I think we all can take our Constitutional Law positions from the most qualified expert on the law...
After being captured by a parallel dimension Batman who belonged to the Justice Lords, Batman and the Justice League have to attempt to escape from their captors and return to their own world. Batman has an interesting debate with "himself" on the whole freedom/safety issue.
Lord Batman: What are you hiding for? Batman: I do my best work in the dark. Lord Batman: I used to think that, too. But what have you ever accomplished from there, aside from scaring a few punks half to death and putting a few more in jail? Batman: It all adds up. Lord Batman: Not fast enough. If you really want to make a difference, want to change the system instead of just patching it, you can't be subtle. You've got to step into the sunlight. Take over, like we did.
Lord Batman: Think about it - a world where there's no crimes. No victims. No pain. Batman: And no choice!....Who elected you, anyway? Lord Batman: Who elected you? The problem with democracy is, it doesn't keep you very safe. Batman: It has other virtues. But you seem to have forgotten that. Lord Batman: I didn't forget! I just chose peace and security instead. Batman: You grabbed power! Lord Batman: And with that power, we've made a world where no eight-year-old boy will ever lose his parents...because of some punk with a gun! Batman: [pauses, then drops his Batarang] You win.
Of course Batman goes on to convince Lord Batman that his parents wouldn't be proud of him for creating and maintaining a world made more "safe" by restricting freedom.