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Journal Original Replica's Journal: The national security oxymoron 2

So often these days we are presented with measures that claim to be for "National Security" which claim that we must surrender various rights to protect our nation. But to determine the veracity of these statements we must carefully consider: What is our nation? Certainly the president is a big part of our nation, but only for four years at a stretch. Maybe Congress is the core of our nation, for a few decades of service from the most successful congressmen. Maybe the nation's core is our people, although we have such a wide variety of viewpoints and beliefs and they change throughout our lifetimes. So what is the lasting core of our nation? The Constitution is that thing that makes America the place that is. If the Constitution read like Mao's little red book, then America would be like the PRC rather than the country we have. If China had been operating for the last 200 years with the US Constitution as it's government's foundation, then China would be a vastly different place.
Ok so the Constitution (and rule of law) is the core of America, why does that matter? We still have to stop the terrorists. Well it matters because of National Security. If the core of our nation is the Constitution, then the foremost objective of National Security should be ensuring that the Constitution remains undamaged as the driving force of our government. National Security should be protecting the rights and protections and balances of the Constitution from fear of Nazis or fear Communists or fear of Terrorists. Allowing those fears to distort or weaken the Constitution does far more damage than bombs or bullets. People die. Building crumble. New people are born, and new buildings are built. But a wound to the Constitution will endure throughout the duration of America's existence as a country.
Some may say: "In extreme times we must damage America to save America." It cannot be done, there have always been and will always be "extreme times". There will always be a foreign danger, there will always be internal struggles. There are some who may say: "I will do what ever must be done to protect my country, the law be damned." What is the damage you are protecting us from that is so huge that you must diminish the rule of law to overcome it? Let us imagine that you must protect us from something as terrible as ICBM Nuke hitting New York City. Well what would happen? 10 million people (3% of our population) would die earlier than they would have otherwise. The global financial world would take a huge hit. A major cultural center would be lost. It might an entire generation before enough new business leaders and artists and capital grew to replace that lost to a nuked NYC. But America would recover so long as we all held fast to those things which make us American. But what is lost when the power of the Constitution and the rule of law is diminished? Well, on average, the rule of law explains 57 percent of countries' intangible capital while schooling accounts for 36 percent. The World Bank has devised a rule-of-law index that measures the extent to which people have confidence in and abide by the rules of their society. An economy with a very efficient judicial system, clear property rights, and an effective government will produce higher total wealth. So when our Constitution is damaged, we loose some of our intangible capital, that's not so bad is it? Take a look at the transition Zimbabwe has made in the last ten years if you want to know what a major loss of intangible capital will do. Once the protections and rights of a people are seized by the government they do not ever return under that power of that same government. So either America will crumble or every following generation will suffer the loss when government agents act in ways which diminish the rule of law. This isn't the place to do a cost benefit analysis of the CIA, but I have no doubts that we would have won the Cold War without their help, and we would be far more loved and respected in the world community if they had never existed. And we would have more intangible capital, and we would be a wealthier and more free nation.
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The national security oxymoron

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