MTZehvor said:
Some would argue that taxes fall into the exact same category. Here's the real difference, though, and since we're talking about inalienable rights, it's fittingly enough found in the Bill of Rights. One of these two issues (taxation) is expressly allowed in the Constitution. "The Congress shall have the power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense." Taxes are explicity mentioned in the Constitution as part of Congress' power. Now let's look at the issue at hand. The fourth amendment follows: "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." Obviously, this is more than a little vague, but the key phrase that I think expressly goes against the idea of nation wide wiretapping is "the right of the people to be secure in their persons, houses, papers, and effects." I'm don't know about you, but I would have a hard time feeling secure about anything if I knew that someone was listening in on everything I said. I've yet to hear any sort of decent argument that would show how anyone could feel secure like that. One could also argue that "searches" would also expand to telephones as well, but that's a drawn out debate that really doesn't accomplish much more at this point. In summary: on one hand, we have a power that the government is explicity given. On the other, we have a power which the Bill of Rights strongly suggests is forbidden to the government. I think there's a clear distinction to be made here. If we had been born in a country that states "the government has the ability to watch you at all times," then perhaps an argument could be made. However, we have not, and in that regard, I believe the entire basis behind your argument falls to pieces. |
I agree that there is a clear difference constitionally, your interpretation is certainly correct there.
But I don't think the objections mainly stem from whether surveillance is constitutional or not, it's got to do with something else. Yes, there are certainly also exists many people who honestly value the constitution highly but I doubt they're the majority, and either way, let's forget them for a moment.
IMO the constitution, at least if the founding fathers would have had the ability to see 200 years into the future, could just as well have included a paragraph about the rights of the government to survey its citiziens in the name of the greater good, to prevent future threats and crime.
So let's assume that for a moment. The constitutional basis for taxation (and all the other infringements on personal freedoms) as well as government surveillance are constitionally equally strong. What would then be the principal difference? That's what I am interested in.
To me it seems liberals and socialists think taxation is an obvious and fundamental principle of the state, whereas surveillance and other measures to combat crime in general are questionable at best. I'd like to know why.







