Matt Welch | December 28, 2005
Writing from foreign policy's Lethal Center about the Bush Administration's Constitution-dodging surveillance programs, the Washington Post's world-weary David Ignatius drops as fact a formulation I find fiction:
The challenge in the coming debate will be to find the right balance between national security and civil liberties. The loudest arguments will come from those who see the issue in black and white -- who want to tilt in one direction, toward security or liberty. But those won't be the wisest arguments.
Why do these smarter-than-me people so frequently assume there's some kind of perfectly balanced scale of a country's foreign affairs, with one tray marked "liberty" and the other "security"? The idea is bogus on its face.
If you could truly achieve one goal by removing emphasis from the other, then the least free states would be the most secure, and the most free would be on the brink of collapse, right?
Let's take nine of the countries that recently received the highest score (1) from Freedom House's annual survey of global civil liberties: Australia, Belgium, Canada, Costa Rica, Czech Republic, Mauritius, Taiwan, the United States, Uruguay.
Now let's take the nine countries that received the lowest score of 7: Burma, Cuba, Libya, North Korea, Saudi Arabia, Somalia, Sudan, Syria, Turkmenistan. I dunno, which group looks more "secure" to you?
Speaking less analogically, the United States military over the last three decades has ended mandatory conscription, radically decentralized decision-making authority to individuals on the ground, opened up multiple lines of communication across every level, and embraced (at least to some extent) a new movement toward what's being called "open source" defense. Every one of these reforms has increased "liberty" -- of communication, of decision-making, of the rights of civilians not to shoot strangers -- and yet somehow our fighting forces are more effective and powerful than ever. Go figure.
As a fan of the color gray myself, I won't go so far as exchanging one bogus binary scale for another. But I would suggest that a fella can believe with perfect sincerity -- even without succumbing to libertarian panic -- that liberty and security are complementary, not mutually exclusive. The proverbial "challenge in the coming debate," or at least one of them, is to re-insert that idea back on the table when the Wise Men decide which Founding Principle to ignore next.
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the United States military over the last three decades has
ended mandatory conscription, radically decentralized
decision-making authority to individuals on the ground, opened up
multiple lines of communication across every level, and embraced
(at least to some extent) a new movement toward what's being called
"open source" defense. Every one of these reforms has increased
"liberty"
Are you not comparing apples and oranges here? Our military is
perhaps more free than it was back in the 1970s (except that
sailors can no longer grow beards on long sea voyages, a minor
matter), but our country as a whole is not.
I agree with your central thesis that increased civil liberties
probably increase a country's security, mind you; I'm just
wondering what the US military example has to do with the freedom
of our country as a whole. I think our liberties have declined,
over the course of my life.
Why do ... people so frequently assume there's some kind of
perfectly balanced scale of a country's foreign affairs, with one
tray marked "liberty" and the other "security"? The idea is bogus
on its face.
Amen. Sing it loud brother.
Our military is perhaps more free than it was back in the
1970s (except that sailors can no longer grow beards on long sea
voyages, a minor matter), but our country as a whole is
not.
Is it not? Perhaps, but I think our 'security' has suffered greatly
under Bush and Co. I'm suggesting that we were more secure in 00
than in 70.
I think the reforms Matt lists strengthened our military. However,
no amount of good management can overcome misuse. There is no
question in my mind that ending the draft greatly increased the
quality of personnel in uniform. But that was when the likelihood
of combat was small and no one had heard the phrase 'stop
loss'.
Much more needs to be said about the counterproductive nature of
security. Airports and borders spring to mind.
Is it not? Perhaps, but I think our 'security' has suffered
greatly under Bush and Co.
I agree; that's the point I was trying to make. We are less free
than we used to be, and probably a lot less secure, despite the
fact that an average member of the modern American military may be
more free than his comradde from thirty years previous.
Is it not? Perhaps, but I think our 'security' has suffered
greatly under Bush and Co. I'm suggesting that we were more secure
in 00 than in 70.
I think that part of the problem is that the so-called security
measures are largely window dressing that serve only to
inconvenience the public.
I'm inclined to agree with Jennifer that legally, we're less free
now than in 1970. We didn't have the drug war nonsense back then,
we didn't have SWAT teams serving warrants, nor DWI/seatbelt
checkpoints. We didn't have "public health" used as an excuse to
legislate against cigarettes alcohol, and fat.
The areas where we are more free, such as communication, travel,
creativity are largely the product of technology and ideas being
ahead of the people who'd outlaw them.
False binaries are another artifact of a two coalition political
system. When parties seek to motivate their bases, they emphasize
points of opposition with the other guy rather than points of
agreement. There is a lot of pressure on Republicans to demonstrate
that they are not only strong on national security, but are strong
in a way Democrats aren't. This becomes the Security meme that is
owned by the Republicans, and opposition to their platform is spun
as being soft.
The Democrats, on the other hand, have to demonstrate that they are
strong on civil liberties in a way that the Republicans aren't.
This becomes the civil liberties meme, and opposition to the
Democrat platform is spun as being tyrannical.
Looking at both positions from the outside, it is not at all clear
that PATRIOT as a whole is a flaming hunk of tyrannical poop, nor
is it obvious to me that domestic surveillance needed to be made
much easier than it already was. We have the illusion of mutual
exclusivity of civil liberties and security measures because we
have coalitions that stake out exclusive positions.
Canada? Sure, it's not North Korea, but obviously whoever came
up with that list doesn't LIVE here. Maybe the rosey nimbus around
the whole 'gay marriage' thing is blinding their eyes to the
wiretaps, internet snooping, universal disarmament, legacy of
botched imprisonment, etc, etc ,etc ...
Our government is getting more repressive by the day (almost
lockstep with the US inspite of all the 'we aren't them'
blather).
Jake
(who would rather live here than North Korea, but usn't handing out
any prizes either)
We are less free than we used to be,...
By what measure? There are many issues (gay rights, abortion, equal
rights for women and blacks*) where we are far more free than 1970.
I think you may be confused by the fact that there are noisy
assholes out there trying to reverse the trends of the last 30 or
40 years, but in fact what they want is for us to return
to 1970.
Only on issues like gun control and property rights might we be
less free than 1970, and as David points out the Drug War has
expanded to astronomical levels. However to think we are less free
than some era in the past is to ignore the widespread police abuse
that has occurred historically and the fact that many of the civil
liberties we take for granted are fairly recent developments.
* Of course there is a flip side to this. Because of Civil Rights
legislation many of us are less free in our personal and business
transactions. But this is an matter of evolving policy and
tradeoffs.
Only on issues like gun control and property rights might we
be less free than 1970, and as David points out the Drug War has
expanded to astronomical levels.
Since approximately 2002 I have not gone more than two months,
maybe two and a half, without being subject to a warrantless and
baseless search--drunk checkpoints, seatbelt checkpoints, bag
searches and the like. (And I am not even counting airport
experiences in that mix.) Cops stopping me on the road at a
checkpoint and asking "Where are you coming from? Where are you
going? What are you planning to do tonight?" That is not
freedom.
In the 1970s, who would have seriously thought that the government
would use its power to make certain people urinate on demand if
they want a job? Who would have thought that, upon discovering that
the government has been tapping American's phones without a
warrant, that the President would be able to say "Screw you, we'll
keep doing it" and not face immediate impeachment? Think of public
school students who are required to carry photo ID on them at all
times--they're required by law to go to school, and once there
required to carry ID, thus making the first non-criminal American
civilians required to carry and show photo ID on demand.
And if I didn't have to do actual work right now I could list a
hundred more examples.
Since approximately 2002 I have not gone more than two
months, maybe two and a half, without being subject to a
warrantless and baseless search--drunk checkpoints, seatbelt
checkpoints, bag searches and the like. . . . Cops stopping me on
the road at a checkpoint and asking "Where are you coming from?
Where are you going? What are you planning to do tonight?" That is
not freedom.
I don't recall ever being subjected to any of those things, ever.
I've definitely never had to go through a seatbelt or drunk driving
checkpoint. So, on average, we're perfectly free.
Looking at both positions from the outside, it is not at all
clear that PATRIOT as a whole is a flaming hunk of tyrannical
poop...
Jason,
Is this what you meant to say? Because from the rest of your
comment I think you might have meant "... it is quite
clear that PATRIOT..."
Isaac, of the issues you list as "more free now", only abortion
can be truly traced to action of the government, as opposed to the
general trend of social acceptance. Racism and sexism, as well as
homophobism, while still alive (as they always will be), are
relegated to the fringe not because the government has jumped in
full force, but because they have become socially unacceptable
attitudes - and that has more to do with evolving culture than with
affirmative action or any other government program.
I think Jennifer is pretty much spot on that our government is far
less free today than it was in 1970. And it appears to be trending
in the wrong direction at the moment.
False binaries are another artifact of a two coalition
political system.
Very good point, Jason.
Cops stopping me on the road at a checkpoint and asking
"Where are you coming from? Where are you going? What are you
planning to do tonight?"
Holy shit. Where do you live? I have to say, I find this difficult
to believe. Not that I have any doubt at all over the propensity of
police to recognize no limits on how abominably they should treat
non-police persons. It just seems so expensive and inconvenient for
them. That kind of wide-net abuse of power is something I would
expect as a one time "because we can" publicity stunt, and not
something the average commuter could expect ever other month.
Then again I still have a hard time believing that average
commuters subjected to such abuses, gets more of a 'sense of
comfort' than 'pissed off'.
In the 1970s, who would have seriously thought that the
government would use its power to make certain people urinate on
demand if they want a job?
For government jobs, yes. But what about Taco Bell making its
employees pee into a cup? Does the gov't pressure them into doing
that? (Serious question)
Cops stopping me on the road at a checkpoint and asking
"Where are you coming from? Where are you going? What are you
planning to do tonight?"
Maybe they just want to join you, wherever you're going. Did they
preface this with "Hey, babe..."?
Seriously, I've only been stopped at one drunk check (which
incidentally had been publicly announced in advance), and I was
comfortable saying 'Sorry, but I don't think that's any of your
business' to most of what was asked. It was just an excuse to sniff
test anyway, the questions weren't the point.
I hate that they do it, but if it saves one child...
Jennifer and quasibill,
I agree that there are plenty of reasons to be afraid for our
liberties. There are noisy and influential voices calling for all
kinds of restrictions, but for the most part I will maintain that
what they are calling for is a return to some idyllic
past*.
Before 1970 or so homosexuality was illegal and the police actively
baited and arrested gay men in public places. The fact that they
were subject to this treatment was largely due to the clandestine
practises made necessary because of repression. This was done
routinely in the USA, Canada, Britain and Australia. While it is
true that social acceptance has led the law it was the change in
the law the law has none the less changed. and it is the change in
the law that has eliminated for all practical purpose the
government repression of gays.
*Both the left and right engage in this. But I'm afraid that anyone
who thinks that there are practises today that are unique to this
era lacks historical perspective.
But due to another thread here I now know that Sacco and Vanzetti
were guilty. Their innocence was possibly the only thing I believed
the lefties about.
Where do you live? I have to say, I find this difficult to
believe
Connecticut. The worst and most common checkpoints, in my
experience, seem to be in Newtown, in the western part of the
state. Newtown is one of those wealthy places with little real
crime, so the cops have to make shit up to keep themselves
busy.
I've only been stopped at one drunk check (which incidentally
had been publicly announced in advance), and I was comfortable
saying 'Sorry, but I don't think that's any of your business' to
most of what was asked
Unfortunately, the cops always seem to pick out the worst possible
times for me. For example, the most egregious drunk checkpoint I
ever went through, when it was spectacularly obvious that I was
cold-sober but the cop kept asking me bullshit questions anyway,
was at dusk on a Friday night, and that following Monday I was
scheduled to leave on my first business trip for my brand-new job.
So there was more at stake than a simple weekend in jail, for
me.
But what about Taco Bell making its employees pee into a cup?
Does the gov't pressure them into doing that?
Ever hear of peer pressure? Taco Bell wants to be viewed as a Good
Corporate Citizen.
Warren:
The key condition on that statement was 'as a whole'. There are
elements of it that are illiberal and elements of it that seem like
reasonable extensions of existing warranted search procedures. My
point is that it is very hard for a coalition politician to adopt a
position outside of the false binary of Patriot = safe vs. Patriot
= tyranny.
Is Matt Welch still sticking to his story about how Americans
behaved so admirably during Katrina and only damn foreigners and
racists claim there was widespread violence?
http://www.msnbc.msn.com/id/10590305/
Well, not that I was planning to move to Connecticut, but, er, I'm doubly not going to.
*does some quick confirmation*
See, this is where I think your point is overstated, Jason.
Connecticut is a solidly Democratic state, and yet I'd feel much
safer from cops while driving around in Republican-run Texas. Party
identification certainly plays a part in rhetoric, but on
matters like civil liberties, I don't see that it affects policy
remotely as much.
Is Matt Welch still sticking to his story about how
Americans behaved so admirably during Katrina and only damn
foreigners and racists claim there was widespread
violence?
Matt Welch never told that story to begin with, so your answer is
"no." Thanks for the link, though.
Ever hear of peer pressure? Taco Bell wants to be viewed as
a Good Corporate Citizen.
Yup. I was just wondering if the gov't provides any, er,
"incentives", to get corporations to do this.
I remember back in my poor college student days seeing all the
"drug-free workplace!!!" signs and thinking what a shithole those
places must be to work, and being glad that I worked at rathole
hotels and grocery stores that didn't test.
"and yet I'd feel much safer from cops while driving around in
Republican-run Texas. "
Not that I totally disagree with your point (Democrats, when in
power, are just as willing, if not more so, to violate certain
liberties as are Republicans) but, Texas? Do you follow what
happens in that "justice" system? That is the one state in the
nation that you couldn't pay me enough to get me to move there.
Undercover agent who arrest many people and gets them convicted on
only his say so (he later turned out to be lying), a defendant who
everyone admits was sentenced under 3 strikes who only had 2
strikes, but everyone says "oh, well, it's his problem his PD was
incompetent", where having your PD sleep through your trial is
considered effective, where police chiefs have admitted that they
considered physical coercion a legitimate tool in gaining a
confession from a suspect (and that they used it in many cases
where it is now widely accepted that the suspect was
innocent?)
There's got to be a better example than Texas. That's one state
where I would live in fear of what the police, and through them,
the judiciary could do to me...
Matt,
There's an interpretation of the paragraph you quoted that makes it
directly incompatible with your "...the most free would be on the
brink..." sentence. Specifically "balance" may imply a sweet spot
is in the middle. Consider arguments for a minimum wage. Personally
I believe that a minimum wage is bad for many reasons, but
advocates of the minimum wage clearly believe that there is a sweet
spot where it is overall good. i.e. An advocate of the minimum wage
is not in favor of it being one penny an hour or one thousand
dollars an hour.
DI could be right if you were to line the countries up on a civil
liberty index and then find that the most secure were all grouped
together anywhere on that line. So, your syllogism may not be fair,
because you're not looking for the sweet spot, you're only looking
at the end of the ostensible continuum. I didn't find anything in
the article to explicitly confirm this interpretation, but it's
certainly possible to give him the benefit of the doubt.
DI mentioned balance, and you brought up scales. Although a set of
scales is one example of balance, someone riding a unicycle is
another. The former is static, the latter dynamic. DI's last
paragraph contains
"But even more, it needs a clear legal framework for this effort."
To me a framework suggests a more dynamic solution than a
particular law or particular power being granted-a dynamic solution
with more constraints than "the current lawless approach."
BTW like you, I disagree with the article, however, you did ask
"Why do these smarter-than-me people so frequently assume there's some kind of perfectly balanced scale of a country's foreign affairs, with one tray marked "liberty" and the other "security"? The idea is bogus on its face."
and my guess is that you've read more into "the right balance
between national security and civil liberties" than DI wrote or
meant.
Isaac,
Thank you. I cringed when I saw the comparison to 1970, since
Stonewall was
June 27th 1969 and that was just the beginning.
Eric:
I was attempting to explain one reason that we always wind up being
offered false binaries. I agree that this phenomenon is rhetorical,
but I wonder if there isn't an element of a self fulfilling
platform here. The national Repubs do defend PATRIOT in its
entirety and the national Dems do bash the whole thing on civil
liberties grounds.
Maybe another way to look at what I'm suggesting is that the
minority party in a two coalition system is not primarily motivated
by advancing civil liberties, it is primarily motivated by making
the majority coalition look bad.
As for the cops, I'd say that beat cops are not primarily political
creatures, though their bosses are. The motivation for all
political cops in high crime areas is to demonstrate that something
they did reduced crime of some sort. The motivation for cops in low
crime areas might be a bit different. Ergo, I'd guess that you'd be
more afraid of cops in high crime areas than low crime areas
irrespective of party control of the region because high crime cops
and their bosses will tend to try too hard.
anon2 -- I think that's a great point; it's just that I *never*
see a "sweet spot" argument actually made during one of these types
of columns. Meanhile, the "balance" analogy more often than not
(though not in this case) comes with the word "tradeoff," which
supports the scale analysis.
I basically agree with the point Ignatius is making with the column
-- it's important to keep the exercise of Executive Power within
*some* legal/constitutional framework. But I'm allergic to the
tradeoff argument, and perhaps too hastily assume that that's the
one being made when someone talks about the "balance between
liberty and security."
Texas? Do you follow what happens in that "justice"
system?
Quasibill, the problem (and it's a huge one) is that you can go to
most any state and see the same thing happening. I wasn't
suggesting that Texas is some utopia, but pointing out that people
there aren't besieged by the police in the matter Jennifer
describes.
I agree that this phenomenon is rhetorical, but I wonder if
there isn't an element of a self fulfilling platform here. The
national Repubs do defend PATRIOT in its entirety and the national
Dems do bash the whole thing on civil liberties grounds.
I think it's far more likely that the Democrats oppose PATRIOT
because it symbolizes a Republican's presidency - and conversely,
why so many Republicans stick up for it. If Gore had signed that
law, I would expect roughly the opposite stances.
I wasn't suggesting that Texas is some utopia, but pointing
out that middle- or upper-class white people there
aren't besieged by the police in the matter Jennifer
describes.
The copy editor in me could not resist the urge to correct your
sentence for you.
Yup. I was just wondering if the gov't provides any, er,
"incentives", to get corporations to do this.
Indeed they do. Remember, many, if not most, large corporations
rely on government contracts for at least a portion of their
revenue. While there's no law requiring a private employer to drug
test employees (although there are exceptions), they can require it
as a condition for bidding on a contract. I'd be willing to bet a
company like Taco Bell agreed to the practice in return for
consideration when a government facility is accepting proposals
from food vendors. Almost every large corporation does business
with the government in some capacity, making it almost impossible
to avoid complying with their requirements.
There may also be liability concerns. A drug user is a Legally Certified Dangerous Person. A worker who's merely irresponsible isn't. If that Legally Certified Dangerous Person should ever hurt (directly or indirectly) a co-worker or customer, even if he wasn't high while doing so, it might look really bad in court.
Why do ... people so frequently assume there's some kind of
perfectly balanced scale of a country's foreign affairs, with one
tray marked "liberty" and the other "security"?
It isn't about "balance."
A lot of people, and particularly those who go into government,
simply see most folks as incompetent at managing their own lives
and feel that government would do a better job at it. This
philosophy is completely non-partisan between Ds and Rs, depending
on what rights are being discussed.
In a world where we had all the security we wanted, these folks
would argue we no longer needed liberty.
Before 1970 or so homosexuality was illegal and the police
actively baited and arrested gay men in public places. The fact
that they were subject to this treatment was largely due to the
clandestine practises made necessary because of repression. This
was done routinely in the USA, Canada, Britain and Australia. While
it is true that social acceptance has led the law it was the change
in the law the law has none the less changed. and it is the change
in the law that has eliminated for all practical purpose the
government repression of gays.
Yes, there are behaviors that are legal now that weren't in 1970.
My problem with using those as an index of freedom is that they
aren't usually activities an average citizen would engage
in on a typical day.
Is an average citizen more likely to go to a gay bar, or drive a
car? Have an abortion, or work for an employer? My point here is
that while certain minorities may have obtained advantages, on
the average the typical citizen has less freedoms than he
did.
Consider that as recently as the 1960's, the majority of adults
were smokers, and the presumption was that you could smoke pretty
well anywhere. Now, imagine the government declared a War on Coffee
- you could only drink coffee outside the building, not at your
desk, you couldn't drink it at a restaurant, you had to pay an
outrageous tax on every cup of coffee. You'd probably consider that
an outrageous infringement on typical adult behavior. Well, if you
grew up in the 1960's, when almost everyone smoked cigarettes,
you'd recognize the War on Smoking as just that kind of
infringement. At that time, smoking was as typical as drinking
coffee is now.
Concerning drug testing: after grad school I worked for a temp
agency for awhile. They didn't do preliminary drug testing (too
expensive), but among the huge pile of papers I had to sign when
they first hired me was one saying that if an employer ever had
reason to suspect I was on drugs, I'd be tested.
I was pretty desperate for a job so I almost signed the
paper--until I noticed that it ALSO said the drug-testing company
would be held "blameless and harmless" in the event of a false
positive. And according to a lawyer friend of mine, that was some
baaaaad shit: 'blameless' means you cannot be held criminally
responsible, whereas 'harmless' means you can't even be liable for
civil damages. (Or perhaps the other way around.)
So, in theory, I could have taken a drug test and on the basis of a
false positive lost my job or even been imprisoned, and I would
have no legal recourse whatsoever. Therefore, when I returned my
huge pile of signed documents to the job-bank I kept the unsigned
drug-test document in my purse. I was actually hoping they'd notice
and call me out on it, so I could call the ACLU ("Hey, I'll take a
drug test, I just want them to be held responsible if they screw it
up"); unfortunately they hired me anyway.
That was the last time I even came close to a drug test. But I
understand that the "blameless and harmless" bit is pretty standard
in such instances.
So this is what the Land of the Free has come to--even if you are
FALSELY accused of a crime that shouldn't be a crime, your life can
be destroyed anyway, and you have no recourse.
"Every one of these reforms has increased "liberty" -- of
communication, of decision-making, of the rights of civilians
not to shoot strangers..."
I don't understand the italicized portion.
I wasn't suggesting that Texas is some utopia, but pointing
out that middle- or upper-class white people there
aren't besieged by the police in the matter Jennifer
describes.
And, Jennifer, do you have any reality-based reason to believe that
anyone else in Texas is treated the way you are in
Connecticut?
Believe me, I have seen Dallas police cruisers drive right past
cars full of Hispanics that they could easily pull over for the
proverbial busted tail-light. Ditto for a car driven by a black man
that actually ran a red light.
Given engraved invitations to harass, the Dallas police seem
curiously indifferent.
"I wasn't suggesting that Texas is some utopia, but pointing
out that middle- or upper-class white people there aren't
besieged by the police in the matter Jennifer describes.
The copy editor in me could not resist the urge to correct your
sentence for you.
Well, if we're to continue that line of logic (white person in
Connecticut treated much worse than white person in Texas,
non-white people in Texas treated worse than whites), then I
shudder at the idea of what Gestapo tactics Connecticut police use
against minorities.
Or is this just a gratuitious "racism only exists/is only worth
speaking about south of my state" thing?
I don't understand the italicized portion.
Neither did Jesse. I basically mean the right of civilians to not
be conscripted in the military. Where, among other things they
might not enjoy doing, they might be asked to shoot strangers.
if we're to continue that line of logic (white person in
Connecticut treated much worse than white person in Texas,
non-white people in Texas treated worse than whites), then I
shudder at the idea of what Gestapo tactics Connecticut police use
against minorities. Or is this just a gratuitious "racism only
exists/is only worth speaking about south of my state"
thing?
Nope, just pointing out that Texas isn't better than Connecticut;
it just has a different flavor of badness. The Tulia drug sting
alone (which another poster referred to higher up) should disabuse
anyone of the notion that Texas is some bastion of liberty.
One-third of a town's black population imprisoned on NO physical
evidence, but just the say-so of a single cop with a reputation for
lying?
And, Jennifer, do you have any reality-based reason to believe
that anyone else in Texas is treated the way you are in
Connecticut?
The folks in Tulia were treated far worse than ever a cop has
treated me. Spending five minutes answering illegal questions at a
checkpoint is infuriating, but a damned sight better than spending
a few years in jail on false charges.
We have the illusion of mutual exclusivity of civil
liberties and security measures because we have coalitions that
stake out exclusive positions.
Jason makes a bunch of sense--again.
I've been wondering about that lately. ...Even if the Constitution
as Death Pact meme had substance, why are its champions so quick to
level the charge of cowardice?
...Why does raising Constitutional concerns about whatever they
want to do seem cowardly to them? Why does selling our Constitution
out for the pretense of security seem so heroic to them? ...those
are the kinds of things I've been wondering about.
When parties seek to motivate their bases, they emphasize
points of opposition with the other guy rather than points of
agreement.
I'm giving more credence these days to the idea that the parties,
subconsciously or otherwise, strive to become the caricatures their
opponents claim them to be.
The folks in Tulia were treated far worse than ever a cop
has treated me.
Texas has its cop problems, for damn sure. I would never claim it
doesn't. Abusive cops exist everywhere - LA, NY, I'm sure
Connecticut as well. The crookedest cops I ever met were in
Boston.
I was asking whether you had any support for your insinuation that
Texas cops were harassing minorities in the way you are harassed in
Connecticut? Or are you just indulging in groundless
stereotyping?
Nope, just pointing out that Texas isn't better than
Connecticut; it just has a different flavor of badness.
At some point, I just don't know where you're going with this,
Jennifer.
You start out adamant that we're all living in a police state and
trot out your frequent experiences in Connecticut as evidence.
People recoil in horror, and I point out (along with others) that
such things never happen to me in my state. I further point out
that Connecticut is a Democratic-dominated state, while Texas a
Republican one, and that this (further) illustrates that the civil
liberties/Law Und Order dichotomy between D's and R's is just
rhetoric.
You jump out with Yeah, well, but your cops are racist!,
so I wax sarcastic at the implied suggestion that Connecticut cops
aren't. Then you start arguing that, despite the fact that
the very things you complained about as evidence of our police
state are at least somewhat peculiar to Connecticut (compared to
other commentors' states), we're all really equally oppressed, just
in different ways. (Oh, and for good measure, that apparently
Connecticut cops are never corrupt and no innocent people are in
prison in Connecticut.) And that's just vacuous.
Hell, I don't even know where you're coming from.
Neither did Jesse. I basically mean the right of civilians
to not be conscripted in the military. Where, among other things
they might not enjoy doing, they might be asked to shoot
strangers.
The problem is, there's no such right. While the government hasn't
felt the need to do it since Vietnam, mandatory Selective Service
registration is still in effect, and Congress can still implement a
draft any time it suits them. There's absolutely no law on the
books prohibiting involuntary conscription.
Put another way, Jennifer, you may go on at length about how horrible America has become, but you'll apparently be damned before admitting that Connecticut might be inferior to (shudder) Texas in some way. What's up with that?
There's absolutely no law on the books prohibiting
involuntary conscription.
This is true.
Yes, there are behaviors that are legal now that weren't in
1970. My problem with using those as an index of freedom is that
they aren't usually activities an average citizen would engage in
on a typical day.
I see your point.
It is true that the Nanny State has reached new heights. It is also
interesting that the main proponents of the Nanny State are at the
forefront of protests against the Security State and the Law and
Order State and even the Fundamentalist Xian State.
I think one of the fallacies revealed here is that the is some
divide between those "For Freedom" and those "Against Freedom".
Except for the kind of nutcases that post at place like H&R
there really is not much of a constituency for "Freedom".
The vote-winningest pols are the ones that promise the "right"*
restrictions; just so long as they promise enough give-aways and
the most "security".
*"right" for the constituency they are seeking votes from. The most
skilful go from constituency to constituency promising utterly
condradictory proposals and get away with it. :)
You start out adamant that we're all living in a police
state and trot out your frequent experiences in Connecticut as
evidence. People recoil in horror, and I point out (along with
others) that such things never happen to me in my state.
And I've never been arrested and held incommunicado without a
trial, but that doesn't mean it doesn't happen to others. Surely
you don't believe "It doesn't happen to me; therefore it doesn't
happen to anybody"?
but you'll apparently be damned before admitting that
Connecticut might be inferior to (shudder) Texas in some
way.
BOTH states suck; they just do so in different ways.
I was asking whether you had any support for your insinuation
that Texas cops were harassing minorities in the way you are
harassed in Connecticut?
If it makes you feel better, RC, I think ALL states' cops harass
minorities. That's why the phrase "Driving While Black" entered our
lexicon.
Then you start arguing that, despite the fact that the very
things you complained about as evidence of our police state are at
least somewhat peculiar to Connecticut (compared to other
commentors' states), we're all really equally oppressed, just in
different ways.
I'll admit--I don't think any state is much freer than any other
these days; there are only differences in HOW the lack of freedom
is felt.
(Oh, and for good measure, that apparently Connecticut cops are
never corrupt and no innocent people are in prison in
Connecticut.)
Where the fuck did I say that? Insult Connecticut all you
want; I'll gladly join you. The only reason I'm even still here is
because of my boyfriend; otherwise I'd've gotten the hell out of
Dodge years ago.
Except for the kind of nutcases that post at place like
H&R there really is not much of a constituency for
"Freedom".
Utterly agreed. You get some places and times where people bristle
more at certain intrusions, but at a party level, the people who
care are as fringe as us at a practical level.
Eric, I agree, the problem is everywhere, but only in Texas is
there such a cluster of really bad conduct. For example, in PA, an
illegal sentence is ALWAYS challengeable, it can never be waived,
like they claim it was in TX. In PA, sleeping through any part of a
trial is ineffective assistance of counsel, unlike TX. Do I mean
that PA is some bastion of freedom? No way - we have our own
problems. But at the same time, I have followed what goes on in TX
and it is somewhat unique in this regard.
Another great example was the study that showed that over 80% of
the Houston police admitted to having an untraceable gun with them
at all times so they could drop it on a victim that they had shot
(the report was in the '80s). Now I know for a fact that many
police in PA did the same thing, but the number never reached 50%,
let alone 80. To have such widespread corruption requires a bigger
problem than just the usual "couple of bad apples".
And I've never been arrested and held incommunicado without
a trial, but that doesn't mean it doesn't happen to others. Surely
you don't believe "It doesn't happen to me; therefore it doesn't
happen to anybody"?
Fair enough. I'll assume that I'm the sole Texan who isn't
repeatedly stopped harassed by police. Might explain the traffic on
my commute.
"(Oh, and for good measure, that apparently Connecticut cops
are never corrupt and no innocent people are in prison in
Connecticut.)"
Where the fuck did I say that?
You were harping on Texas' police corruption as some sort of
contrast to Connecticut's. If you don't think it's a contrast,
what's the point of bringing it up?
I'll admit--I don't think any state is much freer than any
other these days; there are only differences in HOW the lack of
freedom is felt.
I can't really argue with I think it's really all the same,
despite any differences, so I won't.
You were harping on Texas' police corruption as some sort of
contrast to Connecticut's. If you don't think it's a contrast,
what's the point of bringing it up?
I was corecting your comment that drivers in Texas don't get
harassed by the cops as I was here.
I can't really argue with I think it's really all the same,
despite any differences, so I won't.
Since that is not what I said, it's just as well you're not arguing
the point. What is so difficult about comprehending a statement
like "Different states trample their citizens' freedom in different
ways?"
Quasibill,
I'm not familiar with the study you refer to (nor am I especially
convinced by your intuition that only half of PA cops would do
something like that). If you wish to substantiate that and your
other points, then we would be capable of arguing a difference
betwen PA and TX, to the apparent horror of some here.
then we would be capable of arguing a difference betwen PA
and TX, to the apparent horror of some here.
Yes, yes, I get it, Eric. It was Wrong with a capital W for me to
say something like "Different states suck in different ways";
apparently a state is either free or it isn't, and the idea that
different states can have different problems is just fucking
impossible, isn't it?
I was corecting your comment that drivers in Texas don't get
harassed by the cops as I was here.
Jennifer, you can't "correct" me on this. I actually live in Texas
and know something about it.
Since that is not what I said, it's just as well you're not
arguing the point. What is so difficult about comprehending a
statement like "Different states trample their citizens' freedom in
different ways?"
Jennifer, I really don't know what you're saying, so I'm
giving up. One minute you're arguing that it's really all the same
in different ways, the next you're telling me I'm missing all the
invisible police checkpoints in Texas. I don't think there
is any point behind what you're saying, just a desire to
wallow and irritation at anyone who suggests that some corner of
the sky isn't falling at a fast enough pace.
"I'm not familiar with the study you refer to "
Sorry, my mistake. It was a case that I had read, not a
study:
Webster v. City of Houston, 689 F.2d 1220, 1227 (5th Cir.
1982).
"nor am I especially convinced by your intuition that only half of
PA cops would do something like that"
Well, it's more than intuition, it's experience, and having read
the statistics (I actually attended a conference presented by the
AG addressing this issue, where he presented data) - many police
shootings in PA occurred where a gun was never found on the victim,
even in the 70s & 80s. It would have been unlikely if the cops
were so willing to use 'throwdowns'.
Again, I'm not defending PA police. I'm just noting that I've said,
for a long time, that TX is the one state you couldn't pay me to
move to. And that's too bad, because they do have the best member
of the federal government in Dr. Paul, so at least somewhere in
there there must be a group of people who have the same ideals that
I do...
Ken:
"I'm giving more credence these days to the idea that the parties,
subconsciously or otherwise, strive to become the caricatures their
opponents claim them to be."
That is exactly my view. It is most important to be 'not them'.
Fine, Eric, if it makes you happy: "It was Wrong for me to
suggest that there are cops in Texas who abuse their authority, or
the citizens of the state. Furthermore, by suggesting otherwise I
was actually saying 'Connecticut is better than any state in the
South.' And since Eric doesn't have problems with Texas cops, it
follows that others don't either, and Tulia was an
aberration."
Or maybe what I actually meant to say was "Only traffic checkpoints
endanger Freedom. Since Texas apparently has less checkpoints than
Connecticut, then Texas is in all ways more free than Connecticut,
and it is Wrong for me to suggest otherwise."
Anecdotally, a friend of mine who wears the blue here in KY has
always said that New Orleans and Baltimore had famously
institutionalized sketchy behavior into their departments.
Without any evidence at all, I would guess that corruption is worst
where incentives are highest. Locales with high violent crime rates
tend to implement policies to get 'the scum' off the streets.
Locales known as high drug traffic zones tend to implement policies
that will allow a lot of drugs to be seized on camera. On that
theory, you would expect places like Nebraska or maybe Tennessee to
have relatively low corruption on the part of law enforcement.
Good God, Jennifer. It really would kill you to listen to people who disagreed with you, wouldn't it?
It really would kill you to listen to people who disagreed
with you, wouldn't it?
Disagree with ME all you want, but why do you call me to task for
things I never said? Texas blows and Connecticut sucks, or maybe
it's the other way around.
And the other forty-eight states aren't too nice these days,
either.
Disagree with ME all you want, but why do you call me to
task for things I never said?
I didn't imagine "I was corecting your comment that drivers in
Texas don't get harassed by the cops as I was here". Unless your
point is that if anyone in Texas is ever harassed by a cop, it's
equivalent to commonplace police harassment in Connecticut. If so,
I hear the police harass people in China, to.
Really, give me a break, Jennifer. I said Texas doesn't suck in
that particular way, and you fall all over yourself telling me that
it sucks just as badly in different ways - and that, anyway, I'm
just wrong that it doesn't suck that way. And if I am
committing the sin of being right on that point, then gee, I'm an
idiot who thinks that's the only thing that matters.
Jennifer your experience sounds truly horrific and I have to wonder if there isn't something more going on. A brown skinned man could roll down Rodeo (Dr) with a shotgun on a quiet peaceful day, and get questioned less often than you. Do any of your friends comment that you are getting pulled over more than them?
I propose an experiment. We'll have Mo, if he's still about, drive around in Texas and Connecticut and note how many times his rights are violated. The rest of us pitch in for bail, and we should have a good data set. Right?
"But I would suggest that a fella can believe with perfect
sincerity -- even without succumbing to libertarian panic -- that
liberty and security are complementary, not mutually
exclusive."
This seems to me to be the crux of Matt's article. I have argued
successfully with my right-winger friends that maximal liberty
produces maximal security; conversely all of the bullshit going on
now only serves to decrease our security.
A couple of countries Matt didn't mention are the former U.S.S.R.
and the former G.D.R. (East Germany). The amount of domestic spying
in both locations would give GW wet dreams. By the administration's
reckoning, these should be the most secure and safest places to
live on the planet with the possible exception of (the former)
Khmer Rouge - controlled Kampuchia. The only problem, of course, is
that these safe havens no longer exist.
There is no substitute for good old-fashioned police work. Had the
agencies so intent on spying on all of us now not ignored that memo
from the FBI's Phoenix field office, there would have been no 9-11.
That kind of police work was done without the massive surveillance
powers the government now claims to possess.
During the cold war, the FBI knew without a doubt that thousands of
KGB agents were gathering intelligence and gearing up to sabotage
important facilities if ordered. Very modest concessions were made
by Congress to enable G-men to monitor and apprehend Soviet spies
and special courts were authorized and created to allow for trying
accused spies fairly while keeping defense secrets secret.
For the most part, the U.S. stayed wide open and free while
paranoid Communist leaders clamped down ever harder using the same
rhetoric and methods that the administration now employs. History
shows without a doubt which way of organizing a society creates the
greatest security.
Of course, the goal of the Communist leaders was to subjugate their
people. At first, I thought the administration was merely
misguided, but I am, perhaps cynically, coming to believe that our
government shares that goal along with the ways of achieving that
goal.
So far, every setback to a would-be terrorist has been achieved by
normal people taking matters into their own hands while the
government confiscates fingernail clippers and murders mental
patients. That this rankles the administration to no end was
exemplified best when the FBI lamely (and briefly) tried to claim
that the passengers aboard Flight 93 had not really done anything
to foil the attempted hijacking.
It's pretty clear, or should be, that any attempt to "balance"
liberty and security ends up undermining both.
Johnl--
This wasn't a pull-over; it was a drunk-driving checkpoint. And as
much as I loathe the whole idea of DD checkpoints, what really
frosted me was that, as I mentioned higher on this thread, I was
OBVIOUSLY sober (driving home from a late night at work, in fact),
yet instead of waving me on he asked questions. "Where are you
coming from? Where are you going? Have you taken any alcohol or
drugs? Do you plan to take alcohol or drugs later?" (Like anybody
would say 'Yup, soon as I get home I'm snorting the big-ass pile of
cocaine I have in my purse!' Furthermore, if I had planned to get
drunk later it would have been legal anyway, since i'm well over
21.)
And judging from how long it took the cars ahead of me to get
through the point, I'm guessing they had to answer the same
questions. Ordinarily I would have very coldly and politely told
the cop that this was none of his concern, but as I mentioned
before, I was due to leave for my first business trip in a couple
of days and didn't want to risk missing it.
if the Constitution as Death Pact meme
Ken: I'm curious what you're referring to here. Could you explain
further?
Thanks, Eric - you pretty much said it for me.
Is it impossible to believe that cops in CT are more likely to
engage in low-grade, routine harassment of the citizenry than cops
in Texas?
Is it impossible to believe that cops in CT are more likely
to engage in low-grade, routine harassment of the citizenry than
cops in Texas?
Certainly not. But is it impossible for YOU to believe that Texas
citizens have to deal with harassment, too? Maybe not the exact
same form of harassment, but harassment all the same?
Jennifer, the thing about the check point being there just when
you can't afford it is Murphy's law. What's remarkable is that you
have been through a couple dozen non-airport searches in the last
three years. Could there be a notorious criminal in your
nighborhood driving the same model car? Do you have Bob Marley
bumper stickers?
I drove through an interior border checkpoint a hundred times last
year and was not stopped once in my Camry. You might think about
getting a Camry or Volvo with no stickers.
Lets put the 'freedoms' back in the U.S. No more baggage searches, no more traffic stops to test for DUI (sorry MADD). Demand proof of involvement and intent before granting any warrant. Get a President that will get permission from a Judge before he takes any action to protect us inside our country (most likely a Democrat). Publish all our weaknesses, and national security programs in the newpaper. Feeling Safer now?
RC, as a favor to me, please don't contradict my adamant statements about Texas police never, ever, ever harassing anyone.
Yes, Jim, I'd feel a lot safer from the cops who for a lot of Americans are a whole lot more of a threat than any ay-rab terrorists.
I might ad that however atypical I think Jennifer's experience
is it still represents a major imposition and inconvenience for her
(and her co-residents). And it might be coming to your neighborhood
next.
Am I paranoid if they are out to get me? :)
And it might be coming to your neighborhood next.
Or my neighborhood, and that'd really piss me off.
Jennifer, the thing about the check point being there just
when you can't afford it is Murphy's law. What's remarkable is that
you have been through a couple dozen non-airport searches in the
last three years. Could there be a notorious criminal in your
nighborhood driving the same model car? Do you have Bob Marley
bumper stickers?
Nope, I drive a stickerless late-model Neon. Furthermore, despite
my personality I look (and generally dress) like the type
of woman who follows all the laws and likes cops and thinks the
government is hunky-dory. My main problem, I fear, is that the city
of Newtown, Connecticut, is run by little asshole tin-pot
dictators, and for the past couple of years I have either worked in
Newtown or had to drive through it to get to my job.
But let me clarify: those searches include drunk-driving
checkpoints, seatbelt checkpoints, taking the train to New York,
taking public transport in New York, and so forth.
Not once was I singled out for a bullshit pull-over while driving.
Well, okay, it DID happen to me once, but that was in North
Carolina back in the early nineties, and that had nothing to do
with the war on terror; it was the standard small-town Southern
sheriff seeing a car with out-of-state plates (Virginia).
Linguist,
Matt Welch had a superb post a while back, How
Ever Do the Handcuffed Suicide Pactists Manage? He wrote:
"File these under the same category as ticking-time-bomb
scenarios, zero-sum liberty-for-security trades, and the
Constitution-as-death-pact."
I picked up on it as "Constitution as death pact meme", and I've
been running with it ever since. It seemed to crystallize what I've
been trying to say to so many people. ...came in handy over the
holidays talkin' to the family too.
My thoughts on it are in the thread I linked.
But what about Taco Bell making its employees
pee into a cup? Does the gov't pressure them into
doing that?
Ever hear of peer pressure?
Found pun alert!
"I'm giving more credence these days to the idea that the
parties, subconsciously or otherwise, strive to become the
caricatures their opponents claim them to be." - Ken Schultz
Completely agree with only one minor quibble... I guess I'm just
wondering why you think they have any striving left to do - seems
they've arrived at full caricature-hood to me. I may be an
optimist, since I honestly think that it'd pretty effortless at
this point for them to continue to be the caricature, but it just
doesn't seem that more striving is required, y'know?
But is it impossible for YOU to believe that Texas citizens
have to deal with harassment, too?
Sure, its possible for me to believe that. But you haven't given me
any reason to, other than your apparent belief that, brutish Texans
being what they are, everything must be worse there.
I mean, really, Jennifer, I heard a whole lot more about
checkpoints and all that when I lived in Madison than I do around
Dallas. I honestly believe that Dallas cops at least don't indulge
in that kind of low-level harassment.
For they most part, they are too busy framing people for cocaine
distribution and shaking down business owners for bogus after-hours
"security" jobs.
your apparent belief that, brutish Texans being what they
are, everything must be worse there. . . . . For they most part,
[the cops where I am]are too busy framing people for cocaine
distribution and shaking down business owners for bogus after-hours
"security" jobs.
I said nothing about brutish Texans or any such thing, RC, and you
need to stop getting so defensive about living in Texas. Yes: I
think your state sucks. I also think mine sucks. In some ways, my
state (especially the city of Newtown) is worse than yours. In
other ways, your state is worse than mine.
Jesus Christ, I'm turning into Cathy Young.
Fuck balanced statements. Texas SUCKS!
Texas SUCKS!
Look, I know sometimes I say some controversial stuff, and, unless
I'm mistaken, I was one of the first on the "Texas Sucks"
bandwagon. In fact, I think I might have been the one who put the
gas in, started up and drove the "Texas Sucks" bandwagon.
I've been talkin' down on Texas since I don't know when. When and
where I grew up, we were taught that Texas was on the wrong side of
everything. ...and I understand Jennifer grew up not far from where
I did.
I don't know about Jennifer, but I grew up listenin' to sermons
with the Dallas Cowboys compared to the devil and all that... ...I
was taught that Texas dropped out of the big one after about ten
minutes and all that too. ...but right here on this very board,
I've come across a couple of Texans that don't seem to be anywhere
near as bad as I've been told they all are.
Eric the 5b, as I recall, is from Texas, and I'm here to tell you,
I've given it a good think over and I don't think he's all bad.
I've tried to account for RC Dean too, and, I'm convinced, he isn't
all bad either. Go figure! ...anyway, I'm startin' to think that
maybe Texas isn't emblematic of everything that's wrong with
America.
...In spite of the Kennedy Assassination, Johnson's escalation of
the Vietnam War, the Great Society, the Patriot Act, the Iraq War
and the so called "music" of Willie Nelson.
...but even for being around--but not part of--the South, Texas
isn't exactly well known for having the most unbiased, straight
forward, straight shootin' law men. I'm sorry, they're just not.
Maybe that reputation's undeserved--maybe they're like freakin'
King Solomon down there and we just don't know it! ...but if that's
the case, please give me a while to adjust my thinkin'.
Even if Texas really isn't as bad as all that, that doesn't mean
that Texas doesn't suck.
P.S. It's impossible to prove a negative with a positive.
After 50-plus comments, H&R threads get treacherous. That
being obvious, has anyone ever thought this?:
If terror is so terrorizing that the US had to declare a war on it,
then the terrrorists have won since 9-11, and I'm a poet who knows
it.
For sure.
"Won since 9-11"
I'll jump in late to say I think we're freer than we were in the 1970s. First, we probably have the same amount of freedom from gov't snooping, a la Dubya -- Nixon was pretty good at that stuff too. Second, we're freer in many ways economically -- marginal tax rates are much lower, and in the 70s we had wage and price controls, for chrissake. We have much more freedom to fuck who we please and enjoy the porn we want. In states like California, we're free to posses small amounts of most illegal drugs without going to prison. We're free to not be drafted, as Matt said, which is no small thing. There are ways in which we are less free, but I think that on the whole we're at least as free, perhaps freer.
Jennifer;
"Since approximately 2002 I have not gone more than two months,
maybe two and a half, without being subject to a warrantless and
baseless search--drunk checkpoints, seatbelt checkpoints, bag
searches and the like. (And I am not even counting airport
experiences in that mix.) Cops stopping me on the road at a
checkpoint and asking "Where are you coming from? Where are you
going? What are you planning to do tonight?" That is not
freedom."
You are exactly right. I ran for office as a Libertarian (Colorado
State House District 53) and one plank of my platform was the
elimination of roadside sobriety checkpoints. Of course I was
characterized by my opponenets as in favor of drunk driving, how
predictable.
I think our police could find drunks better by OBSERVING DRIVING
BEHAVIOR and acting accordingly. If someone is distracted and
swerves into another lane, can't maintain a constant speed within 5
mph, weaves, drives angry, etc., then they are demonstrating
dangerous driving and should be pulled over. If someone just left a
bar or restaraunt after a couple of drinks but is driving OK that
should not be a problem, and they should be left alone.
In another vein, I think that the WOsD is expanding to legal
substances. I just heard a commercial talking about the dangers of
driving under the influence of any subtance, legal or illegal,
prescription, over the counter, etc. I find this truly
disconcerting and wrong.
Texas isn't exactly well known for having the most unbiased,
straight forward, straight shootin' law men
I'm sorry, I've been terribly unreasonable in this thread.
*gets off the horse and puts his ten-gallon hat in his
hands*
I apologize for claiming that Texas was well known for having the
most unbiased, straightforward, "straight-shootin'" law men in the
country.
I apologize for claiming that cops in Texas never, ever harass
drivers.
I apologize for presenting the state of Texas as a libertarian
utopia.
*sighs with the air of deep humility only a cowboy can
muster*
Furthermore, I beg everyone's pardon for claiming that any aspect
of Texas law enforcement might be less intrusive than that aspect
of law enforcement anywhere else in the country. I also beg pardon
for not noticing invisible police roadblocks and checkpoints
blanketing its streets and highways.
Most of all, I beg pardon for not accepting the wisdom of those
who've never set foot in this state on the subject of how Texas
police and citizens interact.
Thank you for your time.
*puts the hat back on, climbs back on the horse, and rides off
into the sunset to the tune of "Happy Trails"*
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