I love New York. So much so that some have called me obsessed. It would come as a surprise to many of them that my love for the city is equaled by a love of another inanimate object: the U.S. Constitution.
I am particularly fond of the Bill of Rights, as it guarantees the civil liberties that I hold near and dear to my heart. I bear this in mind as I read and reread Ben Franklin’s famous quotation: “They that would give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
To say that I am disturbed by the new security measures implemented by the NYPD to thwart terrorists would be a gross understatement.
New York City’s decision to randomly search subway riders has prompted cries of “That’s unconstitutional” from some members of society, while others are pressing for racial profiling in lieu of random searches. Still, others sit idly by and hand over their bags and backpacks upon request.
Have we reached a time when it is too much to ask that we preserve the basic liberties enumerated in the Constitutional amendments? The recent threat to subway security in New York City has brought this subject back to the forefront.
The NYPD has made it clear that anyone who does not wish to submit to a search has the right to turn around and leave the station instead of undergoing the search.
However, this calls into question the effectiveness of the searches. I suspect that only people with nothing to hide will be submitting to these searches. The people with drugs, concealed weapons or bombs will likely turn on their heels to try their luck at other stations. Meanwhile the innocents will be submitting to these searches and becoming increasingly accustomed to the idea of search without probable cause, or any cause for that matter. All in exchange for a little peace of mind.
For the sake of argument, imagine that the police apprehend a suicide bomber; what happens then? Hint: the clue is in the title suicide bomber.
Yet the thing that is most disturbing about this latest anti-terrorism tool is that the burden of proof is on the citizen. With respect to the subway searches, we are now presumed guilty until proven otherwise. It doesn’t take a genius to follow the natural progression of thought and wonder what is next. How long will it be before this overruling of Constitutional rights is applied to all judicial matters?
A new security measure is expected to pass two litmus tests: (1) it must be proven to be effective; (2) it must not violate Constitutional rights. These random searches fail on both counts.
Americans are becoming increasingly comfortable with the idea of forgoing essential liberties in order to gain security. This is a dangerous path to travel down. I for one have as much fear of government as I do of terrorists. How can we rely on the government to protect us from terrorists if we cannot rely on the Constitution to protect us from the government?
Patrick Henry said it best: “Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!”