Monday, August 25, 2008

The Constitution continues bleeding out...

...from multiple lacerations:
For Erich Scherfen, being on a government terror watch list isn't just a matter of inconvenience. It could end his career.

Scherfen served in the U.S. military for 13 years... After receiving an honorable discharge, he was hired as a pilot by Colgan Air Inc., a regional airline operating in the Northeast and Texas.

In April, Colgan informed Scherfen that he was on a government list and would be suspended from his job. He was told he faced termination on September 1 unless he was able to clear his name.

Scherfen is a convert to Islam. His wife emigrated from Pakistan when she was 17 and is now a U.S. citizen. She runs a small business selling books and DVDs about Islam, publications she describes as nonpolitical.

"I have no idea why I am on the list, and they're not telling officially that I'm even on the list," Scherfen said.

In a statement, the U.S. Justice Department said it will not confirm or deny that the couple's names are on a watch list for national security and privacy reasons.
Sadly, plenty of people are willing to say "well, that's what you get for converting to Islam." They're missing the point:
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. - Fifth Amendment to the U.S. Constitution
The entire Constitution is under assault, but perhaps no more evidently than in the damage constantly inflicted on the Fifth Amendment. Recent eminent domain cases gutted the protection against seizing private property. The rise of "civil penalty cases" effectively puts people back on trial after criminal cases return an unpopular verdict.

And now, by simply putting someone on a list, without explanation or even confirming they've done so, Uncle Sam's minions can destroy your livelihood. What happened to facing your accusers? Is his wife's business cause for concern? Fine, then: list those concerns. Charge them with conspiracy, if reason for such a charge exists. Otherwise, the couple is being asked to prove a negative ("when did you stop being a terrorist?") -- an impossible task.

In the name of "national security" the government now refuses to give account of its actions, even as those actions increasingly fly in the face of a clear reading of the Constitution's vital protections. That trend poses more danger to our way of life than this couple ever could.

No comments:

Site Meter