What’s Up With the Police?
by Steven LaTulippe
by Steven LaTulippe
Last
week’s strange
shooting of an airline passenger in Miami got me to thinking about
the current status of our law enforcement system. Traditionally,
police work in America has been a local and state affair. The conventional
model was that of the local, blue-collar guy who spent much of his
time walking the beat and interacting with the public. He rarely
got into armed confrontations with civilians, and when he did, it
was to stop unambiguously criminal activity.
This
general archetype was given comedic life by Deputy Barney Fife and
Sheriff Andy Taylor, who were Mayberry’s "long arms of the
law" on The Andy Griffith Show.
Traditional
American Policemen
Unfortunately,
as our nation has drifted towards a more aggressive, centralized
form of government, the character of policing has changed.
First, law
enforcement was relentlessly federalized during the course of the
hideous 20th Century. Back when our society actually
followed the constitution, the only armed federal law enforcement
agents were those of the secret service. They were charged with
investigating a narrow spectrum of crimes specifically enumerated
in the constitution, such as counterfeiting, treason, and threats
against the president.
All of this
changed when the government began to discard the constitution’s
limitations and moved to consolidate power in Washington. Prior
to the FBI, the federal government actually hired private detectives
whenever the Secret Service was short-handed. But as the number
and intrusiveness of federal laws proliferated during Teddy Roosevelt’s
administration, the government began to chafe under a constant shortage
of law enforcement agents. As historian John Fox
notes:
Prior to
1908, the Justice Department had no organized force of investigators
to gather evidence. It relied on detectives hired from the
Secret Service and, for a while private detectives. Under
President Theodore Roosevelt, this began to change. The vigorous
application of older laws and the increase in new ones that occurred
during his administration began to tax the Justice Department’s
ability to detect crime. In 1906, sixty Secret Service
operatives were needed, the next year, sixty-five.
As the "crisis"
worsened, calls for new enforcement agencies proliferated. Finally,
Attorney General Charles Bonaparte (who says God doesn’t have a
sense of humor?) proposed dramatic changes.
Fox continues:
Charles
Bonaparte, who was appointed Attorney General in March 1907, quickly
became convinced that the practice of using Secret Service investigators
was a problem. His lack of complete control over the investigators,
he later argued, meant that he "had no direct information as
to what they did, and …but an imperfect control over the expenses
which they might incur." In his Annual Report, Bonaparte
called Congress’s attention "to the anomaly [emphasis
mine] that the Department of Justice has no …permanent detective
force under its immediate control. He asked that "provision
be made for a force of this character; its number and the form of
its organization to be determined by the scope of the duties which
the Congress may see fit to intrust [sic] to it."
The result
was the creation of the FBI.
At first, many
Americans expressed dismay that the federal government was treading
onto soil that had traditionally been forbidden to it. The consolidation
of a federal police force had generally been considered "un-American"
and a precursor to "Caesarism." (Note that the attorney
general considered the lack of federal agents to be an "anomaly."
In a sense, he was correct, given that most systems of government
throughout the ages have been despotic and that our republic was
unique. But this was clearly not the nuance Bonaparte intended.)
Many were concerned
that this development heralded the beginning of the end of our republic.
Teddy Roosevelt
swept these concerns aside, citing the need for greater enforcement
capabilities on the part of the feds. In so doing, he managed to
express an opinion almost diametrically opposite that of our Founding
Fathers:
Roosevelt’s
position, though not stated at these hearings, was that what was
not forbidden by the law was allowed, hence as president, he had
wide discretion in marshaling the executive power.
The spirit
and intent of the Ninth and Tenth Amendments state that everything
not expressly permitted to the federal government was reserved for
the states and the people…and everything not expressly forbidden
to the states and the people was permitted. Roosevelt, of course,
reversed these principles, and heralded the entry of the feds into
routine law enforcement.
Once
the camel’s nose was under the tent, the power and scope of federal
law enforcement relentlessly expanded,
culminating in the siege at Waco and the unprecedented growth of
federal power accompanying the passage of The Patriot Act.
Federal
law enforcement in action
Now that our
government has nearly completed the transformation into empire,
the aggressive nature of law enforcement is working its way through
the system. The rights of our citizenry are being eroded and the
powers of the state are being inexorably expanded.
Two symptoms
of this trend are the involvement of the military in civilian law
enforcement and the overt militarization of police forces (right
down to the local level).
Law enforcement
in imperial systems
The
use of the military for civilian law enforcement is an overt sign
of degeneration into despotism. This trend accelerated after 9/11
and the Katrina disaster, when numerous prominent lawmakers
(and President Bush) called for a significant change in Posse Comitatus
(the law which forbids military participation in law enforcement).
As for the
militarization of police forces, I was horrified by a recent story
from Miami about that city’s new anti-terrorism plan. Curt Anderson
of AP described it as follows:
Police
are planning "in-your-face" shows of force in public places, saying
the random, high-profile security operations will keep terrorists
guessing about where officers might be next.
As an example,
uniformed and plainclothes officers might surround a bank building
unannounced, contact the manager about ways to be vigilant against
terrorists and hand out leaflets in three languages to customers
and people passing by, said police spokesman Angel Calzadilla.
He said there would be no random checks of identification.
Lest we be
too concerned about this plan, an official added the following:
"People are
definitely going to notice it," Deputy Police Chief Frank Fernandez
said Monday. "We want that shock. We want that awe. But at the
same time, we don't want people to feel their rights are being
threatened. We need them to be our eyes and ears."
This leaves
one at a loss for words.
What could
possibly lead people to "feel their rights are being threatened"
about a band of ninja-clad paramilitaries surrounding their bank
and shoving propaganda in their faces?
When I first
read this story, I thought it was a gag…that it was a satirical
piece from The
Onion.
Tragically,
it is not.
Traditional
law enforcement is a noble calling and plays a vital role in protecting
individual rights. Violent criminals exist in all societies
and we should be thankful that there are men and women willing to
join the police force and guard against them. But statism is contaminating
American law enforcement and causing it to approach the precipice
of authoritarianism.
"Protect
and serve" is being mutated into "shock and awe."
This is, unfortunately,
yet another pothole on our tragic road to empire.
December
17, 2005
Steven
LaTulippe [send him mail]
is a physician currently practicing in Ohio. He was an officer in
the United States Air Force for 13 years.
Copyright
© 2005 LewRockwell.com
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