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Opinion | When force replaces law, constitutional order collapses

Two civilian deaths in Minneapolis raise urgent questions about constitutional limits, immigration enforcement, accountability, and whether federal power still answers to law.

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There is anger. There is outrage. And there is a reckoning born of grief that this nation can neither ignore nor suppress.

On January 24, Alex Jeffrey Pretti, a 37-year-old U.S. citizen and intensive-care nurse who cared for veterans at the Minneapolis VA hospital, was fatally shot by U.S. Border Patrol agents during a federal immigration enforcement operation in Minneapolis. Pretti was carrying a firearm under a valid Minnesota concealed-carry permit, according to Minneapolis Police Chief Brian O’Hara — a fact that is itself lawful in Minnesota and in most of the country.

Officials initially framed the shooting as a defensive act. But bystander video and family accounts show Pretti holding only a phone in the moments before he was shot, at times helping others, not threatening any agent.

Just weeks earlier, on January 7, Renée Nicole Good, a 37-year-old American mother of three, was shot and killed by an ICE agent in the same city while driving away from a confrontation with federal officers conducting a raid. Video from that encounter has raised similarly grave questions about the justification offered by authorities.

The anger now spreading through Minneapolis and beyond is more than political frustration. It is grief finding its voice — a moral force that refuses to be quieted by press releases or procedural language.

What is unfolding is not merely another tragic headline. It is a crisis of conscience for this Republic.

The current administration has unleashed federal power in ways that resemble vigilantism more than law enforcement. It claims constitutional authority while operating behind layers of secrecy and institutional self-protection that should alarm every citizen, regardless of party or ideology. A government cannot be both sovereign and unaccountable. It cannot claim legitimacy while shielding itself from scrutiny. It cannot speak in the name of “the people” while turning its instruments of force against ordinary citizens asserting ordinary rights.

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When a government answers civilian deaths with contradictions and half-truths, when it dismisses eyewitnesses in favor of pre-written narratives, when it substitutes slogans for facts, it does not defend justice.

It corrodes it.

This is not simply a policy failure or an operational breakdown. It is a constitutional failure — born of a dangerous confusion about what the Republic exists to serve.

Many of the gravest American injustices were carried out under color of law. Jim Crow segregation was legal. Japanese internment was legal. COINTELPRO was legal. Each was justified by statutes, memoranda and official assurances. Each satisfied the machinery of government while violating the Constitution’s moral purpose.

And the nation’s awakenings have often followed the same grim pattern. Birmingham. Selma. Kent State. Minneapolis. The death of George Floyd. Moments when private fear became public clarity, when abstraction collapsed into a single human cost the country could no longer explain away.

The Constitution was written to restrain power, not sanctify it.

The generation that drafted it had lived under armed authority that answered to distant officials and executive decree. They did not theorize about abuse of power; they experienced it. British general warrants and writs of assistance allowed government agents to search homes, seize property and detain citizens without individualized cause. To the Founders, that was not order. It was the definition of tyranny.

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That history is embedded directly in the structure of the Constitution.

The Fourth Amendment forbids unreasonable seizures of the person, not as a suggestion, but as a hard limit on executive force.
The Fifth bars the deprivation of life without due process of law, drawing a bright line between lawful authority and raw power.
The Sixth guarantees public trials in civilian courts because secret review by the government itself was precisely what the Revolution rejected.
Article III removes criminal justice from executive control altogether, placing it in an independent judiciary by design.

These were not progressive innovations. They were conservative safeguards — built to preserve liberty by limiting the state.

The Founders assumed what history had already taught them: power expands to meet the space it is given. They designed a system that distrusts concentrated authority, especially when armed and operating among civilians. Standing forces were feared not because they were illegal, but because they were human — and humans, when shielded from consequence, eventually mistake authority for entitlement.

After the Civil War, the Reconstruction Amendments reaffirmed this same principle: that citizenship carries enforceable rights, and that government exists to secure them, not condition them. The Constitution did not become more permissive of force. It became more explicit about whom force must never eclipse.

Under the American system, authority is conditional. It must be lawful before it is forceful. Transparent before it is final. Answerable before it is trusted. When any agency substitutes its own internal judgment for public accountability, it abandons constitutional government in practice, even if it preserves it in form.

The framers did not design a system that trusted power to restrain itself. They designed one that assumed it never would.

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Rights were not conceived as favors granted by the state, but as boundaries the state must never cross. Due process, probable cause, civilian courts and open proceedings were not obstacles to authority.

They were the very definition of legitimate authority.

No president, no administration, no agency — no matter how broad its mandate — is entitled to whitewash the physical, emotional and lethal power it wields in the name of the public.

The deaths of Renée Good and Alex Pretti demand more than internal reviews.

They demand conscience.

They demand accountability.

They demand a return to the moral center of the Republic: the idea that law exists to restrain the powerful as much as it protects the vulnerable, and that legitimacy is earned only where justice is administered in the open.

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When the state becomes indistinguishable from the mob, citizenship is reduced to a liability and rights to a suggestion.

In that moment, silence becomes complicity.

A republic is not measured by the power it can wield, but by the lives it refuses to sacrifice to it. When that line is crossed, the name remains — but the country does not.

Bill Britt is editor-in-chief at the Alabama Political Reporter and host of The Voice of Alabama Politics. You can email him at [email protected].

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