Monday, November 22, 2004

Huh?

Where in the Constitution does it say that racial profiling is illegal? This isn't a Constitutional argument, it is a policy argument.

And what does it mean "you can't mess with the constitution?" The constitution is a living document - one that changes both in wording through amendments and interpretation by judges. There isn't some core constitution that everyone agrees upon - that is why we have a supreme court.

Also, I fail to see how complaints of McCarthyism addresses the terror issue. I think we ought to investigate and track radical Islamic groups...and that is way more McCarthyistic than profiling on airplanes. I don't think radicals should be blacklisted and not allowed to work, but I also don't think they should be allowed to enroll in flight schools. The problem with McCarthyism is that McCarthy used scare tactics to blacklist those who weren't organizing to overthrow the US government - he ruined lives and cause a climate of fear for people in the creative industry who had explored Communism. Also, he forced people to name names or threatened them with prosecution. An argument for profiling can be made that does not involve people losing their jobs or in any way having their fundamental rights stripped from them. It is can simply be a matter of inconvenience of being double checked at the airplane. There is a big difference between having your job and livelihood stripped from you or locked in an internment camp than being double checked at an airline. And don't pull the slippery slope argument, because no single policy necessitates another. Because one is in favor of profiling Muslim males in airport security does not mean one supports Muslim internment camps.

In speaking of the Constitution, you mention equality. But the core Constitutional question going all the way back to the Federalist Papers, is the balance between equality and liberty. We believe in equal opportunity, but not at the expense of liberty. This has been upheld time and time again - it is the reason why people are allowed to inheret and pass down their money to their children...how is it "equal" that some are born rich and others poor? It is not. But you can't take away the rights of people to spend their money how they want. If they choose to pass it on to their children, it is their right.

And the issue of "living without terror," is an issue of liberty. The very meaning of liberty is to live with constriction or control...you liken the airline security issue to McCarthyism. I would argue the other way - McCarthy terrorized people for thought. The tactics used by McCarthy were fear whereas what should have been happening is debate.

Now look at today. Terror groups are again using fear to get us to change our policies - what they ought to be using is debate. Unfortunately, we cannot vote out terrorists from office, although that would be nice.

No comments: