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Military Junta Of America - Issue and Solution
“If not stopped right away, America will become an un-official military dictatorship.”
Growing up in a democracy and currently living in another, like my fellow Indians, Aussies and Americans I have always regarded Ann Suu Kyi a protagonist of Democracy in the darkest corners. A shining light of unflinching commitment to her brothers and sisters in Myanmar (Burma) would be an apt description. Her struggles with the dictatorial diktats of the ruling regime, the Military Junta of Myanmar are not only well documented and well publicized, but also serve as an inspirational fuel to many others around the globe that are fighting tooth and nail to earn their democratic rights from their current regimes. But what has it got to do with America, the biggest democracy in the world, the epitome of freedom, the example for the rest of the world to follow?
Well, let us just take two things out of the current history of Myanmar for a just comparison for this discussion:
1. The Military Junta of Myanmar was always accused of violating human rights and picking up citizens to curb their voices, both by Ann Suu Kyi and also by the foreign media which always supported her, and very rightly so. The allegations always centred around the facts that the Military Junta used to pick up, detain and even prosecute anyone who raised his or her voice against the regime and/or its’ policies, so much so that the people in Burma actually lost their voice to dissent completely.
2. The current elected regime of Myanmar has been termed as a puppet government by Ann Suu Kyi and the elections were described to be rigged.
Now let us bring our attention back to the US setup and have a look at the new “National Defence Authorization Act 2012” and specifically scrutinize the implications of Section 1031 and Section 1032 contained in it. What is this Section really capable of through the words written in it?
Before that, let me just say a few words about the wording of the article which allows the military to identify anyone including American citizens as enemy combatants and give military Presidential consent to detain such persons indefinitely without a trial or crime. (Perhaps even without saying it, I have already proved how this Section compares to the much condemned actions of Military Junta of Myanmar). Now, if anything, this Section shows two things:
1. Firstly, it shows the self-created fear the strongest nation on this earth lives in today. I was born and brought up in India and have lived nearly 28 years of my life over there. India has suffered the worst form of terrorism for more than three decades now. India is situated next to both Pakistan and Afghanistan, but we still don’t have any act like this in India. This is because neither we are cowards, nor do we go out of our way to destroy other people’s homes. All I can say is, “Rather than being obsessively paranoid of own shadows, it is time to learn to live peacefully with others.” Mending fences that have been damaged by your actions is not only the first step towards salvation but also the first requirement to have a lasting peace.
2. Secondly, it goes to show how the current political setup is keen on protecting the interests of its’ premier businessmen. If the current societal actions like “Occupy Wall Street” are an indication of the simmering public discontent with Government policies and Businessmen apathy, I can only foresee even worse times to come. Such movements are going to become more omnipresent, stronger and badly needed. In such a situation, all I can see is this act being misused to curb such movements by cracking the military whip on those who lead such movements, a la US Ann Suu Kyis’. The reason invariable given would be, “Prevention of terrorist activities”. When there will be no trial, the question of proving innocence won’t even arise. Besides, it will easily be explained in media that the detained person was actively involved in destabilizing American society and has possible links with a foreign agency which are now being investigated.
So to sum it up:
1. The military will get sweeping powers in the form of being legally allowed to detain anyone it claims to be an enemy combatant, under Presidential orders. So just like Military Junta of Myanmar, American politicians will have an easy way to get rid of those who stand in their way or object to and question their decisions, raise their voice against the Government action and everything else you can possibly imagine and then leak in your pants.
2. The civilly elected Government will be just a face of the military authority. It will conduct the country to please the businessmen and the military will take care of those who will raise their voices. So in effect, the Democracy will deteriorate into a Military Dictatorship, its’ just that in case of US such a dictatorship will be to benefit a handful of businessmen and the politicians they support.
People blame Chinese Government of curbing voice of ordinary people and the whole world hails and honours those who raise their voice and suffer in China. That is exactly what I can foresee happening in America.
Yes, that’s right! From where I stand there are only two truths about the future that I can foresee:
1. Americans will only have one freedom; freedom to decide whether they want to work or not. Their choices will be countable on one finger. The reason I will explain below.
2. Americans will only have one right; the right to vote who amongst the available candidates is going to govern them.
Now as to why Americans won’t have a choice as to what work they want to do, let us look at what has happened so far. But before I explain that, let me make a statement:
“Businessmen are like sponges; you put them in an economy and they soak every penny out of it, just like sponge soaks water from a spill or pool.”
Most of America’s wealth is securely locked in the bank accounts of a handful of organizations that own most of the business in the US. The reason US work force is running out of choices for work is, US has reached that peak of development where businessmen will not invest any more money. There are two reasons for it:
1. The small business is already dead or is fast dying whereas big businessmen invest money to start a business only when they know their product will sell. They do so because starting a business means hiring workforce as well. And when you are investing so much in business you want your products to sell too so that the business generates income. Has the majority of American population got money to buy anything more from the market than what it needs? I don’t think American businessmen can set up a business in America and then depend on American consumer to sustain it anymore.
2. American businessmen cannot set up businesses in America to sell products overseas as they won’t be able to compete in prices with competitors from China, Korea, Thailand, India and other third world countries where labour is cheaper. They will have to move over their production houses to those third world countries to cut costs. So all the money that the American Businessmen have collected out of US economy is going to be invested overseas now. But the worst part is, what they have done is the US is exactly what they will do in those third world countries too. Now it is only the US whose money is stashed in those few accounts, then it will be the rest of the world as well.
If this is going to be the case then the sufferings of American people are only going to get worse and social actions like “Occupy Wall Street” are only going to get more frequent. The only escape for the businessmen and their political faces will be the misuse of the authority vested into the US Army via this Section of the “National Defence Authorization Act”. And when Americans won’t be able to stop their businessmen, who else on this earth will be? The boat Americans will find themselves in soon, the whole world will end up there ultimately, what with the same businessmen taking over the other free world economies.
So basically, if Americans don’t act now, we all are at the same risk. That is why we all are in this together.
But to stop this you need to have a social movement, and to safeguard social movements you need protection against such acts like the current “National Defence Authorization Act” with its’ Section 1031. So what is the solution to the problem that we have at our hands right now?
One word answer is, “Constitution”.
“Constitution” is the supreme authority of any nation. It is one instrument that creates the nation in the first place, and then creates the relevant authorities and empowers the same to run the nation efficiently. The Head of a State (President and/or Prime Minister), his council, legal system, Federal Parliament, Subordinate Parliaments, their Heads (Chief Minister/Premier), their councils, everything is either directly created by the “Constitution”, or is provided for a legal birth via its’ wording.
Even the most powerful man in a country, its’ head, The President or Prime Minister, his position as well as the powers conferred on that position, are all a “Constitutional” creation. In fact, the Constitution itself provides for the harshest remedy available in a country, that is the removal of the head via impeachment.
So the bottom line is, the Government cannot pass legislation or approve a section which is contrary to any provisions of the Constitution, even if it intends to empower The President. Such a legislation or its’ section is automatically legally invalid.
Nothing in the Constitution can be construed to imply that the Senate or Council can make a law and the President forced to approve it, which overrides any Constitutional provisions, howsoever such a law might be in the interests of the nation. If that were to be the intention of the Constitution, then there will be nothing stopping in this world for a Government to pass a legislation doing away with the Constitution itself, all in the name of national interest.
The constitution of America expressly provides in the Bill of Rights, a guaranteed Habeas Corpus, and clearly explains what constitutes treason. In such circumstances, no Government can pass a legislation which allows the Government or Military to detain any individual lawfully present on the land, whether a citizen or a resident or a visitor, without providing a due process of law. As long as there is no rebellion, even the President cannot legally authorize such an action. Nothing can be worse than being wronged by the law itself and having no remedy at all. It is not only constitutionally invalid, but it is also contrary to every principle of justice.
Thus Section 1031 is both constitutionally and legally invalid. So all Americans need is an honest lawyer who can do the needful and get the erring Section removed.
Fatal Urge Carefree Kiss,
Amanpreet Singh Rai
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