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elfsSince the founding of America, the courts and popular opinion have held "of course there are exceptions" to the clear language in the Bill of Rights.
The most significant, because it was first, was obscenity. It was popularly understood that certain forms of pornographic speech were so unacceptable that, despite the clear language of the Bill of Rights, restricting the printing and publishing of pornography was on obviously available restriction.
Because there are "universally popular exceptions to the clear language," all it takes is a slow, steady accumulation of universally popular exceptions. "Of course the first amendment allows for a free press, except when national security is at stake." "Of course the right to speed trial is important, but not when the country is broke." "Of course you may not be subjected to cruel and unusual punishment, but waterboarding isn't cruel or unusual because it leaves no permanent marks." "Of course you have a right to be secure in your person and property, but that doesn't mean we can't watch from above and within with advanced technology. You have nothing to hide, right? Right?"
Watching the Republican debates last night, especially listening to the audience, it occurred to me that the Overton window was not dragged rightwards so much as downwards: toward an authoritarianism where Americans surrender most of their rights because they're just tired of the responsibility.
The most significant, because it was first, was obscenity. It was popularly understood that certain forms of pornographic speech were so unacceptable that, despite the clear language of the Bill of Rights, restricting the printing and publishing of pornography was on obviously available restriction.
Because there are "universally popular exceptions to the clear language," all it takes is a slow, steady accumulation of universally popular exceptions. "Of course the first amendment allows for a free press, except when national security is at stake." "Of course the right to speed trial is important, but not when the country is broke." "Of course you may not be subjected to cruel and unusual punishment, but waterboarding isn't cruel or unusual because it leaves no permanent marks." "Of course you have a right to be secure in your person and property, but that doesn't mean we can't watch from above and within with advanced technology. You have nothing to hide, right? Right?"
Watching the Republican debates last night, especially listening to the audience, it occurred to me that the Overton window was not dragged rightwards so much as downwards: toward an authoritarianism where Americans surrender most of their rights because they're just tired of the responsibility.
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Yes, obviously a new problem
Date: 2011-12-17 02:35 am (UTC)And I'm sure that any good Republican would be happy to enumerate "popular exceptions to the clear language" of the Constitution that have been forced on us all by various Democratic (that is, progressive (that is, collectivist)) politicians in the past.
This isn't a right-vs-left thing. It's a collectivist-vs-libertarian thing.
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