I can’t put my own view any better than David Brooks and Glenn Greenwald already have.
The Constitution is grounded in the premise that there are other values and priorities more important than mere Safety. Even though they knew that doing so would help murderers and other dangerous and vile criminals evade capture, the Framers banned the Government from searching homes without probable cause, prohibited compelled self-incrimination, double jeopardy and convictions based on hearsay, and outlawed cruel and unusual punishment. That’s because certain values — privacy, due process, limiting the potential for abuse of government power — were more important than mere survival and safety. A central calculation of the Constitution was that we insist upon privacy, liberty and restraints on government power even when doing so means we live with less safety and a heightened risk of danger and death. And, of course, the Revolutionary War against the then-greatest empire on earth was waged by people who risked their lives and their fortunes in pursuit of liberty, precisely because there are other values that outweigh mere survival and safety.
These are the calculations that are now virtually impossible to find in our political discourse. It is fear, and only fear, that predominates. No other competing values are recognized. We have Chris Matthews running around shrieking that he’s scared of kung-fu-wielding Terrorists. Michael Chertoff is demanding that we stop listening to “privacy ideologues” – i.e., that there should be no limits on Government’s power to invade and monitor and scrutinize. Republican leaders have spent the decade preaching that only Government-provided Safety, not the Constitution, matters. All in response to this week’s single failed terrorist attack, there are — as always — hysterical calls that we start more wars, initiate racial profiling, imprison innocent people indefinitely, and torture even more indiscriminately. These are the by-products of the weakness and panic and paralyzing fear that Americans have been fed in the name of Terrorism, continuously for a full decade now.
Reducing the citizenry to a frightened puddle of passivity, hysteria and a child-like expectation of Absolute Safety is irrevocable and far more consequential than any specific new laws. Fear is always the enabling force of authoritarianism: the desire to vest unlimited power in political authority in exchange for promises of protection.
During the middle third of the 20th century, Americans had impressive faith in their own institutions. It was not because these institutions always worked well. The Congress and the Federal Reserve exacerbated the Great Depression. The military made horrific mistakes during World War II, which led to American planes bombing American troops and American torpedoes sinking ships with American prisoners of war.
But there was a realistic sense that human institutions are necessarily flawed. History is not knowable or controllable. People should be grateful for whatever assistance that government can provide and had better do what they can to be responsible for their own fates.
That mature attitude seems to have largely vanished. Now we seem to expect perfection from government and then throw temper tantrums when it is not achieved. We seem to be in the position of young adolescents — who believe mommy and daddy can take care of everything, and then grow angry and cynical when it becomes clear they can’t.