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17 January 2011 By Jacob G. Hornberger Americans who travel overseas do so at their own
risk. That principle used to apply only to foreign
governments but now it also applies to the U.S.
government, which is exercising unlimited powers
against Americans and others while operating within
foreign countries. We already know about the omnipotent power of the
U.S. military and the CIA to deprive Americans of due
process of law and trial by jury and to torture and
assassinate Americans who are suspected of being
terrorists. So far, the military has wielded the
denial-of-due process power and the
denial-of-trial-by-jury power as well as the torture
power on an American here at home (i.e., Jose Padilla)
and has wielded the assassination power, so far
unsuccessfully, on an American overseas (i.e., Anwar
al-Awlaki). The case of an American teenager, 19-year-old Gulet
Mohamed of Alexandria, Virginia, is demonstrating that
federal officials are exercising other dictatorial
powers on Americans who travel overseas. Mohamed was
recently detained in Kuwait, where he says that FBI
agents subjected him to several hours of increasingly
hostile interrogation. Even after Mohamed asked for
the services of an attorney, the agents continued
interrogating him. The interrogation, Mohamed says,
culminated in his being severely beaten and deprived
of sleep. Mohamed said that Kuwaiti officials finally
intervened and ended the U.S. interrogation. So, does Mohamed now plan on returning home? Well,
he'd like to, but he is having a hard time doing so.
Even though he is an American citizen, he can't take a
flight home. Why? Because the feds have placed him on
their "no-fly" list, which prohibits him from flying
home, no matter how many body scanners and pat-downs
he's willing to undergo. When the Constitution was proposed, many Americans
opposed it. They were concerned that the federal
government that the Constitution was calling into
existence would end up exercising the types of
dictatorial powers that the British government had
exercised on the British people, especially those
living in the British colonies in America. Proponents of the Constitution responded that
people didn't need to be concerned because the
Constitution expressly set forth the limited powers
that federal officials would be permitted to exercise.
Since such enumerated powers didn't include the types
of dictatorial powers that the British government had
exercised, federal officials would never be able to
exercise them. Americans were still not convinced. As a condition
for approving the Constitution, they demanded passage
of the Bill of Rights, which expressly set forth
specific rights and guarantees that the federals would
not be permitted to infringe upon. Such rights had
become recognized over centuries of resistance by
British citizens against the tyranny of their own
government. The Fifth Amendment prohibits the feds
from depriving a person of life, liberty, and property
without due process of law. The Ninth Amendment
pointed out that the rights and guarantees named in
the Bill of Rights were not all-inclusive; freedom of
travel, a long-recognized natural, God-given right, is
a good example. Some people today might argue that the Constitution
and the Bill of Rights are antiquated and outmoded. We
can trust federal officials to do the right thing,
statists say. Yet, when we see how U.S. officials
operate overseas without constitutional restraints, we
have to thank our lucky stars for the wisdom of our
American ancestors. As bad as things are here at home
with respect to liberty, imagine how much worse they
would be if U.S. officials were able to exercise the
same unlimited, dictatorial powers at home that they
are wielding on Americans and others overseas. Despite his detention, harsh interrogation, and
infringement on his freedom to travel at the hands of
his own government operating without constitutional
restraint overseas, perhaps American Gulet Mohamed
should count himself fortunate. At least they haven't
assassinated him. Jacob Hornberger is founder and president of The
Future of Freedom Foundation. |