July 4th Letter to Congress

This Independence Day I thought it appropriate to remind my Congressional representatives about how the whole thing started. Watching Congress acquiesce to whatever BushCheney says tells me that the majority seem to have forgotten. My Congress members are pretty hopeless but I am not going to allow them the comfort of no dissent.

02 July 2006

Senator John McCain
Senator Jon Kyl
Representative John Shadegg

As the United States celebrates the 230th anniversary of the Declaration of Independence, I write to ask that you, as a Member of Congress, reflect on the foundations and principles upon which the nation was founded. In the five years since the 9-11 attacks, Congress has acquiesced in virtually every assertion of presidential power. In doing so, Congress has abdicated its basic role in the system of checks and balances established by the Constitution to protect Americans from the abuses that led 13 colonies to declare their independence from Great Britain. Congress' failure to exercise oversight mocks the sacrifices of the many who sacrificed to safeguard the liberties on which America was founded.

This past week the US Supreme Court performed its assigned responsibility in that system of checks and balances when it issued its ruling in Hamdan v Rumsfeld. The Court in no uncertain terms held that the president is bound by the rule of law in handling persons detained as enemy combatants. I am disturbed by comments I have read from members of Congress that the remedy is to simply authorize in law the procedures rejected by the Supreme Court. Such comments are disturbing not only in this matter but also in Congress' willingness to accept whatever the president asserts as law.

I am not an expert on military law but I do know that simply jettisoning all legal safeguards in pursuit of expediency is not consistent with American values and traditions. As the administration seeks Congressional approval for its procedures (if it actually does so), I request that you exercise real oversight-ask questions and explore the implications of any proposals-to ensure that procedures (1) abide by the principle of uniformity announced in the UCMJ, (2) are consistent with the laws of war and (3) recognize that Geneva Conventions are binding on the United States.

After winning our independence, the framers created Congress as a co-equal branch of government, not a rubber stamp for the executive. Americans had plenty of experience with executive government under King George III. Returning to that form of government threatens America as much as any terrorist. In the coming debates about how to America should deal with enemy combatants and terrorists, I urge you to exercise independent thought and judgment to ensure continuation of Constitutional government in the United States.

America is a strong nation. The challenges posed by terrorists are not the greatest threat to this nation. An even greater threat is the loss of an effective, involved Congress and the creation of an all-powerful executive who can act without restraint. If that occurs, the terrorists win.

Sincerely,

Rez Dog

(I signed my given name but you all know me as Rez Dog)