Constitutional Review
for the Bush Administration

Contrary to the rhetoric from the Bush Administration, the Bill of Rights protects the rights of all people, not just U.S. citizens, and at all times

The authors of our Constitution were quite familiar with war and designed the Constitution to be legally binding in war time as well as peace, and upon all people--even Mr. Bush and Co.

The principle was reinforced by the Supreme Court in Ex Parte Milligan in 1866: "The guaranty of trial by jury contained in the Constitution was intended for a state of war, as well as a state of peace, and is equally binding upon rulers and people at all times and under all circumstances."

Also from Milligan: "Military commissions organized during the late civil war, in a State not invaded and not engaged in rebellion, in which the Federal courts were open, and in the proper and unobstructed exercise of their judicial functions, had no jurisdiction to try, convict, or sentence for any criminal offence, a citizen who was neither a resident of a rebellious State nor a prisoner of war, nor a person in the military or naval service. And Congress could not invest them with any such power."

We should be able to know that the Sixth Amendment guarantees, including a speedy and public trial and the right to know charges against you, may not be disregarded by any government agency. If the civilian courts are operating, using military tribunals to try civilian offenses clearly is unconstituional.

The U.S. Supreme Court acknowledged the political function of the jury in Duncan v. Louisiana (1968), wherein "A right to trial by jury is granted to criminal defendants in order to prevent oppression by the government."

The bottom line: our Constitution is not self-enforcing. Only YOU can prevent tyranny.

Go to Civil Rights index page