Constitution

Re "This Is War, and Military Justice Is Appropriate," Commentary, June 14: Douglas Kmiec's history lesson and reasoning are persuasive except for one critical point. His first sentence is, "We are at war." But, in fact, we are not at war. Article I, Section 8, of the Constitution is clear that "the Congress shall have power ... to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water." That's Congress, not the president. This was no accident.

In your story (Feb. 7, Dianne Klein column) you left out a few minor "facts" that your readers may wish to know. You claim that Juan Rodriguez got "lucky" by being found not guilty. Luck has nothing to do with it. This was not a close case. The 12 members of the jury reached a unanimous decision in a very short time; about 2 1/2 hours (including a half-hour break). They based their decision on the evidence in the case--not on sympathy for Larry Hatch or concerns about the war in the Gulf.

I appreciated "Giving Up Our Rights for Little Gain" (Commentary, Sept. 27). Governments will often take advantage of emergency conditions to rationalize suppressive legislation in the heat of the moment. Remember the events following the Reichstag fire in 1933, which was blamed on the Communists at the time. I am also concerned that there will be further beefing up of intelligence gathering organizations such as the FBI and CIA. Through the years, these have grown to unseemly size.

In response to "Taming the Monster: The Guns Among Us," editorial, Dec. 10: Your editorials in favor of gun control never cease to amaze me. The Fourth and Fifth amendments to the Constitution protecting individuals against unreasonable search and seizure and self-incrimination obviously seem to stand as an impediment to your master plan. Why don't you just come right out and say it? Tell us all that what you really want is the abolition of the Bill of Rights, save one--the First Amendment.

Taking on healthcare and job creation Re "Their job is to create jobs," Editorial, Jan. 5 Though I agree with your editorial urging the new Republican House majority to focus on jobs rather than a repeal of "Obamacare," I do find it interesting that nowhere to be found in this editorial was the fact that two years ago, Democrats were wasting a ton of time passing Obamacare as the unemployment rate soared. Yes, the Republicans will force Democrats to document their position on Obamacare via a repeal vote.

On Monday morning, Boston bombing suspect Dzhokhar Tsarnaev was charged with using a weapon of mass destruction. According to a transcript of that proceeding, a magistrate at Tsarnaev's hospital bedside read him the Miranda warning, informing him of his right to counsel and his right to remain silent. But among the things we don't know is if, or to what extent, Tsarnaev was interrogated before being informed of his rights. Over the weekend, Atty. Gen. Eric H. Holder Jr. gave every indication that he intended to have Tsarnaev questioned without the Miranda warning.

Governor General Penaia Ganilau formally proclaimed a constitution designed to ensure that political power in the South Pacific island state remains in the hands of ethnic Fijians, who make up an estimated 48% of the country of 720,000. The constitution, which has not yet been published, gives indigenous Fijians an automatic majority in a bicameral Parliament, as well as the right to hold the office of prime minister.

Re Sen. Robert Byrd's (D-W. Va.) push for legislation to require the teaching of the Constitution, Dec. 4: At least in California, the Constitution is a recurring topic in the required state standards for social studies. It is included in the curriculum for grades 3, 4, 5, 8, 10, 11 and 12! I know that our state's social studies standards are often held as a model for other states, but I would be shocked to find that the study of the Constitution is not included in the required curriculum of most other states.

An original printing of the first draft of the Constitution was auctioned Saturday for $85,000--the only bid for the document. An unidentified buyer made the uncontested offer during an auction in which signed letters, canceled checks, books and various mementos of Thomas Jefferson, Dwight D. Eisenhower and John Hancock drew greater interest, the Washington Post reported.

A March 20 letter states that "the U.S. Constitution focuses its power on protecting the rights and beliefs of the minority." Unfortunately, this couldn't be more wrong. That so many believe the Constitution is a document which grants rights and privileges to special groups or minorities is a point of view that continues to gain support regardless of its divisiveness. The Constitution is a document that tells the government, in no uncertain terms, how to behave. The founders understood that any government, regardless of how benign, craves more and more power over the governed.