GoSlash,
Interesting. I believe it was Lincoln who said, "The Constitution is not a suicide pact," when he was being criticized for suspending the writ of habeas corpus. You're essentially saying that it
is a suicide pact, that you'd rather die than lose any of your liberties.
What if you had a roommate that was known to have extremist views, and you overheard him saying to a friend that all who don't believe in Jesus Christ should either be forcibly converted or killed, and that this should start with the people they're living with, at 9:00 a.m. the following Saturday? Or better yet, he'd been acting more flaky than usual and you overheard him saying that, because your ear was to his door?
What I just described is the micro, personal version of what's going on at our national level. To be consistent, you'd have to forget that you ever heard what was said, not be concerned if he was acting flaky in the first place, and not be packin' the next Saturday morning. If that's your attitude, you're at least consistent.
This enemy we're facing truly does hate us and the freedoms of speech, religion, the press, etc., that we enjoy, and truly does want us dead if we won't convert. Because they're not a nation-state that we can concentrate firepower on, because they're nebulous and shadowy, because they rely on asymmetric warfare, it's inevitable that our response to their threat will make us something we weren't, simply from a survival standpoint. In that sense, they've already won part of the battle, because it's our freedom they detest, and it's our freedom that's being checked. But the question is: Is it better to become something we weren't and still survive as a nation in some fashion, or is it better to grant the terrorists the freedom that GoSlash would grant them, enabling them to strike simultaneous devastating blows, precipitating our probable collapse? When they struck 3 buildings and a field on 9/11 we teetered for a while. If they can get their hands on some nukes and smuggle them into the country (drugs anyone?) and time the blasts to be simultaneous as they are wont to do, we'd have anarchy, chaos, martial law. The Patriot Act might then become a fond memory for civil libertarians.
Then again, the nation that rises from those ashes might write a constitution that won't allow rights to be "precedented" out of existence extra constitutionally. Maybe marching judges out to a firing squad at dawn the next morning, after making an asinine ruling the day before, would concentrate their attention.