[D66] Obama, Congress back legalization of a police state

[Antid Oto]

Obama, Congress back legalization of a police state
16 December 2011

The US Senate’s approval Thursday of legislation allowing the indefinite
military detention of US citizens without charges or trials marks a new stage in
a decade of uninterrupted assault on the most fundamental democratic and
constitutional rights.

The Senate’s 86-to-13 vote in favor of the legislation followed its approval in
the House of Representatives Wednesday. It also came after the announcement by
the White House that President Barack Obama would not exercise his power to veto
the measure, which is included in the National Defense Authorization Act (NDAA),
a $662 billion package to fund Washington’s war machine.

The bill mandates that anyone accused of being a terrorist be “detained without
trial until the end of hostilities” in a military prison. While it requires such
treatment for non-citizens, it authorizes it for citizens arrested on US soil,
if the president decides they merit this extra-constitutional punishment.

This piece of legislation enshrines in law the worst of the crimes carried out
under the Bush administration and provides legal sanction for an American
military-police state. The sweeping bipartisan support it received in both
houses of Congress has provided definitive proof that there exists no
constituency for the defense of democratic rights within the American political
establishment and its two big business parties.

For that matter, the passage of a law that shreds the founding principles of the
American republic has raised barely a murmur of concern from the
corporate-controlled mass media. They have no intention of making this a matter
of public debate. For millions of American working people, however, the action
is of the gravest importance.

The Senate’s vote came precisely 220 years to the day after the passage of the
Bill of Rights, the first ten amendments to the US Constitution, on December 15,
1791.

These amendments spelled out basic democratic freedoms—including freedom of
speech and of the press; freedom from unreasonable search and seizure; the right
to due process; and the right of anyone accused of a crime to a speedy and
public trial by an impartial jury. They were passed in order to codify the
democratic gains of the American Revolution and to protect the people of the new
republic from a return to the abuses that had been carried out against them
under the colonial rule of the British monarchy. They represented a
concretization of the “inherent and inalienable” rights proclaimed by the
Declaration of Independence to “life, liberty and the pursuit of happiness”.

With virtually no debate, and in the name of an unending “global war on terror”,
the Senate and the House have passed legislation that allows for the abrogation
of all of these rights by a president endowed with police state powers that
would amaze even old King George.

Indeed, despite the attempts of liberal and pseudo-left groups to promote
illusions that Obama would veto the legislation because of concerns over its
assault on democratic rights, the Democratic president’s only worry was that it
might call into question the sweeping powers that he and his predecessor, George
W. Bush, have already seized. Thus, the White House intervened directly in the
debate to assure the removal of language included in an earlier draft of the
legislation explicitly stating that American citizens arrested on US soil would
not be subject to indefinite military detention.

Obama had already made it clear that he upholds the power of the president to
throw anyone he chooses into a military prison without charges or trial. Indeed,
he has gone substantial steps further than his predecessor in the White House,
asserting the right to act as judge, jury and executioner in the state murder of
American citizens deemed to be terrorists. He has exercised this supposed right
in the extra-judicial execution of Anwar al-Awlaki and others.

Many of the Democrats who voted for the legislation voiced muted reservations
about the military detention provisions. Typical was Senate Majority Leader
Harry Reid, who allowed that the bill was “not perfect”, but represented “a
major accomplishment in support of our troops”. There is a definite logic to
such arguments: the unending US wars of aggression abroad are inseparable from
the assault on democratic rights and social conditions at home.

Both arise out of the historic crisis of US capitalism. This crisis finds its
sharpest expression in the historically unprecedented social polarization that
has become the defining feature of American society. The immense divide between
the financial oligarchy that monopolizes wealth together with economic and
political power, and the working class, the vast majority of the population,
which confronts declining living standards, mass unemployment and steadily
deteriorating social conditions, has never been so stark.

Based on this malignant social foundation, democratic rights and democratic
forms of rule become increasingly untenable. The ruling elite is compelled to
seek a new framework for defending its wealth and power, one that is decidedly
at odds with the principles laid down in the US Constitution and Bill of Rights.

The creation of this new framework has been in progress for over a decade.
Following a protracted period characterized by the decay of American democracy
and the growth of social inequality came the stolen election of 2000, with the
right-wing majority of the US Supreme Court installing a president who had lost
the popular vote.

Then the events of September 11, 2001, which have yet to be seriously
investigated or explained by the American government, provided the pretext for
launching two wars of aggression and enacting—with bipartisan support—a plethora
of repressive legislation, from the Patriot Act to the Homeland Security Act,
together with the adoption of torture, targeted assassination, extraordinary
rendition, domestic spying and unlawful detention as official state policy.

These methods have been continued and intensified by Obama, who won his 2008
election victory in no small part due to popular revulsion for the actions of
his predecessor. That they have now been openly enshrined in law by the
Democratic-controlled Senate, demonstrate that they were not merely the excesses
of a single president or the product of a specific right-wing ideology.

Rather, they are the outcome of the class contradictions within American society
and the historic crisis of US capitalism. With the financial meltdown of 2008
and the continuous deepening of the most severe crisis since the Great
Depression of the 1930s, the slide towards the methods of police state
dictatorship has only accelerated.

While supporters of the measures passed by the Senate Thursday invoked the
supposedly ubiquitous threat of terrorism, their insistence that the United
States itself be defined as a “battlefield” has a more far-reaching significance.

The explosive development of the Occupy Wall Street protests and the nationally
coordinated campaign of police repression used to disperse them are only a
precursor of far greater social struggles to come. Masses of working people are
being pushed into class struggle by increasingly intolerable conditions of life.

The ruling oligarchy knows that its policies of making the working class pay for
the crisis of the profit system must give rise to revolutionary social
opposition and it is preparing accordingly. The working class must do likewise,
mobilizing its independent political power in struggle against the threats of
police state dictatorship and the capitalist profit system from which they arise.

Bill Van Auken

http://wsws.org/articles/2011/dec2011/pers-d16.shtml