JANE GALT GIVES THE PATRIOT ACT PARANOIDS a cold shower in: Asymmetrical Information: We're all gonna diiiiiiiiiiiiiieeeeeeeeeeeeeeeeeeeeeeeee!!!!!!!!!!
I'm thinking of the purveyors of political and social doom. A few weeks ago, I was talking to a libertarian who was arguing that the Patriot Act was a one-way ticket to totalitarianism. We were violating fundamental rights that had been enshrined in the constitution for 200 years, and once we'd given them up, it was going to be a short step on the slippery slope to a police state. I share her fear of government intrusiveness. But this a markedly ahistorical view of the constitution and the liberties it allows us to enjoy, which is no more accurate for its extreme prevalence in libertarian circles. There is no primal state of liberty, created by the Constitution, from which we have slowly but inexorably been moving away. Liberties have been granted, and taken away, and granted again throughout the history of our country. Just off the top of my head: Lincoln's suspension of habeas corpus, the Palmer raids, the detention of the west coast Japanese in camps during World War II, the committment of anyone FDR or one of his minion's thought was especially dangerous to the war effort to St. Elizabeth's mental hospital during same, the McCarthy hearings--see this wonderful Richard Posner piece for a more elegant exegisis of the history of American liberties. The shape of liberty has changed over the 200 years of our existence, expanding in some places and contracting in others. There is no libertarian eden, located somewhere in the American past, from which we are now fallen, or falling.Posted by Vanderleun at May 20, 2004 10:26 AM
