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Another Enemy of the People?
Mark Graber
I am posting the below with the permission of Professor Walter F. Murphy, emeritus of Princeton University. For those who do not know, Professor Murphy is easily the most distinguished scholar of public law in political science. His works on both constitutional theory and judicial behavior are classics in the field. Bluntly, legal scholarship that does not engage many themes in his book, briefly noted below, Constitutional Democracy, may be legal, but cannot be said to be scholarship. As interesting, for present purposes, readers of the book will discover that Murphy is hardly a conventional political or legal liberal. While he holds some opinions, most notably on welfare, similar to opinions held on the political left, he is a sharp critic of ROE V. WADE, and supported the Alito nomination. Apparently these credentials and others noted below are no longer sufficient to prevent one from becoming an enemy of the people."On 1 March 07, I was scheduled to fly on American Airlines to Newark, NJ, to attend an academic conference at Princeton University, designed to focus on my latest scholarly book, Constitutional Democracy, published by Johns Hopkins University Press this past Thanksgiving."
"When I tried to use the curb-side check in at the Sunport, I was denied a boarding pass because I was on the Terrorist Watch list. I was instructed to go inside and talk to a clerk. At this point, I should note that I am not only the McCormick Professor of Jurisprudence (emeritus) but also a retired Marine colonel. I fought in the Korean War as a young lieutenant, was wounded, and decorated for heroism. I remained a professional soldier for more than five years and then accepted a commission as a reserve office, serving for an additional 19 years."
"I presented my credentials from the Marine Corps to a very polite clerk for American Airlines. One of the two people to whom I talked asked a question and offered a frightening comment: "Have you been in any peace marches? We ban a lot of people from flying because of that." I explained that I had not so marched but had, in September, 2006, given a lecture at Princeton, televised and put on the Web, highly critical of George Bush for his many violations of the Constitution. "That'll do it," the man said. "
"After carefully examining my credentials, the clerk asked if he could take them to TSA officials. I agreed. He returned about ten minutes later and said I could have a boarding pass, but added: "I must warn you, they=re going to ransack your luggage." On my return flight, I had no problem with obtaining a boarding pass, but my luggage was "lost." Airlines do lose a lot of luggage and this "loss" could have been a mere coincidence. In light of previous events, however, I'm a tad skeptical."
"I confess to having been furious that any American citizen would be singled out for governmental harassment because he or she criticized any elected official, Democrat or Republican. That harassment is, in and of itself, a flagrant violation not only of the First Amendment but also of our entire scheme of constitutional government. This effort to punish a critic states my lecture's argument far more eloquently and forcefully than I ever could. Further, that an administration headed by two men who had "had other priorities" than to risk their own lives when their turn to fight for their country came up, should brand as a threat to the United States a person who did not run away but stood up and fought for his country and was wounded in battle, goes beyond the outrageous. Although less lethal, it is of the same evil ilk as punishing Ambassador Joseph Wilson for criticizing Bush's false claims by "outing" his wife, Valerie Plaime, thereby putting at risk her life as well as the lives of many people with whom she had had contact as an agent of the CIA. ..."
"I have a personal stake here, but so do all Americans who take their political system seriously. Thus I hope you and your colleagues will take some positive action to bring the Administration's conduct to the attention of a far larger, and more influential, audience than I could hope to reach. "
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12 comments:
I go through the same experience due to circumstances my name and personal information hits close enough to someone else who is contained on the list that I get flagged also.
While it may take a couple of more minutes at check-in I welcome the additional safety factor.
Seems the professor is trying to make the case that he is being singled out. I find that hard to believe. Watch the news everyday; if they were taking away flying privileges because of criticizing the government the planes would be empty.
It is becoming more and more obvious that Goerge Bush and Dick Cheney are becoming more like Stalin & Kruschev than the leaders of the free world. In my opinion they both need to be impeached NOW and not wait for their term to end. There's no telling what damage they will do before then. As a native Texan I'm starting to agree with Natalie Maine that I too ashamed he's from Texas. LBJ is rolling over in his grave.
In the famous words of one William Shakespeare, " a rose by any other name is still a rose." Likewise, a communist is still a communist, a Stalinist is still a Stalinist, an anti-American is still an anti-American, and a baby is still a baby. Research history and note that many communist were involved in the military and served in top positions in educational instutions, same as this so-called professor. Also, am I the only one to notice his "Better than everyone else" attitude because of his title and position at Princeton. Finally, when has anyone checked his diaper, for he sounds like he is trying to do what that lady astronaut did, in not changing her dirty diaper while doing evil to others.
Tim, I disagree with you. My name is unique and not similar to anyone on a terrorist list. My immediate family are the only people within the US who share my last name. We've done family research of census records. However, immediately upon signing petitions put forth by the Democratic Party I found myself on the no-fly list. I have no criminal record, have not marched in any rallies, but merely signed a petition stating that I
did not agree with the administration's policies. From that moment on I found that I could no longer check into a flight without being treated like a criminal. This is happening all over the country--I know of an
entire family put on this list because their daughter has protested the administration.
We no longer live in a free society. The fact that we have a law entitled the "Patriot Act' in which any citizen can be taken from his or her home and held prisoner in a secret location for an indefinite period without legal recourse attests to this. The fact that our administration
monitors our phone calls and emails attests to this. We Americans now
have fewer civil liberties than most other developed countries at this point and far fewer than most of Western Europe. "Those who forsake liberty for security will receive and deserve neither."
People who think everything is o.k. and that they still have rights are fooling themselves or sticking their heads in the sand. You have rights as long as you agree with the administration. As soon as you stop agreeing with them you are fair game.
It is amazing to me that you can miss the point. The Bush administration is not communist, but Nazis’. Their action against the Professor Walter F. Murphy and anyone that speaks out such as the Nuns and Teachers that are in a Federal prison camp in Dublin, California for up to five years for protesting at the start of this war, which in truth I supported because of the attack on 9/11, are examples of what happened to people that spoke out against Hitler. The sudden war on immigrants (can we say Mexicans) is renascent of the Nazi party’s campaign to focuses all the ills of the country on one group The Jews, who end up dying by the millions because of it.
This is not what I as a long time Republican had in mind when I voted for Emperor George. I wanted someone that would take the mighty weight of an enrage United States down on the organization and country that did this. What I got was a power hungry group of men who because of their religion have wage a holy war on those that dare to think differently then they do. In the President I got a little boy that was seeking revenge on a leader that dared to walk on the face of his father.
Compare the history of the rise of Nazism and you will see what I am speaking of. The Mexicans are being used to divert the minds of the American people away from the political and economic problems created by this holy war. Just as the Jews were used to give the German people something to hate to take their minds off of the economic and political troubles of the 1930’s, anyone that has the courage to speak out against the government is punished, i.e. No fly list, prison or just plain disappeared. The Patriot Act is the tool that is being used to accomplish this act against our civil liberties’; because of it, the Police state is here.
Is it not surprising both Tim and W. Kevin agree that suspension of civil rights, guaranteed by the Constitution, is perfectly reasonable under today's conditions. In case neither of these gentlemen have read this most sacred American document lately - it outlines what the government can and cannot do among which are: the right of free speech, the right of assembly, the right to move about the country (unimpeded by churlish government hacks). I would suspect they both consider themselves true red, white and blue patriotic Americans, but gentlemen, it seems you would feel much more at home in a communist or fascist country..
It amuses me to read of how quickly some (mostly leftist, the running dogs of the Socialist International) scream “Foul” merely for inconvenience to their lives and seek to blow up the balloon of dark conspiracy or violation of “rights” to attract attention to their (distorted) point of view.
Where does is it written in our (now heavily leftist distorted) Constitution that Life must treat you Fairly?
An ex military person should know or realize the parameters of providing security for the greatest good. But may be (from the sounds of it that wasn’t in your military expertise) that was too long ago...
We all think we’re individually special and recognized as such. But that don’t wash when it comes to security. When I get a call from the credit card company holding up a purchase because something kicked out that transaction, I say “Thank you very much for doing your job.”
It has been proven by History and after the fact investigation and analysis that the types of these “protests” and the involved parties and “fronts” are participated in and supported by innumerable individuals that seek to destroy our country, are distinct enemies of the Constitution. Therefore fall into the category of “enemies within and without.” Yet Hide behind our Liberties to infect the host.
As the AIDS virus hijacks the T-cells to spread is destruction, the virus is only acting as its code instructs and projects. The nature of some show similarities and therefore will be subjected to closer scrutiny. That is how things are done. To do any less would be failing to do the proper job.
Just as in the fickle nature of law, I read and say “Thank you very much for doing your job”, somebody else (who obviously feels Above It All) cries foul. And doesn’t human nature seek out the crying child? Isn’t is programed in to us to protect ourselves? Thus the predators have learned and used.
I will only mention the observed fact that the liberals have worked mightily and met with notable (unfortunately for the rest of us) success in the realm of bamboozalry of the law to insert the Communist Manifesto into our “Constitutional Laws”.
Example- “Immanent Domain” as taken from the Preamble, a mission statement that has Lost its meaning by Redefinition, Forget the body of the Constitution mind you; twisted, redefined and transformed into Law? How sicko is that? Typically Socialist...
It is a function of the rational and logical mind to disturb the facts from the feelings. Obviously some are better able than others to do so. That is a fact of life that cannot be equalized by some Socialist inspired law.
Two questions for the poor abused professor:
Do you recognize and support, without modification, Amendment 10 of the Constitution?
Do you recognize that Amendment 16 is Illegitimate (from its invalid so-called ratification) and Unconstitutional? [Pointing out the original 1916 and
1920 Supreme Court rulings defining its usefulness.]
I hold the US Declaration of Independence as one of the most beautiful documents ever written - I actually keep it framed on my wall in Sweden. It seems, however, not to have a similar value to the US administration. The leaders feel themselves standing above any law, domestic or international. What was illegal in the US was moved outside the borders in the Guantà namo case, but still breaking international laws. There is a reason for the domestic laws – using a camp abroad only show the administration’s lack of respect for its own people! But also domestic laws are less important if a matter can’t be moved abroad. Should the similarities to nazis be too drastic, they are at least closing up with the Pinochet administration in Chile! I can’t understand why the people of the U.S. accepts being ridiculed by it’s own leaders, sitting down!
We used to say that ”USA may be the largest democracy in the world, but far from being civilized”. But we do not know what to say anymore: ...USA is still large...
Why does the level of civil and rational discourse have to degenerate into the language that has been perpetuated by generations of narrow-minded demagoguery that could not survive an introductory college-level class in Political Science. Perhaps the ability to deliver anonymous diatribes in an online forum or in like-minded talk-shows implies that an individual can get get away with the childish tripe that Jack delivered in the guise of intellectual pretense; but it fails to address the issues that were raised in this discussion. Unless we are fully engaged on all fronts, at home and abroad, in a war to defend ourselves from attack by external and internal enemies, we cannot prevail by restricting the civil liberties of our citizens. We will continue to lose the support of others who have long-admired this country as a refuge and bastion of democracy for all its citizens (i.e., inhabitatnts). The security infrastructure that has been implemented in this nation does not mean that it should be administered in an haphazard and unintelligent manner. At the present time, there are legitimate questions about the regulations and guidelines that direct this policy. Accommodating anomalies does not mean that we should be satisfied with anything as simple as a 'plain-vanilla' list of names that may identify potential or known 'terrorists', for goodness sake; anything even less simplistic than this is a travesty. We should expect and demand better from the department of Homeland Security. M. Maw
This is a truly frightening story. Those that say that you can't expect life to treat you fairly are just plain ignorant lemmings. This is not "life" treating anyone unfairly. This is an administration turning against it's own people and criminalizing free speech.
We should only put into positions of power those who do not want power and remove from power those who have made it a career goal to attain more power.
You are correct, I did fail to make my point Exceedingly plain and simple for the ill-informed. I did not provide the correct context.
There has been no time in a state or presence of war that the vague notion of “civil liberties” has NOT been curtailed for the security of society as a whole.
I put it to you that the very people that make the safeguards that infringe on real civil liberties do it as a Necessity and are all too aware of the threat they pose to themselves as well as others. But it is their job to provide security.
For in our US History these things have happened and when the crisis was over those liberties abated were released.
Giving aid and comfort to the enemy is going to cause somebody to take notice. It is a matter of intellectual gymnastics to do so yet demur on the aspect of accountability and say it is your right to disagree.
So in my mind that name was rightfully placed there for a reason.
Let us have a concrete example of this harassment. Was he ultimately denied the privilege of using a contract carrier to convey him to his desired location. NO.
Could he hire a cab or used his own POV? Yes.
So how did this infringe on his real civil liberties? It didn’t.
How has the poor soul been penalized? Has he been arrested for his “Free Speech”. NO.
“Criminalized free speech”? I have to laugh; Has he been prosecuted under some law? NO.
The story is only frightening for those so inclined and subject to the diatribe. All this is smoke and mirrors that are used by the real enemies of our country to set up their agenda. Just like was done in the 1930’s, protests and work stoppages in the name of liberty, but at the behest of the Socialist International.
I am accused of demagoguery, I accept that. I used such Specifically to color the danger as I see it, to make plain where the danger abides. It is real and present as so easily seen in the above comments. The agenda to strike fear and loathing into the masses rather than fortitude and awareness.
Narrow minded - I decline as it is untrue. Proof is abundant for my position, if you have some that indicates otherwise you have yet to show it.
Have you worked in security? I have. The simple “plain vanilla” solution is
just one step in a process. Better to have a bigger net than one smaller that does not do the necessary job. Perfection doesn’t exist when dealing with such situations. Do the math; it is a truism that 80% of the cost and time is in the last 20% of tweaking.
Demand all you want - Are you ready to volunteer your time “fixing” these perceived injustices by hard work actually fixing them?
Thomas Jefferson was correct, it’s time for another Revolution.
Jack-o says, "Where does is it written in our (now heavily leftist distorted) Constitution that Life must treat you Fairly?"
Genuis, pure genius, NOT.
A perfect example of, an ignorant acceptance of nazi-like crimes against the Bill Of Rights and the First, Fourth, Fifth, Sixth, Seventh, Eighth, Fourteenth, Amendments.
There was a reason to take those "prisoners" to Cuba, to keep them off U.S. law territory and into military law, where a real civil liberty lawyer would have had a retirement plan in the works.
If you do not like the Constitution and the Liberties it describes, get out of our nation. This bush-crime-syndicate will one day face it's just reward, in solitary confinement for the rest of their natural life.
It has been an eye opening experience to watch the rabid right-wing cult, complain about "taxes", yet when the rights of the people are mentioned, we are placed into some anti-U.S.A catagory.
You do desreve the Nazi-like government you hve no clue about, but why suffer the rest for your hatred of others liberties.
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