Far from having broken with his Republican predecessor, Democratic President Barack Obama has now reinforced the law of exception that he criticised when he was a senator. It is now possible to deprive United States citizens of their fundamental rights because they have taken part in armed action against their own country, but also when they take a political position favourable to those who use military action to resist the Empire. Worse – Barack Obama has added to the law John Yoo’s “Unitary Executive theory,” which puts an end to the principles of the separation of powers as defined by Montesquieu. The security policy of the United States President now escapes all control.
The Presidential elections, and the game of a possible changeover between Democrats and Republicans, cannot hide a marked tendency towards mutation in the form of the United States executive, regardless of the colour of the Presidential ticket. And it seems that the most significant change in the law has taken place under President Obama.
Barack Obama was elected by evoking a future based on respect for the fundamental rights of individuals and nations. But assessment of his presidency reveals an entirely different picture. The visible aspects of this, such as the failure to close down Guantánamo Bay, the maintenance of exceptional military tribunals or the practice of torture in Afghanistan, are only the tip of the iceberg. These elements only allow us to note the continuity between the Bush and Obama administrations. However, there has been such reinforcement of the previous political structure that the form of the state has now changed, creating a hitherto unseen modification of the relation between the authorities and the citizens of the United States.
The possibility of treating US citizens as foreign ’terrorists’ has been a constant objective of the government executive since the attacks of 9/11. By the new prerogative which has been awarded him by the National Defense Authorization Act – that of being able to nullify Habeas Corpus for US citizens and not just for foreign nationals – the Obama administration has achieved what the previous government had only planned but never instituted. …