Wednesday, March 25, 2009

Introducing the Star Chamber

The recent recipients of bonuses from AIG have been tried, convicted and urged to commit suicide by a number of prominent members of Congress, all for the crime of fulfilling their contracts.

Their actions are a disgrace to their offices and a betrayal of their oaths to protect the rest of us from such flagrant denials of due process.

But perhaps, somewhere in the thousands of pages of recent spending legislation the Bill of Rights has been replaced by the Star Chamber, of which Wikipedia says:

The Star Chamber (Latin Camera stellata) was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges, and supplemented the activities of the common-law and equity courts in both civil and criminal matters. The court was set up to ensure the fair enforcement of laws against prominent people, those so powerful that ordinary courts could never convict them of their crimes. Court sessions were held in secret, with no indictments, no right of appeal, no juries, and no witnesses. Evidence was presented in writing. Over time it evolved into a political weapon and has become a symbol of the misuse and abuse of power by the English monarchy and courts.

It was mistakenly thought that in 1487 an act was passed which established a special "Court of Star Chamber" to deal with the nobles; however; the only legislation passed in that year in this context was to set up a tribunal to prevent the intimidation of juries and to stop retaining. It seems to have gone out of use by 1509 and it had no connection with the later Court of Star Chamber whose primary purpose was to hear political libel and treason cases.

In modern usage, legal or administrative bodies with strict, arbitrary rulings and secretive proceedings are sometimes called, metaphorically or poetically, star chambers. This is a pejorative term and intended to cast doubt on the legitimacy of the proceedings. The inherent lack of objectivity of any politically motivated charges has led to substantial reforms in English law in most jurisdictions since that time.

As the U.S. Supreme Court described it, "the Star Chamber has, for centuries, symbolized disregard of basic individual rights. The Star Chamber not merely allowed, but required, defendants to have counsel. The defendant's answer to an indictment was not accepted unless it was signed by counsel. When counsel refused to sign the answer, for whatever reason, the defendant was considered to have confessed." Faretta v. California, 422 U.S. 806, 821-22 (1975).

But at least we now precisely what "change" Mr. Obama has brought to us. We are no longer citizens of a free republic. We are subjects.

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