Can We be More Free?
I have been wondering recently about the FISA court (overlooking the fact that the Bush administration usually goes around it) and the method by which warrants are issued and executed ex parte (with the defendant not present or notified). If one were to frame this as a deprivation of liberty without due process, possibly violating the Fifth Amendment, a reasonable rebuttal (one championed by the Bush administration) is that Article II Section 2 in combination with various laws passed by Congress (the Patriot Act being one often cited) give the President the power to deprive people of their liberty without due process in order to ensure the security of the United States. Put another way, one may conclude that the President has the power to take a way a little bit of your liberty to attempt to preserve someone else’s based on a perceived threat.
Put in this context, here’s my question: do we want to give our government unchecked power to decide how much liberty we get or give up?
Update: The Bush Administration cites the Joint Resolution Authorizing the Use of Military Force, which authorizes the “use of all necessary and appropriate force” - not the Patriot Act.