JohnWarren -> Privacy and a little history (12/25/2005 10:03:03 AM)
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Given the current state of attack the Fourth Amendment of the Constitution (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.) seems to be under. I spent a little time thinking about the past. After all, we’ve all heard “Since 9-11, things are different.” Are they really? Let’s look at what this country has faced in its past. When the amendment was adopted, we had just finished what most people had considered an impossibility, a set of colonies breaking off from the most powerful empire in the world. Not only did England still have designs on us, France, our ally of convenience in the revolution, saw the northern colonies as perfect springboards to take back Canada which had once been their colony. Added to this, the association that made up the United States was delicate. A number of would-be rulers were maneuvering to break off sections that they could rule as their own fiefdoms. Yet, the people running this country felt that “the right of the people to be secure in their persons, houses, papers, and effects” was more important than the temporary gain they might obtain by being able to rummage at will looking for treason. In the mid-1800, the country was torn apart. Brother literally fought brother. Lincoln suspended habeas corpus. Both sides fielded organized groups of spies. Somehow the Fourth survived. Fast forward a few years, Nazi German and its ally, Japan, faced us with huge war machines on opposite sides of the world. Ships, armies, aerial armadas were arrayed against us. The term “fifth column” was on everyone’s lips and German spies, assisted by German-born American citizens, had landed on our shores. Public pronouncements on both sides made it clear that losing the war meant that the United States would vanish. The government found time to go to judges and present “probable cause, supported by oath or affirmation” before searching or wiretapping. Now we are faced with a group of living-Luddite, religious fanatics possessing no army, no navy and capable of only killing at a rate that would have gotten the commandant of Triblinka fired for incompetence and NOW we have to junk our privacy? It’s a tragedy when Americans, or anyone else dies, but if we only learned a single thing from Vietnam, let it be that it is possible to win every battle and lose the war. In this case, the war is what makes American great, the freedoms we all enjoy and were purchased for us at a terrible price over the last 200 years.
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