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Debating the Rule of Law

Matt Browner-Hamlin's picture

Jamison Foser of Media Matters posted a detailed commentary about the content of the presidential debates - or, more specifically, the prominent absence of questions in the debates on issues of rule of law and the Constitution. (Hat tip to imapatriottoo for the link)

Through 17 debates this year, roughly 1,500 questions have been asked of the two parties' presidential candidates. But only a small handful of questions have touched on the candidates' views on executive power, the Constitution, torture, wiretapping, or other civil liberties concerns. (A description of those questions appears at the end of this column.)

Only one question about wiretapping. Not a single question about FISA.

There has, however, been a question about whether the Constitution should be changed to allow Arnold Schwarzenegger to be president.

Not one question about renditions. The words "habeas corpus" have not once been spoken by a debate moderator. Candidates have not been asked about telecom liability.

It's a shocking assessment of what the candidates have not had a chance to talk about in the presidential debates. Foser contextualizes the meaning of the absence of discussion of rule of law issues in the debates:

These are serious times. There is no guarantee that the next president will quietly abandon the Bush administration's embrace of torture and wiretapping and detaining people without charging them with crimes. There is no guarantee that the next president will ignore Bush's precedent and treat Congress as an equal branch of government. The political media's shocking indifference to these matters suggests that they think the nation will simply and spontaneously return to normalcy the moment George W. Bush leaves office, governed once again by the laws and principles and freedoms that have long constituted America's essential qualities.

But this is by no means a certainty, and helping Americans understand the approach the various candidates would take to these matters is perhaps the most important thing the media can do over the next year.

Chris Dodd has made his campaign for the presidency about restoring the Constitution because he recognizes how critically important leading according to the rule of law is for maintaining our identity at home and keeping America safe. His dedication to these issues has also been a hallmark of his career in the Senate. He's arrived at these issues despite the absence of their coverage in the press - a clear indication of how seriously he takes them.

Unfortunately there just haven't been many opportunities for Senator Dodd and the other Democratic candidates to discuss issues related to the rule of law in the presidential debates. Tim Tagaris and I usually check in at some point in every debate to point out there doesn't like questions related to FISA, habeas, or oversight into Bush administration lawlessness would come up in the debate.

What makes the lack of discussion on these issues isn't so much that I think Chris Dodd's record on them would be recognized by voters as distinguishing him from his competitors (though I do think that's the case), but that these issues are crucial and pressing. As Foser writes, "these are serious times." The onus will be on the next President to either continue or end the Bush administration's questionable policies relating to the rule of law.

We know where Chris Dodd stands - he will get the Constitution back for the American people - but it'd be a credit to the American public if there was a greater emphasis on these issues in the presidential debates.

Comments

Monica Smith November 19, 2007 - 4:29pm

Yes, I always look for the thing left out. It's often more important than the things put in.
That's not an original notion. It's how Hemingway wrote his short stories--editing them extensively to take things out and yet echoes remained to settle into the reader's mind.

Peter Macdonald November 20, 2007 - 9:28am

This Letter is published on Boston Globe and Red Sox blogs
Dover has a new newspaper 11-20-07
Written by Peter Macdonald 465 Packersfalls rd Lee NH 03824 603-659-6217
Dover has a new newspaper. I heard people talking at Young’s restaurant this morning. The patrons at Young’s got a copy of this new Dover Community news and were amazed at the unbiased reporting in the articles. Maybe Fosters monopoly on the people’s right to read unbiased news will come to an end. The Fosters edits your opinion letters to read what they want them to say. They refuse to print a letter that the author refuses to give the Fosters permission to edit.
Do you believe it is in the best interest of the citizens of Dover and the entire state of NH to learn that Judge Peter Fauver violates the Constitution at his will to harm natural born residents of the United States. Do you believe it is in the best interest of the Dover Community and the State to learn that the NH Supreme Court refused to hear a case that questioned the integrity of the NH judicial system. Do you believe it is in the best interest of the people to learn that the NH governor uses the State Police to intimidate NH residents that want to expose government wrongs. Do you believe it is in the best interest of the public to know that U.S. congress woman Shea-Porter files false police reports if you write a letter to the editor about her and she does not like it. Does the Dover community need to know that the Dover and Lee NH police refuse to allow citizens to file complaints against elected officials that violate the law. How about she uses her trusted government powers to have a VA DR file commitment orders with out Merit to have a 100% disabled veteran put in the funny farm to stop this veterans free speech. Should the residents of Dover and the State of NH be told that the director of the NH VA stopped a 100% disabled veterans medical for political self gain. The crimes here continue to mount. The Fosters as well as the rest of the newspapers and media in the State refuse to inform the public. Should a natural born U.S. citizen whom served as a U.S. Marine and volunteers to help others every day since 1974 be subject to such criminal treatment and the news censor the public from the facts. How many other innocent Dover and NH residents have been subject to criminal judges and government official’s actions. Maybe an independent newspaper is what Dover and the State needs.
Well now we have a new newspaper in town. The People are recognizing just how biased the others papers are. I have no idea if this paper will continue to write the news as it happen or will eventually be swallowed by the Concord Boys club. How many newspapers will dare print a letter that states the truth. Only time will tell. The Dover community is lucky to have such a chance.
Peter Macdonald Sgt USMC Semper Fi



 
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