Unfettered Government Power and Loss of Civil Rights



Throughout history human beings have shown a greed for power which comes at the expense of others. The instinctive human greed for unfettered power dictates that rights must be removed from some and redistributed to others, that rights can only be enjoyed by one at the expense of another. The concept of slavery is based on this model. Federalism, for instance, operated in a hierarchy in which the largest and lowest class of people had practically no rights. As each successive upward layer or class became smaller in size, rights were conceded upward, so that the single person at the top--prince, archbishop, king--a dictator--ended up with everybody else's rights in the realm. 

This is where humans have a propensity to run amok, and escaping from such tyranny is where the American system of justice is rooted. America was founded based on principles promising true justice for all citizens. Our forefathers were escaping the autocratic tyrannical justice systems of Europe. Things like the infamous "Star Chamber," where beginning with the realm of Henry VIII the Star Chamber was arbitrarily used to punish those who were disfavored by the King. This was how the King avoided the rights previously granted nearly 800 years ago in the Magna Carta. 

Based on the English model established by the Magna Carta, and to avoid the later abuses of rights established by that document, America's Founding Fathers believed that the only guarantee for one's own rights is the concession of those same rights to one's neighbors. Guarding one's neighbors' rights is required for our system to survive, because one's own rights ultimately depends on one's neighbor also maintaining his rights. Our system depends on equal standing before the law. To prevent the tyrannical abuses of Europe, our forefathers made statements like: Innocent until proven guilty beyond a reasonable doubt; a man's home is his castle; better a hundred guilty men go free than one innocent man be convicted. They put provisions in the Constitution and Bill of Rights to guarantee these and many other principles. 

However, something has gone wrong. The media recently reported one out of every thirty-two people in the United States is either incarcerated or on probation or parole. Consistently we read about another prisoner, who should never have been convicted in the first place, being freed after many years in prison by some sort of new evidence that exonerates him. There have been many freed through DNA testing, some from evidence illegally suppressed by overzealous prosecutors, but all of this showing that the system of justice designed by our forefathers no longer functions as designed. 

It is now up to the American people to pay attention to what their government is doing to ensure all Americans retain their basic civil rights. History contains many lessons we should heed. The Spanish Inquisition, and more recently the Holocaust for example. Those in power manipulate the populous to hate a particular class of citizens who then become sub-citizens. To divert from their real agenda or problems, they blame all of societies woes on this now most hated group of sub-citizens. The Nazi manipulation of hatred being directed to the Jews is a classic example. This manipulated hatred became so intense and convincing that the average German citizen, along with most of the rest of the world, simply turned their heads the other way and ignored what evolved into genocide. 

Once this type of pattern is firmly established it is always expanded upon. The question becomes who or what group is next to be singled out as undesirable. It could be you! If you don't protect other's rights, yours could be taken next. Acquiescing to wrongs of any kind seems to be a common human trait, providing it doesn't affect the person at the time. This problem of saying nothing was well pointed out in the famous quote made by the Protestant theologian, the Reverend Martin Niemueller, a Pastor in the German Confessing Church. Reverend Niemueller was thrown into the Dachau Concentration Camp by Hitler's Nazi regime during World War Two. He later stated in this now famous quote: 

"First they came for the Communist and I did not speak out--because I was not a communist.

Then they came for the Socialist and I did not speak out--because I was not a socialist.

Then they came for the Trade Unionist and I did not speak out--because I was not a Trade Unionist.

Then they came for the Jews and I did not speak out--because I was not a Jew.

Then they came for me, and there was no one left to speak out for me.
 

It couldn't be said better. Until a person, or their family, becomes involved in the justice system, the typical person is unconcerned with civil rights. The Patriot Act has given unfettered power to our Executive Branch of government under the guise of fighting terrorism. America is now doing what the Nazis did: We incarcerate undesirables without trial and hold them incommunicado by calling them terrorists. Actions that we have historically condemned other countries for doing. When a German Minister correctly reminded America that this was little different than the methods used by the Nazis, our Executive Branch mounted a political campaign of righteous indignation that resulted in the German Minister resigning under pressure. No free speech there! 

Again the question arises: who is next? The search and surveillance methods are reminiscent of George Orwell's "Big Brother." How long will it take to expand these tactics beyond terrorists to the next despised group--the common criminal for instance. From there it's only a small step from including everyone. The government is already nibbling away at expansion by requesting certain types of criminals should fall within the scope of their new powers. 

How many have seen the Steven Speilberg movie "Minority Report" staring Tom Cruise? The basic premise of the story has psychics predicting a citizen will commit a future crime. The government then sends a special team to arrest and incarcerate the person so he will be unable to commit this future crime. Sounds pretty far-fetched? Think again! Nineteen states have been incarcerating a most hated group, sex offenders, since 1995 using this same premise under civil commitment schemes. There the government utilizes psychologists to predict the possibility of future crimes. Since everyone knows that no one can truly predict the future the present scheme of using psychologists for future crime predictions is no different than the psychics used in the Minority Report story. Only this is not fantasy--it is reality--it is happening right now. 

Similarly, this rationale is no different than the government incarcerating Japanese Americans in the Internment Camps during World War Two. Following the attack on Pearl Harbor, the Japanese became a most hated group, so Americans punished as many of them as they could get a hold of by locking them in the Internment Camps. This was done with total disregard to these peoples' loyalties as multi-generation Americans who had been good citizens. They were, nevertheless, locked-up under the guise of possible future crimes against the United States. 

The government has its proverbial foot in the door on several fronts that threaten our basic system. The Federal Executive Branch continues to ask for more power, much the same as Governor Gray Davis does in California. We must be very careful as this sort of unfettered power is a step towards a totalitarian concentration of power in the executive. A system with an inherent tendency towards tyrannical actions. 

Those who say nothing risk themselves or a member of their family being next. 


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