The System is Failing


While reading slashdot I stumbled onto this particularly insightful comment by a reader responding to the story of the Ohio man that was unlawfully arrested after refusing to provide ID to an officer.  It summarizines many of my thoughts about the dangerous mentality of “if you have nothing to hide…” and “just do what you’re told…”

If the system worked correctly, then either (a) freedoms would gradually increase over time, or (b) the balance of state power vs. personal freedoms would remain roughly steady over time. Because the size and power of the USA government have each continued to increase over time (as measured by several factors, such as: number of laws on the books, degree of privacy of the average citizen, size of the government in terms of percentage of GDP, degree of power wielded by the executive branch today compared to just ten years ago, etc), I would judge that the system is not working as intended by its founders.

It is failing, but because it’s failing gradually and has taken several lifetimes to get this way, each generation grows up used to “the way things are” (Social Security vote-buying, drug asset forfeiture laws that don’t require an arrest or for charges to be brought, warrentless domestic surveillance) and may lament the freedoms lost but do not see the inevitability of the police state. B

Because of the difficulty of a massive takeover and the resistence and uprisings it would cause, freedom is almost never taken away all at once. Instead, it’s eroded gradually, little bit by little tiny bit (always “for the children”, “for your safety”, “to stop terrorists”, “to fight [some] drugs”), which suits the statists because it is never given back, making the resulting police state inevitable.

What you’re really dealing with here is an almost religious, always unstated belief that the artificial construct of the nation, as personified by state power, is like a massive all-powerful organism and the individuals of which it is composed are akin to cells in the body in the sense that any one of them is expendable and insignificant and they only matter in large numbers. This mentality has become deeply established in the USA, which is why in the news, no crime ever happens to a person - it happens to a Black person, or a White person, or an Asian person, or a woman, or a senior citizen, etc because the group identity has become more significant than the individual identity. This is useful for the goal of the statists, since each group has perceived collective interests in large enough numbers to influence the politics of the State. This is how you dehumanize people and turn them into a label, because it’s no longer the mind, body, and soul of an individual who has hopes and dreams and feels pain like you do but just another faceless organization that can only be understood as an abstraction.

Of course you also need to have a war of some kind going on to keep the public in a fearful state, since this is the best way to discourage rational thought and promote a groupthink “pack animal” situation. War on poverty, war on (some) drugs, war on crime, war on terror, war on obesity, etc. are how you get around that pesky Bill of Rights. For example, consider the 4th Amendment, which states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Because of the War on (some) Drugs, it is now considered acceptable for the police to seize property without bothering to arrest anyone or charge them with any crime (reference [isil.org]). Thanks to the War on Terror, it is now considered acceptable for the feds to intercept communications and execute wiretaps without all that hassle of demonstrating probable cause and obtaining a warrant. Both of these practices, along with the entire idea of fighting an undeclared “war” against a battle tactic (terrorism is a particularly despicable form of guerilla warfare), would have been considered absolutely absurd things that would never happen here 100 years ago, but because of the gradual nature of the erosion of freedom this is where we find ourselves.

What the “Fairness Doctrine” will do for the First Amendment I leave as an exercise for the reader.

Historically, this is really nothing new. The only thing unusual about the USA is the extremely strong “can’t happen here, I’m sure our rulers’ intentions are pure” mentality that will make the police state a big surprise for many people when it comes. In Germany, Russia, Italy, and anywhere that a modern police state has arisen, this has been the pattern: subordinate the individual to the group, establish a national enemy (did the world’s most powerful nation catch Osama yet?), create a climate of general fear and uncertainty, and denounce the pacifists for their lack of patriotism (see this [thinkexist.com]). By this pattern, power is abused and rights are gradually taken away by people who sincerely believe in what they are doing, because only by invoking some idea of “the greater good” (as judged by them, of course) can such injustices be excused. So yes, I do believe our system is failing, even though we have already exceeded the life expectancy of a constitutional republic by about fifty years.

Information and Links

Join the fray by commenting, tracking what others have to say, or linking to it from your blog.


Other Posts
Of Marine Language
Google Earth Vacation

Write a Comment

Take a moment to comment and tell us what you think. Some basic HTML is allowed for formatting.




Reader Comments

On a superficial level this argument sounds good, it correctly dissects many of the current problems in our nation. Yet the conclusions of the argument just completely ignores history. I mean just look at recent U.S. history: from the writing of our Constitution, to the freeing of slaves, women suffrage, civil rights, and everything in between. History shows the exact opposite pattern he claims exists. Although periods of backsliding do happen, history consistently shows the ship always seems to right itself and plows forward not backward.

It is sad. I agree with much of what is said here. However tying this argument up with some dystopian “1984” future is absorb. Ironically enough, the poster of this comment is doing the exact same thing he claims to hate. He is using fear; but inside of trying to take away our freedoms, he is trying to do the exact opposite.

But, I ask if the facts are bad enough. Why can’t we just be honest with ourselves and history.

I agree with Midnight, Our freedoms are slowly eroding away. The primary reason is the increasing population. There are too many people. I was fortunate enough to grow up in the times that I walked the city streets alone at eleven years old. We were not afraid to leave our doors unlocked.

This situation will only get worse as more people enter the USA.

@ Jason Yates: to conclude that the argument presented is completely ignorant of history, implies that progression (or regression) is linear, and is entirely fixed to either progress or regress from a certain starting point.

I disagree with this. Our nation and it’s governing body are complex beyond what they can be compared to from civilizations in the past. While it is beneficial to learn from history, and indeed history is best not ignored, it would be equally ignorant of us to become stagnant in our reverance for it. This goes for our OWN history, as well. I’m glad we have come this far. All of what you cited, civil rights movement, the draft of our Constitution, Women’s suffrage, etc., are great things. However, to measure our progression as a society based solely on these things would be a massive injustice to the present issues we face, and the passive nature with which we face them, despite the magnitude.

As for inciting fear, it SHOULD make one fearful of where we’re heading, if the warning signs he’s pointing out are not heeded. To me, this is an observation on his part; hardly to be construed as inciting fear.

Just so I’m clear, when I pointed out the flaw in the linear argument, what I meant is that progression/regression as a society cannot be based on a straight line from a single, fixed point. But rather, a plethora of issues that range and differ in ways that will not allow for them all to be measured by the same tape.

While in many ways we have progressed, both measurably and immeasurably, it is also decidedly evident that we have regressed in many other ways.

Great article. I came from a link to the New York Times.
Indeed, what concerns me is a trend that I could describe as, “Well, we can’t be too careful.”
We can be too careful.
I saw recently that a middle school banned all physical contact between its students. No hugging, no hand holding, even no high fives, although the article did point out that a high five for getting a math problem correct would be acceptable.
But the principal said no hand holding was allowed because of “shades of gray.”
“The kids say, ‘If he can high-five, then I can do this,’” the principal explained.
And I see this again, and again, and again, where otherwise rational, thinking Americans seem to throw up their hands and claim that it’s just too difficult to make a distinction, and because of that, they need to draw the line at the most Draconian level possible.
And for obvious reasons, that concerns me. I think it should concern all of us.

Thank you for your clear explanation of how rights are lost in a functioning democracy, not with a bang but a whimper. Your picture of how that can happen in the U.S. of A. is worth teaching in history classes in high school and college. I am not paranoid to the degree that I believe we are spiraling into a fascist state, I see examples at various levels of government where people are speaking out and changing things.

That being said, we all need to acknowldege the fact that your picture of how WE can move from a free country to a totalitarian one is worth examining. I think the key element is not just the fear that you speak of but also distrust. Once we stop trusting those who we elect, or the institutions of power, then it is a short step to believing we should control them more. That distrust of the press and Congress is what is behind Cheney and Rove’s desire to put more power in the executive branch.

I am not saying that we should all just trust anyone. But neither should we simply allow ourselves to fall into a default state of cynicism and distrust.

About the only way I can maintain trust anymore is by personally involving myself in politics, with the newspaper, with the local schools, etc. I find that all of these institutions are made up of individuals, and somehow getting to know these individuals does two things: gives me a bit more faith in them so long as they do not lie to me, and secondly they have contact with another citizen that makes it harder for them to lie.

Again I say do not think I am naive. I have followed this process at various levels and have had to give up on people numerous times. But I have also found that creating personal bonds can have an effect, first on the individuals and then to some degree on the institutions.

I guess the bottom line is to just get involved. Institutions do not change quickly, nor do people. But they can change, they have in the past and they can in the future. Get involved and quit bitching.

Just a little clarification on my previous post. When I say “…quit bitching” that is not directed at either this author or anyone in particular. It is directed at those who whine and complain about how things are terrible, but do not do anything participatory to change things. Every level of government needs citizen participation, and even privately owned institutions can have pressure put on them by citizens. It just takes more than complaining to get things done.

It’s quickly approaching a full year since I returned from Iraq, but it really doesn’t seem that long ago. However, the calendar doesn’t lie, and the end of August will mark the day in 2006 when I reunited with my wife, Tiger!!!

Ever notice that after you leave active duty and start looking around, you wonder how stuff got like this while you were ‘in’?

There outta be a rule that says you cannot read Ayn Rand for at least a year after you get home. But now that you have broken that one, go read “Capitalism, The Unknown Ideal”, and the rest of her non-fiction stuff.

Then, next time you have a free couple of days, driven down to Auburn and visit the Mises Institute.

It looks like you are ready to try and figure out what its all about. But caution ahead … you may not like what you find.

Want to run against Bud? He could use some competition - lordy we could use some fresh ideas in Congress.

I like your site. Well done!
Great execution on a great idea.