Make Money on your blog or
site with Snowton

Score: Constitution 0

Dateline: 03/27/98

Have you been following the McVeigh case? If not, take a moment to at least glance at the headlines on our McVeigh News Page.

Until this past week, it was almost reasonable for some of you to say, "I'm not on AOL, so I don't care that they don't respect the privacy of members." Or, "I'm not in the military, so I really don't care if the Navy wants to lie and cheat in order to dismiss suspected gay and lesbian personnel." Or even, "I don't believe in war, so I don't understand why any self-respecting gay or lesbian would even want to be in the military."

But now, the Navy and the U.S. Department of Justice have stepped over a line that has ramifications for each and every one of us. You see, they are refusing to comply with a lawful order of a legally constituted Court.

On the off-chance that you're saying "so what?" let me refer you back to your U.S. History and government classes of your high school days....

Separation of Powers

A very simple concept, and a concept that has played an important role in keeping the United States a "free" country.

Three distinct branches of government, a "checks and balances" system:

• Executive
• Legislative
• Judicial

A pretty simple system, but it works well to control some of the excesses we read and hear about happening other countries. The legislature (made up of the House of Representatives and the Senate) passes bills (including laws), but they don't go into effect unless the Executive branch approves them (via the signature of the President), yet the Judiciary has the ability to look at a law and state that it does not fall in line with our highest authority, the Constitution of the United States, the basis principles that established the rights of the federal government versus the rights of the state governments versus the rights of the people. (Other balancing factors exist as well, the President names their cabinet, but those nominated serve "with the advice and consent of the Senate" which is how we end up with situations like the Hormel nomination being held up and during the Clinton presidency way too many judgeships remaining unfilled on the federal level.)

Judicial review brought us landmark rulings such as:

Brown vs. the Board of Topeka Education
Separate schooling was not equal schooling; equal treatment being required by the Constitution.

Miranda vs. Arizona
The case that held that one has to know their rights before being questioned regarding a crime. Before this case confessions were regularly beaten out of subjects. Who wouldn't confess to anything to avoid being beaten?

Roe vs. Wade
Supporting the fact that a woman has a right to control her body, and whether she will give birth.

Nixon vs. Sirica
Required the President of the United States to turn over tapes in accordance to a lawfully issued subpoena, stating that executive privilege did not protect these non-national security related items

But now we have two parts of the Executive branch, the Navy and the U.S. Department of Justice stating, "No, we don't want to nor have to follow your rules."

This is the same Navy whose personnel swear to defend and uphold the Constitution of the United States. The same Department of Justice whose as part of the Executive branch are bound by the President's oath to do the same.

Do I really need to draw a picture of the dangerous road we travel if we accept that the military can say "no" to a lawful order? That any part of the executive branch believes that it has a right to do so?

No, I am sure that I don't.... and the McVeigh case is now not merely a case regarding basic privacy rights, or the absurdity of witch hunts under an ignored "Don't Ask, Don't Tell" policy, but rather one that has ramifications for the orderly disposition of all disputes and conflicts, and a threat to the civil rights of each and every one of us. Gay, straight, old, young, all races, all religions....

Take a moment, and remind those in charge of these most basic rules. Before the Navy and DOJ sets a very frightening precedent.

In Pride,
Deborah

FREE MONEY
BELOW