15 November 2010
Neo-Con Court Activism
How can NGOs raise funds for humanitarian assistance to populations within a nation that our federal government designates as "terrorist" or to a school in Iran, for example? The Supreme Court has decided that it will be illegal for an individual or organization to provide "material support" within a region, country or area that the Department of State lists as "terrorist" or "fostering terrorism."
I understand and appreciate a prohibition of giving aid and support to an enemy of the United States. Nevertheless, the list maintained by the Department of State depends on current politics and unusually broad definitions of "material support." Does a donation to an American university's endowment constitute "material support" if the faculty or students of that university have demonstrations and stated positions decrying actions by the federal government? Would SNCC, Viet Nam Veterans Against the War, Cairo University, Bir Zeit University be illegal under this recent provision? There are valid arguments and living examples to define educational institutions as the breeding grounds of terrorists. What input would the FBI have? Will this prohibition exclude domestic organizations?
The definition of 'terrorist' or 'terrorism' is not self-evident to all persons. When is a person's action defined as 'riotous', 'hooligan', 'insurgent', 'freedom-seeking' from some perspectives defined by others as 'terrorist'? Would a donation to the Fraternal Order of Police Officers of Montgomery County [a fictional name] in 1968 fall under the actions now prohibited as providing "material support" to a terrorist organization? Oh, but the police are not terrorists? Please explain why not to the Blacks of Montgomery County in 1968.
I hope this issue returns to the Congressional agenda very soon. The SCOTUS activism should receive Congressional scrutiny and revised legislation, if that is Congress' intent.
Post a Comment
I understand and appreciate a prohibition of giving aid and support to an enemy of the United States. Nevertheless, the list maintained by the Department of State depends on current politics and unusually broad definitions of "material support." Does a donation to an American university's endowment constitute "material support" if the faculty or students of that university have demonstrations and stated positions decrying actions by the federal government? Would SNCC, Viet Nam Veterans Against the War, Cairo University, Bir Zeit University be illegal under this recent provision? There are valid arguments and living examples to define educational institutions as the breeding grounds of terrorists. What input would the FBI have? Will this prohibition exclude domestic organizations?
The definition of 'terrorist' or 'terrorism' is not self-evident to all persons. When is a person's action defined as 'riotous', 'hooligan', 'insurgent', 'freedom-seeking' from some perspectives defined by others as 'terrorist'? Would a donation to the Fraternal Order of Police Officers of Montgomery County [a fictional name] in 1968 fall under the actions now prohibited as providing "material support" to a terrorist organization? Oh, but the police are not terrorists? Please explain why not to the Blacks of Montgomery County in 1968.
I hope this issue returns to the Congressional agenda very soon. The SCOTUS activism should receive Congressional scrutiny and revised legislation, if that is Congress' intent.
Labels: judicial activism, SCOTUS, terrorism
<< Home
