By PLS
I just got an email from my friend Cynthia. She’s an instant Arabist — two years is nothing when it comes to internalizing a language like Arabic, to say nothing of sorting out its mutually incomprehensible dialects and the vastly different cultures which have evolved them — and she was thrilled when, at last, she was assigned to a US embassy dedicated to undermining a dictator and creating democracy. It’s called transformative diplomacy, she wrote, with rather touching, messianic enthusiasm. She intended to be a very enthusiastic part of it.
As we all know, the US is the touchstone of government by the people, and Cynthia had the academic background in American Studies that would make her a priceless asset to that grand democracy-building project. Unfortunately I can’t tell you the name of the country. Cynthia isn’t my friend’s name either. This is actually a very embarrassing story.
Cynthia was invited to give a talk on democracy to a group of students one day. A social studies teacher at a highly reputable college wanted her to discuss topics like the rule of law, separation of powers, habeas corpus, transparency, free and fair elections — the whole gamut of essentials, if there’s to be government of, by and for the people. Her superiors were delighted and gave permission.
This being an elite college, many of the students knew English and a few had actually studied in the US. Cynthia was relieved. She knew her freshly minted Arabic was little shakey. Besides the country was rife with anti-Americanism and she was glad to have some instant allies in the room. To live in the US, she knew, is to love it.
She started out by explaining that a distribution of essential governmental functions among the legislature, the executive and the judiciary prevents concentration of power and thus forestalls tyranny in the US. The President proposes policies, she said, but Congress controls the budget and makes law, which the President then administers. The judiciary ensures that everything’s in harmony with the Constitution.
Most of the students were having a hard time getting all that straight, so Cynthia was happy when one of the US-returned students raised his hand.
“Tell them about the veto,” he suggested.
“Oh yes,” said Cynthia. “If a President doesn’t like a new law, he can veto it. It won’t go into effect unless Congress overrides the veto with a two thirds majority. That’s in the Constitution, too.”
“What about signing statements?” asked the US-returned student. “Is it true that a President doesn’t have to veto a law he doesn’t like? All he has to do is write a little note saying he won’t enforce all or part of it because he doesn’t want to?”
“Yes,” said Cynthia, feeling a little uneasy. “It’s not in the Constitution, but it happens a lot these days.”
“Aha!” exclaimed the student. “That means your President is above the law, just like ours. Our President doesn’t listen to the legislature either.”
“Well, no,” insisted Cynthia. “It’s different. We live in a democracy and you don’t. Here you can be thrown in jail and kept there, in secret, without trial, for the rest of your life. We have habeas corpus. We get a lawyer and a speedy trial.”
“Hmmmm,” said the student. “I have a friend in the US whose uncle was taken away after 9/11. No one knows where he is—”
“He was probably sent home.”
“He hasn’t arrived. Do you think he might have been rendered?”
“That's a secret. If we told you where he was, you’d try to get him out and we’d never learn what he knows about 9/11.”
“How do you know he knows something?”
“I can’t tell you. It's a national security thing.”
“I know that torture’s illegal for Americans in America. But what if he’s being tortured somewhere else?”
“We get promises. The rendition receivers have to treat the rendees well.”
“But these countries torture their own citizens. Why should they treat aliens better?”
“They promise. They sign a document. That makes it legal.”
“So that’s what you mean by the rule of law?”
“Not really,” protested Cynthia. “It’s a national security issue. That makes it a whole different kettle of fish. During a war, the President must be able to make quick decisions and sensitive information must be kept from the enemy, which means unfortunately no one else can know either, not the people, not even the Congress.
“So there’s no transparency in American government these days, and the American President is an absolute dictator as long as the War on Terror lasts, which could be decades or more?”
“Not really. He just has extraordinary powers as Commander-in-Chief.
“Powers specified in the Constitution?”
“Not exactly.”
“Then who defines his powers? Congress?”
“The Courts say that would limit the President too much.”
At that point the US-returned student turned triumphantly to the class. “See! The American President is just like ours! So democracy is when the President is free to decide what’s best for the country. Isn’t that true, Miss Cynthia?”
“That’s not what I thought I was saying. Maybe you misunderstood my Arabic.”
The teacher checked his watch about then, and time, it seems, was up. “Thank you so much, Miss Cynthia,” he said. “Your Arabic was beautiful, and your words were music to our ears.”