Wired News is reporting that a number of members of congress are looking into creating a Federal civil liberties commission based on the September 11 Commission’s report recommendations. An effective federal voice for civil liberties is well past due, but as Rep. Jerrold Nadler (D-New York) has pointed out, it needs real power if it is to mean anything. What structure it would take is still being worked out, with ideas ranging from executive branch appointment to complete independence.
The ACLU’s Legislative Counsel Timothy H. Edgar argues “[w]ithout real authority to investigate abuses and propose specific corrections, the board will be worse than useless. The board will simply be window dressing designed to sooth fears over civil liberties without providing any real protection.” Questions he proposes that need answering include:
- How will Board members be chosen and with what requirements?
- What powers will the Board have? Can it question national policies, or only examine how policy is implemented? Can it make criminal referrals? Can it recommend special counsels?
- What will the Board investigate?
- What kind of relationship to the court and “internal watchdogs, such as inspectors general, civil rights offices, and other oversight boards” will the Board have?
These are all good questions, and the answers to them will tell us much of what we need to know about the Board, and the state of American civil liberties. Reports indicate we may know this before the election in November.
Post a Comment