A colleague of mine the chairman of Rider
Universitys American Studies Department
brought his wife and two young boys down from Manhattan
to Philly for the weekend. And so I finally got around to
visiting the year-old, multi-million-dollar, multi-media
National Constitution Center. This sprawling museum of
white stone and glass is located across a small park from
Independence Hall and the Liberty Bell. According to the
free brochure at the ticket counter, The
Centers goal is to reconnect people to their
constitutional heritage....
That was Saturday. Sunday saw me up before our guests,
gaining me the first gander at the morning paper. Here
are a few of the headlines: Iraq prison operated in
chaos. Abu Ghraib became a nightmare. Iraqi
prison torture shows a system set up to fail. And,
Will court uphold military detention?
I look back at the National Constitution Center brochure
and resume reading its goals: ... to inspire
citizens to become more knowledgeable about the
Constitution ... and to demonstrate how the Constitution
is the foundation of American law and society.
Words and images flood back from the three hours of
audio-visual presentations, video clips, computer games,
and museum exhibits used to fulfill these goals.
Speedy trial. Due process of law.
Equal protection. No cruel or unusual
punishment.
Then back to the Sunday morning headlines: As
symbols, murder and humiliation can approach
parity. Outlook is bleak for success in
Iraq. Rumsfeld is accountable, and so he must
step down. And I ask myself, how can it be that the
same American government that built that marvelous
National Constitution Center and published that inspiring
set of goals and then enlivened them with such state-of-
the-art exhibits and presentations ... how can this be
the self-same American government that is torturing Iraqi
prisoners and even imprisoning U.S. citizens without
benefit of legal counsel or their day in court?
Im no knee-jerk liberal. Ron Reagan got my vote
twice. So if the torture and detention were just
accusations, Id dismiss the allegations as
far-fetched. Or even impossible. But theres this Sunday paper, reporting the argument that
the Justice Department made in the Supreme Court last
week, that two American citizens one arrested at
OHare Airport and accused of al-Qaeda connections,
the other turned over to U.S. troops by a friendly Afghan
warlord can be imprisoned indefinitely without a
trial. And theres these photos of
Iraqis being brutalized in womens panties. And
theres that other headline:
Rumsfeld warns of worse to come. And Im
left with no choice but to try to wrap my mind around
these incredible contradictions.
I dont know how you deal with confusing
contemporary affairs. But I tend to turn to history for
help. Yet another headline gave me my hint: Post
9/11, an uneasy sense of sanction for abuse.
Looking back to what I learned at the National
Constitution Center, I realized that we Americans have
been here before. When weve been attacked,
weve bent and sometimes broken the
constitutional rules. In 1861, following the Confederate
attack on Fort Sumter, Abe Lincoln suspended the writ of
habeas corpus, that constitutional guarantee that a
prisoner could get in front of a judge and plead his
case. In 1942 Franklin Roosevelt and Earl Warren then
Californias governor agreed that American
citizens of Japanese descent should be relocated from the
West Coast to distant desert camps. In the 1950s, at the
height of the Cold War, Nixon and McCarthy hounded
suspected Reds in government, Hollywood, and organized
labor.
What do these three historical examples have in common?
Well, heres my take on them. They all sprang from a
shared sense that we were under attack and that the
perceived threat justified an extraordinary
essentially an unconstitutional response. And they
were all regretted later. For example, in a 1970s TV
interview Chief Justice Earl Warren wept as he recalled
incarcerating Japanese-Americans, many of whom lost
everything they owned. And President Bill Clinton finally
made Americas formal apology during the last
decade.
So for once lets not wait for some multi-media
exhibit in our National Constitution Center a decade or
two down the road to tell us we blew it again. Lets
put a stop to the torture and the unconstitutional
detentions now.
Jim Castagnera, a Philadelphia lawyer and writer, lives
in Havertown. He is the associate provost at Rider
University and president of the Pinnacle Employment Law
Institute. Send him email.
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