Secret Laws

We have all heard about Executive Orders, Signing Statements, and other pieces of law-crafting that have come out of the Executive Branch in a way of

1. circumventing the law,
2. avoiding/rejecting Congress,
3. and blatantly disregarding the spirit of the Constitution.

To most of us, none of this is new. However, the fundamental arguments the Bush administration has used are unconstitutional.

Bush's White House are responsible for a great number of secret laws that are described here. They are passed without Congressional approval (first area that is at best an incomprehensible stretching and bending of the Constitution and at worst a total violation of it). They are also kept secret from:

1. The Congress,
2. The Judiciary,
3. The Press,
4. The People

all of which have Constitutional right to know.

But we all know that Bush & Co. have no interest in following the law, that the Judicial Branch is now so heavily weighted with conservatives that they would refuse to serve as a check to a Republican president, and that Congress has shown no fortitude to take on the president on this issue. So let's just cut to the most disgusting part of it all:

Secret Laws are the least democratic acts a president can do.

Let me repeat this idea: secret laws are undemocratic. Secret laws are the work of fascists and dictators. Preventing the public from knowing with what it is charged in a court of law, preventing the public from recognizing what the future of the country holds, preventing the public from being a part of the law-making process is the work of petty thugs and monarchs. It is the truest means of expressing outright contempt for the fundamental principles of democracy.

I understand that the way our Constitution was written was to serve with checks and balances. I understand that, in some ways, it is the president's job to push against Congress and the Judiciary. I understand that he would be remiss if he didn't try to do what he thought was right. I understand that the United States of America is a republic founded on democratic principles: not a true democracy [I've preached that sermon to anybody that would listen]; but...

The fundamental democratic principles inherent in the Constitution suggest that freedom of access to our government, to our officials, and most importantly to our laws are the very hallmarks of our government. Secrecy is antithetical to our entire government.

I know, I know "what about terrorists?" you cry. "What about our military? Our CIA and FBI? Secrecy is fundamental to these agencies!" you retort. Well, isn't the answer self-explanatory? The very nature of the intelligence community (especially in order from least offensive to most: FBI, CIA, and NSA) is antithetical to democracy. The very presence of these agencies in our government is a concession with which the people are willing to live, but is not the starting point, but the middle; the hazy gray area of public opinion.

Shifting the goal posts to total secrecy and dependence on the "unitary executive" is the same as living in a fascist state.