Sanity Makes a Comeback in the American Legal System

Carl Schurz had the idea right when he said "If you want to be free, there is but one way; it is to guarantee an equally full measure of liberty to all your neighbors. There is no other." Today the Supreme Court of the United States (SCOTUS) recognized that and restored habeas corpus to the American legal system, by ruling that the prisoners at Guantanamo Bay have the right to challenge their imprisonment through the federal courts. After seven years, it is about damn time.

The right to challenge one's detention is a fundamental right in any society that is functionally democratic. Habeas corpus is the fundamental building block of a system of due process. No government has the right to hold anyone, without charge and without a chance to confront the evidence against them. The United States is on shaky enough ground about being considered a democracy, what with the rampant militarism, the outrageous xenophobia and so on, not to mention the two stolen elections and the limitation of electoral choice to effectively the blue and red wings of the Party of the Wealthy.

While this ruling by the SCOTUS is important, a note of concern should be that the ruling was a 5-4 split decision. I would expect two votes in favour of stripping away a person's legal rights, from Antonin Scalia and his hand-puppet Clarence Thomas, but also joining in the dissent were Chief Justice of the United States Roberts, and Samuel Alito. The fact that all four of them thought that the rule of law was not worth protecting shows clearly that there is every danger of this decision being reversed after the next election, especially if McCain wins and gets to fill the next opening.

As a bit of a tangent, why is it that in the United States the right can get away with appointing dionsaurs to the bench, but the left is too lily-livered to appoint anyone who isn't a moderate to the Court? This is how the US wound up with a court that makes some outrageously bad decisions, and has a four-strong dissent in cases like this. At least in Canada the Liberals have sometimes appointed decent judges to the bench. Heck, Pierre Trudeau even appointed a few New Democrats (though not to the Supreme Court). When are the Democrats going to grow some spine, and appoint someone who might be on the left-wing of their party (which would still make them a centrist Liberal in Canada)? My guess is never.

Anyway, back to the main point, this is still good news. For seven years, the rule of law has been functionally suspended in the United States. This ruling doesn't bring it all back, but it is a good step in that direction. The next step is to get rid of the PATRIOT Act, that founding document of the security state.

The United Kingdom, by the way, continues to traipse merrily down the path to dictatorship by lengthening the period for which people can be held without charge to 42 days. That is absolutely unacceptable. That is six-weeks. A month and a half. And the police claim that they need this time to put together cases. Well guess what, shoddy investigation technique is no excuse for denying people basic civil liberties. Britain seriously needs a new Magna Carta, this time to set out the rights of the people as against their government. If this law is allowed to stand, the British courts are not doing their job. They have a responsibility as the third branch of government to check the excesses of the other two branches, and if they let this government, a mockery of the name Labour, go forward with this, they have abdicated their claim to their positions.

Canada can't yet crow on this front either. We have legislation allowing for people to be tried in star chambers without the right to instruct their lawyer, know the evidence against them or confront their accusers. Our government holds a number of people indefinitely without giving them a trial. As of now that power can't be used against citizens of Canada, but if the government gets used to exercising this power against non-citizens for long enough, it will decide that it also wants to use it against citizens. And then we will be at the end of democracy.

Governments serve their people, not the other way around. Governments across the west have begun to forget that. Let's remind them.

Days Remaining in Bush Presidency: 221