What if it was the 2nd Amendment?

What if the recently passed FISA bill (H.R. 6304) addressed the Second Amendment? What if the President claimed that, in order to defend us from terrorists, he needed the power to remove all guns from any home in America? Now, he wouldn't say it that way in press conferences and speeches. He would instead say that he needs to have the capability to disarm terrorists and that this capability needs to be flexible and all encompassing to effectively combat the threat. He would say the terrorists are fighting a new kind of warfare and that the old laws don't work anymore. He would remind you that terrorists are trying to kill you and that disarming them is vital to the interests of the nation. And he wouldn't be alone in saying it. There would be a host of administration officials, pundits, operatives, and supporters giving rationale and voicing their support.

If you look closely, you may notice that the actual law allows for people who have done nothing wrong to lose their guns. You may notice that the administration can confiscate anyone's guns without telling anyone why they are doing it, or even whether they are doing it or not. If you spoke up about this, you would be told that you don't understand the nature of the terrorist threat. You will be told that unless the president can take away anyone's guns at any time, the terrorists will strike again and again. They will have already won. You would be told that innocent people who have nothing to hide needn't worry, because even though the administration could take away your guns, they won't. You would be told that you are putting our troops and law enforcement officials in harm's way by your ridiculous requirement that they stop off at the nearest court house to get a judge's order before they can say "Drop your weapon!" to some cornered criminal. When you point out that the existing law never required that, you will be told that the existing law was written a long time ago and things have changed since then. If you point out that the Second Amendment is one of the cornerstones of our democracy, you would be told that your idealistic and naive ideas can't work in the real world, and you are enabling our enemies. You will be told that you care more about the rights of terrorists than the safety of your own children. You will be told that when the terrorists go on a killing spree in the local mall, well, you'd better be ready to accept responsibility for it. And you would be called unAmerican.

Americans of all stripes should and would be up in arms about this. The outrage would be loud and clear and would overwhelm the fear-based arguments of those backing the law. But it's not the Second Amendment this time around. It's the Fourth. The loss is not so tangible. You can't hold it in your hand like a gun. For example, you would know if federal agents came to take away your guns. You would know if a Democratic administration confiscated the guns of all registered Republicans. With surveillance you don't know. The current FISA legislation is actually more insidious than any legislation targeting gun ownership. Every one of the ten amendments comprising the Bill of Rights is precious, whether we can hold it in our hands or not. Every one of them was put there specifically to protect the innocent and that guarantee of protection for individuals has been the source of strength for America for hundreds of years. Weakening them in the face of a threat weakens us as a nation. And if we weaken ourselves, well, the terrorists have already won.

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