FISA And The Unilateral Executive: Debating “A Dangerous Engine Of Arbitrary Government”

By: Christy Hardin Smith Friday March 14, 2008 8:35 am
Firedoglake.com

Alexander Hamilton statue via dbking.

To sustain individual liberties, we must consistently press elected officials to represent our rights in Congress.

Please call your elected Representative -- and the Blue Dogs as well -- and let them know that you expect them to stand for liberty: no telecom immunity, stand for the rule of law and vote for the Amendment to H. R. 3773. I am hearing the vote could come around 1 pm ET, although depending on GOP procedural shenanigans could be later. [Great statement from Rep. Holt on this today. (YouTube).]

Ben Franklin famously said that we have a Republic, if we can keep it. That charge to keep rests with all of us -- we must continue to work toward "a more perfect union" every day. It is our responsibility to demand better government, so that liberty is never sacrificed with a whimper, but with as loud a bang as we can muster.

Alexander Hamilton, James Madison and John Jay came up with an ingenious way to bring the Constitutional debate to citizens in NY state, as a way to encourage voters to ratify the Constitution over the prior Articles of Confederation. Today, the Federalist Papers are often used as a means of interpreting intent and background for various Constitutional provisions -- there were 85 essays in total. Additionally, there were the Antifederalist Papers from Patrick Henry and others debating safeguards for essential civil liberties, which ultimately led to the Bill of Rights.

In one such Federalist essay, Hamilton wrote:

To bereave a man of life (says he), or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government. (emphasis mine)

While this discusses habeas corpus, the principle is analogous to unchecked domestic spying potential of the federal government versus the rights of individuals "to be secure in their persons, houses, papers and effects" subject to lawful warrant being obtained through a court under the Fourth Amendment.
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