America's Foundational Principles Seem Very Much Focused on Liberty, Not the Creation of a Police State
There's plenty wrong with the presidential memo unleashed last week – "Countering Domestic Terrorism and Organized Political Violence" – seeing as it egregiously conflates support of any kind for liberal groups of any kind with support for domestic terrorism and thereby threatens to criminalize the political activities of half of the country. Jeff Sharlet has a good piece here if you want to take a deeper dive.
I want to focus on one part of the memo in particular, specifically, the premise that "foundational American principles" include "support for law enforcement and border control".
By that, I don't mean I want to get into a fight about backing the blue and open borders and blah blah blah blah blah. That's the rhetorical fight divorced from principles that the Trump administration wants to have because it doesn't have any principles other than the arrogation of power to one Donald J. Trump.
No, I'm talking about focusing for one to three hot minutes on America's actual foundational principles because what the memo is proposing is the creation of a sprawling political retribution machine inside a sprawling police state. It's a scheme so brazen that even one Richard Milhous Nixon would likely be telling this overeager White House to pump the brakes.
As a reminder, the political movement that brought us this plan is the same political movement featuring the don't tread on me/originalist folks. They're the folks who like to show everyone their little pocket Constitutions. And for once I am in agreement with them. Yes, let's crack open those little Constitutions and thumb directly to the Bill of Rights. You want to talk foundational principles? You’ll get no more foundational than those first ten amendments. They're the footings on which the rest of this glorious establishment we call America is built. Let's see what they have to tell us.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
I don't know, guys. I've read from top to bottom, then bottom to top, then started in the middle and worked my way up and then back down again, and I'm still not seeing anything in there about the border. There is quite a bit about law enforcement, but it's all about protections for the people. Like, the whole thing seems designed to protect the people from an arbitrary, cruel government. Like, it's all about freedom of speech and keeping soldiers from crashing at your house and looking through your stuff and the right to a speedy trial and due process and just a straight-up ban on cruel and unusual punishments.
So, I'm looking at this memo and looking at the Bill of Rights, looking at them side by side, looking from one to the other, and I'm starting to think – and I don't know how to say this nicely, so please forgive me, but sometimes you've just got to say the thing that obviously needs to be said because it's so obvious, and the people who should be saying it aren't saying it – that this memo is bullshit.