The U.S. Constitution and the Defense of Human Rights

I've frequently written on the topic of torture. Torture is antithetical to the values that America represents and endangers America's security because it is simply ineffective. A New York Times editorial today emphasizes another aspect. Not only is it wrong to do so, it is unconstitutional. Namely, the assertion of a right to indefinitely detain people in the United States without charges violates our right to due process. The belief in such a bizarre doctrine would essentially render the fifth and sixth amendments meaningless:

Amendment V

No person shall be held to answer for a 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 offense 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.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

One of the most beautiful things about the U.S. Constitution is how many human rights it legally protects. We must ensure that it continues to do so, and not settle for anything less. The case of Maher Arar demonstrates the immoral abuses we are complicit in if we ignore the issue.