Wednesday, March 31, 2010

"Levying War"

Apparently the actual charge against the nine people swept up in Sunday’s raids in the Midwest is “levying war against the United States,” which if my information is correct is not an actual traditional crime, but a post-9/11 thingummy from the Patriot Act. It is used to provide a legal fig leaf for holding Muslims (or anyone else) in Guantanamo Bay and elsewhere without trial or actual charge, while at the same time denying them political or prisoner of war status.

So much for the fiction that these unconstitutional post-9/11 laws are only for Muslim foreigners with dark skins and will never be used against White Americans. Remember, guys: you may not like Apu down at the Quickie Mart, and neither do I, but
whatever they can do to him, they can do to you.

Interestingly, if memory serves, in 1865 suggestions were made by the Radical Republican faction in Congress that similar charges be laid against Jefferson Davis, Robert E. Lee, and other surrendered Confederate leaders, who actually did levy war against the United States. However, the idea was dropped and the Confederates released after about a year, because strong objections were made even within the Union establishment, many of whom did not want any kind of legal examination by the courts of the issue of secession’s basic constitutionality. They figured, “We won, so why open up that whole can of worms again?”

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