When law becomes a weapon…

For whom was the Padilla verdict a victory?

For the government. Not for the people. Not for liberty. Not for “the war on terrorism.” Only for those who are bent on ultimate control and eliminating anyone who gets in their way.

Padilla was only a trial run. Now that they know how to do it, and convince the herd that it is Right, expect it to happen more frequently.

Padilla Jury Opens Pandora’s Box by Paul Craig Roberts

…the protective features of law had been seriously eroded prior to the Bush regime’s assault on civil liberty in the name of “the war on terror.” The US Constitution and the Bill of Rights rest on Blackstone’s Commentaries on the Laws of England. Blackstone explained law as the protective principles against tyranny – habeas corpus, due process, attorney-client privilege, no crime without intent, no retroactive law, no self-incrimination.

Jeremy Bentham claimed that these protective principles were outmoded in a democracy in which the people controlled the government and no longer had reasons to fear it. The problem with Blackstone’s “Rights of Englishmen,” Bentham said, is that these civil liberties needlessly limit the government’s power and, thus, its ability to protect citizens from crime. Bentham wanted to preempt criminal acts by arresting those likely to commit crimes in advance, before the budding criminals entered into a life of crime. Bentham, like the Bush regime, the “Padilla Jury,” and the Republican Federalist Society, did not understand that when law becomes a weapon, liberty dies regardless of the form of government. If they do understand, they prefer unaccountable government power to individual liberty.

Aye, but there’s the rub. There may have been a time when the people controlled the government–a brief time–but that time has long since passed.

Simple test: Is “rule of law” used to protect individuals from oppression by a ruling authority, or is “rule of law” used by the ruling authority to perform that oppression?


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