Freedom shouldn't mean losing rights

In light of the very real threat of more terrorism to come, targeting Western-type institutions around the globe, there is great temptation to simply abandon various rules of law, especially due process, in the name of effective response. Not all that surprisingly, many U.S. citizens are going along with this idea, having long ago abandoned any principled commitment to what due process is all about.

When the bulk of the citizenry is perfectly willing to enlist the government to abandon such legal principles as the right to private property — when the drug war or environmental and similar matters are at stake — why would they stick to these principles in the face of the frightening prospects of terrorism?

Nevertheless, it may still be of interest to some Americans how it would be possible to remain loyal to the distinctively American legal principles of no search without good cause, no arrests without evidence of wrongdoing, no bans on liberty without demonstrating cause, while also managing to be very effective in the fight against terror.

No one can reasonably dispute that it is the role of government in a free society to secure people’s rights. Indeed, that is what governments are supposed to be about, nothing else. And that is just where the answer lies. If a country’s government used its resources for the goal that justifies its existence, namely to provide security to its citizens, instead of squandering the resources on umpteen zillion tasks that are none of its business, there is no reason to think it could not carry out its proper task without compromising its basic legal principles.

If you think about it, this makes eminently good sense. Enormous amounts are spent in the United States for programs that not only have nothing to do with securing our rights but usually do not even manage to be successful. Just take something I have discussed before, that insane and immoral war against drugs.

If even just a portion of the resources, be it money, equipment or personnel, were enlisted in the war on terrorism — including on conducting the war in a way that meets the standards of civilized conduct rather than abandoning them all — how could it not go much better, be far more effective and provide better service to the citizenry than what is going on now?

No, I am not deluded to think that such a policy will soon come to pass. Too many special interests and similarly unprincipled people give support to such so called “public” policies of our government. My purpose is merely to indicate in no uncertain terms that the idea of carrying out the war on terrorism without abandoning the principles of civilized society and law — indeed the very principles that irk our enemies so much because their proper maintenance makes individuals free rather than mere robots regimented by mullahs and tyrants of various types — is by no means silly.

No, we do not need to cave in under pressure. There is no real need to start violating the rights of Americans and others as the government works to provide a secure society. The idea that this need is real is itself a copout. It is a lazy idea, one that rests on the wishful thinking that shortcuts can solve serious problems.

Unfortunately too many people love to eat their cake and have it as well; live in a relatively free country, with their rights properly secured, while also eating up the resources needed to maintain such a country for various projects government has no business undertaking for them. Too many people lack the integrity to uphold a principled political system. Thus there are contradictory objectives they expect government to pursue. And they give themselves explanations such as that, well, life is full of contradictions, nothing could go smoothly, we are all in a fix anyway.

But all of that reminds me of those who refuse to uphold fidelity, integrity, civil conduct and the like in their personal relationships and want to excuse it all by reference to original sin or our conflicted human nature. Yet, when others’ irrational conduct hurts them, then they mercilessly condemn that conduct, just as if it were really quite possible to live a principled life after all.

And it is, only it takes effort and concentration.

Tibor Machan advises Freedom Communications, parent company of this newspaper. E-mail him at

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