This past Sunday as I was waiting to go on Fox News to talk about the importance of the upcoming debate about the kind of Supreme Court Americans wanted, I had an extra few minutes to walk around the Capitol Hill area near the studio. As I was thinking about one of my key points – that we need a Justice who will keep faith with a Constitution that has been amended by generations of Americans to make sure that “We the people” means “all the people” - across my blackberry, came word that Attorney General Holder had just said on one of the morning news shows that he wanted Congress to consider modifying the Miranda rule to permit the government to interrogate citizens and legal aliens suspected of being involved in terrorism without advising them of their constitutional right to a lawyer and of their constitutional right not to incriminate themselves.
Now, I understand that these are troubled and scary times and that Americans understandably fear for their own safety as well as that of their loved ones. The attempted bombing in Times Square certainly was a wake up call. But, my gut told me that this was a bridge too far – that if we surrender the core constitutional values that make us and our democracy unique in the world, we are left with very little. As hard as it is sometimes, we really do need to make sure that “all the people” and not just some are protected by the Constitution.
And, as I was pondering this critical crossroads that we find ourselves at as a nation – I came upon the most eloquent reminder of how crucial it is to keep faith with these core constitutional values. It was the small park, near the corner of North Capitol Street and Louisiana Ave that houses the National Japanese American Memorial to Patriotism during World War II. The memorial was created as a tribute to brave Japanese Americans who fought for this country – and for our democracy – during World War II, despite that fact that their families and loved ones had been stripped of their homes and their belongings and were being kept in internment camps because of (what legislation passed by Congress and signed by Ronald Reagan in 1988 called) “race prejudice, war hysteria, and a failure of political leadership.” The shame of that moment in our history – capped by the Supreme Court’s infamous decision in Korematsu v. United States – should serve as a potent reminder to us of how important it is to keep faith with our core values and who we are as Americans.
My humble advice – let’s step back, take a deep breath, and think long and hard before we take steps that we will regret in the future.