Showing posts with label security. Show all posts
Showing posts with label security. Show all posts

Sunday, August 24, 2008

Please, trouble me with too much freedom.

Here's another nice little quote from Franklin. He was asked at the end of the Constitutional Convention what had been wrought. “A republic, if you can keep it.”
I'm also going to borrow from Jefferson real quick. “I would rather be exposed to the inconveniences of too much liberty than those attending too small a degree of it
Keep in mind also the quote from Franklin on liberty and security.
All three of these quotes can be seen as warnings from the two men most responsible for the philosophy and arguments that lead to the Declaration of Independence and the Revolutionary War. Benjamin Franklin was advocating more freedom and liberty from a very young age, and Thomas Jefferson was the foremost legal mind of his time. It was his arguments on the nature of Law and the British government that provided the Colonies with their philosophical and legal legitimacy.
Mike tells us to consider the Constitution in full. The purpose of the Constitution was to bring the many States of America together into a stronger Federation to ease trade and provide for the common defense. It was not a philosophical document, as was the Declaration, it was a legal one. It gave the enumerated order under which the States would be United into a true Federation. This is one of the major reasons that when speaking philosophically on the nature and purpose of Government, I'm likely to fall back on the Declaration or other works by Jefferson (and sometimes John Locke, Jefferson's inspiration) and not the Constitution.
Now, here a few questions that should probably be answered. Just what do we mean by 'republic?' A republic, in it's most basic form, is a form of government where the deciding body is meant to provide representation of the society as a whole, and the individuals of that body are representing particular sections of that society. I'm sure that most people, right here, are wondering just how that might differ from democracy. In a democracy, all governmental decisions are done through the whole of the population of citizens. In ancient Athens (the only known pure democracy I can remember right now) this was done by calling a meeting of the Senate, in which the group was the first people there up to a certain number. Day to day functions were carried out by offices chosen by lottery. The other major difference between democracy and a republic is that in a republican government, the government provides a check against the passing desires of the people to help ensure that all laws passed are good for the current and future society. This necessitates that the government itself is controlled through some action so as to not aggregate power to a particular person or body, or to the government in general. A country can call itself a 'Republic' very easy. But only when the government is in constant check against power aggregation can it be said to be an accurate statement (I'm looking at you, China).
So, what then does Franklin mean when he says that a republic has been wrought if we can only hold on to it? Franklin's meaning is quite clear: do not trust the government to keep itself in check. Don't give it an inch, for it will take a hundred miles (and desire a light-year). Yes, I mean that even the smallest power given to the government for the sake of 'order' (or 'the good' or 'the children') will lead to an ever increasing aggregation of power at the expense of our freedoms.
This leads me to the quote from Franklin on freedom and security. Mike calls it 'one of the most foolish things he ever said', and argues that because an amount of security is necessary to provide for freedom (true) it only follows to reason that some freedom be 'trimmed' such that security can be provided. However, he misses Franklin's warning. The trading of essential freedom for security provides the government that inch it needs, and so the taking begins. I'll use an example to express my meaning: the registration of sex offenders.
Seems like a good idea, right? Let people know that there is a serial pedophile in the neighborhood so that the people can protect themselves and their children from his perverted ways. I'm going to ignore for the time being the illogic of releasing a person that is still such a danger to society and others that his freedoms must be restricted in such a fashion. This is about government expansion, not about government incompetence. It started with serial pedophiles. Then serial rapists (okay, still good...) had to register. Then came those convicted of a single rape (uh...). And now? Now we're threatening twelve year olds with being put on the lists without trial or conviction because they swatted a female classmate's butt in play.
Want another one? Let's talk taxes. The Sixteenth Amendment confirmed that Congress could tax income at it's discretion (Congress had already attempted to do so and got struck down by the Supreme Court) in 1913. Originally, it was a set, flat tax of 4% on all earnings over $4,000. I don't know all the steps involved, but by the 1970s we had top tax rates at over 80%, and even today we have a single volume of law that counts over 66,000 pages and is enforced by the largest single agency of the United States government. This agency is so powerful that it can operate completely separate from judicial oversight, needs provide no evidence to charge, investigate, and begin prosecution for tax evasion. Not only that, but if an agent of the IRS provides you with incorrect tax advice, you, the citizen, are held accountable and can still be prosecuted to the fullest extent of the law.
How about welfare? The first welfare program (still in effect, anyway) was the Families with Dependent Children program. It was designed to provide extra money to widows of World War II servicemen who had children. Today? Entitlement speeding totals over 1.7 trillion dollars, or about 62% of the Federal budget of approximately 2.9 trillion dollars. (That figure includes Medicare and Social Security, which total around 1 trillion and make up the bulk. This wouldn't be nearly so bad if we actually had a SS trust fund the way we were promised back in the '30s.)
This is exactly what Franklin's dual warnings are all about. We're loosing our republic because we allow power aggregation for the 'good' and for 'order'. And as we loose the republic, or freedoms go with it.
And with our freedoms, our security.
Please, trouble me with too much freedom.

Tuesday, August 12, 2008

Freedom and Security

In my last post, I put up a quote by Benjamin Franklin. Actually, it was a slightly paraphrased quote of his. Franklin's original quote goes 'They who give up essential liberty to obtain temporary safety, deserve neither liberty nor safety.' Although the quote I gave before adds to this concept, I don't think it detracts from the original meaning. And indeed, this idea is also central to the American debate.
Safety, or security, is the natural desire of all people. Indeed, every living thing has a desire for safety so that it can feed and reproduce in peace. I even said on many occasions that providing for a safe society is the primary function of government. So then, if safety is necessary for a free society, why would it seem that one would give up any freedom to increase security?
This question becomes very important, especially in times of war. Actions taken by the Bush Administration after the attacks of 9/11, while hardly measuring high against actions taken by previous presidents, pushed this question to the fore front of the American debate. The NSA's wiretapping program, when brought to light, made many people question if an essential liberty, of privacy, had been sacrificed for greater security. But why did it not occur to people to question other essential liberties that have been sacrificed in the name of security?
I'm not going to go into a discussion of the NSA wiretapping program. I'm doing this for two reasons. First, the long-range impact of the program is still being seen and it's best to consider these things after the fact. Second, while I disagree with the action itself, I fully understand the reasons why it was done, and accept them as valid.
No, instead I'm going to discuss other things where essential liberties have been taken from the American public in the name of greater security. Lets take the essential liberty of freedom of movement. While our government currently makes no pretext to try and prevent you from living or working where you choose, it does attempt to limit your freedom of movement. Consider what our government calls your 'driving privileges'. What should be a basic right so that you may practice your freedom of movement, to do your business when, where, and how you choose, has already been co-opted by our government and instead they've managed to convince all of us that this right is instead a privilege simply because our constitution, written long before the invention of the automobile, doesn't recognize it as it does other rights, such as speech.
First, it becomes a privilege. Then arbitrary requirements are set forth so as to control it. This isn't an argument against licensing per se, but rather the requirements of insurance and registration of vehicles. The only valid argument for registration of vehicles is to provide for proof of ownership, and this can be done easily through the dealer. There's no need for government involvement. This is also not to say that government cannot provide for general traffic-control laws, but rather that slavish enforcement and their use for fund raising constitutes an abuse of power.
And I'll be doing a whole post about the abuses that constitute the War on Drugs. For now, take some time to consider how or government is taking more and more liberty with our freedoms. And all in the name of our security. Come to your own conclusions, then remember those conclusions when you here someone talking about doing something for our 'security'.