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The Party of Fear, the Party Without A Spine, and the National Surveillance State

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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 10:38 AM
Original message
The Party of Fear, the Party Without A Spine, and the National Surveillance State
http://www.afterdowningstreet.org/?q=node/25457

The Party of Fear, the Party Without A Spine, and the National Surveillance State
Submitted by cactuspat on Mon, 2007-08-06



The passage of the new FISA bill by the Senate and now the House demonstrates that the Democrats stand neither for defending civil liberties nor for checking executive power.

They stand for nothing at all...

Conversely, the new bill shows that the Republican Party can get the Democrats to surrender almost any civil liberty-- indeed, to give the President just as much unchecked power as he might obtain under a Republican controlled Congress-- simply by playing the fear card repeatedly and without shame. And this the Republicans did with gusto in the past few days, with one Senator even suggesting that America would immediately be attacked if the President was not given everything he wanted, no matter how unnecessary the demands, and no matter what alternatives were available.

When the Republican-controlled Congress passed the abomination called the Military Commissions Act of 2006, I criticized Democrats who failed to block it, calling them spineless and cowardly. At least then the Democrats had the defense that they were in the minority. One can hardly say that now. They control both houses of Congress. If anyone could stand up to the President, you would think it would be a political party that had not one, but two separate chances to push back. Indeed, how difficult should it be, you might well ask, to say no to a lame duck President with 28 percent approval ratings? What is the political cost to forcing this spoiled child to compromise?

Behind the current events is a more troubling trend. As Sandy Levinson and I have written, we are in a gradual transition from a National Security State to a National Surveillance State. We pointed out that although the Republicans got first crack at constructing many features of this emerging state, it would be a bipartisan effort. The only issue will be what kind of national surveillance state we would have, and whether government would put in place the appropriate checks and balances to protect civil liberties, prevent the multiplication of secret laws and secret methods of enforcement, and restrain an increasingly ambitious executive.

So far the answers to this question have not been reassuring. Whether controlled by Republicans or Democrats, Congress seems willing to bestow more and more unaccountable power to the President of the United States. The Democratic Party, which has long prided itself on its support for civil liberties, seems altogether to have lost its soul, and the Republican Party, which long contained a strong element of libertarianism and respect for individual freedom-- particularly in economic matters-- has given up any claims to providing a counterweight to a deluded and incompetent President.

snip//

Do not be mistaken: We are not hurtling toward the Gulag or anything that we have seen before. It will be nothing so dramatic as that. Rather, we are slowly inching, through each act of fear mongering and fecklessness, pandering and political compromise, toward a world in which Americans have increasingly little say over how they are actually governed, and increasingly little control over how the government collects information on them to regulate and control them. Slowly, secretly and imperceptibly, the mechanisms of government surveillance are being freed from methods of political control and accountability; and the liberties of ordinary citizens are being surgically removed under a potent anesthesia concocted from propaganda, fear, ignorance and apathy.

I hope the Democrats are justly proud of themselves for their cowardly contributions to this slow-motion destruction of our constitutional system.

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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 10:45 AM
Response to Original message
1. The Republic was stabbed to death by Republican and Democratic daggers
Now that there is no longer a Constitution, under this un-American "unitary" Presidency, why bother with elections at all?
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ixion Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 10:52 AM
Response to Reply #1
2. They don't, really. There is only the show of "free elections"
but they aren't really, for all basic intents and purposes.
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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 01:30 PM
Response to Original message
3. Spineless, cowardly and lily-livered would not began to describe the monstrosity of this
travesty.
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Hydra Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 01:41 PM
Response to Original message
4. Thanks Babylonsis!
Wanna help me when I start running around town breaking security cameras with my baseball bat?
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Faryn Balyncd Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 02:12 PM
Response to Original message
5. Author is Jack Balkin - Professor of Constitutional Law at Yale Law School


Here's Prof. Balkin's original posting at his blog....

The Party of Fear, the Party Without A Spine, and the National Surveillance State
http://balkin.blogspot.com/2007/08/party-of-fear-party-without-spine-and.html






Jack M. Balkin

Knight Professor of Constitutional Law and the First Amendment (on leave: spring term)
Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Professor Balkin received his Ph.D. in philosophy from Cambridge University, and his A.B. and J.D. degrees from Harvard University. He served as a clerk for Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit. He is a member of the American Academy of Arts and Sciences. Professor Balkin writes political and legal commentary at the weblog Balkinization. He is the founder and director of the Information Society Project at Yale Law School, an interdisciplinary center that studies law and the new information technologies. His books include Cultural Software: A Theory of Ideology, The Laws of Change: I Ching and the Philosophy of Life, Processes of Constitutional Decisionmaking (5th ed., with Brest, Levinson, Amar and Siegel), Legal Canons (with Sanford Levinson), What Brown v. Board of Education Should Have Said, and What Roe v. Wade Should Have Said.

Education
Ph.D. (Philosophy), Cambridge, 1995
J.D., Harvard, 1981
A.B., Harvard, 1978

Courses Taught
Access to Knowledge Practicum: The First Amendment
Constitutional Law
First Amendment
A Framework for Access to Knowledge
The Information Society









".......Do not be mistaken: We are not hurtling toward the Gulag or anything that we have seen before. It will be nothing so dramatic as that. Rather, we are slowly inching, through each act of fear mongering and fecklessness, pandering and political compromise, toward a world in which Americans have increasingly little say over how they are actually governed, and increasingly little control over how the government collects information on them to regulate and control them. Slowly, secretly and imperceptibly, the mechanisms of government surveillance are being freed from methods of political control and accountability; and the liberties of ordinary citizens are being surgically removed under a potent anesthesia concocted from propaganda, fear, ignorance and apathy."







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Hydra Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 02:59 PM
Response to Reply #5
7. He's wrong about the last part
We're not inching, we're hurtling toward Galug at subsonic speeds. All the pieces are now in place, and Bush just sent a clear message to anyone who opposes him- "I own this place! Don't you dare expose my illegal programs again!"

Only the loons like me are going to fight that.
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Faryn Balyncd Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 06:52 PM
Response to Reply #7
9. Do you think that understatement may sometimes be more powerful than hyperbole?
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John Q. Citizen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 02:21 PM
Response to Original message
6. good post. n/t
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-06-07 03:47 PM
Response to Original message
8. Amazing that the Internet allows us to examinethe Age of Amerikan Caesars
WHILE IT IS HAPPENING.

And yet, we can still do nothing about it, it seems.

Amazing.

What was the Easter Islander who cut down the last tree thinking?
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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-07-07 02:46 AM
Response to Reply #8
10. And Attorney General Gonzales reads what we write, hears what we say
all thanks to our brave Democratic Congress, which seems to have taken their cues from the Reichstag under Goebbels.
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-07-07 05:28 AM
Response to Reply #10
11. Oh yes. It is wise to assume that everything on your computer is known to the Royal Bushies
and their National Spy Apparatus.

The exponentially increasing power of the computer makes it so.
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LordJFT Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-07-07 04:22 PM
Response to Original message
12. the democratic party in general is not spineless, only a handful of blue dogs are
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