the benefit of the doubt

The Washington Post had a graphic of Mukasey quotes, and although I think much of what he said sounded good (though frankly I'm not sure I trust Bush's nominees any more) this is one thing I disagree with:

The hidden message in the structure of the Constitution, as it were, is that the government it establishes is entitled, in the first instance at least, to receive from its citizens the benefit of the doubt.

The thing is, I don't think that's true. I think the Founders wrote the Constitution as they did, chuck full of checks and balances, precisely because they didn't trust government - any government.

The people of the U.S. owe their independence & liberty to the wisdom of descrying in the minute tax of 3 pence on tea, the magnitude of the evil comprised in the precedent. Let them exert the same wisdom in watching against every evil lurking under plausible disguises, and growing up from small beginnings,

said James Madison, and this

I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations.

And this

But whatever may be the form which the several States have adopted in making declarations in favor of particular rights, the great object in view is to limit and qualify the powers of Government, by excepting out of the grant of power those cases in which the Government ought not to act, or to act only in a particular mode. They point these exceptions sometimes against the abuse of the executive power, sometimes against the legislative, and, in some cases, against the community itself; or, in other words, against the majority in favor of the minority. In our Government it is, perhaps, less necessary to guard against the abuse in the executive department than any other; because it is not the stronger branch of the system, but the weaker. It therefore must be levelled against the legislative, for it is the most powerful, and most likely to be abused, because it is under the least control. Hence, so far as a declaration of rights can tend to prevent the exercise of undue power, it cannot be doubted but such declaration is proper.

And John Adams said,

But a Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever,

and

There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.

And it's easy to find many more such quotes.

What the government the Constitution established is entitled to is our constant vigilance.