Once again the world faces a very serious moral crisis. The concept of the rule of law, duty of care citizens have towards one another, compliance with obligations towards employers, and loyalty to the state, is being tested in seemingly solid democratic nations. The Nuremberg trials revealed, in horrific graphic display, that the justification “I was only following orders” was, in the face of the evidence of one’s own actions, not a tenable position. Criminal and immoral orders from above was no longer acceptable as an excuse of unacceptable behaviour.
It can, however, be extremely problematic and difficult for the individual to take action against those giving the orders. Indeed the whole concept of whistleblowing can, in many circumstances, be very self destructive or personally counter productive unless upheld by one’s fellow citizens or co-workers who may be adversely affected by the action taken.
The kinds of orders currently being given and acted upon in the United States of America have become far more serious and dangerous to the well being of a democratic state. Compliance with orders to deport and arrest innocent individuals and run roughshod over the rights of people whose liberty and well being is at stake is anathema; yet, clearly, there are huge numbers of people willing to comply with carrying out such orders without question, under the guise of “only doing one’s duty”. Not only have most courts ruled many executive orders are outside the rule of law, but are most certainly in breach of the fifth and fourteenth amendment of the Constitution of the United States, amongst others.
Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Fourteenth Amendment:
SECTION . 1. All persons born or naturalised in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
(Sections 2,3,4 and 5 deal with elections of representatives, disqualification for insurrection, public debt and enforcement. Section 3 would, in my view as well as others, most certainly apply to Mr Trump)
One has to imagine the difficulty faced by an Immigration and Customs Enforcement Officer when carrying out his/her orders in the light of the current atmosphere created by Mr Trump and his acolytes. The arrogance and definitive position taken by his/her superiors and the barrage of misrepresentation of the truth and law, spumed out by various individuals in the Trump administration, make it virtually impossible for any average right minded employee to shout out “Stop this, enough, this is wrong. I object. I will not follow this illegal order”.
It is all very well for Senators, House Representatives, politicians and pundits to take a stand for democracy, but for the individual actually expected to do the hands on part of the job, it is not so easy. To behave like a decent moral citizen, upholding a primary duty of care, in the face of a higher power or authority, is a tough ask. It shouldn’t be so, given what we are usually taught about decency and respect for others, but it is. Of course there have been examples of people who have resigned from positions where they have been told to take a certain course of action, such as lawyers refusing to cease ongoing actions, but there is always someone else to replace them. Therein lies the problem. There is always someone else. It is often said that one person can make a difference, but it usually takes a very long time and a lot of heartache for that difference to take effect. There appears to be some movement or backlash in the United States against Trump and his ridiculous administration. One hopes it is so.
The problem with blind nationalism throughout the world is that there are always people willing to do the dirty work and just follow orders. The things people do to each other is hard to come to terms with. We make laws about thievery and violence and take high moral positions, but when it comes to the actions of Nation States and the dangers of populism leading to dictatorship, somehow it all goes out the window. Political promises of a golden era to come, if only we do what we’re told, is the simple mantra. If only that were true. It comes back to the Eve Merriam poem I posted on 20th March, the last two stanzas of which:
Only we two, and yet our howling can
Encircle the world’s end.
Frightened, you are my only friend.
And frightened, we are everyone.
Someone must make a stand.
Coward take my coward’s hand.
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