School Of The Americas on US soil.
Today, when there is so much doubt about the reliability of voting machines, their privatization, and people rising up against "globalization" to protest what amounts to forced "free trade" without the consent of the vast majority, then these circumstances and the rebellion exception begin to have real meaning... and it is not good.
In the hands of a Bush-Cheney, Clinton, Guiliani, or any other ruling-elite driven administration, the very people-power source of our freedom from British rule may well be negated by this one word in the Constitution.
In practice, this "rebellion" exception is a license for fascism, for the arresting of dissidents, protesters, and even an entire majority of the American people who intend to rebel against a system controlled by old money with new powers.
"...no free man shall be taken or imprisoned or disseised or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land." Magna Carta, 1215
Yet the Magna Carta’s reference to the "lawful judgment of their peers" sounds like a fully-informed jury to me, and one adequately advised of jury nullification powers. Subverting this very power and recourse thru the use of military courts and secret detentions is the worst of evils, and the very birth of fascism.
Yes, we have terrorism by religious nuts today and, yes, we need extra vigilance to prevent innocent lives being lost. However, these plenipotentiary powers in the wrong hands, utilized for the wrong reasons, and with the people’s rightful powers trumped, are exactly why Habeas Corpus emerged in the first place.
"and if any person or persons shall be or stand committed or detained as aforesaid, for any crime, unless for felony or treason plainly expressed in the warrant of commitment..."
Alternatively, we must ask whether the people can use their own "rebellion" clause against our predatory ruling elites... for the subverting of the constitutional powers of the people? Rebellion against our democracy via ruling elite, appointive-body, coup d’etats like GATT-NAFTA and a planned North American Union. Now there’s rebellion for you.
So, does the meaning of "rebellion" include the on-going conspiracy of the rich against the poor and middle class? The rebellion of Corporations against governments? Of appointed bodies against the people? Of the "Federal" Reserve against the Congress and its constitutional money powers? Of corporate media against the public interest? Of the American people against a North American Union?
Who decides what rebellion is? Is protest rebellion? Is protest-rebellion treason? Is oligarchy and "managed democracy" treason? Is fighting against oligarchy rebellion or treason? Will we arrest, imprison, and torture the people, or, our predatory ruling elites?
Clearly, it depends upon who’s doing the deciding... and we still have stolen-election "decider" in office. Worse, a decider might not even be known to the public, as in the case of a rogue intelligence agency figure dictating who gets disappeared. Who would he be working for?
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
