Balancing National Security and Constitutional Rights

Balancing National Security and Constitutional Rights

On September 11, 2001, the United States experienced one of the most devastating terrorist attacks in its history. The event left nearly 3,000 people dead, countless lives changed, and a nation in mourning. From the ashes of the World Trade Center, the Pentagon, and the fields of Pennsylvania, America emerged with a sense of unity, but also with deep questions about security, freedom, and the role of government. For some, this attack left critical questions about how to balance national security with the rights and liberties of the American people.

A Constitutional Crisis or Necessary Government Response?

The U.S. Constitution, as framed by the Founding Fathers, was designed to protect the liberty of the people while keeping government power in check. In the aftermath of 9/11, the government enacted a range of new measures aimed at preventing future attacks, most notably the Patriot Act. For many, this law symbolized the government taking swift and necessary action to protect the nation. However, for others, this response raises red flags.

The Patriot Act allowed for expanded surveillance powers, warrantless searches, and increased governmental authority over communications. The U.S. Constitution was written to limit government and to protect the people from tyrannical policies that would infringe upon individual rights—such as the Fourth Amendment’s protection against unreasonable searches.

The Founders designed the Constitution to prevent the concentration of power in the hands of any one branch or institution. In times of crisis, the temptation is strong to relinquish liberty for the promise of safety. But as Benjamin Franklin famously said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

National Security and Eternal Vigilance

In The 5000 Year Leap, W. Cleon Skousen outlined 28 principles of freedom based on the Founders' original intent. Among these principles are the ideas that:

  • The government’s primary purpose is to protect the rights of the people (Principle 2),
  • A strong national defense is necessary (Principle 24), but
  • The Constitution must remain the supreme law of the land (Principle 18).

Through this lens, it is essential for the United States to defend itself against foreign threats, like terrorism. However, it is also essential that the people remain vigilant to protect the very freedoms the Constitution seeks to secure for them. After 9/11, measures such as indefinite detention of suspects, military tribunals for terror suspects, and mass surveillance programs led many constitutionalists to question whether the government was undermining the principles it was founded upon. Maintaining freedom requires constant vigilance, not just against external enemies but against internal tendencies toward centralized power.

The Role of the People in Maintaining Freedom

An equally important emphasis should be on educating citizens about the Constitution to ensure that government remains in its proper bounds. In a post-9/11 world, we must recommit to the principles of individual liberty and limited government. An informed citizenry is the best defense against government overreach.

The proper role of government is to secure the rights of the people, as outlined in the Declaration of Independence. The actions taken after 9/11—such as increased surveillance, expanded executive power, and the erosion of privacy rights—should concern us because they represent a shift away from the balance of power established by the Founders.

Freedom is fragile, and it is the duty of each generation to protect it. As George Washington warned in his Farewell Address, “Overgrown military establishments are, under any form of government, inauspicious to liberty, and are to be regarded as particularly hostile to republican liberty.”

Conclusion: The Path Forward

In the years since 9/11, Americans have grappled with the balance between freedom and security. The path forward requires a reaffirmation of constitutional principles and a return to the founding vision of a government constrained by checks and balances. The tragedy of 9/11 should not lead to the abandonment of the Constitution but should instead serve as a reminder of its enduring relevance.

The lessons of history are clear: liberty once lost is rarely regained. As the nation continues to heal, and as we face new challenges, Americans must ensure that in the name of security, we do not sacrifice the very freedoms that define our nation.

6 comments

Sep 12, 2024
Mark

Only, We the People Can Save America!

As Thomas Jefferson said, “if a People expect to be ignorant and free they expect what never was and never will be…"
and, "we in America do not have government by the majority. We have government by the majority who participate.”

“An educated citizenry is a vital requisite for our survival as a free people.” Thomas Jefferson

My people are destroyed for lack of knowledge: ….. Hosea 4:6 (KJB)

Sep 12, 2024
Jim Lewis

Nice article, hit the nail on the head.

It amazes me though, that congress and most people think that the patriot act supersedes the 4th, 5th, 6th, and 8th amendments to the Constitution. People need to read Article 6 §2 in the Constitution which states, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land”.

Clearly, ALL LAWS made by congress must be made in pursuance of the Constitution, (pursuance = A following; prosecution, process or continued exertion to reach or accomplish something; as in pursuance of the main design) or as Jefferson & Hamilton said,:

Thomas Jefferson said in the Kentucky Resolution:
“Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, VOID, and of no force.”

In Federalist No. 78, Hamilton said:
“There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is VOID. No legislative act therefore contrary to the constitution can be valid”

VOID=Having no legal or binding force; null; not effectual to bind parties

So, if any federal act, i.e. the patriot act, violates any part of the Constitution or our Constitutionally guaranteed GOD-GIVEN rights, that law is VOID, with no legal or binding force.

So why do the States put up with the patriot act? They should NULLIFY it and not allow it to be enforced within their own borders.

It just blows my mind!

Sep 11, 2024
Rene McSherry

So we need to rescind the Patriot Act, right?

Sep 11, 2024
Isabella Arruda

Ty please read District of Columbia Organic Act of 1871 n read Marbury vs Madison 1803 US Supreme Court Case US Constitution is highest law of the land Please review the Declaration of Independence ty

Sep 11, 2024
Isabella Arruda

Ty please read District of Columbia Organic Act of 1871 n read Marbury vs Madison 1803 US Supreme Court Case US Constitution is highest law of the land Please review the Declaration of Independence ty

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