Inter Arma Enim Silent Leges.

[coloradodem2005]

Latin translation of "In Time of War, the Law falls Silent".

This is also a title of a Seventh Season episode of Star Trek: Deep Space Nine. In this episode, a member of a rogue agency called Section 31 tries to get Dr. Bashir to spy on the Romulans. Bashir does not want to do it, but his commander (Sisko) says that he should do it, so he can expose Section 31. Bashir travells to Romulus with an Admiral named Ross. The agent (Sloan) from 31 wants Bashir to evaluate the health of a Romulan named Koval. This Romulan is an opponent of the alliance with the Federation. Bashir thinks that the 31 agent is trying to murder this Romulan. Bashir decided to confide in another Romulan (Cretak) who was a proponent of the alliance. He also asks her to get the other Romulan's personal database in order to find leads to Sloan's accomplace on Romulus. Koval then asks Bashir to join him in discussing a virus and then after being tortured, Bashir is brought before a committee. Sloan is brought in looking beaten, and after having gotten information from him, and they discovered that there is no Section 31 and Sloan was just an intelligence operative who wanted revenge for the death of a starfleet admiral by murdering Koval. Bashir was cleared. Cretak, on the other hand, is convicted of treason due to her "involvement". Bashir, figures out that it is a fabrication and realizes that the admiral who is on board the ship that took him to Romulus had involvment with this. Admiral Ross lead Bashir to believe that Sloan had an accomplice and earlier in the episode, Ross had an aneurysm, Bashir would turn to Cretak putting her in the position of getting in trouble. Ross then admits that Sloan is still alive and that Koval is a mole for the Federation. Koval and Cretak were both competing to get into a committee. And the elimination of Cretak left it wide open for Koval to get in. THe reason this was done is with an ally of the Federation in the high ranks of the Romulan Empire, the Romulans would not switch sides in the Dominion War. Bashir, was angry and Ross said "Inter Arma Enim Silent Leges". Bashir after quoting it in English said "So, have we become a 24th century Rome. Where Ceaser can do no Wrong?"


Some of the episode may or may not relate well to our current situation except for a few things. While the war in this case is a manufactured one, the Bush Administration has lived by this credo. This episode was inspired in part by a book by William Rehnquist about the habeas corpus and the suspension during the Civil War by Lincoln. Saying this is a case of the Roman dictum. While the episode was about espionage, it does make a commentary on American society under the Bush Administration in particular.

So, have we become a 21st Century Rome where Ceaser can do no wrong?

[geek tragedy]

1. Scalia pointedly rejected this line of thinking

It was seen as a slap at Rehnquist.

[coloradodem2005]

2. That is surprising.

When you consider the way Scalia has helped Bush and Cheney. How did Scalia reject this line of thinking?

[geek tragedy]

3. Scalia's words

<snip>

Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis--that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation or application of a Constitution designed precisely to confront war, and in a manner that accords with democratic principles, to accomodate it.
<snip>

http://a257.g.akamaitech.net/7/257/2422/28june20041215/www.supremecourtus.gov/opinions/03pdf/03-6696.pdf

[gottaB]

4. but how would Scalia feel about the dictum

inter arma silent legislator?

His view of the Constitution worries me.