
from I can has cheezburger
Her face is turned toward the past. Where we perceive a chain of events, she sees one single catastrophe which keeps piling wreckage and hurls it in front of her feet. The angel would like to stay, awaken the dead, and make whole what has been smashed. But a storm . . . . irresistibly propels her into the future to which her back is turned, while the pile of debris before her grows skyward. (Walter Benjamin, revised)
While saying Hamdi had the [habeas corpus] right to challenge his detention, the Court eviscerated that right by the applying a "balancing test" used in civil cases--a test that in fact originated in the context of the deprivation of welfare benefits. Rather than requiring the Government to supply probable cause of criminal activity in order to detain Hamdi, Hamdi has to somehow prove that he isn't what the Government says he is. The Court pointed out that the lower court "apparently believed that the appropriate process would approach the process that accompanies a criminal trial."In an essay titled “Guantanamo and the New Legal Order,” in the May 2005 Monthly Review, Jean-Claude Paye writes,
Well, yes, a person being held in custody has the right to be charged with a crime or released. But the Court rejected this approach, [though] it is hard to see why the Court would refuse to apply criminal procedural protections to challenges to the detention of persons who have claimed innocence. Innocent until proven guilty is supposed to be our standard.
The “war against terrorism” has provided all executive branches of the leading Western governments with a perfect opportunity to make some deep adjustments to society. These changes are so far-reaching that they approach a shedding of the old political regime. We in the West are witnessing a reversal of the role of criminal procedure right across the board. Its usual function—to guarantee fundamental freedoms and cap the powers of police and government—is morphing into the opposite, a suspension of constitutional order. By extending exceptional proceedings to all stages of the criminal process—from inquiry to trial—private life is being invaded and the expression of public freedoms chilled. . . .As Paye notes, the move toward centralized rule by executive decree is part of a large-scale political shift. But we can also see an attempted small-scale version of this move in the city of Portland, Oregon. Ballot Measure 26-91 would transform Portland’s committee-style government, giving greater power to the mayor, currently former police chief Tom Potter. And as Dave Mazza reports in the May 2007 Portland Alliance, the charter revision campaign has been financed chiefly by big business.
These measures are common to all nations, but the United States goes one step further. It has set about reorganizing its penal system by making outright violence an integral part of the legal system. Such action affects foreign nationals accused of terrorism or U.S. citizens labeled as “enemy combatants” by the Pentagon, and whose constitutional guarantee that they would not be deprived of liberty without due process of law has been suspended ….
In the state of emergency the extent of the powers magistrates have at their disposal is a direct result of the suspension of laws limiting their privileges. The extraordinary powers of both the executive and police stem from diminishing the mechanisms that protect fundamental freedoms. The state of emergency is a state without law.
Knowing the nature of the political and judicial system of this country, its inherent bias against the poor, against people of color, against dissidents, we cannot become dependent on the courts, or on our political leadership. …
[T]he most important job citizens have […] is to bring democracy alive by organizing, protesting, engaging in acts of civil disobedience that shake up the system.
"The radical Christian right . . . has built a binary worldview of command and submission wherein male leaders, who cannot be questioned and claim to speak for God, are in control and all others must follow. Any lifestyle outside the traditional model of male and female is a threat to this hierarchical male power structure. Women who do not depend on men for their identity and their sexuality, who live outside a male power relationship, challenge this pervasive cult of masculinity, as do men who find tenderness and love with other men as equals. The lifestyle of gays and lesbians is intolerable to the Christian right because its existence is a threat to the movement’s chain of command. . . .
This hypermasculinity, which crushes the independence and self-expression of women, is a way for men in the movement to compensate for the curtailing of their own independence, their blind obedience to church authorities and the calls for sexual restraint. The images of Jesus often show him with thick muscles, clutching a sword. Christian men are portrayed as powerful warriors. Jesus’ stoic endurance of the brutal whippings in Mel Gibson’s movie The Passion of the Christ presages the brutal, masculine world of this ideology. . . . Jerry Falwell, in a New Yorker interview, said Christ was not a gentle-looking, willowy man: “Christ was a man with muscles,” he insisted. Falwell and Gibson see real men, godly men, as powerful, able to endure physical pain and suffering without complaint. Jesus, like God, has to be a real man, a man who dominates through force. The language of the movement is filled with metaphors about the use of excessive force and violence against God’s enemies.
The unspoken truth is that Christian men are required to have a personal, loving relationship with a male deity and surrender their will to a male-dominated authoritarian church. . . . Glorified acts of force and violence against outsiders, against nonbelievers, compensate for this unquestioning submission. The domination that men are encouraged to practice in the home over women and children becomes a reflection of the domination they are taught to endure outside the home.
This cult of masculinity keeps all ambiguity, especially sexual ambiguity, in check. It fosters this world of binary opposites: God and man, the saved and the unsaved, the church and the world, Christianity and secular humanism, and male and female. There runs through this radical belief system a dread of disorder and chaos. The belief in a binary universe helps believers avoid confronting the confusion of human existence. Reality, when it is defined in these absolutes, is made predictable and understandable. All configurations of human life that do not conform to [this] rigid [. . .] model, such as homosexuality, are forms of disorder and tools of Satan and must be abolished. A world that can be predicted and understood, a world that has clear markers, can be managed and controlled."