Those who think that the U.S. Constitution is an
antiquated document with no relevance to modern times
might want to consider how federal officials would
operate in the absence of constitutional restraints. The
best evidence for such a thought experiment exists in
Iraq, where U.S. officials have had the omnipotent power
to run that country for the past year.
Lets keep in mind the primary purposes of our
Constitution and the Bill of Rights: to limit the powers
of federal officials and to protect us, the American
people, from the abuse of power by federal officials. The
Constitution called into existence the federal government
but, at the same time, expressly restricted its powers to
those enumerated within the document. To further clarify
the limited nature of the federal governments
powers, our ancestors ensured the passage of the Bill of
Rights, which expressly restricts federal abrogation of
fundamental rights.
Why were our American ancestors so insistent on such
protections? Because they understood that the biggest
threat to their freedom and well-being was their own
government, despite the fact that its officials were
democratically elected. Our ancestors understood that if
federal powers were not restricted and if fundamental
rights were not expressly guaranteed, U.S. officials,
often with well-meaning zeal, would run roughshod over
the lives, liberty, property, and well-being of the
people.
Some might be tempted to conclude that today no such
restrictions are necessary. Government officials today
can be trusted to do the right thing, they might say. The
federal government is our friend, our provider, our
protector in the wars on poverty, drugs, illiteracy, and
terrorism. Federal officials provide us with our
retirement, health care, education, and food and protect
us from drug dealers, terrorists, entrepreneurs, and
foreigners. It ensures that we are a caring and
compassionate people by taking our money and giving it to
others.
Do we really need a Constitution anymore? Why not simply
free federal officials to do whatever they think is
necessary for our well-being, especially since were
now involved in a perpetual war on terrorism,
a war in which public officials claim that our very lives
indeed, our civilization are at stake?
The answer is simple: We need our Constitution more than
ever because otherwise U.S. officials would do to the
American people exactly what they have been doing to the
people of Iraq for the past year. Which means: closure of
newspapers that criticize the U.S. military; shooting of
peaceful demonstrators; warrantless searches of persons,
homes, and businesses by military forces; gun control and
gun confiscation; indiscriminate roundups of suspected
criminals; indefinite detentions of people suspected of
crimes; no right to counsel; no due process of law, jury
trials, or right to confront witnesses; no right to bail;
no habeas corpus; and, of course, the infliction of cruel
and unusual punishments consisting of sex abuse, torture,
rape, and
even murder.
Dont forget that the Pentagon has held two
Americans, Yaser Hamdi and Jose Padilla, in custody for
some two years, denying them all the rights guaranteed by
the U.S. Constitution and the Bill of Rights. Have you
heard a peep of protest from any member of the U.S.
military? For that matter, how many members of Congress
have protested this abhorrent and tyrannical conduct?
The uncomfortable truth is that all too many federal
officials hold the Constitution and the Bill of Rights in
contempt. Why else did the executive branch set up its
prisoner camp in Cuba if not to be immune from the
constraints of the Constitution and the judgments of U.S.
federal courts? That the U.S. Congress has failed to
condemn that decision is equally shameful.
Given that we now know how U.S. officials rule a country
when they have omnipotent powers, without any
constitutional restraints or guaranteed rights for the
people, we should be thanking our lucky stars for the
wisdom, courage, and foresight of the Framers and our
ancestors. The next time someone ridicules the
Constitution or the rights guaranteed in the Bill of
Rights, ask him whether he would prefer living under U.S.
occupation in Iraq, where no such restraints or
guarantees exist.
Mr. Hornberger is founder and president of The
Future of Freedom Foundation. Send him email.
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