Hats, Backpacks, and Big Hairy Dogs

Dearest A,

My position towards government action abroad is aptly summed up by Uncle Ben: "With great power comes great responsibility."

Just because we have unrestricted power doesn't mean we should wield it. True, the Constitution does not put any explicit limitations on government actions outside American borders, but the Constitution was written during a time when police action abroad simply did not occur. There was no CIA back in the day. No cross-border police initiatives. No war on drugs, war against terror, or any of the other ambiguous wars that have taken our police power all over the globe.

The real question here is whether the Constitution gives its citizens positive rights, or if it acts as a restraint on the government.

If the Constitution is embuing American citizens with positive rights, then the rights reside with the people. They're like hats possessed by each citizen. There are rules for giving out the hats. And once someone gets one, she can choose whether she wants to wear it. But just because the government has reached out and affected the life of someone other than a citizen doesn't mean this new person also gets a hat.

But, if the Constitution is simply a series of restrictions on government action, then the negative rights rest with the government. It's like a big, heavy backpack that the government always has to carry around. Unlike with the hats, the government has to keep the backpack on his shoulders. The Constitution doesn't give the government a choice.

I believe the Constitution is a series of don'ts for the government. I believe that the government must abide by these don'ts, even when detaining a person in Mexico or Afghanistan. I believe the Supreme Court is wrong when they say that the Fourth Amendment does not apply to foreigners in foreign countries.

And now, an analogy you, A, will appreciate. The U.S. government is like a mean, muscular attack dog. The Constitution chains that attack dog to a post. Is there any reason to think that the attack dog should be released just because the yard is outside U.S. borders? The reasons for locking up the attack dog are the same inside and outside the U.S. Unrestrained government power leads to bad results. Period. Amen.

Love,
Sammy