I was recently taken to task by a writer who informed me our Founding Fathers would have been proud of the Bush administration policy toward prisoners because they wanted America to be protected against foreign attack. The writer did not cite any specific “Founding Father” nor did he quote directly anything stated by one of those men two hundred years ago that would have led to the conclusion a literal interpretation of the Constitution would conclude use of torture and denial of trial is the original intent of the Founding Fathers. Naturally, I thought it appropriate to read the Constitution in order to determine if that was their original intent.
“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 wherin 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 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.”
“In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and in fact, trial by jury, shall be otherwise reexamined in any court of the United States than according to the rules of common law.”
“Excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishment inflicted.”
I believe the ORIGINAL INTENT OF THE CONSTITUTION is clear– no torture, the right to a fair trial. Somehow, I do not believe Madison or Hamilton or Franklin would have viewed depriving people of sleep, forcing them to endure cold temperatures or waterboarding as fitting in to their ideas concerning proper treatment of prisoners.
Throughout the Revolutionary War, George Washington insisted on following the rules of war as known in the 18th century. There is no record of torturing captured British soldiers on orders of George Washington. Our Founding Fathers were raised with British concepts regarding the rights of man and torture and denial of a jury trial certainly were not part of their concept of the rights of man.
It is time for President Obama to return to the original intent of the Constitution and allow fair and impartial jury trials for the accused.