Wednesday, November 26, 2014

One Nation Under Siege



            It's almost always a bad idea to buy fire insurance right after a fire. At that point you're still dazed and in shock. Your lungs are still clearing themselves of smoke; your head is buzzing; you're frazzled and emotional, and your judgment is profoundly impaired. This is no time to be making long-lasting, weighty decisions with a high price tag attached to them just because you're scared. Unless there is another fire in plain view bearing down on you, it is always advisable to step back, take a deep breath and think carefully about your next move.
            Sadly, in the days immediately following 9/11, our fear got the better of us as a nation and we did just the opposite. When our government--the same government by the way that failed to protect us from the 9/11 attacks--asked us to sign on the dotted line of the insurance policy they had drafted up, we acquiesced, still transfixed through stunned, bleary eyes by the shocking images on our televisions. Civil libertarians warned us that we were signing away our rights, but in those panicky times they were heeded about as much as Cassandra was by her Trojan countrymen. As a result, we bought and paid for a duplicitous little document called the Patriot Act.
            Amongst the new powers granted U.S. law enforcement under this Patriot Act was a tool that came to be known as "sneak and peak". This whimsically titled tactic is essentially a request submitted to a judge for the purpose of conducting searches without notifying the suspect who is to be surveilled. It is also a violation of the Fourth Amendment, but again, the whole country was so petrified that another terrorist attack was imminent that privacy didn't seem important by comparison. "Sneak and peak" was perceived as a temporary and necessary measure during a time of great crisis; and it was only supposed to be used against suspected terrorists.
            Unfortunately, law enforcement didn't see it that way, and it wasn't long before the "sneak and peak" provision was being used to investigate crimes not related to terrorism. An institution who collectively, regularly views the Bill of Rights as an obstacle to their ability to do their jobs will always seize upon and exploit any easing of restraint provided for in those ten amendments that the American public allows. The Bill of Rights wasn't put into place to protect citizens from each other; it was created to protect them from the abuses of government.
            Prior to the American War for Independence, the British government's method of compliance with regards to search and seizure was the issuance of general warrants known as writs of assistance. These warrants allowed British agents to forcefully enter virtually any home at any time and to seize just about any property they saw fit to confiscate in the King's name. The ostensible motivation for the Crown at this time for these invasions of privacy was that the colonists were smuggling and evading taxes. As one might imagine, abuses of this power were commonplace. The drafters of the Constitution who saw fit to include the Fourth Amendment did so to prevent such abuses in the future. They might not understand all the complexities of electronic surveillance in the modern world, but even they would grasp the concept that the War on Drugs should not be waged with a document designed to fight the War on Terror.
           
           
           


           
           

No comments:

Post a Comment