WHY I SUPPORT OBAMA: THE CONSTITUTION

When I was in grade school it was required that every student memorize the Preamble to the Constitution. In middle school we were required to read the entire document...test on Monday. We were taught the three branches of government and how they were to be a system of "checks & balances" on each other. And in high school, we discussed the implications of that document in a class called Comparative Political Systems taught by a man who took great pride in his nickname..."BETTER DEAD THAN RED" CHARLIE. This was during the Reagan years and the end of the Cold War, it was a class that left an impression.

"Charlie" is dead now. And as conservative as he was, I can't help but think that he would be horrified to see what has happened to his favorite document during the past 8 years. Because the greatest casualty to 9/11 has been the Constitution! Under the guise of "homeland security", President Bush has used the attack on the Twin Towers to justify the gutting of the most impressive document of government written since the Magna Carta.

It can now be stated of America that under the leadership of President Bush, we have legalized the following acts that are considered by many to be unconstitutional:

* The government can imprison ANY AMERICAN whom the government has determined to be an "enemy of America". There is no need for a warrant.
* Suspension of Habeas Corpus. The right of an individual to petition the court for release from incarceration. This is the right to a trial. You can't simply be held indefinitely without a court appearance.
* While Congress has passed laws during the Bush Administration prohibiting torture, the President has issued a "signing statement" allowing it under his own interpretation of the law but in violation of the Constitution.
* Up until the passing of the most recent FISA Bill, President Bush authorized warrantless domestic wiretapping of American citizens.

The argument offered by the administration to justify these acts consists of the establishment of the never ending War on Terror. Then the President claims the additional powers offered to him by the Constitution in times of war and national emergency. The problem with this is that it has become a very open ended commitment on the part of the President. If the war never ends....you don't have to give up the extra power you wield.

President Bush & Vice President Cheney have long felt that the Executive Branch was stripped of it's power following Watergate. They have used the excuse of 9/11 to take power that Nixon never dreamed of.

Please don't misunderstand, I am aware that we face many dangers in today's world. But I fear anything that disrupts the delicate balance established by our founding fathers between the duty of the Executive Branch to execute the laws and the oversite obligation of the other branches.

These changes can be as dangerous in the long run as the threat of terrorism is in the short term. It sounds good to say that the President won't be bothered with liberal courts and evidence when terrorists stalk our streets to kill us. But in a few years, we could find that the "terrorists" are no longer Muslim but something much closer to home. You see the Patriot Act doesn't discriminate between citizen and non-citizen. So the next time it's used to arrest an "enemy of America" it might be you! And then you have no right to a trial or even to see the evidence presented against you.

This may sound silly, but if you have been called traitor and un-American as often as I have by bloggers, you get a little nervous when a candidate for vice-president starts talking about the "REAL AMERICA". I often argued in 2005 that you should never give President Bush power that you would not want a President Hillary Clinton to have.

I don't mind wiretapping of citizens. I do mind when it is done without a court order. I know I should trust the government to act responsibly, but as we learned last week...it often doesn't. We now know that countless American service men were listened in on while they called home. And instead of catching terrorists, we established a military intelligence 900 number. Military Intelligence was listening to phone sex between soldiers and the partners left at home. Worse, they were passing the BEST calls on to others to enjoy! Please explain to me how this is either making me safer or is protecting my constitutional rights.

Earlier this year, Sen. Obama showed that he understood the tightrope that must be walked between keeping the country safe and protecting the rights of its citizens. When the FISA bill was first presented, he worked to ensure that it required a court order be obtained for any wire tap. FISA was a very hot button issue for the liberal side of the Democratic party. He upset many of them when he voted for the FISA bill because he felt the need for safety outweighed the minor problems of the bill once oversight was established. In this, he showed a clearer understanding of the true intent of the Constitution than our current president has.

As a Constitutional Law professor for one of the best law schools in the US, Senator Obama offers our best hope for restoring the mindset of government to one that believes in the importance of the Constitution. He understands that it is our Constitution that makes America different from the rest of the world. We have seen this recently when the Supreme Court overruled a ban on handguns within a municipality. Sen. Obama disagreed with their ruling, but pointed out that while he didn't like it, once the Supreme Court makes a ruling....that's the law. How nice that he accepted it when he didn't get his way. Refreshing after the last eight years.

The Constitution is the single most important legal document in the history of our country. Sen. Obama is the candidate most inclined to uphold and defend the Constitution of the United States of America (and not just the parts that he likes!)