Black Agenda Report
Black Agenda Report
News, commentary and analysis from the black left.

  • Home
  • Africa
  • African America
  • Education
  • Environment
  • International
  • Media and Culture
  • Political Economy
  • Radio
  • US Politics
  • War and Empire

Eric Holder Tortures the Constitution
07 Mar 2012
🖨️ Print Article

A Black Agenda Radio commentary by Glen Ford

U.S. Attorney General Eric Holder made the Constitution scream, in an effort to justify his president’s claim to “the power of life and death over any inhabitant of the planet, including citizens of the United States.” Discovering presidential powers never before revealed, Holder severed citizens’ rights to “due process” from the “judicial process.” Access to the courts is not required, when the president is judge, jury and executioner.

Eric Holder Tortures the Constitution

A Black Agenda Radio commentary by Glen Ford

“The rule of law has been eviscerated, abolished by presidential decree and congressional acquiescence.”

U.S. Attorney General Eric Holder this week attempted to explain how the U.S. Constitution allows the American president to be a law unto himself – to be judge, jury and executioner. Those are the powers that President Obama claims are inherent in his office: the right to kill at will, based on evidence only he is fit to examine and assess. This is a system of law without courts, without evidence that either the public or the condemned person has a right to see, or to contest. One man, with the power of life and death over any inhabitant of the planet, including citizens of the United States.

They used to call such people kings. But even the English kings of old – at least since the signing of the Magna Carta 800 years ago – were compelled to recognize the principle that free men could only be punished based on the law of the land. The United States Constitution is rooted in the principle of due process of law, with the courts as final arbiters of whether the law has been served.

With the passage of preventive detention without trail or charge, and President Obama’s claim to have sole power to target any human being for death, the rule of law has been eviscerated, abolished by presidential decree and congressional acquiescence. A pillar of civilization has been toppled, but most people in the United States appear not to have noticed.

“Holder acted as if he’d found a previously undetected loophole in the Constitution.”

It turns out that due process of law is not what we thought it was, these last two centuries. Attorney General Holder defended the president’s authority to summarily execute, without sanction of the courts, or formal charges, or even evidence of crime, persons designated by him as enemies of the United States. You can’t get more king-like than that. Holder acted as if he’d found a previously undetected loophole in the Constitution. “‘Due process’ and ‘judicial process,’” he said, “are not one and the same, particularly when it comes to national security.” According to Holder, “The Constitution guarantees due process,” but it does not guarantee judicial process. In other words, the U.S. Constitution does not guarantee people access to the courts, even if they are targeted for execution. If that were true, it would be a worthless Constitution, but the U.S. Supreme Court has convincingly ruled, in a 2004 case, that citizens who are detained as enemy combatants have a right to confront the government on the facts of the matter “before a neutral decision maker” – that is, before a court of some kind. Certainly, such rights would apply to someone the president wants killed.

Ah, but this is war, says Eric Holder, and different rules apply. We could ask the rhetorical question: When does this war end? But Obama is clearly claiming to have rights that are inherent in the president’s national security powers. War is…whatever he says it is. Or, whatever President Romney or President Santorum say it is.

The Attorney General ultimately justifies the trashing of the Constitution on national security grounds. We have reached our national “hour of danger,” he says.

Holder is right about that. The danger is upon us, and it emanates from the White House. There’s a name for the danger: it's called fascism, which happens when militarists and the worst capitalists get together and abolish due process and the rule of law – which the First Black President of the United States has already done. For Black Agenda Radio, I’m Glen Ford. On the web, go to BlackAgendaReport.com.

BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.



Your browser does not support the audio element.

listen
http://traffic.libsyn.com/blackagendareport/20120307_gf_HolderDueProcess.mp3

More Stories


  • Editors, The Black Agenda Review
    åEDITORIAL: Racism, Fascism, and Political Murder: Kathleen Cleaver, September 14, 1968
    15 Apr 2021
    Panthers and their radical Black contemporaries are now the stuff of Hollywood -- but with more leather jacket than political substance. The Review Team offers some historical correctives.
  • Fordham University Is One of Many Canaries in the Zionist Coal Mine
    Ann Garrison, BAR Contributing Editor
    Fordham University Is One of Many Canaries in the Zionist Coal Mine
    15 Apr 2021
    A Blacklist against those who oppose Israeli policies is now in effect at Fordham University, and can be expected to grow.
  • Reese Piece…
    Raymond Nat Turner, BAR poet-in-residence
    Reese Piece…
    15 Apr 2021
    Salute to City of Angels’ son! He wrote, he wrote, he wrote And he wrote… Ramparts, The Progressive, The Nation, Mother Jones, Dateline Havana, 48 hills…
  • Murder of Daunte Wright Ruined Derek Chauvin Show Trial
    ​​​​​​​ Ajamu Baraka, BAR editor and columnist
    Murder of Daunte Wright Ruined Derek Chauvin Show Trial
    15 Apr 2021
    The Black-murder-by-cop next door to Minneapolis shows the world the dehumanization that is built into the white supremacist DNA of settler-colonialism will continue to produce crimes against our c
  • Spirit of Self-Emancipation Continues to Rise at the St. Louis City Justice Center
    Adofo Minka
    Spirit of Self-Emancipation Continues to Rise at the St. Louis City Justice Center
    15 Apr 2021
    Like Christ on the third day, detainees in St. Louis jails have risen to challenge state oppression.
  • Load More
Subscribe
connect with us
about us
contact us