Is Obama Striking the Right Balance?

President Obama has both undermined national security and eroded the foundation of human rights law.

Obama declares that "We are indeed at war with al-Qaeda," but he argues that we must treat terrorist threats as police matters. Citing the convictions of Ramzi Yousef, the 1993 World Trade Center bomber, and Zacarias Moussaoui, the 20th Sept. 11 hijacker, Obama says, "Our courts and juries . . . are tough enough to convict terrorists." Convictions, however, require evidence available only after an attack. Safeguarding national security means more than just picking up the pieces.

More misguided is Obama's extension of constitutional rights to terrorists. The Geneva Conventions do not apply fully to all prisoners. To qualify for maximum protection, combatants must wear uniforms, carry arms openly and adhere to the laws of war. Terrorists fail on all counts. To bestow rights regardless incentivizes future noncompliance. If combatants face no penalty for using schoolchildren as shields, then why not set up arms in a school yard?

Our constitutional principles must remain sacrosanct, but to preserve them we must not misapply them.

Michael Rubin is a resident scholar at AEI.

Also Visit
AEIdeas Blog The American Magazine
About the Author

 

Michael
Rubin

What's new on AEI

Holder will regret his refusal to obey the Constitution
image 'Flood Wall Street' climate protesters take aim at their corporate allies
image 3 opportunities for better US-India defense ties
image Is Nicolás Maduro Latin America's new man at the United Nations?
AEI on Facebook
Events Calendar
  • 29
    MON
  • 30
    TUE
  • 01
    WED
  • 02
    THU
  • 03
    FRI
Thursday, October 02, 2014 | 9:00 a.m. – 10:30 a.m.
Campbell Brown talks teacher tenure

We welcome you to join us as Brown shares her perspective on the role of the courts in seeking educational justice and advocating for continued reform.

Friday, October 03, 2014 | 12:00 p.m. – 1:00 p.m.
Harnessing the power of markets to tackle global poverty: A conversation with Jacqueline Novogratz

AEI welcomes you to this Philanthropic Freedom Project event, in which Novogratz will describe her work investing in early-stage enterprises, what she has learned at the helm of Acumen, and the role entrepreneurship can play in the fight against global poverty.

No events scheduled this day.
No events scheduled this day.
No events scheduled today.
No events scheduled this day.
No events scheduled this day.
No events scheduled this day.