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But the Dems are the party of felons, who Jimmy Carter hopes will get a right to vote in all states. In Florida in 2000, the felon vote, if available, would have boosted Gore to a disastrous presidency. Henninger elaborates:
A fair summary of the party's position on civil liberties just now may be found in Sen. Patrick Leahy's remarks after Mr. Bush nominated Samuel Alito to the Supreme Court. "This is a nomination," Sen. Leahy said, "that threatens the fundamental rights and liberties of all Americans now and for generations to come. This president is in the midst of a radical realignment of the powers of the government and its intrusiveness into the private lives of Americans. . . . I am concerned that if confirmed this nominee will further erode the checks and balances that have protected our constitutional rights for more than 200 years."
So a question: Which set of civil liberties do the Democrats have in mind--those that existed in 1791? In 1896? 1942? 1965? 1976? Or now? British Prime Minister Tony Blair put this question bluntly in a speech in California last month: "The threat of global terrorism bent on mass slaughter means traditional civil liberty arguments are not so much wrong, as just made for another age." Which age does Sen. Leahy want to live in?
The Fourth Amendment--affecting the status of warrants, probable cause and surveillance--is an excellent proxy for how we should try to think about shaping a set of laws and legal procedures appropriate to our times.
In a compelling post-9/11 article that every member of Congress involved in this effort should read, "Local Policing After the Terror," Harvard constitutional scholar William J. Stuntz argued in the June 2002 Yale Law Review that an analysis of the Fourth Amendment the past 40 years makes clear that courts have tailored criminal-procedure rules to fit the threat at the time, tightening or relaxing criminal procedures in line with a fall or rise in crime.
After the low-crime '50s, it imposed the exclusionary rule on state courts. In very high-crime 1968, the Warren Court, in Terry v. Ohio, softened the probable cause standard for police street frisks to reasonable suspicion. For 20 years after 1970, the courts enacted various exceptions to the warrant requirement, i.e., allowed warrantless searches.
Here is Justice Sandra Day O'Connor in oral remarks during the stop-and-search Arvizu case argued on Nov. 27, 2001: "We live in perhaps a more dangerous age today than we did when this event took place. . . . The Ninth Circuit opinion seemed to be a little more rigid than . . . common sense would dictate today."
Just over a week ago, the Second Circuit Court upheld a district court ruling in favor of New York City's random subway searches, concluding that the program was a "special need" and "that need is weighty."
The Senate doesn't think so. The Senate is barely able to have a conversation about any of this. At the Judiciary Committee's hearing late last month to discuss Sen. Arlen Specter's bill to revise FISA, Sen. Ted Kennedy submitted that the Bush program wants to override "the core of our democracy" and "we should not yield to that arrogant request." The day before that hearing New York Rep. Jerry Nadler called again for a special counsel to investigate the warrantless wiretap program.
Criminologists will tell you that the reason street crime is down in the U.S. is because of proactive policing methods such as were instituted in New York by Rudy Giuliani and William Bratton. A reactive police force by definition lets crime happen and investigates afterward. Our bitter, give-no-quarter politics is going to leave us with a reactive, uncertain national security apparatus.
Even allowing for election needs, why is it not possible for the congressional Democratic Party and its Amen corner in the punditocracy and blogosphere to overcome their George Bush phobia here? They should allow the creation of a civil-liberties regime that will genuinely (not hopefully) reduce our exposure to the risks now being rolled up by the surveillance and arrests in London.
The foiling of the plot in Britain was a kind of public-policy miracle, a rare chance to rethink. The U.S. could have spent the past week with 4,000 funerals. We would have had calls for measures so stringent and draconian they would make the Bush program look like pattycake. We have none of that. But unless our politics changes, we will.
The Bush Hatred Derangement Syndrome, engendered by the left's "entitlement delirium" in which they fantasize that they "deserve" to be in power because of their self-perceived intelligence---which of course is nothing other than arrogance and pride. And a desire to protect their crime-prone constituencies. And finally an obsession with wiretapping linked to their many borderline-suspicious activities.
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