In a long piece, Glenn Greenwald writes,
Ultimately, what is most extraordinary about all of this – most confounding to me – is how violently contrary this mentality is to the ethos with which all Americans are instilled: namely, that the first and most inviolable rule of government is that leaders must not be trusted to exercise powers without constant restraints – without what we’re all taught in elementary school are called “checks and balances”.
He discusses Presidential exercise of power in the name of fighting terrorism. Read the whole thing. There are many interesting issues here. My thoughts:
1. One hundred years ago, if you did not have a mass of men wearing uniforms, you could not pose much of a threat to society. One hundred years ago, governments did not have available to them the surveillance technology and drone strike technology that some governments have today. I am not saying that I am confident about which old rules, if any, no longer apply, but it is worth thinking about the issue. For a book-length treatment that pre-dates 9/11 (but anticipated it), see David Brin’s The Transparent Society. To see my alternative to Brin’s solution, read The Constitution of Surveillance.
2. My general view is that if we want the government to have new powers, then we ought to build in new checks and balances. I think this applies to much more than just the issue of terrorism, drone strikes, and surveillance. I have written about the generic benefits of having a strong audit function in government.
3. It could be that the best principle to follow when it comes to drone strikes is “never do them.” I think it is easy to develop the hypothesis that they will do more harm than good. It is also quite hard to think of a way to test that hypothesis reliably.
4. At the very least, it would seem better to arrive at a “kill list” by having suspects tried in absentia under some form of courtroom procedure (obviously not with full rights for the accused, and not necessarily public, but subject to audit) than simply have suspects nominated by the intelligence bureaucracy and approved by the President.
5. How does this issue play out with libertarians, progressives, and conservatives? One of Greenwald’s main points is that progressives are not consistent on the issue. They distrusted the Bush Administration but not the Obama Administration. I would say that conservatives fairly consistently support the use of unusual powers. Remember that, as I see it, conservatives’ main focus is on the struggle between civilization and barbarism. Through that lens, provided that you see our side as representing civilization and the members of terror organizations as representing barbarism, drone strikes look good. I would say that libertarians are fairly consistent on the opposite side, because libertarians fundamentally distrust government exercise of power.
6. I think of the essence of progressivism as being on the side of the oppressed against the oppressors. I suspect, as does Greenwald, that because progressives see Obama as on the side of the oppressed they have difficulty imagining that he would abuse power. That does not strike me as a very charitable interpretation of the progressive position. Can one do better?