Spartan Daily - Serving San Jose State University since 1934

Issue date: 4/23/04 Section: Opinion>>Columnists

RON PANGRAC [Click to enlarge]

America is not a nation ruled by dictators or other tyrants.

Phrases that express the American ideal:

" ... all men are created equal ... "

" ... government of the people, by the people, for the people ... "

"Give me your poor, your tired, your huddled masses ... "

"The land of opportunity."

That last phrase exemplifies that America is a meritocracy - you are free to achieve what you can, to rise as high as your abilities can carry you.

Even more than being a meritocracy, though, America is what I call "the land of the little guy."

Because we are created equal and because we ourselves are the government, we have the obligation of watching out for each other. This pertains to every one of our fellow citizens - especially the small, the weak and the voiceless.

It also pertains to noncitizens when they are within our jurisdiction.

The Bush administration apparently doesn't think the same way.

For more than two years, some 600 men labeled "unlawful enemy combatants" have been detained by the U.S. government at Guantanamo Bay in Cuba. The Bush administration has denied them the right to speak with lawyers or even their families, though no formal charges have been made against them.

This week, the Supreme Court heard the first of three cases pertaining to the detainees. At issue was whether non-U.S. citizens can be denied legal rights indefinitely.

(Next week, cases will be presented regarding two U.S. citizens who are among the detainees. Both have been accused of being enemy fighters.)

The administration's argument in part is that Guantanamo Bay is not U.S. soil, and so the protections of American law do not apply.

In one narrow sense, that may make sense. And yet, Guantanamo Bay has effectively belonged to us for more than a century.

The United States has a perpetual lease, dating back to 1903, that gives us "complete jurisdiction and control" over the land. Cuba has had no authority there in that whole time.

For the U.S. military, it has been a strategic base ever since Fidel Castro came to power in Cuba in 1959.

The U.S. government has used Guantanamo Bay to its benefit all along.

And now, when it's convenient to point out that the land does not technically belong to us, the administration is more than happy to do so.

Talk about splitting hairs.

I'm wondering when they will be saying, "That depends on what your definition of 'is' is."

Although the American ideal includes "life, liberty and the pursuit of happiness" for all, the reality falls far short.

The American Revolution and the Constitution seemed to give us a worthy start, but so many other struggles have been necessary along the way: the end of slavery, women's rights, civil rights and the labor movement.

And often, the struggle has had to be against our own government.

To me, government is the most necessary of the necessary evils. Every society on Earth has had some form of government.

One of the things I love about America is that here, more than in any other country, government is to be the watchdog for the little guy.

Our government is supposed to protect minorities from oppressive majorities, the individual from entities like big business, the powerless from those with power.

It's a problem, then, when the government abuses its power.

When that happens, where does the little guy turn?

Sometimes, he can turn to the courts.

The constitutional separation of powers helps ensure that one branch of the government does not exceed its authority.

Fortunately for the detainees in Guantanamo Bay, the Supreme Court is considering their situation. It will have the obligation to stand against the executive branch if the justices determine that the administration is abusing the rights of those men.

There are plenty of times, though, when the courts offer no help.

Some other tools available to effect change on behalf of individuals or groups are grass roots organizations, the media and the ballot box.

What is also needed is a reminder to those in government that the power they have is on loan from the American public.

A term that I don't hear much anymore is "public servant." Officials - both elected and appointed - have been given power so they may serve the public, not so they may serve their own interests or push their own agendas.

When government abdicates its responsibility to the public, the little guy usually gets the shaft.

And the term "little guy" will have varied definitions.

For instance, when government is in bed with logging or mining interests, the little guy may be the environment.

Right now in Guantanamo Bay, the little guys are two U.S. citizens and citizens of more than 40 other counties.

I understand the need for protecting the United States from terrorists, but the Bush administration's denial of these men's legal rights embarrasses me as an American.

Unfortunately, it is just one more example of falling short of our ideals.

Ron Pangrac is the Spartan Daily copy editor.

"Reloading" appears every Friday.

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