Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Sunday, September 24, 2006

A Constitution Is Not A Choice

The oath of office is a serious matter.

Contrary to public assertions, the Constitution is not a balancing test or debatable.

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The Constitution exists as a requirement, not to be explained away. Ones' oath of office is not subordinate to a secrecy agreement. Secrets can be illegal.

The oath is not to secrecy but to the rule of law. Government officials, contractors, and intermediaries who think otherwise have failed in self-governance.

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Contrary to public excuses from Addington, Gonzalez, Yoo, and the President, we have not been required to trade rights or security. This is a false choice.

The purpose of the Constitution is to prevent the abuse of power, and protect rights at all times for eternity. The oath is to the Supreme law, which includes the lawful orders, the Constitution, and all Treaties. There is no discretion on the oath. There is discretion on how that oath is implemented.

But the choice is never between more security and less rights. We the People never agreed to trade certainty for speculation. The fundamental issue is legitimacy of government. This remains a burden the government must meet, not for the public to explain.

Governance means being legitimate, connected with the written law.

Governance means relying on ones oath to guide action, judgment, and decision. The oath is there to remove discretion. You are paid to assert your oath, not defer to those who violate the law.

Governance means accountability. If you have defective work products, or violate the law, you should assent to the Rule of Law, and welcome adjudication.

Governance means solutions. IT does not mean pointing to problems then blaming those who dare to step forward with new ideas. If you truly were a credible alternative, you would not point to problems, but implement a lawful solution.

Governance means ethics. This is not a name, but consistency with the oath.

Governance most of all means responsibility. Doing what one should, when it is most difficult.

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The oath is there to assert the Rule of Law. If you must be reminded of your oath, then you are neither independent, nor worthy of continued employment in the public sector.

If you cannot or will not do your job, your failure springs from your incomprehension of training, results, or accountability. If you are too foolish to know what must be done, then you must ask what you are paid to do. If you are too foolish to do what you are lawfully paid to do, and cause harm to others, you may lose your life.

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The oath means deciding to put one's personal safety at risk, and doing what must be done, even when you are against the grain. If you have loyalty to something other than your oath, then you are not needed.

America will soon endure painful examination. The examination is painful because it has been long avoided. The issue is whether people can be trusted to do what they should do; or whether they must be overseen, second guessed, replaced, or put to death because of their refusal to do what must be done.

The rule of law is a guide. It is not there to be ignored, or explained away. The rule of law means defying your President when he issues illegal orders; it also means disclosing evidence of illegal war crimes, unlawful planning, and Geneva violations by the President, the Senate, and those we have trusted to do our bidding. The evidence will surface. The issue is whether Americans can trust their leaders to do what is right, or fear that we will be asked to endure more of what is wrong.

We have a choice. The choice is for us to assert our oath to the Constitution, and put all things second. You must decide whether your oath compels you to believe in illegal Presidential orders, or whether it is time to share the evidence of the illegal war crimes planning which continues.

Americans have a choice. We are not required to assent to illegal orders. Rather, we are lawfully permitted under the Constitution to seek foreign assistance, request humanitarian aid, and lawfully end all cooperation with illegal activity. If the US Government chooses to wage illegal war, defy the Constitution, and turn the rule of law on its head, it is the Government, not the people, which is wrong.

That which is wrong cannot stand. Either it shall be adjudicated and remedied from within; or it shall be destroyed from without. Combat forces around the globe are fully prepared to engage the American leadership, lawfully render them to The Hague, and end this absurd departure from the Rule of Law.

American citizens must decide whether you value your Constitution and your rights, more than your love of the absurd leaders who have no respect for you. They defy their oath. It is time American defy the war criminals. Until then, you have illegally chosen to follow unlawful orders, and remain legitimate military targets.

You have chosen to lose. You wished this.