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Not just for times of peace

by Chris Alexion, Copyright February 06, 2007, all rights reserved. 309 views

Fox's hit show 24 gets some flack (rightfully, I'll admit) for justifying a utilitarian, end-justifies-the-means approach to countering terrorism. Season Four was particularly rife with instances of Jack Bauer torturing suspects and making life-and-death decisions. Yet Season Five saw Jack hesitant to follow through with this utilitarianism; at one point he disobeys a direct order to let civilians die so that CTU can get a lead on the terrorists. Jack saves the civilians (many of which are children) and still ends up saving the day.

Last night's episode showed a remarkable improvement in how the show deals with constitutional issues. President Wayne Palmer, tempted by an "anti-terror" proposal written by a power-hungry advisor, almost gives in and sacrifices Constitutional liberties for the sake of "security." And indeed, the detonation of a nuclear device in Los Angeles is a formidable fear.

But Palmer points out that the Constitution does not only apply during times of peace. He even cites a form of originalism, saying that the founders never meant our freedoms to be put on hold because of the politics of fear. For Palmer, the Bill of Rights is part of what defines America; defending America includes defending these freedoms–or else there's nothing left to protect. In another post I tried to point out that though some sacrifices must be made to fight terrorism, a line remains which we cannot cross. Fighting the "bad guys" only works so long as we're not ourselves the bad guys.

If we get to that point, isn't "security" rather pointless?

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