Friday, May 9, 2014

Chris Hedges: We're Losing the Last Shreds of Legal Rights to Protect Ourselves from Oligarchy | Alternet

When really smart people start "tossing" out terms like oligarchy, fascism, and tyranny I have a tendency to listen and read what they think. I may not always understand the "real" issues (as in this case I have not followed the NDAA stuff maybe like I should), but I try to stay informed and re-think my biases in the process.

The following is from Chris Hedges who offers his take on a case he is involved with. Besides what is highlighted, two things stood out to me. 1] "There is little left of judicial review of presidential action during wartime.” To which I ask, is this NDAA issue only "important" during war-time? And 2] Hedges mention the Snowden debacle. Do I need to re-think my bias? In other words even though "good" may be coming about because of what he did, I still believe how he did it and his actions after the fact are wrong.
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The U.S. Supreme Court decision to refuse to hear our case concerning Section 1021(b)(2) of the National Defense Authorization Act (NDAA), which permits the military to seize U.S. citizens and hold them indefinitely in military detention centers without due process, means that this provision will continue to be law. It means the nation has entered a post-constitutional era. It means that extraordinary rendition of U.S. citizens on U.S. soil by our government is legal. It means that the courts, like the legislative and executive branches of government, exclusively serve corporate power — one of the core definitions of fascism. It means that the internal mechanisms of state are so corrupted and subservient to corporate power that there is no hope of reform or protection for citizens under our most basic constitutional rights. It means that the consent of the governed — a poll by OpenCongress.com showed that this provision had a 98 percent disapproval rating — is a cruel joke. And it means that if we do not rapidly build militant mass movements to overthrow corporate tyranny, including breaking the back of the two-party duopoly that is the mask of corporate power, we will lose our liberty.

“In declining to hear the case Hedges v. Obama and declining to review the NDAA, the Supreme Court has turned its back on precedent dating back to the Civil War era that holds that the military cannot police the streets of America,” said attorney Carl Mayer, who along with Bruce Afran devoted countless unpaid hours to the suit. “This is a major blow to civil liberties. It gives the green light to the military to detain people without trial or counsel in military installations, including secret installations abroad. There is little left of judicial review of presidential action during wartime.”

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Judge Forrest, in her 112-page ruling against the section, noted that under this provision of the NDAA whole categories of Americans could be subject to seizure by the military. These might include Muslims, activists, Black Bloc members and any other Americans labeled as domestic terrorists by the state. Forrest wrote that Section 1021(b)(2) echoed the 1944 Supreme Court ruling in Korematsu v. United States, which supported the government’s use of the military to detain 110,00 Japanese-Americans in internment camps without due process during World War II.

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The goals of corporate capitalism are increasingly indistinguishable from the goals of the state. The political and economic systems are subservient to corporate profit. Debate between conventional liberals and conservatives has been replaced by empty political theater and spectacle. Corporations, no matter which politicians are in office, loot the Treasury, escape taxation, push down wages, break unions, dismantle civil society, gut regulation and legal oversight, control information, prosecute endless war and dismantle public institutions and programs that include schools, welfare and Social Security. And elected officials, enriched through our form of legalized corporate bribery, have no intention of halting the process.

The government, by ignoring the rights and needs of ordinary citizens, is jeopardizing its legitimacy. This is dangerous. When a citizenry no longer feels that it can find justice within the organs of power, when it feels that the organs of power are the enemies of freedom and economic advancement, it makes war on those organs. Those of us who are condemned as radicals, idealists and dreamers call for basic reforms that, if enacted, will make peaceful reform possible. But corporate capitalists, now unchecked by state power and dismissive of the popular will, do not see the fires they are igniting. The Supreme Court ruling on our challenge is one more signpost on the road to dystopia.

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It is capitalism, not government, that is the problem. The fusion of corporate and state power means that government is broken. It is little more than a protection racket for Wall Street. And it is our job to wrest government back. This will come only through the building of mass movements.

“It is futile to be ‘anti-Fascist’ while attempting to preserve capitalism,” George Orwell wrote. “Fascism after all is only a development of capitalism, and the mildest democracy, so-called, is liable to turn into Fascism.”



Chris Hedges: We're Losing the Last Shreds of Legal Rights to Protect Ourselves from Oligarchy | Alternet

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