I have already posted excerpts on this, but when a presidential front-runner like Mitt Romney says at the Republican debate--to copious applause, no less-- that it is acceptable for traditionally defined constitutional civil rights to take a back seat to the exigencies of safety, it bears repeating. [For some reason, I can't find a clip of him saying this. I saw the clip originally on the Daily Show, which has done a heinously amateurish revamp of their site and it is now almost impossible to find anything.] More excerpts below, and here is the full article.
When President Bush signed the Military Commissions Act into law in October 2006, he dismissed objections to its Draconian and tyrannical provisions with one very simple and straightforward argument (emphasis added):Over the past few months the debate over this bill has been heated, and the questions raised can seem complex. Yet, with the distance of history, the questions will be narrowed and few: Did this generation of Americans take the threat seriously, and did we do what it takes to defeat that threat? Every member of Congress who voted for this bill has helped our nation rise to the task that history has given us.That paragraph summarizes the Bush movement. Because the threat posed by The Evil Terrorists is so grave, maximizing protections against it is the paramount, overriding goal. No other value competes with that objective, nor can any other value limit our efforts to protect ourselves against The Terrorists.
That is the essence of virtually every argument Bush supporters make regarding terrorism. No matter what objection is raised to the never-ending expansions of executive power, no matter what competing values are touted (due process, the rule of law, the principles our country embodies, how we are perceived around the world), the response will always be that The Terrorists are waging war against us and our overarching priority -- one that overrides all others -- is to protect ourselves, to triumph over Evil. By definition, then, there can never be any good reason to oppose vesting powers in the government to protect us from The Terrorists because that goal outweighs all others.
But our entire system of government, from its inception, has been based upon a very different calculus -- that is, that many things matter besides merely protecting ourselves against threats, and consequently, we are willing to accept risks, even potentially fatal ones, in order to secure those other values. From its founding, America has rejected the worldview of prioritizing physical safety above all else, as such a mentality leads to an impoverished and empty civic life. The premise of America is and always has been that imposing limitations on government power is necessary to secure liberty and avoid tyranny even if it means accepting an increased risk of death as a result. That is the foundational American value.
It is this courageous demand for core liberties even if such liberties provide less than maximum protection from physical risks that has made America bold, brave, and free. Societies driven exclusively or primarily by a fear of avoiding Evil, minimizing risks, and seeking above all else that our government "protects" us are not free. That is a path that inevitably leads to authoritarianism -- an increasingly strong and empowered leader in whom the citizens vest ever-increasing faith and power in exchange for promises of safety. That is most assuredly not the historical ethos of the United States.
The Bill of Rights contains numerous limitations on government power, and many of them render us more vulnerable to threats. If there is a serial killer on the loose in a community, the police would be able to find and apprehend him much more easily if they could simply invade and search everyone's homes at will and without warning. Nonetheless, the Fourth Amendment expressly prohibits the police from undertaking such searches. It requires both probable cause and a judicial warrant before police may do so, even though such limitations on state power will enable dangerous killers to elude capture.
(snip)
Our country is centrally based upon the principle that we are willing to assume risks in order to limit government power. Numerous other amendments in the Bill of Rights are grounded in that same principle. And, of course, that is the central belief that drove the founders to risk death by waging war against the most powerful empire on earth. Objectives other than physical protection matter greatly. We have never been a country that ignores other objectives and asks only, as the president put it, did "Americans take the threat seriously, and did we do what it takes to defeat that threat?"
The president's mind-set is utterly contrary to core American principles. Historically, the worst mistakes America has made -- those instances in which it has departed most radically from its ideals -- happened not when Americans failed to take seriously enough some Evil lurking in the world, but, to the contrary, they occurred when our government leaders exaggerated the threat of Evil and accordingly induced overreactions among citizens.
Historians will almost certainly ask about the Bush presidency: Did America adhere to its values and principles when defending itself against the threat posed by terrorism, or did it succumb to fear, overreaction, and violate its core beliefs in pursuit of illusions of maximum protection?
To put it another way...
This is an excellent recap of the point by David Foster Wallace, but since it's probably not linkable without a subscription, I will plagiarize the point below. [Of The Atlantic, Harper's, and The New Yorker, I'm not sure why The Atlantic seems to be notably more protective of their online content. I hate to do this, but this is the way media works nowadays.]
Are some things still worth dying for? Is the American idea* one such thing? Are you up for a thought experiment? What if we chose to regard the 2,973 innocents killed in the atrocities of 9/11 not as victims but as democratic martyrs, “sacrifices on the altar of freedom”? In other words, what if we decided that a certain baseline vulnerability to terrorism is part of the price of the American idea? And, thus, that ours is a generation of Americans called to make great sacrifices in order to preserve our democratic way of life—sacrifices not just of our soldiers and money but of our personal safety and comfort?
In still other words, what if we chose to accept the fact that every few years, despite all reasonable precautions, some hundreds or thousands of us may die in the sort of ghastly terrorist attack that a democratic republic cannot 100-percent protect itself from without subverting the very principles that make it worth protecting?
Is this thought experiment monstrous? Would it be monstrous to refer to the 40,000-plus domestic highway deaths we accept each year because the mobility and autonomy of the car are evidently worth that high price? Is monstrousness why no serious public figure now will speak of the delusory trade-off of liberty for safety that Ben Franklin warned about more than 200 years ago? What exactly has changed between Franklin’s time and ours? Why now can we not have a serious national conversation about sacrifice, the inevitability of sacrifice—either of (a) some portion of safety or (b) some portion of the rights and protections that make the American idea so incalculably precious?
In the absence of such a conversation, can we trust our elected leaders to value and protect the American idea as they act to secure the homeland? What are the effects on the American idea of Guantánamo, Abu Ghraib, Patriot Acts I and II, warrantless surveillance, Executive Order 13233, corporate contractors performing military functions, the Military Commissions Act, NSPD 51, etc., etc.? Assume for a moment that some of these measures really have helped make our persons and property safer—are they worth it? Where and when was the public debate on whether they’re worth it? Was there no such debate because we’re not capable of having or demanding one? Why not? Have we actually become so selfish and scared that we don’t even want to consider whether some things trump safety? What kind of future does that augur?
Here are a few things I've quoted before.
No one can terrorize a whole nation, unless we are all his accomplices.
-Edward R. Murrow
We will not be driven by fear into an age of unreason if we dig deep in our history and our doctrine. And remember that we are not descended from fearful men, not from men who feared to write, to associate, to speak, and to defend the causes that were for the moment, unpopular. This is no time for men who oppose Senator McCarthy’s methods to keep silent, or for those who approve. We can deny our heritage, and our history, but we cannot escape responsibility for the results. We proclaim ourselves indeed we are, defenders of freedom where ever it continues to exist in the world, but we cannot defend freedom abroad by deserting it at home.
-Edward R. Murrow
One of our greatest leaders once told us that the only thing we have to fear is fear itself. We should remember that.
Somewhat relevantly, this is not a model of government:
Non sequiturs below:
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