FISA
How to Be a Rogue Superpower

How to Be a Rogue Superpower

It’s hard even to know how to take it in. I mean, what’s really happening? An employee of a private contractor working for the National Security Agency makes off with unknown numbers of files about America’s developing global security state on a thumb drive and four...

read more

Habeas That Corpus

Just a few years ago, the United States could hold its head high for the freedoms enjoyed by those residing within its borders as well as its energy, leadership, and openness and compassion. Today we are fast becoming a closed society, suspicious not only of “outsiders” but of many within our borders who are in some way “not like us.” The lists of our freedoms have turned into lists of our enemies, giving them an unmerited significance that in turn diminishes the country’s international standing. Persuasion has been replaced by coercion, honor sacrificed to a corrupted “duty,” and morality to expediency.

read more

Secrecy and Foreign Policy

Since the beginning of the republic, U.S. presidents have used some form of secrecy in the course of governing. In the wake of the Watergate scandal, congressional hearings in the 1970s and the disclosure of covert U.S. programs of assassination and destabilization overseas temporarily reduced the scope of secret activities sponsored by the executive branch. From the 1980s on, however, presidents have come to rely increasingly on secrecy-related practices. Though the U.S. Constitution does not explicitly grant executive secrecy in the list of Article II powers, presidents have increased their powers through legislation, the federal courts’ recognition of legal defenses to conceal information, and responses to the ongoing threat of terrorism.

read more