COLUMN:Ashcroft spitting on conservatism
November 15, 2001
Since Sept. 11, many of the nation’s self-proclaimed conservatives have acted in a way that isn’t conservative at all.
A great example – Attorney General John Ashcroft.
In recent weeks the man has made government intervention a part of the conservative ideology. At the same time, Ashcroft is throwing away personal freedoms that make this country what it is.
In order to understand why people like Ashcroft aren’t acting truly conservative, one must understand what conservatism is about.
When people think of a conservative they imagine some racist, male, gun-toting Christian with a rifle rack in the back of an old pickup truck who wants the government to legislate strictly on a moral basis while ignoring all social issues.
This is a gross exaggeration of the truth. What true conservatives base their reasoning on is the Constitution and the Declaration of Independence.
Conservatives appreciate all freedoms granted to all people. We want a small, limited federal government that exercises its power provided in the Constitution. We start with the understanding that all people have the right to life, liberty and the pursuit of happiness. We also put a huge emphasis on personal responsibility and capitalism.
Ashcroft and many other so-called conservative politicians have not followed these standards.
Let’s start with his Nov. 6 reversal of an order put into effect by Janet Reno in 1998. Ashcroft threw out an order banning federal officials from going after physicians who prescribe deadly amounts of drugs to patients looking to commit suicide.
His goal – ending assisted suicide in the state of Oregon (the only state that permits physician- assisted suicide).
In his reasoning for the lifting of the ban, he claims it violates the Controlled Substance Act, which is a stretch.
But, what we have here is Ashcroft being quite inconsistent. First, the states’ rights issue, something conservatives have been known to support.
The Constitution clearly provides sovereignty to both the states and federal governments. It grants specific powers to the federal government and less specific powers to the states.
Ashcroft wrote in a letter to the Drug Enforcement Administration that he determined “that assisting suicide is not a legitimate medical purpose.”
Had he followed the Constitution, he would have realized the federal government is not granted the power to determine whether or not a medical practice is legitimate. And if the federal government doesn’t have that power and the Constitution doesn’t prohibit states from exercising that power, it is to be left to the states.
Next, personal responsibility. Conservatives tend to think society works better when people make their own decisions and face the consequences than when the government makes decisions for the people.
Ashcroft clearly doesn’t think that way. If he did, he wouldn’t feel the need to stop people from committing suicide. It is their decision and suicide has no impact on the rights of others.
The Controlled Substance Act, the basis for his reasoning, itself violates this principle. We as people are capable of deciding whether or not we want to inflict bodily harm to ourselves.
Just days after his reversal of the assisted suicide order, Ashcroft made another move that goes against the conservative ideology.
He removed terrorist suspects option to speak with a lawyer in private without government officials hearing what is said.
This might not sound like a big deal to many who want to end terrorism, but it is a big deal.
His decision to discontinue the option to talk to a lawyer in private contradicts the Fifth Amendment.
The Fifth Amendment of the Constitution states `No person . 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.”
First of all, if a suspect can not talk to a lawyer in private he can not tell his attorney the truth of what actually happened without being a witness against himself.
Second, a suspect can not have due process if he can’t have meaningful access to an attorney.
Ashcroft is letting down the real conservatives who understand what this country is based on. Hopefully he will realize he needs to follow the Constitution in order to uphold it.
Zach Calef is a sophomore in journalism and mass communication from Cedar Rapids. He is an assistant news editor of the Daily.