During war, even a war fought in far flung lands, the civilian public is not guaranteed the comforts of peacetime. Rationing of food and clothing can be expected as a nation directs its energy and material goods toward the war effort. Additionally, one can expect taxation to increase as the nation’s war debt mounts. However, when one’s liberty becomes a cost of war, the nation faces a crisis that is much more difficult to overcome with patriotic slogans. Fear, spread through propaganda campaigns and doom-inspiring rhetoric, becomes the tool that convinces a nation that the loss of constitutionally protected liberty is price worth paying for the ultimate goal of winning the war.
In the mid-to-late 1700s, the cost of war was hugely felt in the form of taxation. Colonial Americans were opposed to the new taxes despite the fact that they helped pay for the military support the colonists benefited from each time a frontier war erupted. Their argument, in simple terms, was that if they were to be taxed like regular English subjects, then they should have all the rights and privileges afforded to regular English subjects. Particularly, they should have the right to political representation. When their demands for equality were not heeded, the colonists decided that rebellion was the solution. War weariness and the costs of war played a large role in the final outcome. Endless war was not a good national policy, and even the powerful British Empire had a difficult time arguing against that truth.
During the American Revolution, the colonists who supported rebellion and sought independence were willing to sacrifice personal comfort for their cause, but that dedication was challenged when the new nation found itself sacrificing economic prosperity due to the Embargo Act of 1807. In an ill-conceived attempt to force France and Great Britain into dealing with the United States with greater respect, President Thomas Jefferson and Congress passed an embargo that resulted in great hardship for the New England merchants. Fortunately, the War of 1812 concluded just as the anger in New England was reaching a boiling point, and President James Madison was not faced with the daunting task of suppressing a homeland rebellion.
When homeland rebellion did finally erupt years later as the national argument concerning the issue of slavery boiled over, President Abraham Lincoln did not hesitate suspending certain constitutionally guaranteed rights in an effort to settle the conflict more quickly. His justification was that those who were trying to separate from the union and those who were a direct threat to the union were not necessarily protected by the constitution. He was not alone in his evaluation that during war certain liberties might need to be curtailed. The remnants of Congress agreed, and passed the Habeas Corpus Suspension Act of 1863.
Economic hardship and the forfeiture of liberty seemed justifiable when the nation was at war; especially if the forfeiture of liberty was directed at those who seemed set on disrupting the nation’s ability to fight the war. It should not come to a surprise that when the nation went to war after the bombing of Pearl Harbor, those who seemed too closely tied to the enemy would find themselves stripped of their constitutionally protected liberty. It mattered little that their ties were familial in nature as opposed to political. The nation had to be protected in order for the United States to prevail. In the end, the war only last a few short years. The rights and liberty of the interned were restored, everyone went on their merry way, and the nation flourished as it helped rebuild the free world. Or so the propagandists proclaimed.
Yet another enemy lurked and another war loomed. Constitutionally protected rights were no longer sacred in the face of an enemy. A nation at war, even a cold one, had to protect itself from enemy sympathizers and subversives. If this meant spying on its own citizens, then that is what the nation would do. When the truth of this violation became publicly known after the burglary at the FBI office in Media, Pennsylvania in 1971, Congress acted to halt such a travesty, but it was questionable even at the time whether the actions of Congress would hold up during the ongoing Cold War.
War, it seemed, would always be a justification for a temporary loss of freedom and liberty, but as the twentieth century ended and the twenty-first century began, war shifted away from the traditional conflicts that often erupted between two political enemies. Instead, war became a conflict with phantoms and ideologies. First there was the War on Drugs and then the War on Terror, both eradicating the protections guaranteed in the constitution, and both without any end in sight. The cost of these wars continues to be great and it seems that rather than causing economic hardship and the sacrifice of personal comfort, these wars demand a greater price – liberty.