No one knows how long it will take to recover from the virus emergency that we are experiencing, but history indicates that there may be long-lasting effects to our freedom. Shortly after the 9/11 attacks President Bush signed into law a sweeping set of laws designed to increase the power of the US government and reduce the freedom of the citizens. To disguise the negative effects of these laws and discourage opposition by those concerned about violations of the constitution, the government decided to call this set of laws The Patriot Act.
Politicians brushed aside concerns by citizens and liberty organizations by explaining that these were temporary measures designed to address an emergency. The Patriot Act, after all, was only a four-year reduction in freedoms, and would expire at the end of 2005.
The temporary Patriot Act allowed the Federal Bureau of Investigation to search our communication and financial records without court order. It also allowed immigrants under suspicion to be detained indefinitely. Law enforcement could now search a home or business without consent of the owner or even knowledge. While some provisions of the Patriot Act were ruled unconstitutional by the federal courts, most of these laws remained intact.
2005 came and went without the expiration of the ‘temporary, emergency’ laws. The Patriot Act was reauthorized by Presidents, Senators, and Congressional Representative of both major parties. Even when parts of the act expired automatically, they were restored with minor changes. Long after the ‘emergency’ ended, the restriction of our freedoms lives on.
Now California Governor Newson has issued an executive order empowering the state to ‘take over private assets” such as hotels, motels, and private medical facilities, according to Executive Order N-25-20. In Champaign, Illinois, Mayor Deborah Frank empowered herself to ban the sale of guns and alcohol. She may also control the sale of gasoline, take possession of private property, and cut off individual’s access to gas, water and electricity, according to The New York Post and other papers. The mayor is quoted as saying, “So many of those powers, I have had from the beginning”. Gainesville Florida can arrest retail and restaurant owners who remain open during curfew.
While Mayor Frank may be viewed as a radical authoritarian in this situation, the seriousness of this medical emergency will undoubtedly prompt more in government positions to seek to control the situation though emergency orders. The voluntary actions of many businesses and organizations in Pennsylvania and across the nation to follow CDC guidelines have been impressive, as employees are encouraged to work from home and non-essential operations are shuttered.
It is not surprising to see major party politicians viewing this emergency as an opportunity to override constitutional protections and seize power over their constituents. This is par for the course for elected Democrats and Republicans. Some of these politicians may really believe they are protecting us, while giving in to their natural inclinations to control others.
The real question is how the Patriot Act received little widespread public opposition, and how the constant reauthorizations seems to pass by unnoticed. This lack of opposition may happen again during the current emergency. Fear of terrorism and pandemics may cause citizens to eagerly approve these drastic ‘emergency’ measures. The ongoing loss of personal freedom since the Patriot Act began is the real legacy of 9/11. People have repeatedly traded their liberty for security when they are scared. History shows us that, each time, the infringement of freedom is not temporary. Government never relinquishes 100% of the control they gain during the emergency and liberty is never allowed to snap back to its original shape.
As we work together to mitigate the very serious medical situation that now faces us, let’s be sure we do not lose our freedoms as a byproduct of the virus.