Chronicling
the Shredding of Our Rights Since 9/11
by
J.
H. Huebert
by J. H. Huebert
DIGG THIS
Not long ago,
attorneys across the United States organized to protest Pakistan
President Pervez Musharraf's move to dissolve that country's Supreme
Court. In city after city, black-clad lawyers ostentatiously assembled
in public to send a message halfway around the world about the importance
of the rule of law.
For sure, there's
bad stuff happening in Pakistan. So good for my fellow attorneys
for objecting, even though something tells me President Musharraf
isn't much moved by the views of a bunch of American lawyers, if
he even got wind of their protests at all.
But where were
all those American attorneys over the past six years, as the Bush
administration and both Republicans and Democrats in Congress have
shredded our own Constitution and Bill of Rights? Apparently doing
the same thing as most everyone else: going along, sheep-like, as
our leaders take us down the path toward the total state.
Fortunately,
at least one lawyer Judge Andrew P. Napolitano has
taken notice of all that's been going on right here at home.
His new book,
A
Nation of Sheep, documents just some of the many assaults
upon our basic liberties that government at all levels has launched
since Sept. 11, 2001.
For example,
he describes how FBI agents can now write their own search warrants,
called National Security Letters, and demand that businesses hand
over your personal information. The FBI needn't go through a judge
and needn't tell you that it even went looking for your information.
In fact, under the USA Patriot Act, the person who received a National
Security Letter is prohibited from telling you or anyone else that
the FBI either sought or obtained information from them.
So much for
the Fourth and First Amendments.
Then there's
the Bush administration's wiretapping of Americans without a warrant
or probable cause. A federal judge struck down the program for its
obvious unconstitutionality. But the 6th U.S. Circuit Court of Appeals
reversed that decision, upholding the program. Why? Because the
plaintiffs could not prove they were victims of wiretaps. And why
couldn't they prove it? Because the records of who the NSA wiretaps
are classified for "national security" reasons. (Judge
Ronald Lee Gilman heroically dissented from this decision, to no
avail.)
So much for
the courts as the last-resort defenders of our liberties!
When the judicial
branch teams up with the executive branch to tell us that the government
can essentially do anything it wants in the name of national security,
regardless of what the Constitution says, then it's time for the
kind of outrage that makes lawyers and everyone else take to the
streets and demand their rights. Indeed, to the founders of our
country, it meant doing a lot more than that.
Sadly, today,
people in all walks of life are mostly content to just suffer the
endless abuses of their freedom and privacy, distracting themselves
with celebrity gossip and the latest consumer goods made possible
in part by the easy credit the government also facilitates.
Is there hope
for change? Judge Napolitano doesn't see much, the masses of sheep
being what they are.
But there is
some cause for hope. Judge Napolitano points out that there is one
(but only one!) presidential candidate who would respect the Constitution
and undo all the damage that's been done by George W. Bush and his
predecessors: Congressman Ron Paul.
Then
there's the inflation and economic crisis that will likely result
from all that easy credit. Maybe that will inspire the masses to
reconsider their government's benevolence or, maybe it will
make them flee into the arms of full-on fascism, as in Nazi Germany.
In the meantime,
whatever they do, the most important thing you and I can do
assuming you aren't content to be a sheep is to educate ourselves
about what our government's up to, what it's proper role should
be, and how to protect ourselves. Reading Judge Napolitano's book
is a good step toward those ends.
Reprinted
from the Orange County Register with permission.
December 10, 2007
J.
H. Huebert [send him mail]
an attorney and an adjunct faculty member of the Ludwig
von Mises Institute. Visit his website.
Copyright
© 2007 Orange County Register
J.H.
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