Ethics
In a society that has been tarnished by many unfair calls of being 'unpatriotic', the recent comments by Charles Stimson, the deputy secretary of defense of detainee affairs, rank among the most foolhardy.
Mr. Stimson suggested that corporate clients of many top law firms should end their relationship with these firms if they do not agree to stop representing Guantanamo Bay clients. Upon cursory examination there seems to be nothing wrong with this: corporate clients may take their business anywhere they like, and consumer activism to change corporate policy is nothing new. However, the analogy is flawed in one very important aspect: domestic politics should not be allowed to effect Constitutional guarantees. Among these Constitutional guarantees, the right to 'due process under the law' from the 14th ammendment is a fundamental and critical one.
A possible rejoinder is that these corporate clients, along with the executive branch, do not believe that these Constitutional guarantees extend to inmates at Guantanamo Bay. They are entitled to their opinion, but their opinion is not controlling. The controlling opinion is that of the judiciary and its highest court: the Supreme Court. And this highest court has ruled that these prisoners are allowed certain 'due process' under law, which includes representation. The court (as well as the nation) is split as to exactly how much process is due to these folks due to their unique circumstances, but the right to representation at least is clear.
To exert private sector and executive branch pressure on law firms in the manner suggested basically circumvents the ruling of the USSC. It would allow the people's representatives and its monied interests to render the ruling of our highest court unenforceable. I'm not going to get into why this somewhat democratic-looking concept is not a very good idea just now (see James Madison's views on factions in the Federalists Papers). But suffice to say that I at least think it's a bad idea.
The Constitution has given the people of this country certain unalienable rights in order to allow the functioning of a just society. Irresponsible comments like those of Mr. Stimson threaten these principles.
In a society that has been tarnished by many unfair calls of being 'unpatriotic', the recent comments by Charles Stimson, the deputy secretary of defense of detainee affairs, rank among the most foolhardy.
Mr. Stimson suggested that corporate clients of many top law firms should end their relationship with these firms if they do not agree to stop representing Guantanamo Bay clients. Upon cursory examination there seems to be nothing wrong with this: corporate clients may take their business anywhere they like, and consumer activism to change corporate policy is nothing new. However, the analogy is flawed in one very important aspect: domestic politics should not be allowed to effect Constitutional guarantees. Among these Constitutional guarantees, the right to 'due process under the law' from the 14th ammendment is a fundamental and critical one.
A possible rejoinder is that these corporate clients, along with the executive branch, do not believe that these Constitutional guarantees extend to inmates at Guantanamo Bay. They are entitled to their opinion, but their opinion is not controlling. The controlling opinion is that of the judiciary and its highest court: the Supreme Court. And this highest court has ruled that these prisoners are allowed certain 'due process' under law, which includes representation. The court (as well as the nation) is split as to exactly how much process is due to these folks due to their unique circumstances, but the right to representation at least is clear.
To exert private sector and executive branch pressure on law firms in the manner suggested basically circumvents the ruling of the USSC. It would allow the people's representatives and its monied interests to render the ruling of our highest court unenforceable. I'm not going to get into why this somewhat democratic-looking concept is not a very good idea just now (see James Madison's views on factions in the Federalists Papers). But suffice to say that I at least think it's a bad idea.
The Constitution has given the people of this country certain unalienable rights in order to allow the functioning of a just society. Irresponsible comments like those of Mr. Stimson threaten these principles.
posted by slithytoves at 1:36 PM
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