The vast majority of the American people are rightfully lined up behind President Bush and his administration as it prepares to fight global terrorism following a pair of attacks against our nation.
Indeed, most U.S. officials, as well as most ordinary folk, are expecting even more attacks. For that reason, Attorney General John Ashcroft is asking lawmakers to approve expanded law-enforcement powers, ostensibly to provide better security for our nation and better protection for our people.
These are noble, admirable goals that most of us could likely get behind, right? After all, who wants to see a repeat of the attacks against the Pentagon and the World Trade Center?
The problem is, the changes to U.S. law Ashcroft and the administration are seeking are wholly unconstitutional because they violate some of the most basic tenets of the Bill of Rights.
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Who cares, you say? We're only talking about terrorists, right? And after all, we really need some major protection right now, so our Constitution can just get over it.
If that's the way it has to be, then count me out of this fight.
If, because our freedom is under assault, the one thing I have to sacrifice to counter the assault is my freedom, then what is left to fight for? What is left to preserve?
Seems to me if our Constitution is somehow null and void just because we are facing a national emergency, then it wasn't worth the paper it was written on to begin with. Indeed, it was written to be powerful enough to withstand assaults – legal, physical and otherwise – and endure for all time.
There's no question the Sept. 11 attacks were unprecedented. I get it – I understand.
And there's no question that Americans will have to give our leaders some – shall we say – "constitutional latitude." But it's that measure of latitude we ought to be concerned about.
Any new laws that are passed to "combat terrorism" ought to at least have automatic sunset provisions built into them. We're too emotional as a nation right now and we need this sort of protection against ourselves.
The one thing that rings true about power is that once the government assumes it, rarely is that power given up. We have simply got to remember this, regardless of what happens from here on out.
Already the Bush administration has created one new Cabinet position for homeland security and two new anti-terrorism offices. In the years ahead, these positions will still require much taxpayer funding, even though the threat has long passed, because lawmakers almost never get rid of federal agencies.
Every federal agency writes reams of new regulations each year – most without any congressional scrutiny. Imagine, for a moment, what kinds of regulations would be written by authoritarian "homeland security agency" chiefs in the years ahead.
Think your guns will be safe? Will there be national curfews? What happens if you get ticked off at a friend and make an idle threat – will you suddenly be a "terrorist"? How about warrantless searches and seizures – "We believed him to be a terrorist, your Honor" – possible or probable?
If Americans can be sure of one thing, it is that the Bush administration will do what is necessary to defeat the world's major terrorist threats in the coming years. Have no doubts about that.
But these threats won't last forever. There may always be terrorism, but I don't expect there will be terrorism on the level that currently exists.
Nonetheless, these new agencies – and, potentially, the new laws currently under consideration, if passed – will outlast the threats they were established to combat. That means somebody will always be trying to justify keeping these agencies around. To do so, more restrictions, rules, regulations, and mandates will have to be written and implemented. That means more of our rights will disappear.
Freedom requires vigilance. Americans who forget this will not remain free forever.
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