Vol. II, No. 3: 1. Liberty vs. Security: The Constitution in Times of Crisis, Introduction

Liberty vs. Security:
The Constitution in Times of Crisis
Introduction
Lou Colasanti, Editor

Unlimited detention without arraignment. ... Eavesdropping on lawyer-client and internet communications. ... Secret trials with no right of appeal. These are only a few examples of how constitutional rights and civil liberties are being tested in the wake of the September 11th attacks.

On the one side, proponents of these measures argue that these steps are necessary to effectively fight terrorism and "protect the lives of Americans." In addition, they hold that the steps are within the constitutional rights of the Congress and the President and, moreover, that there are sufficient historical precedents for them.

On the other side are those who criticize the either legislation already passed or pending, or the administration's plans for additional measures ... or all of the above. Some, of course, are critics of the administration or Congress in general. But there are more, many more, whose uneasiness stems from more fundamental questions -- about the very nature of constitutional rights and protections, about whether there can be constitutionally valid arguments for suspending the Bill of Rights, and, even for those who argue that there are, about the due process that ought to be followed when constitutionally defined rights and civil liberties are curtailed or suspended.

In light of these events, DownStreet is publishing a series of articles under the title of The Constitution in Times of Crisis. In them, we aim to provide both information on and a forum for discussion of those constitutional issues that arise, whether as a direct or an indirect result of the September 11th attacks and the subsequent War on Terrorism.

In the days and weeks immediately following the attacks, many who were opposed to at least some of the provisions of then-pending legislation or other proposals had grown fond of quoting Ben Franklin: "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." He wrote those words as part of his Historical Review of Pennsylvania in 1759, nearly 30 years before there was a U.S. Constitution. But his words aptly frame the conflict that we face.

These are just a few of the questions America now faces as it tries to grapple with the events of September 11th and their implications for our freedom, our security, and our future.

In the spirit of honest information and open debate, then, we begin this series on The Constitution in Times of Crisis with a few additional quotes from Ben Franklin that may also have some bearing on the current situation.

******* Preliminary Thoughts *******
from the Pen of Ben Franklin

.
There is no little enemy. ...
Poor Richard's Almanack. Sept. 1733

Necessity never made a good bargain.
Ibid. April 1735

Three may keep a secret,
if two of them are dead. ...
Ibid. July 1735

Experience keeps a dear school,
but fools will learn in no other.
Ibid. Dec. 1743

He that's secure is not safe.
Ibid. Aug. 1748

The cat in gloves catches no mice.
Ibid. Feb. 1754

A little neglect may breed great mischief ...
for want of a nail the shoe was lost; for
want of a shoe the horse was lost; and for
want of a horse the rider was lost.
Preface: Courteous Reader, 1758

Our new Constitution is now established, and
has an appearance that promises permanency;
but in this world nothing can be said to be certain,
except death and taxes.
Letter to Jean-Baptiste LeRoy, Nov. 13th 1789

Like a man traveling in foggy weather,
those at some distance before him on
the road he sees wrapped up in the fog,
as well as those behind him, and also the
people in the fields on each side, but near
him all appears clear, though in truth he
is as much in the fog as any of them.
from the Autobiography, pub'd in 1868

What vast additions to the conveniences and com-
forts of living might mankind have acquired, if the
money spent in wars had been employed in works
of public utility; what an extension of agriculture even
to the tops of our mountains; what rivers rendered
navigable, or joined by canals; what bridges, acque-
ducts, new roads, and other public works, edifices,
and improvements . . . might not have been obtained
by spending those millions in doing good, which in the
last war have been spent in doing mischief.
from the Complete Works, Vol. 8

and finally ... this gem:

******* *******

While in Philadelphia once, a Mrs. Powell asked Franklin,
"Well Doctor, what have we got, a republic or a monarchy?"
"A republic," replied Franklin. "If you can keep it."
after the diary of James McHenry, aide to Geo. Washington
published in the American Historical Review, XI, 618 [1906]

Ed. Note: Slowly it seems, though initially without the intention, ever since the events of September 11th, Puzzling Evidence has migrated from a somewhat lighthearted look at goings on in the world to more serious content. It may seem to some that this is not the place for such things, or, if it is, then the title should change. But we here at DownStreet think that it is both the time and the place ... and that the title, however strange it might seem, should remain. Just as we included the piece by Shamms Mortier in last month's This Month's Puzzle because it seemed to us to present a conundrum, albeit a serious one, so too we think that this kickoff of our series on The Constitution in Times of Crisis presents us all with a 'puzzle' -- the need to find the appropriate balance between liberty and security that has become the framework of the laws passed and other measures taken to fight terrorism, and of the critical responses that emerged to challenge them. In that light, se sincerely hope that no one takes offense -- either at the change in this section of the magazine, nor of our inclusion of content related to such important issues in it.
Lou Colasanti, Editor
DownStreet Magazine

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