Standing Up against the “Patriot Act”

26 May 2011, 1544 EDT

It’s great to see a few of our elected representatives fighting back against the Democratic and Republican leadership’s attempt to renew the Patriot Act for another four years without amendment or even debate.  
I highly recommend reading a few of the statements and speeches by the handful of Congress people brave enough to stand up against the leadership of both parties.  Here is one of Republican Senator Rand Paul’s speeches from a few days ago.  Here is John Tester.  And here is Democratic Senator Tom Udall.  They make many telling points about the Patriot Act’s gutting of the U.S. Constitution, particularly the Fourth Amendment–and the lack of meaningful debate that America has had about this. 
Their bold effort may be futile given the powerful political and economic forces behind continuation of the Patriot Act’s invasions of all Americans’ privacy and rights (not to mention the broad foreign policy effects).  But the attempt is worth paying attention to.
 For one thing, it is one of the most important issues facing our country.  Over the last 10 years, we have traded freedom after freedom for the illusion of “security” and the enrichment of the “homeland security” industry.  Even 10 years after 9/11, political leaders continue to use fear to empower the government, intelligence and military institutions.  Those tactics help generate the “I don’t care” or “I have nothing to hide” attitudes that too many Americans claim to have–but which, with a bit of probing and debate, often fall away. 
What is particularly sad is that both mainstream Democrats and Republicans avidly support these incursions on American liberties and stoke the fear-mongering.  Party loyalty—what Glenn Greenwald rightly calls “tribalism” by both sides–prevents all but the “fringes” of the parties from fighting back.  Yet just a bit of long-term thinking should make even hardcore loyalists think twice:  It is inevitable that the “other side” will hold the reins of power again soon.  Yet, for instance, Democrats servile to the Obama administration, think not about what might happen if Sarah Palin or Michelle Bachman became President—and wield these very same instruments of government.
Taking a more optimistic view, another reason to pay attention is that this might, just might, be one of the early signs of an eventual ebb in attacks on Constitutional freedoms in the name of homeland security.  It’s true of course that these efforts to debate the Patriot Act are receiving relatively little coverage in the mainstream press.  It’s also true that the coverage is often biased.  The New York Times’ backpage story for instance headlines that the delay in reauthorizing the Patriot Act “could hinder investigators.”  Shudders!  Those always trustworthy government agents won’t be able to read our emails, listen to our phone calls, and monitor our financial transactions without warrants.  We face grave peril!  The Times’ headline could just as easily have read that the delay will restore Constitutional liberties. 
But possibly, just possibly, the pendulum will begin to swing back.  If it does, it appears this will require an unusual coalition of libertarian politicians on left and right to fight the establishments of both parties.

Taking some time to understand what’s happening in Congress now—and to support debate about the Patriot Act—can only help.  Maybe someday this blot on our Constitution will actually be repealed.