Truthout Original

"A Decent Respect to the Opinions of Mankind ..."

by: Wm. Scott Harrop and R.K. Ramazani, t r u t h o u t | Perspective

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In 1788, Thomas Jefferson warned against the suspension of habeas corpus in times of "rebellion or invasion," noting that a loss of habeas corpus "will do evil ..." and could become "habitual" and the "minds of the nation almost prepared to live under its constant suspension." (Painting: Rembrandt Peale)

    Irony abounds in President George W. Bush's decision to speak at Monticello, the home of Thomas Jefferson, on the last July 4th that he will occupy the Oval Office. For it was Jefferson who wrote in America's Declaration of Independence that "a decent respect to the opinions of mankind requires" the colonies to set forth the reasons for their rebellion before a "candid world." America's founders agreed - international legitimacy mattered. Two hundred and thirty-two years later, the conscious disregard for the "opinions of mankind" has come to define the Bush presidency.

    In the Bush view, the world is commonly reduced to being either "with us or against us." His former press secretary, Scott McClellan, illustrates the problem in his recent book, "What Happened?" Lacking respect for international opinion, Bush created alliances with leaders of a "coalition of the willing," not their citizens. Bush praised those leaders who stood with him for being "tough" and "strong" despite intense criticism from their own publics.

    This disregard for the opinions of mankind yielded a bitter harvest. In the aftermath of 9/11, most of the world sympathized with America. But America's reputation abroad plummeted since 2002, as documented by multiple international public opinion surveys. In one recent BBC survey of 34 countries, barely a third found the United States to be a "positive force in the world." The most recent Pew World Public Attitudes poll found that a "majority or pluralities" in most of the 47 countries surveyed "disliked American ideas about democracy." Within Muslim countries surveyed, "the US image remained abysmal."

    To reverse such negative attitudes abroad, the US government spends over one hundred million dollars annually on Arab-language programming. Responding to criticism that such broadcasting has not discernibly lessened anger at America, new Assistant Secretary of State for Public Diplomacy James Glassman remarkably asserted on June 23 that "our mission is not to improve America's standing in the world." If so, his office has abandoned its mandate to "influence" foreign publics - the "opinions of mankind."

    Explanations for weakening American stature abroad during President Bush's tenure include the controversies over the US-led war on terrorism, the invasion of Iraq without a UN mandate and maltreatment of prisoners at Abu Ghraib.

    No issue has harmed America's image abroad more than the Guantanamo prison, where hundreds have been held without charge. "Gitmo" has become a world symbol of American injustice and hypocrisy.

    The recent Supreme Court Boumediene v. Bush ruling may reverse the tide by insisting that habeas corpus, the historic judicial check against arbitrary imprisonment, applies to Guantanamo.

    President Bush strongly disagrees with the decision. A "conversation" with Jefferson might persuade him otherwise.

    More than any other founder, Jefferson recognized the fundamental importance of habeas corpus. In his first presidential inaugural message of 1801, Jefferson counseled his "fellow-citizens" to understand that "freedom of persons under habeas corpus" is among the "essential principles" of our democracy. Along with freedoms of religion and the press, and "honest friendship with all nations," these "principles form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation."

    In the same enumeration of essential principles, Jefferson speaks of "equal and exact justice to all men, of whatever state or persuasion, religious or political." Citizenship was not required. As Jefferson wrote in 1798 to an Irish dissident, "Habeas Corpus secures every man here, alien or citizen, against everything which is not law, whatever shape it may assume."

    Jefferson also cautioned against justifying the "suspension" of habeas corpus in time of "rebellion or invasion." In a letter to James Madison in 1788, Jefferson warned that the want of habeas corpus "will do evil ..." and that suspensions thereof can become "habitual" and the "minds of the nation almost prepared to live under its constant suspension." This was no idle speculation. During the American rebellion, the British public tolerated six Parliamentary bills denying habeas corpus - to all Americans.

    Critics who contend the recent Court decision favored international over domestic opinion disregard the latter. As recent Pew Polls demonstrate, large majorities of Americans consider the fact that "the United States has lost global respect" to be a "major problem." They also agree that legal protections accorded terrorism suspects should be the same for citizens and non-citizens, regardless of where they are captured.

    In these sentiments, American and world opinion concur. The problem has not been a cultural "clash" of American values at war with an alien world, but of America not living up to its own values. If America commits anew under the next president to having a decent respect to the opinions of humankind, then respect for America will increase.

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Wm. Scott Harrop is a recent Jefferson fellow at Monticello's Robert H. Smith International Center for Jefferson Studies, where he researched the intent of the "opinions of mankind" clause in the American Declaration of Independence, as part of a pending University of Virginia Ph.D. dissertation on the rebel struggles for international legitimacy.

R. K. Ramazani is an Edward R. Stettinius professor emeritus of government and foreign affairs at the University of Virginia. His extensive publication history includes two edited works, "The Future of Liberal Democracy: Thomas Jefferson and the Contemporary World" and the forthcoming "Region, State, and Society: Jefferson's Wall of Separation in Comparative Perspective."

Comments

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Irony abounds in virtually

Irony abounds in virtually every aspect of contemporary American political life, not just foreign policy and international affairs . The federal government, under both Democratic and Republican administrations, has gone so far beyond the intentions of 1789, that virtually no area of federal policy - foreign or domestic - has lived "up to its own values." President Bush is but one in a long line of presidents, particularly since the disastrous presidency of FDR, that have led the Union down the long road of excessive growth of presidential, congressional, and judicial power. From the Iraq War to Medicare, American values are barely evident in todays political arena. As a result, we have two politicians, Mssrs. McCain and Obama who represent more of the same - usurping the power of local communities in favor of imposing centralized authority over a wonderfully diverse nation of 300+ million - a recipe for continued disaster. No matter the result in November, the failure to live up to American values, as noted by Mssrs. Harrap and Ramazani, will continue come January 2009. Both candidates will spend the country into oblivion - whether on the military, federal social programs, or thousands of other policy issues that were never meant to be responsibilities of the contemporary administrative state. We were given a Republic, if we could keep it. However, Democrats and Republicans have unquestionably failed to do so.

Fascism, the destroyer of

Fascism, the destroyer of all nations, has reared it's ugly head in America with the George Bush regime. As usual, many of it's enablers are ignorant as they waste away their fortunes, respect, and futures on a path of sheer disaster. Thomas Jefferson, framer of the Constitution, was astute in his warnings, and was a vastly more modern man than the chimp GWB and his handlers.

What our elites don't

What our elites don't realize or want to wish away is that in the long run power and respect has to be earned and is given by The People. In the US case by humanity as a whole. Power or tyranny taken by the point of the gun will always crumble sooner or later. US leader are living in a power bubble of their own, in a delusional state of being the only superpower on earth. This is not the case as there are rapidly multiple regional power centers evolving. On the contrary the US is more vulnerable than ever. The US is the largest debtor nation on earth, her industrial production base depleted to the core. A standard of living depending on cheap energy and the acceptance of paper dollars overseas. A loss of global acceptance or legitimacy of moral and military leadership leads to global passive resistance. This opposition most prominently comes in the form of dollar sales, withdrawal (high oil prices) of energy supplies and resistance in all possible forms. US vulnerability has never been grater and more dependent on global good will. The sooner Washington realizes this and assumes a positive global leadership position, in harmony with world opinion, the better off the US and her citizen will be. The well being of US citizens and as an extension global citizens is the true task of any patriot!

Consequence. This is what

Consequence. This is what we cannot seem to grasp as a nation. Perhaps we are so media saturated that everything seems equally untrue. Perhaps we can’t envision the mind of someone who has had a family member violently and unjustly imprisoned, tortured or killed. We cannot feature the meaning of the absence of the age old right of Habeas Corpus, as the essential democratic right to challenge false imprisonment and abuse of power. We can’t imagine that had the Supreme Court not reinstated Habeas Corpus the Bush Administration had within its means the ability to declare Martial Law on any pretext and round up anyone and everyone they thought was a nuisance without trial - for the rest of their lives. Bush had appropriated the right of Governors to control their own State’s militia. That is unconstitutional, but the Republicans and Vichy-crats voted for it. Without Habeas Corpus anything was possible. It is still possible with Bush “Laws” but now that Habeas has been reinstated it is more difficult. The First Amendment Right to redress grievances has been overturned as well. The essential principal from the Declaration of Independence that a government… “derives its just powers from the consent of the governed” and that the people find… “when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such Government and to provide new Guards for their future security”… and find that this was contradicted by a near unanimous vote. The Bush Administration and its supporters thought that was inconvenient so they passed The Violent Radicalization & Homegrown Terrorism Protection Act of 2007 (HR 1955) so if a citizen supports the Constitution and the Bill of Rights he or she may be considered a terrorist if exercising what you thought was your Right to nonviolently challenge unjust government. Why is no one talking about that? Who even knows about it? Everyone needs to be reminded that it is illegal to rewrite the Constitution in stealth. That is to say, it is criminal to have done so and OUR Legislators know it. The least we can say is that they have abrogated their right to democratic office by having voted this way. It seems like We the People are steadily being set up for the worst kind of despotism. I for one still think the Constitution will prevail. It may take 20 years but eventually it will come back into fashion. The question is, after what cost?

As a colleague of Professor

As a colleague of Professor Ramazini's, currently living in China, I am proud to endorse his evocation of the Jeffersonian heritage in defense of habeas corpus and a decent respect for the opinions of humanity. President Bush's presidency has been a humilitation and a disaster. His appearance at the home of Thomas Jefferson is, to say the least, bizarre. John Israel Professor of History, Emeritus University of Virginia

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