Monday, October 30, 2006

Was Benjamin Franklin right ?


Benjamin Franklin is credited with writing: "Any society that would give up a little liberty to gain a little security will deserve neither and lose both." Is what Benjamin Franklin said still valid today?





MRB:

YES HE WAS

To give up any liberty is a risk but to do it out of fear is a tragedy. Not only that but when a free nation like ours gives up something -- or imposes that loss on select citizens out of our fear -- a great sense of trust must exist between the government and the citizens who elected it.

We have to remember in this argument that we are always giving up tiny pieces of our liberty and freedom. I must stop at red lights and not drive 60 miles per hour through school zones. I can't shout FIRE! in a theater. That's why we have these things called laws and fines and jails to house those people who think they are better than the rest of the citizenry. I'd say being in jail constitutes a loss of freedom, wouldn't you? But I'd also say these restrictions make us feel a little safer. I know they do me, but I trust the system from which they derived. I must because otherwise we'd have anarchy and as pock marked as this system is sometimes I don't see any others (except in my daydreaming fantasies) that work better.

Because we have these annoyances called laws we ALL agree to abide by them. I didn't cast any votes that I can remember giving this administration carte blanch to do whatever it damned well pleased because we have a "war" going on that it can't define what it is, where it's at, and can't agree on just how to "stay the course". Was there a vote taken and I was on break or something? "Just trust me", doesn't work for me anymore ever since I figured out my parents lied to me about Santa Claus.

And so to the fear mongering conservatives out there try to remember this, please. Because there are laws, EVERYONE must follow them or change them legally through due process. The reason I caution you is because some of those very laws at which you scoff may sneak up behind you and bite you in the ass. Someday some of you may need that due process to work for you. Oh, I'm sorry, some of you have needed this irritating 230 year old system. I forgot.

KJW:

LIBERTY OR SECURITY - MUST WE CHOOSE?

We seem to be faced with an unpleasant choice. Are you willing to give up liberty to be safe? This is actually a misleading question since it assumes that we live in a world where liberty and safety are direct trade-offs - that we necessarily become safer when we give up our liberty.

This false choice between safety and liberty has been offered by the Bush Administration to justify its post-9/11 policies that undermine civil liberties. But the PATRIOT Act and related executive branch directives strip away fundamental rights of free speech, privacy and due process without making us any safer.

Consider, for example, Section 215 of the USA PATRIOT Act. It permits the government to seize your records from third parties without telling you, including your library reading lists, your medical and mental health records, your banking information, and your Internet Service Provider records. To make matters worse, Section 215 makes it a crime for the librarian, health care provider, bank or ISP to tell you that your records have been seized.

After a constitutional challenge to Section 215 was filed, former Attorney General John Ashcroft announced that the Justice Department had never actually used Section 215 to seize a library patron's books. This admission, of course, suggests what most of us knew all along: that giving the government access to your reading habits does not make you any safer. Only less free.


The first impulse of the government in all times of crisis is control and coercion. A government unconstrained by law, tradition, or public opinion is nothing short of despotic. Not everything can be justified in the name of punishment, prevention, and safety.

History teaches that in times of national insecurity, there is a tendency to sacrifice Constitutional protections in the name of national security. This is our moment in history. So the next time someone asks you whether you are willing to sacrifice freedom in the name of security, ask them a few questions of your own.

One very important question to ask is - Which rights are we being asked to give up and who decides? WHICH RIGHTS: The Bush Administration has not gone to Congress and asked for certain rights, habeas corpus, or any other rights to be modified or changed. Instead it has merely attempted to expand the power of the Executive branch and implemented clearly unconstitutional policies and programs.

And also remember to ask WHO DECIDES. But when you do just remember that in his own words George W. Bush is THE DECIDER.


There’s never a good time to give up liberty. But when everyone else is calling for despotism to fight despotism, it’s the best time to stand up and say: We will not be moved. We need more, not less, liberty.

EJS:

Ben Franklin is one of the greatest American heroes of all time. He could be credited with the American victory in the Revolutionary War, as it was his diplomatic skills which prompted France to enter the war on our side, thus tipping the scales against the British. But in this matter, I must respectfully disagree with Mr. Franklin. The fact is, Ben Franklin lived in a different time. There is no way he could ever imagine a jet, much less a jet being used as a weapon of mass destruction. Neither him nor the Constitutional delegates could have ever imagined such technology as cell phones, internet, and spy satellites. And thus it is up to us to interpret the Constitution and do the best we can to apply it to today's modern world. The fact remains, Americans have always had to sacrifice some civil liberties during times of war. During the Civil War, Abraham Lincoln suspended habeas corpus until the end of the war in order to detain Confederate agents and not have them fighting against the Union on the battlefield. FDR interned 100,000 Japanese-American during WWII in order to prevent spying from within the United States. They were treated humanely in the camps, and at the conclusion of the war, were released.


What George Bush has done pales in comparison to these examples. The fact is, the wiretapping that is being done by the NSA is extremely focused and not widespread as many media pundits would have you believe. It applies only to known or suspected Al Qaeda agents, and only applies to international calls. No domestic calls are being monitored. Unless you are talking to Uncle Osama in Pakistan, you have nothing to fear. The Constitution is not a suicide pact. In a post-9/11 world, we must use all tools necessary to prevent attacks and protect American citizens here and abroad. Gone are the days when we simply waited to be hit and reacted. Remember, one dirty bomb can really ruin your day.

6 comments:

EJS said...

KJW: You say that the Patriot Act infringes on freedom of speech; how so? Also, where in the Constitution is the guarantee of privacy? The fact remains; the giving up of some liberties during time of war HAS WORKED in the past. The Union was preserved and fascism was defeated. Now you are asking us to reinvent the wheel?!? It doesn't seem to be working up to this point, as we are losing the war in Iraq largely because of the quislings in our governemnt and media. Review your copy of Leviathan by Hobbes, you will find that certain rights and liberties are forfeited when one enters a social contract with government to provide security. Without this, we would resort to a 'state of nature'; in other words, anarchy.

KJW said...

Among The Patriot Act's almost innumerable provisions, the Act reduces judicial oversight of telephone and internet surveillance and grants the FBI almost unlimited, and unchecked, access to business records without requiring it to show even minimal evidence of a crime. The FBI doesn't even need to give the individual time to call an attorney. Failure to immediately comply could result in that person's immediate detainment. The federal government can now require libraries to divulge what books patrons check out, video stores to reveal what tapes customers bought or rented, even grocery and drug stores to disclose what paperbacks shoppers bought.

The effect of the USA Patriot Act upon businesses that loan, rent, or sell books, videos, magazines, and music CDs is not to find and incarcerate terrorists--there are far more ways to investigate threats to the nation than to check on a terrorist's reading and listening habits--but to put a sweeping chilling effect upon Constitutional freedoms. The Act butts against the protections of the First (free speech), Fourth (unreasonable searches), Fifth (right against self-incrimination), and Sixth (due process) amendments.

The argument that the Constitution by its language doesn't provide for a guarantee of privacy is meaningless. There is such a right since our Supreme Court has so held. Many of the rights which we consider today to be inviolate are found nowhere in the constitution. The following items which are quite significant are also not mentioned by the literal language of the Constitution: The Air Force; Congressional Districts; The Electoral College; Executive Order; Executive Privilege; Freedom of Expression;
Innocent until proven guilty; Judicial Review; Jury of Peers; "Life, Liberty and the Pursuit of Happiness"; Marriage; Martial Law; No taxation without representation; Number of Justices in the Supreme Court; "Of the people, by the people, for the people"; Political Parties; Primary Elections; Qualifications for Judges; The right to travel;
The right to vote. Even my ultra conservative colleague will admit to supporting quite a few of those items.

What I object to more than the temporary restriction of liberty in a time of war is this President's attempt to covertly and unilaterally expand the power of the Executive. After it was disclosed that he had taken such steps he asked us to simply trust that he is doing what is necessary to protect us. His administration went on to accuse those that brought to light his unconstitutional actions of being guily of treason. His "you are with us or you are against us" doctrine is the most offensive aspect of all.

Anonymous said...

MRB said "And so to the fear mongering conservatives out there try to remember this, please. Because there are laws, EVERYONE must follow them or change them legally through due process." Hey, I'm a conservative and I don't agree with everything Bush or the Republicans or the Democrats for that matter have done. When it comes to privacy and the people's rights I have become very disgusted. But you have to remember 98 senators (both Democrat and Republican) voted "Yea" for the bill. I don't mind the government watching me as long as there is some oversight. That hasn't happened and since then it has and will be abused. Unfortunately, you can't close Pandora's Box. We will have to see what the next president does.

Anonymous said...

I don't know that we can get back to the strict essense of the Constitution as we have seen more than the Founder Fathers have. However, I think if we let the Constitution just be used as toilet paper, spit on and flushed down the toilet as have so many Presidents in the past have, then we deserve neither safety nor liberty and only the chains of slavery.

Just because Ben Franklin didn't see airplanes or spy satelites or what have you doesn't mean he didn't envision the dangers that might come against our nation, he did see the principalities and powers that were against the forming and development of this nation. George Washington foresaw what would happen to this nation if we removed the Bible and it's teachings and the God of the Bible from our nation. And Al Quaeda is only apart of that vision. He said the teen pregnancy rate would go up exponentially, etc...

I believe Ben Franklin, and the rest knew there would be unforeseen enemies, but they understood the enemy better than we do today. Hence the pirates off the Barbery coast. Thomas Jefferson had to use force against force to bring them down and make them stop. But we have gotten so soft and PC (I hate PC btw) that we need to deal diplomatically with these people, like Al Quaeda and they laugh at us. We must use force when necessary, but not at the expense of our freedoms. The freedoms that we have, have been bought with a high price and we must not give it back to our enemies so easily.

Liberty, Justice and the Pursuit of Happiness is and should be the goal. Not subservience to our government. The government was created for us to use to help us achieve those goals of Liberty, Justice and the Pursuit of Happiness. However it has sought it's own rights and beliefs and monies and left the people far behind in it's dust.

The people have become the enemy of the government of which it needs to protect itself against. And you stated that we are at war with Al Quaeda...Yes we are, but remember who created Osama Bin Laden...We did. During the Russian invasion of Afghanistan. Maybe next time we'll listen to those wise men of old our Fore Fathers that said do not get entangled in treaties or alliances with foreign nations. Only Economically via trade and services should we get involved with other nations. Never with our political relations or views. We should have only one foreign policy and that is through economic and trade relations only.

America should depend upon her own strength through Almighty God and the power and authority given her by Him. And we should be a nation of one language (English), of One God, (God the Father, Jesus Christ and the Holy Spirit, 3 in 1), and one ethnicity and those colors are Red, White and Blue. Not Irish-Americans, African-Americans, Dutch-Americans etc...But Americans. We eat sleep and bleed Red, White and Blue with Christian values and if no one likes it they have another right given them. The right to leave. I like the ideas and statements of Australia...Why didn't we Americans say this and be known for that statement...But Australia is more "American" than most Americans today...The Idea of America.

Unity is what it's all about. If we don't stand together for something then we will fall for everything and we have.

Get rid of the Federal Reserve, Roe vs Wade, IRS, CIA, Council of Foreign Relations, and all other unconstitutional laws, bodies and regulations. All taxes that are not being used to help America smarten-up, and become One nation under God.

Anonymous said...

Just to clarify a small point ... you CAN shout "FIRE!" in a theater. It's just that you then become responsible for whatever happens afterwards.

Anonymous said...

I don't know where you got the idea that we're one people. We started out as a conquering people and destroyed the Native Americans. We didn't give them any rights.

When we became a nation, we had a thriving slave trade. From that culture came jazz and many instruments that are played today. We took food dishes from the slaves and made the our own.

We did that from every culture that has walked ashore - Irish, Dutch, Italians, French, Russian, Japanese - music, language, food - and made them our own.

We did that to the Jews that came over after the war, the Japanese, the Koreans, the Vietnamese, the Chinese.

We are a country of many colors and many religions.

Personally, I don't want to live in the plain white. I like the many colors of our country.

And, what I don't want is to lose whatever freedom any one of us has left - no matter what god they worship, or what color they are.