Category Archives: The Surveillance State

Quote Of The Day

Bruce @ QandO, responding to this story about Obama pushing a “surge” of air marshals:

Mr. Obama – the idea is to get them before they get on the freakin’ airplane.

As he goes on to point out, passengers (due to human self-preservation instincts) have proven remarkably able to take down terrorists in-flight. Perhaps Obama should wonder how this guy got through all the security theater onto the plane at all.

Quote Of The Day

From Jonah Goldberg, re: airline security:

Anyone who flies regularly will tell you, the hellishness of airline travel is not primarily derived from the outrage of lost privacy, it’s derived from the outrage of inefficient, time-consuming idiocy. I would gladly trade the privacy invasion that would come with those body scanners in Total Recall in exchange for the ability to casually walk into the boarding area.

As I’ve mentioned before, my job has me on the road quite a bit, and thus I visit our illustrious TSA on a regular basis. I survive largely on airports having the black-diamond “Expert Traveler” security line and having a time-tested system of packing that gets me through the line quickly.

Unlike some libertarians, who choose not to fly rather than be subjected to TSA scrutiny, I see this as an unwelcome, unnecessary, but trivial evil. I view air travel as too important to me (both personally and professionally) to allow the government to slow me down. I know I’m going to be hassled, but it is most important to me that the hassling be kept to a minimal level and that it disrupt my plans as little as possible. I must admit that I was more than a bit irked over the holidays traveling with family, when the TSA screener wiped my infant son and I down for explosive residue (I was carrying him in a Baby Bjorn) “to make sure he was a real baby”. But even that was only an inconvenience, it’s not like he swabbed us for our DNA (at least that I’m aware of).

All that said, the level of idiocy is highly annoying. On short trips, I prefer not to check baggage, lest it get lost. At the same time, as a beer aficionado, I like to buy beer where I’m traveling that isn’t distributed in CA. With the liquid restrictions, I’m then forced to either forgo a purchase and not carry beer back with me, or wrap it in my luggage and check it on the return hoping that baggage handlers don’t leave me with a wet, smelly bag upon my arrival home. I often forgo the purchase these days rather than risk losing the bag or ending up with a mess.

However, I will take issue with one thing Goldberg says:

We keep hearing how we have to trade privacy for security. “No we don’t!” says the always helpful ACLU. “Yes we do!” say some security experts. “Maybe we do, maybe we don’t,” say others.

It’s all terribly tedious and it misses a very basic point: We already trade privacy, a lot of privacy, for security.

We already trade privacy for the appearance of security. Posts like this remind me that we’re actually not much safer as a result of all this hassle. It is truly security theater, designed to make us feel better but almost completely useless.

But while I’m certainly more concerned about privacy and government surveillance than the average joe, I’d be willing to trade the concern that some screener sees my naughty bits for a much quicker and less hassling airport experience*. And when I’m traveling with family, if it would make it unnecessary for me to take shoes off my toddler (getting them back on is the hassle), I’d be positively overjoyed.

Hat Tip: Curunir @ Distributed Republic
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Evil Doesn’t Need Warrantless Wiretaps — They Have Facebook

It’s not often when I come across something so bone-chillingly despicable that I want to post about it but can offer nothing to say beyond the mere actions taken… So look at what Iran is doing:

His first impulse was to dismiss the ominous email as a prank, says a young Iranian-American named Koosha. It warned the 29-year-old engineering student that his relatives in Tehran would be harmed if he didn’t stop criticizing Iran on Facebook.

Two days later, his mom called. Security agents had arrested his father in his home in Tehran and threatened him by saying his son could no longer safely return to Iran.

“When they arrested my father, I realized the email was no joke,” said Koosha, who asked that his full name not be used.

Tehran’s leadership faces its biggest crisis since it first came to power in 1979, as Iranians at home and abroad attack its legitimacy in the wake of June’s allegedly rigged presidential vote. An opposition effort, the “Green Movement,” is gaining a global following of regular Iranians who say they never previously considered themselves activists.

The regime has been cracking down hard at home. And now, a Wall Street Journal investigation shows, it is extending that crackdown to Iranians abroad as well.

In recent months, Iran has been conducting a campaign of harassing and intimidating members of its diaspora world-wide — not just prominent dissidents — who criticize the regime, according to former Iranian lawmakers and former members of Iran’s elite security force, the Revolutionary Guard, with knowledge of the program.

That’s just the start of it. Working with several Iranian ex-pats (who left in the wake of the Revolution), I wonder exactly how much they must value the freedom of living in America. But most of them still have family back home, and while the regime can’t touch them here on our shore, they can still reach deep inside and threaten those who my coworkers most care about.

I don’t often throw out words like “evil.” But there is little else to describe trying to silence critics abroad by threatening their innocent families in their homeland.

Hat Tip: Coyote Blog

The Cult Of The Imperial Presidency

whitehouse

Over the past 30 years, America has seen Presidential scandals ranging from Watergate to Iran-Contra to Travel-gate, Whitewater, the Lewinsky scandal, and the Valerie Plame affair. We’ve learned the truth about some of the truly nefarious actions undertaken by some of most beloved Presidents of the 20th Century, including the iconic FDR, JFK, and LBJ. And, yet, despite all of that, Americans still have a reverential view of the President of the United States that borders on the way Englishmen feel about the Queen or Catholic’s feel about the Pope.

How did that happen and what does it mean for America ?

Gene Healy does an excellent job of answering those question in The Cult of the Presidency: America’s Dangerous Devotion to Executive Power, making it a book that anyone concerned with the direction of the American Republic should read.

As Healy points out, the Presidency that we know today bears almost no resemblance to the institution that the Founding Fathers created when they drafted Article II of the Constitution. In fact, to them, the President’s main job could be summed up in ten words set forth in Section 3 of Article II:

he shall take Care that the Laws be faithfully executed,

The President’s other powers consisted of reporting the state of the union to Congress (a far less formal occasion than what we’re used to every January), receiving Ambassadors, and acting as Commander in Chief should Congress declare war. That’s it.

For roughly the first 100 years of the Republic, Healy notes, President’s kept to the limited role that the Constitution gave them. There were exceptions, of course; most notably Abraham Lincoln during the Civil War but also such Presidents as James Polk who clearly manipulated the United States into an unnecessary war with Mexico simply to satisfy his ambitions for territorial expansion. For the most part, though, America’s 19th Century Presidents held to the limited role that is set forth in Article II, which is probably why they aren’t remembered very well by history.

As Healy notes, it wasn’t until the early 20th Century and the dawn of the Progressive Era that the idea of the President as something beyond what the Constitution said he was took forth. Healy documents quite nicely the ways in which Presidents from Theodore Roosevelt to Woodrow Wilson to FDR went far beyond anything resembling Constitutional boundaries to achieve their goals, and how they were aided and abetted in that effort by a compliant Supreme Court and a Congress that lacked the courage to stand up for it’s own Constitutional prerogatives. Then with the Cold War and the rise of National Security State, the powers of the Presidency became even more enhanced.

One of the best parts of the book, though, is when Healy attacks head-on the “unitary Executive” theory of Presidential power that was advanced by former DOJ official John Yoo in the wake of the September 11th attacks and the War on Terror. As Healy shows, there is no support for Yoo’s argument that the Founders intended for the President to have powers akin to, or even greater than, those of the British Monarch that they had just spent seven years fighting a war to liberate themselves from. The dangers of Yoo’s theories to American liberty and the separation of powers cannot be understated.

If the book has one weakness, it’s in the final chapter where Healy addresses only in passing reforms that could be implemented to restrain the Cult Of the Presidency. I don’t blame Healy for only giving this part of the book passing attention, though, because what this book really shows us is that no matter of written law can stop power from being aggregated in a single person if that’s what the people want and, to a large extent, we’ve gotten the Presidency we deserve.

Healy’s closing paragraph bears reproducing:

“Perhaps, with wisdom born of experience, we can come once again to value a government that promises less, but delivers far more of what it promises. Perhaps we can learn to look elsewhere for heroes. But if we must look to the Presidency for heroism, we ought to learn once again to appreciate a quieter sort of valor. True political heroism rarely pounds its chest or pounds the pulpit, preaching rainbows and uplift, and promising to redeem the world through military force. A truly heroic president is one who appreciates the virtues of restraint — who is bold enough to act when action is necessary yet wise enough, humble enough to refuse powers he ought not have. That is the sort of presidency we need, now more than ever.

And we won’t get that kind of presidency until we demand it.”

And, if we don’t demand it we will find ourselves living in a country where the only difference between President and King is merely the title.

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