WAR AND PEACE COLUMN – by David Boje. To appear in Bulletin May 1, 2003
‘WHY DO YOU PROTEST?’ shouts the motorist speeding past our weekly PeaceAware Peace Vigil, as he flips me off. When I was drafted into the Army, I took an oath to defend the U.S. Constitution against domestic enemies for the rest of my life:
"I, ____________, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic... So help me God"
And Guess what, the U.S.A. PATRIOT act is an enemy. By the way, always capitalize this acronym, "Uniting & Strengthening America Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” (signed by Bush into law Oct. 26, 2001).
This act is more than McCarthy blacklists or replacing ‘communist’ with ‘terrorist.’ It is so loosely worded, it appears anything you do could be construed as “terrorist.” Once labeled “terrorist,” search warrants are no longer necessary You can be arrested without charges, tried in secret, and jailed in hush-hush prisons. Break-ins and wiretaps that were illegal under Watergate are now SOP.
My wife and I were signing a new mortgage, when the manager informed us: “under the U.S.A. PATRIOT act I must send copies of your photo-ID to Homeland Security.” I reacted, “You’re kidding!” He explained, “The main office told me for land transactions, I must send it in.” A local dentist is having patients sign waivers to surrender all X-rays to Homeland Security. A University police officer handcuffed, and then leg-shackled me for an hour with no call to a lawyer, no Miranda rights read, and no charge filed.
At PeaceAware, we assemble and engage in free speech with signs supporting peace and reclaiming civil liberties. When we cannot peacefully hold signs and gather together, then this 1st Amendment dies:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
In 342 pages (did any congressmen read it) this Act removes checks and balances that previously gave courts the opportunity to ensure that the executive branch did not abuse their power.
1. Freedom of assembly is subject to conviction on terrorism charges, especially if violence erupts, or even minor acts of vandalism happen.
2. Expands scope of surveillance on Peace and Religious Groups. Spying can be done without probable cause. Homeland Security can spy on your web surfing, and tap your phone and email, even get names of books you check out at the library. ‘Yes, even if you are not the target of any criminal investigation.’
3. Allows clandestine searches of homes and offices in ‘sneak and peek’ operations. ‘Is this why my locked front door was open when I got home?’
Wiretaps were placed on members of the UN Security Council before U.S. went to war with Iraq. Now, there is another act being proposed.
‘Son of PATRIOT,’ officially known as ‘Domestic Security Enhancement Act of 2003’ is an even more serious enemy of the Constitution. Besides threats to 1st Amendment, scrap the 4th Amendment prohibition of illegal search and seizure, and 6th Amendment right to speedy public trial. Speak now to stop this. Here is what this new Act could do:
1. Drive U.S. citizens from their native land. Get expatriated if you contribute money to a group that (unknown to you) donates to some other group that John Ashcroft puts on his “terrorist organization list.” You could kiss your citizenship Goodbye for just attending a meeting on Ashcroft’s list.
2. Ashcroft has the power to declare international students (and other aliens) removable as “danger to national security.” Expedited deportation can occur without a hearing.
3. Allows Homeland Security access to credit, medical, mortgage, and education records. And you will never be told.
4. Results in even more secrecy about government detainees. Family and friends cannot obtain information.
5. Amends Foreign Intelligence Surveillance Act so wiretaps do not require a declaration of war.
U.S.A. PATRIOT and Son of PATRIOT are threats to the U.S. Constitution. This is why cities are passing resolutions against it – see www.PeaceAware.com for info and for Peace Vigil time and places (Wear a mask if you are an alien). If you have a question you want me to answer in the next column, send to Dialog@PeaceAware.com
David Boje is a Ph.D. and professor of Management at New Mexico State University. He is co-organizer of www.PeaceAware.com and editor of www.TamaraJournal.com