“The Constitution of the United Stateswas written by 55 men—and one ghost,”writes military historian Dave R. Palmer in
This nation’s Founders were wellaware of the example of Oliver Cromwell,who led the revolution that deposed KingCharles I and established civil government inGreat Britain. That democracy was short-lived, because when the newly formed RumpParliament refused to meet Cromwell’sdemands, he used the army to seize powerand establish himself as Great Britain’s “LordProtector.” To America’s Founders, the les-son was obvious: standing armies threatenliberty. That explains why the Constitutiondivided the power over the military betweenthe executive branch and the legislativebranch.What America’s Founders did not foreseewas Congress allowing the president to con-trol small armies of
police forces. TheSecret Service, the National Park Service, theTransportation Security Administration, anddozens of other executive agencies act solely atthe president’s behest. But instead of checkingthe expansion of executive branch power,members of Congress have virtually aban-doned their critical oversight responsibilities. Although the growth of federal policepowers began before the September 11, 2001,terrorist attacks, the threat of terrorism isnow used to justify their reflexive expansion.Restrictions on individual freedom go virtu-ally unchallenged as long as they are charac-terized as “security measures.” Cost-benefitanalyses are rarely, if ever, offered or required.This paper will briefly examine the enhancedpowers of four federal police agencies andwill explain how those enhanced powersthreaten individual liberty.
National Park Police
Since the secretary of the interior reportsto the president, George W. Bush oversees theUnited States Park Police, which means thatthe president controls access to all nationalparks and monuments. Historically, thatpower has not been abused. But consider theactions that the Bush administration hastaken over the last several years.
After 9/11, Bush closed the Statue of Liberty. Liberty Island reopened, butpeople can no longer go inside the stat-ue to overlook New York City and theharbor. The statue that stands as a bea-con of courage and freedom has now been closed off because of fear.
Independence Hall in Philadelphia resem-bles a minimum security prison facility.To protest the metal barriers surroundingthe building where the Declaration of Independence was adopted, local resident Jake Browne placed a sign reading “FreeIndependence Hall” on a park bench oneday as he ate his lunch. A park ranger toldBrowne to remove his sign. “What aboutmy First Amendment right to freespeech?” Browne asked. “This is a First- Amendment-free zone,” said the ranger,directing Browne to an area two blocksaway. Not wanting to move, Browneoffered instead to turn his sign around.“Fine,” said the ranger, “but if you turn itback, you’re under arrest.”
Some Americans have simply given upon plans to visit national parks and mon-uments. While in Hawaii, Dan and Lisa Holland of Meridian, Mississippi, tooktheir young sons to the Pearl Harbormemorial. The family waited in line twohours to get through security—only to behanded timed tickets dictating anothertwo-hour wait. “And you couldn’t evenspend that time looking around,” Mrs.Holland says, “because you couldn’t leavethe secured area.” The family outing they had hoped to enjoy became a burden-some ordeal.
In Washington, D.C., entrances to publicbuildings are blocked by metal detectorsand armed guards. Drivers near theCapitol can be stopped by police on city
Instead of checking theexpansion of executive branchpower, membersof Congress have virtually abandoned theircritical oversightresponsibilities.