FISA and the Imperial Presidency

Maximum Leader has twice commented on the wiretap issue, and in general — surprisingly or not — we are in agreement on the basic points. However, I think it’s important to frame the issue in a much larger context than just “protecting the rights of terrorists.” The larger issue isn’t about the technicalities of the law, but rather the nature of our government. It’s an issue that is definitely worth getting “hot and bothered” about. Our civil liberties are worth getting hot and bothered about. The checks and balances in our Constitution are worth getting hot and bothered about. In the end, if you’re going to allow the President and the administration to do anything they want (for another example, the President wrote a signature statement exempting himself from McCain’s anti-torture measure), then who in the administration do you trust to determine who the terrorists are? Who do you trust to say what’s in the best interest of this country? Who do you trust to determine what’s necessary to fight a war, particularly a war that is never ever ever going to end?

Let’s review recent history. Do you trust the members of the administration who selectively used intelligence to support their reasons to go to war? Do you trust the President who regularly ignores the council of his own Attorney General and the DoJ? Do you trust the individuals who — for purely and unarguably partisan reasons — leaked the name of Wilson’s CIA wife?

The reason we have FISA is because Nixon abused the power and trust of the office. Congress passed a law and Presidents have to abide by it. It may be American Government 101 but it bears repeating: Presidents don’t make laws, nor should they. The founding fathers didn’t set up a system that depended on trust. By all accounts, everyone loved George Washington, but they still insisted on a system of checks and balances in the Constiution.

It is a horrible horrible mistake to cast this issue in terms of liberty vs security. The issue is the office of the Presidency itself, whether you agree with the actions of that individual or not. Minions, please get hot and bothered, and for once I’m not talking about sex when I say that. The very nature of the Republic is at stake.

Believe.

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