Legal Commentary

Not Forgetting Torture

By Big Tent Democrat

Nick Kristof writes:

. . . [A]s George Santayana, the eminent Harvard philosopher wrote: “Those who forget history are destined to repeat it.” Rather than lose forever the chance to grow from our missteps, here’s a two-step proposal for confronting the past without distracting from the work on the economic crisis.

The first step is to appoint a high-level commission — perhaps a McCain-Scowcroft Commission? — to investigate torture, secret detention and wiretapping during the Bush years, as well as to look ahead and offer recommendations for balancing national security and individual rights in the future.

Kristof's good faith proposal ignores the fact that the US policy on interrogation and detention policies and on wiretapping is a live issue (the President has convened a task force to study the issues) and it is the role of Congress to investigate, oversee and enact legislation regarding these issues. I have no objection to blue ribbon commissions but the Congress can not abdicate its Constitutional responsibilities. There is work to do on these issues, and it is work for the Congress and the President. No shirking. Thus when Kristof writes:

As a nation, we’ve repeatedly trampled on individual rights during moments of national fear . . . We’ll be better off if we come to some consensus on these issues. The Kerner commission on race and the 9/11 commission are both examples of how we as a nation used such panels to gain a better understanding of our shortcomings. Such a commission would also help heal the divisions with the rest of the world and help renew America’s reputation.

(Emphasis supplied.) Kristof ignores that our Constitution requires that "consensus" be reflected in our laws, duly enacted by our Legislative Branch, with the approval of our President. We live in a representative democracy. We should honor our Constitution by living by its principles. Kristof prescribes an attempt to avoid our constitutional system. Indeed, it has been one of the most pernicious tendencies the nation has adopted in the past few decades. It is another bit of history we should avoid to repeat. Kristof's proposal would reinforce this pernicious tendency.

Speaking for me only

Full post as published by TalkLeft on January 29, 2009 (boomark / email).