I am not speaking of the war so much. Rather, I'm asking more from an ideological standpoint.
Government was something deliberately created, for the sole purpose of protecting human rights. We have rights, and government exists to protect them.
The US constitution was the first constitution to recognize that a government cannot bestow rights onto its citizens. Human rights exist without "permission" from government. The constitution was a list of enumerated powers, meaning that if the government wanted to do something that wasn't listed in the constitution, it could not, unless the constitution was amended.