Billmon gets "a little crazy in the head" as he contemplates the arguments over whether two-thirds, or one-half, or one-fourth of Americans support being spied upon for their own alleged well-being.
The whole point of having civil liberties is that they are not supposed to be subject to a majority veto. Hobbes may not have believed in natural rights, but our founders did. And their opponents, the anti-Federalists, were even more zealous about restraining the powers of the federal superstate, which is why they forced the Federalists to write the Bill of Rights directly into the Constitution.
It defeats the purpose of having a 4th Amendment if its validity is entirely dependent on breaking 50% in the latest poll. It would be nice to have "the people" on our side in this debate, and obviously a lot of them are, even if Doherty's plurality still prefers Leviathan's crushing embrace. But some things are wrong just because they're wrong -- not because a temporary majority (or even a permanent one) thinks they're wrong.
...We can't do anything about how a corrupt, oligarchic system works (or rather, doesn't work) but we can at least stop accepting the other side's terms for the debate. What the government is doing is illegal and unamerican, and that would still be true if the polls showed 99% support -- in fact, it would be even more true.
Hear hear! And Amen!