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Perhaps the single most important difference between the United States and all those countries that existed prior to its creation and most since is that fact that our system of checks and balances ensured that the laws of the land were more important than the powers of any single leader, king or “strongman.”

The three branches of government created in our Constitution were designed to mitigate and control the power of any one of them. So important was this to the founding fathers that Articles One, Two and Three of the Constitution establish the legislative, executive and judiciary branches of our government. No need to delve deeply into the document, the creation of these checks and balances is the very first topic covered in the creation of our government, because they realized then what we know now: If any one person can put him/herself above the laws of the land with impunity, we don”t really have a democracy at all, we have a dictatorship.

The term “banana republic” came into being during the past century because it was common in Central and South America to have a dictator come to power, ignore the laws of the country and instead enforce his own will upon his subjects. The courts and legislators of the land were powerless to interfere.

Our leaders swear an oath to protect our Constitution when they take office because preserving the integrity of our democracy is at the heart of what has made and will continue to make the United States a place where individual”s rights are protected and sacred. We can”t be thrown in jail without due process; our property can”t be seized without due process, the president can”t declare war without due process. Well, that”s the way it was for over 200 years anyway.

Recently we learned that the Bush administration created a covert operation within the CIA and that Vice President Cheney instructed the CIA not to disclose this operation to the Congressional Oversight Committee. This secrecy was maintained over a period of eight years and five different CIA directors, all of whom kept this secret from our Congress intact. Leon Panetta, the current head of the CIA, did not learn about this program until five months after taking “control!” This is of course shocking and of much more importance than simply the parameters of this program, it strikes at the heart of what separates us from being a banana republic.

The apologists are now trying to distract the public with the argument that this program never really “got off the ground” and “it”s no big deal” because it never became successful. Panetta has debunked that by saying this program was a serious breach of our laws. He terminated it as soon as he became aware of it and he informed the appropriate Congressional leaders the very next day. Whether this program was successful or fully implemented is not the issue. The real issue is the fact that Cheney and Bush made the decision that this should be kept from the leaders of Congress and that the employees at the CIA agreed with them to violate the laws of our land because they felt that they were above the law and that the Constitution simply did not apply to them.

Any “real” American should be incensed by the idea that the Bush administration felt free to ignore the Constitution because in their minds the end justified the means. They attempt to justify their actions by saying they didn”t want the enemy to find out about their tactics. Apparently they somehow confused the highest levels of Congressional leadership, each with a “top secret” security clearance, as somehow being “the enemy.” It was the affirmative duty of the Bush administration to reveal their plans to the Congressional Oversight Committee and persuade them that this program was needed and lawful. They did not have the right to simply ignore their responsibilities to do so under any circumstances. Long ago it was determined that the end does not justify the means and the Constitution must be the guiding force that protects our nation. It”s simply not up for debate or conjecture; it”s at the foundation of our form of government.

Not long ago a president was impeached because he lied about a sexual relationship. Now those who led the charge against him are the very ones who are trying to sweep this under the rug. While what Clinton did was shameful and disgusting, what Cheney and Bush did is a crime against the Constitution they swore to protect and far more damaging to America. If this Congress and our legal system fails to hold them accountable, leaders in the future may feel free to disregard our basis for democracy as well. We will descend the slippery slope and lose all right to hold ourselves out to the rest of the world as a nation where the law is above all else. This is not a big deal, it”s a huge deal and must be dealt with accordingly. Hopefully, all “real” Americans will contact their representatives and demand accountability for this horrifying crime.

Lowell Grant is a Lake County real estate broker.

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