Historians looking back at this period in America’s development will consider it to be profoundly odd that at the exact moment when violent crime hit a 50-year low, the nation’s police departments began to gear up as if the country were expecting invasion — and, on occasion, to behave as if one were underway. The ACLU reported recently that SWAT teams in the United States conduct around 45,000 raids each year, only 7 percent of which have anything whatsoever to do with the hostage situations with which those teams were assembled to contend. Paramilitary operations, the ACLU concluded, are “happening in about 124 homes every day — or more likely every night” — and four in five of those are performed in order that authorities might “search homes, usually for drugs.” Such raids routinely involve “armored personnel carriers,” “military equipment like battering rams,” and “flashbang grenades.”
Were the military being used in such a manner, we would be rightly outraged. Why not here? Certainly this is not a legal matter. The principle of posse comitatus draws a valuable distinction between the national armed forces and parochial law enforcement, and one that all free people should greatly cherish. Still, it seems plain that the potential threat posed by a domestic standing army is not entirely blunted just because its units are controlled locally. To add the prefix “para” to a problem is not to make it go away, nor do legal distinctions change the nature of power. Over the past two decades, the federal government has happily sent weapons of war to local law enforcement, with nary a squeak from anyone involved with either political party. Are we comfortable with this?
The Right’s silence on the issue is vexing indeed, the admirable attempts of a few libertarians notwithstanding. Here, conservatives seem to be conflicted between their rightful predilection for law and order — an instinct that is based upon an accurate comprehension of human nature and an acknowledgment of the existence of evil — and a well-developed and wholly sensible fear of state power, predicated upon precisely the same thing. As of now, the former is rather dramatically winning out, leading conservatives to indulge — or at least tacitly to permit — excuses that they typically reject elsewhere. Much as the teachers’ unions invariably attempt to justify their “anything goes” contracts by pointing to the ends that they ostensibly serve (“Well you do want schools for the children or don’t you? Sign here”), the increasingly muscular behavior of local police departments is often shrugged off as a by-product of the need to fight crime. This, if left unchecked, is a recipe for precisely the sort of carte blanche that conservatives claim to fear.