The Tyranny of Solutions

Townhall.com ^ | January 14, 2013 | Shawn Mitchell

[Kaslin]

Sinclair Lewis was so 20th Century.

Progressives have effectively burnt the cross and the flag already. Thus, old-style patriotism and religiosity can’t even win elections in heartland states- just ask Senators Akin and Mourdoch.

No, that’s not where the threat festers. When tyranny comes to America, it will be advanced by earnest public officials, enforcing intrusive rules declared necessary to stamp out social problems and purify us of bad consumer choices. The oppression generally will be applauded by elites and educated people. Whether or not it prevails and becomes the new normal depends on the rest of us, our outrage, and the effectiveness and staying power of our response.

But, those folks who are anxiously monitoring Washington and a president who ill-conceals that, to him, the Constitution presents more of an obstacle than a genius bulwark for freedom, might be missing an important point. Yes, Washington is out of control. For liberty to prevail, it must be confronted, restrained, and redirected. But, so too, our local authorities and institutions can trample our liberties, our privacy, and our domestic tranquility.

Law students learn an aphorism about the development of law: Hard cases make bad law. An incident or two last year in my home state of Colorado illustrate the point: hard circumstances invite bad decisions and establish bad precedents. Citizens can be almost powerless to respond.

First incident: a bank robbery in Aurora, a suburb of Denver, caused a gunpoint lockdown, hand cuffing, and mass detention of dozens of commuters yanked from 40 vehicles, based only on a phone tip that the robber might be at a particular intersection. There was no description of the robber or the vehicle, so police drew their weapons and detained the occupants of 40 vehicles stopped at the light. Police held the detainees for two hours.

In the last vehicle they searched, police found loaded guns and apprehended their man.

Second, in a horrific abduction-slaying, a middle school girl vanished on her way to school in a western suburb of Denver. The local news and news-watching public were consumed with her disappearance and unknown fate. The state and nation mourned when an arrest was made, confession obtained, and the victim’s body recovered.

What was less reported was that police had canvassed door to door and with zero basis, they pressured homeowners to submit to aggressive searches. A friend lives in the neighborhood and reports that police and FBI came to her home, demanded entry, were brusque and insistent about her refusal, returned another day, and unpleasantly warned her they would not be as pleasant when they came back yet again. The case was closed before that happened. Other homeowners who allowed entry reported their homes disturbed, dressers, papers, appliances, and effects probed, rifled through, scattered, and left amiss.

Any decent person is pleased a bank robber was apprehended and anguished that a little girl perished. They would do anything they could to help satisfactory outcomes in either case. But any thoughtful citizen has to be troubled about the broad net local officials cast, and the inversion of traditional American principles of justice: probable cause, particularized suspicion, a reasonable basis to question—these were not the guiding lights of the operations.

The overreach in both cases (I assert it was such) is troubling and challenging for various reasons: it stemmed from powerful public need, in causes we all support. Yet, for those affected, it reversed the normal relationship between citizen and state: innocent motorists with no indication of guilt or involvement were detained, cuffed, guns aimed at them; homeowners were pressured and intimidated to accept entry and search. If they refused, they were left in doubt and threat about the next “visit;” if they agreed, their home was violated and upheaved, and not restored.

The bedrock idea that law enforcement operates within certain standards and limits, and that citizens are protected by certain powerful barriers on state action is fading. It’s being replaced by the thought that solving the case is more important than the safeguards and liberty of innocent people.

Most troubling to me is a lack of an effective venue or mechanism to hold the officials accountable—and to press for reformed policies and standards for decision-making It is my unscientific sense that a strong majority of citizens disapprove these tactics. When I posted my criticism on a social network the responses (not politically representative of all of society, I concede) were about 90% against, 10% in favor.

But, we hold or voice our opinions ineffectually, or with hesitation. First, everyone understands the urgency and benevolence of the motives of the responsible authorities in such exigent cases. Second, in a busy world with headlines and issues stretched all the way from existential global clashes and DC policy standoffs, to pressing work concerns, and delicate parent teacher conferences, there is limited time, knowledge, and drive to go after every important thing. Third, public officials and public bodies command the high ground. They enjoy concerted information, decision-making, and execution. Engaged citizens may as well be the only person who called to express concerns about a particular incident, so far as they know.

When the next crisis incident hits, authorities will make the decisions they feel pressure to make, to do their job. Whether it turns out well or badly, a lot of citizens may feel unease. But the ratchet will turn another notch.

And the security of our homes, persons, papers and effects will be a little less sacred by the day.

[Yosemitest]

You cannot protect life, without the ability to take life.

While you are WAITING for the police to respond, someone could be losing their life.
All people of a responsible age should be armed.

As EternalVigilance reminded us:

The Second Amendment IS Pro-Life.

"Among the natural rights of the Colonists are these:
First, a right to life;
Secondly, to liberty;
Thirdly, to property;
together with the right to support and defend them in the best manner they can.
These are evident branches of, rather than deductions from, the duty of self-preservation,
commonly called the first law of nature...
In short, it is the greatest absurdity to suppose it in the power of one, or any number of men, at the entering into society,
to renounce their essential natural rights, or the means of preserving those rights;
when the grand end of civil government, from the very nature of its institution, is for the support, protection, and defence of those very rights;
the principal of which, as is before observed, are Life, Liberty, and Property.
If men, through fear, fraud, or mistake, should in terms renounce or give up any essential natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation.
The right to freedom being the gift of God Almighty,
it is not in the power of man to alienate this gift
and voluntarily become a slave."




-- Samuel Adams, The Rights of the Colonists

Click here to read the 12 page pamphlet.

Let us NEVER FORGET THAT !

[Graybeard58]

No reason to think it will ever happen to me but if I'm ever asked to submit to a polygraph or give a D.N.A. sample, I will "lawyer up" immediately. The only way to protect our rights is to exercise them.

I have owned only one gun for years, reasoning that it's sufficient for home protection, it's a .38/.357, 7 shot revolver. It's still enough in my opinion (For me) but I'm seriously considering adding a few more guns - exercising my rights thing.

[T-Bird45]

I like the article title and would supplement a parallel concept: the tyranny of good intentions.

[HogsBreath]

What has happened to the biggest right of all...the right to be left the hell alone!

[circlecity]

And we have entered an era where many, many people hate what is going on but believe it they speak out or take any public stance their own government will fall upon them and crush them. A not unfounded fear.

[FreedomPoster]

I wish this otherwise excellent piece didn’t start by referencing Akin and Mourdoch. Those guys lost by making stupid statements on the campaign trail, not because they were religious patriots.

[bert]

Fear is a problem but not as bad as laziness and apathy. Free Republic is the generic example proving the rule.

[Truth29]

It is still timeless good advice: Never admit authorities to you home or property without a warrant. They are not your friends. No matter what their stated reason, demand a warrant.

[driftless2]

You’re talking about “unreasonable search and seizure” the phrase contained in the 4th amendment. That’s the $64,000 question. I’m afraid in certain instances, as the traffic stop, some of that is necessary. The corollary to that is if the cops allowed the crook to get away and he committed more crimes. I agree the authorities step over the line a little too much, but it depends on the situation. I don’t believe police have carte blanche to go into anyone’s home without a good reason meaning there has to be imminent and groos peril to the public at large for massive home invasions. It’s a fine line.

[driftless2]

that’s GROSS peril...not groos peril.

[Ray76]

What an outstanding find.

Thank you.

[Yosemitest]

You're welcome.
Pass it along, and wake up some useful idiots.