For Your Information
Conception that "All Men Are Created Equal" Denies Accountability
On July 4, 1776, the U.S. Declaration of
Independence was issued, with its now famous phrase, "We hold these
truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain unalienable
rights, that among these are life, liberty and the pursuit of
happiness." The phrase has become well known in part because it is so often
repeated by presidents. Importantly, however, it is known because
inequality is so rampant in the United States and in
relations between the United States and other countries. Taking the
phrase in historical context at any time through the history of the
United States since it was constituted, what is revealed
is how the phrase about equality is used to promote U.S.
exceptionalism. Today this most often takes the form of distinguishing
the U.S. as exceptional and indispensable, to which all
countries must defer.
President Joe Biden, at his press conference after meeting with
Russian President Vladimir Putin on June 16, put it this way: "I made it clear to
President Putin that we'll continue to raise issues of
fundamental human rights because that's what we are, that's who we are.
The idea is: 'We hold these truths self-evident that all men and
women...' We haven't lived up to it completely,
but we've always widened the arc of commitment and included more and
more people."
He also said, "We're uniquely a product of an idea. What's
that idea? We don't derive our rights from the government; we possess
them because we're born -- period. And we yield them to a
government."
This statement is incoherent as one cannot possess or keep hold of a
right and also yield it to government. A human right belongs to the
holder as a human being and cannot be given,
received or forfeited in any way. It belongs to the holder by right and
that right means it exists in its affirmation, as a matter of a human
person making claims on society for what belongs
to them as a human being and member of that society. That is what a
right is. It consists as an expression of a concrete reality.
The U.S. conception of equality, however, is an idea, an aspiration.
According to Biden's rendering, the problem with the Constitution is
not that it deprives the people, the majority, of
power, but that it needs to be more inclusive, bring more people under
its rule and accepting of government dictate.
In the press conference after meeting Putin, Biden added, "Human
rights is going to always be on the table, I told him. It's not about
just going after Russia when they violate human
rights; it's about who we are. How could I be the President of the
United States of America and not speak out against the violation of
human rights?"
Nothing could be more incoherent, absurd and disinforming. Not only
is the U.S. the greatest violator of human rights both at home and
abroad, but, most significantly, Biden and the
U.S. repeatedly fail to take responsibility for the consequences of
these violations. Everything is rendered as a variant of "we will do
better in the future," as a commitment which has no
materiality whatsoever.
There is no accountability and no mechanism for accountability in
the U.S. Constitution. African Americans have repeatedly brought
forward the charge of genocide and are doing so
again at an International Tribunal on U.S. Human Rights Violations to
be held this year. Immigrants and refugees also speak to the brutality
and attacks on human rights by the U.S.,
including many deaths at the border due to U.S. actions. In addition to
long detention of large numbers of children, a violation of rights
under U.S. and international law, a new report
documents "forced feeding, forced hydration, and psychological coercion
of individuals detained by Immigration and Customs Enforcement (ICE)
between 2013-2020." Many were women
on hunger strike demanding their release and humane conditions for all
those detained. The treatment clearly violated the health and human
rights of those in detention.
It is not uncommon to hear it said that when violations of rights
take place, the Supreme Court will deliver justice. This denies that
the Supreme Court is part of the executive and its
constituted police powers. It most recently ruled in favour of child
slavery in the suit against Nestlé and Cargill, two of the world's
largest manufacturers of chocolate. The suit charged
them for knowingly buying cocoa beans from farms in Africa that used
child slave labour -- something these oligopolies likely organized and
imposed. The suit said they "aided and
abetted" the slavery, which is a crime against humanity. The group of
six adults sought to bring a class action suit on their behalf and that
of thousands of other children. The two giants
denied any wrong-doing.
The Court ruled that the law used, known as the Alien Tort Statute
(ATS), which permits foreign citizens to sue in U.S. courts for human
rights abuses, required a far higher level of
proof to condemn U.S. companies operating outside the country. The
court said that "mere corporate presence" and "general corporate
activity" in the United States are not enough "to
support a domestic application of the ATS." This means the child slaves
have to provide proof that corporate officers in the U.S. actively
plotted to aid and abet child slavery taking place
outside the U.S. Biden made no comment and it was his administration,
like Trump's before him, that was involved in pursuing the case for
Nestlé and Cargill.
The absence of constitutional mechanisms to hold the government
accountable for the crimes the U.S. system perpetrates and condones is
a main concern of the people across the United
States this July 4. There are no mechanisms to hold authorities
to account, whether it be for killer cops or killer drones or acts of
mass incarceration or discrimination, acts of
genocide and other crimes against humanity. Many U.S. treaties even
impose conditions of impunity for its soldiers who commit not just
military crimes but also acts like rape and murder
against civilians in countries the U.S. occupies or where it has bases.
In similar fashion, in the name of high ideals, elected officials and
policing forces enjoy impunity at all levels.
The U.S. rejects the jurisdiction of the International Criminal
Court (ICC), set up as an arena to address crimes of countries the U.S.
imperialists and its allies want tried, so long as it does not
include themselves. There was an uproar among Congress people recently
when House Representative Ilhan Omar on June 7, referring to U.S. crimes in both
Palestine and Afghanistan, asked
Secretary of State Anthony Blinken about U.S. accountability during a
Foreign Affairs Committee meeting. She said, "I know you oppose the
[International Criminal Court's]
investigation in both Palestine and in Afghanistan. I haven't seen any
evidence in either cases that domestic courts both can and will
prosecute alleged war crimes and crimes against
humanity.... In both of these cases, if domestic courts can't or won't
pursue justice, and we oppose the ICC, where do we think victims are
supposed to go for justice? And what justice
mechanisms do you support for them?" Blinken responded that both the
U.S. and Israel already "have the means." "I believe that we have,
whether it's the United States or Israel, we both
have the mechanisms to make sure that there is accountability in any
situations where there are concerns about the use of force and human
rights, etc. I believe that both of our democracies
have that capacity. And we've demonstrated it."
The consciousness that words are cheap in the U.S. is very high. As
Blinken spoke, the massive bombing and crimes of genocide were
occurring against the Palestinians, while police
racist killings continue in the U.S. and the lack of charges or
accountability persist. There was an immediate effort to try and get
Omar censored and removed from the Committee, simply
for asking the question. Blinken clearly means the U.S. has
demonstrated that it will use force with impunity and defend Israel
doing the same and their "rules-based order" decides who is
and is not human and worthy of protection.
On this July 4, at a time the crimes the U.S. is committing are
growing with every passing day, nobody is celebrating Old conceptions
of equality as aspirations with no materiality, as cover-ups for the
aim of the Constitution. That aim is to make sure the society is
divided between those who rule and make all the decisions to their
advantage and those who are disempowered and whose only duty is to obey
the verdicts rendered from on high over which they exercise no control.
With its structures of inequality and lack of accountability, now is the
time to bring in modern definitions of democracy based on
accountability, including a modern constitution which codifies what the
people of the United States are fighting for today.
A fundamental feature of a modern constitution would be the inclusion
of means to hold governments accountable for any crimes, including
those concerning aggressive wars and war crimes, genocide and the
current practice of lynching by police. It would also provide means
for the people to deliberate on issues of war and peace, the economic
direction set for the country and an
all-sided approach to issues related to security.
A modern democracy suitable to the people must enshrine the people
themselves as the supreme source of power. They should be able to remove
governments that they consider to be responsible for wars and extreme
violence, whether at home or abroad. Part of the battle of democracy,
which is the battle over political supremacy, over who has power to
decide, is about war and peace and defining crimes and punishment. At
the heart of
the battle of democracy today is the battle over political supremacy,
over securing political power for the people.
Political deliberation and discussion are a critical part of the fight
to make the people indispensable, not disposable.
This article was published in
Volume 51 Number 18 - July 4, 2021
Article Link:
https://cpcml.ca/Tmlm2021/Articles/MS51186.HTM
Website: www.cpcml.ca
Email: editor@cpcml.ca
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