Let's examine, "For an example of how the ACLU's idea that we can be free and secure is full of crap, check out the next post...."
Click on the link to view the full post from a Texan friend of mine.
I have passion for the impact that the Constitution has on the lives of every American. I believe that the U.S. Constitution and Supreme Court precedent are extremely misunderstood and under appreciated. No other body of government has as much potential for protecting or infringing upon the rights of citizens in America. Throughout the history of the United States, the Supreme Court and its decisions have impacted the rights of various groups in positive ways, and at other time in very negative ways.
When I look at our Country's tract record of infringing upon individual's rights in the name of "the greater good," I cringe. My friend's comments in support of the USA Patriot Act are appalling. This type of rational is the same as the logic that put Japanese into internment camps in WWII. How can we compare the knowledge of a specific threat in a group to that of an entire society? I guess that when Fred Korematsu was arrested in 1942 he felt that it was best for America, too. Better to be thrown in jail for a few years for no cause than have the government do its homework. In Korematsu V. United States the Supreme Court allowed the government to throw American-born Japanese into internment camps because they would not swear "unqualified allegiance" to the USA. Could you blame them? The Government proved them right. If the government can intern an entire ethic group for no reason, should we trust that they would not impinge upon our rights given the new powers they have been given under the Patriot Act?
The Court's abhorrent error in Korematsu is both a blessing and a curse. It is clear that the government was wrong in this instance (Congress appropriated 20,000 dollars per survivor to survivors of the camps in 1990). Should we be distrustful of the Court as a result? I do not believe so. The Supreme Court has proven to be skeptical of infringing upon the rights of individuals in the years after Korematsu. When the Supreme Court has the opportunity to review The USA Patriot Act, it is not likely to make a similar mistake again.
So all of this boring babble may seem frivolous if it were not for my most obvious point. Through Terry v. Ohio we learn that "The Inside Presence's" analogy is moot. In Cuyahoga County, Ohio when Officer-Detective Martin McFadden observed some suspicious individuals staring into a store window multiple times, he grew suspicious. Eventually the officer became so suspicious that he approached the individuals, and patted them down. The pat down revealed a pistol, resulting in a concealed weapons charge. The court got it right this time, resulting in the upholding of the charge against Terry and the other man. This shows us how frivolous my friend's analogy is, illustrating an instance when officials clearly would be obligated to search the 15 individuals, not prohibited from doing so.
The Court has upheld this view on numerous occasions including Chambers v. Maroney and South Dakota v. Opperman. As a result of these cases it is clear that my friend's post is suspect, an analogy that on its face is problematic. We should be skeptical of laws that impinge upon our "inaliable rights" as humans and Americans, naturally skeptical of what an imperfect government could do to our civil liberties.
So what of all this pseudointellectual case law? Should we care? Probably not.... What is more important, the opinion of nine fallible justices, the love of a perfect loving God, or the opinion of a common man with minimal training in Constitutional law? All political opinions are just that, opinion. God isn't a Republican (I know, you Lutherans are shocked), or a Democrat, so as a result all of our political views are valid, all invalid. I assert my opinion, well aware of my ignorance, well aware of my limited education. I have had fun reliving my undergraduate classes with Dr. Baer and hoping that what I have blogged has a basis in political reality.
Good night.
Posted by Lee at April 9, 2004 10:22 PM