Are Our Liberties in Peril? (November/December 2001 | Volume: 52, Issue: 8)

Are Our Liberties in Peril?

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Authors: Joshua Zeitz

Historic Era: Era 5: Civil War and Reconstruction (1850-1877)

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November/December 2001 | Volume 52, Issue 8

Almost as soon as the planes struck their targets on September 11, there was renewed debate about a question Americans have grappled with since our country was born: How do we preserve the balance between personal liberty and collective security? There were immediate calls for loosened restraints on vviretapping and tighter controls on the citizenry. We should strengthen our laws,” said Attorney General John Ashcroft, “to increase the ability of the Department of Justice and its component agencies to identify, prevent and punish terrorism.” Which also means, of course, their ability to more easily and closely scrutinize the doings of you and me.

The historian David McCullough, speaking on television after the attack, warned that the coming struggle could “also mean a curtailing…maybe even eviscerating of the open society” we know. Jeffrey Rosen, a senior editor of The New Republic, urged a rejection of the “excessive and ineffective responses of the past,” the sort of “sweeping increases in domestic surveillance that change the character of civic life.” Sen. Joseph Biden, Jr., of Delaware said that “if we alter our basic freedom, our civil liberties, change the way we function as a democratic society, then we will have lost the war before it has begun in earnest. ”

Now that the new century has brought with it a threat as daunting as any the old had to offer, what can the past tell us about how our basic liberties (which are, after all, just that, basic to our national identity) will fare in the trial ahead? And the past answers: Not so well. But there’s more to it. In the longer run they may be enhanced, and even redefined, in ways that expand our ever-evolving notion of what America means.

American history certainly reflects a tendency to curtail civil rights during times of war in the interest of safeguarding freedom over the long term. In the 1860s, Abraham Lincoln suspended habeas corpus throughout vast areas of the Union and ordered the military detention of hundreds of suspected Confederate sympathizers, including 31 members of the Maryland legislature, and an Ohio congressman, Clement Vallandigham. Chief Justice Roger Taney ruled Lincoln’s suspension of the writ unconstitutional. The President ignored the ruling.

Half a century later, President Woodrow Wilson ordered large-scale crackdowns on groups like the Socialist party and the Industrial Workers of the World for opposing the First World War. Many historians believe the mass violation of civil liberties during the war and in the “Red Scare” that followed it accounts for the stifled political atmosphere of the 1920s. The haunting figure of Mac McCreary, a Socialist and Wobbly who is a key personage in John Dos Passos’s U.S.A. trilogy, all but disappears after the first volume. So did American radicalism. For a time.

Certainly the most striking example of this tendency to roll back civil liberties during wartime was the internment of Japanese-American citizens in the early 1940s. It may well be a sign