In the first days and weeks after September 11, 2001, politicians throughout the
land could be heard uttering some variation on the following theme: If we change
our American way of life, the terrorists will have won.
These statements frequently were intended to prod U.S. citizens to continue
traveling, shopping, and recreating as they had before the al-Qaida attacks. But
the deeper message was clear: It was going to take more than 19 suicide-bent
hijackers aboard four airliners to convince the proud inhabitants of the land of
the free and the home of the brave to give up even one of their hard-fought
freedoms.
Call me naïve, but I believed those oft-repeated sentiments. And it seemed that
most Americans concurred. Unfortunately, our president did not. As we now know,
a panic-stricken George W. Bush decided it was necessary to withhold due process
rights—in violation of the fifth and sixth amendments of the U.S.
Constitution—from American and Iraqi citizens deemed “enemy combatants.” Bush’s
fear also led him to unilaterally decree parts of the Geneva Conventions as
“quaint” and no longer applicable, a devastating act that paved the way for the
humiliating torture of countless Iraqi prisoners. When prison photographs
finally forced Americans to confront the fact that our cowardly
commander-in-chief had forsaken some of this country’s most cherished ideals,
most of us were rightfully ashamed. But too many of us remained shamefully
silent.
Despite Bush’s demonstrated willingness to swap our rights for a false sense of
security, I was stunned upon hearing just weeks ago that our president had
secretly suspended even more of our constitutional freedoms in the immediate
aftermath of 9/11. It turns out that even the Fourth Amendment was retractable
given the right set of circumstances. Bush simply decided in 2002 that his
so-called “war on terror” justified the use of secret wiretaps, which the Fourth
Amendment and the 1978 Foreign Intelligence Surveillance Act explicitly prohibit.
Equally stunning was the collective shrug in response from some U.S. citizens,
who by now should know better. Perhaps there is no alarm in some quarters
because our government has not yet impinged (at least for now) upon our freedom
to drive to the mall. But this is serious stuff. For those needing a refresher
on that grand old document known as the Constitution of the United States,
here’s what the Fourth Amendment guarantees:
“The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.”
These are precious rights. And yet, the National Security Agency is even now
hard at work carrying out Bush’s directives to undermine them. Government employees are
intercepting the phone calls and e-mail messages of “suspicious” U.S. citizens
Because we were not consulted in advance, there has been no national debate
about the appropriateness of giving away these freedoms. No one has been allowed
to ask whether our willingness to carve up the U.S. Constitution is an ominous
sign that the terrorists have, indeed, won. In fact, were it not for a
courageous whistleblower, we still might not know that the highest elected
official in the land secretly encouraged domestic eavesdropping without court
warrants for the past four years.
Since the disclosure of his secret surveillance program, President Bush has
offered no apologies. Instead, he has audaciously condemned both the messenger
(the New York Times) and the whistleblower for endangering national security. He
also has continued to brazenly defend the necessity of spying on American
citizens. “I think most Americans understand the need to find out what the
enemy’s thinking, and that’s what we’re doing,” Bush told reporters on New
Year’s Day. “They attacked us before; they’ll attack us again if they can. And
we’re going to do everything we can to stop them.”
In effect, Bush is saying this to the American people: I need to take away some
of your rights to ensure your safety. I’ll decide on my own which ones to take
and when to take them. But I can’t tell you anything more about it, because the
terrorists might be listening. Trust me. It’s for your own good.
The problem with this end-justifies-the-means power grab is that, once
permitted, there is no freedom that cannot be sacrificed on the altar of
national security. Indeed, one of the scariest notions to arise in the wake of
Bush’s wiretapping scandal is the possibility (dare I say likelihood?) that the
president is at this very moment violating even more of our rights without our
consent or knowledge. How many additional constitutional amendments have been
trampled by the Bush administration? And, given the unprecedented secrecy
surrounding this presidency, how will we ever know?
What we do know about the Bush administration’s freedom-eroding tendencies is
scary enough. We know that it attempted to gain a license from Congress for
torture. We know that it bribed journalists to place its propaganda in Iraqi
newspapers. And we know that it allows its “enemy combatants” to languish in
prisons for years without access to due process.
Perhaps someday our president will come to realize what millions of Americans
inherently understand: The willingness to give away our inalienable rights for a
bit of perceived security is a sign of both weakness and fear.
Tim Leslie (tim@leslie.com) is a freelance writer and the editor of iCorvallis.com, a
participatory journalism site in Corvallis, Oregon.
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