Three new stories on the homepage today, including a piece by the editors on the actions of Eric Snowden and their implications for privacy and national security:
It is axiomatic that fighting clandestine terrorist groups requires clandestine methods. Sources and allies must be protected; in preemptive actions the element of surprise must be preserved. Secrets about ongoing investigations cannot be compromised without jeopardizing counterterrorism efforts. It is harder to justify keeping such details secret after the fact. Judgments about the trade-offs between privacy and safety cannot be made unless the American people know what the government has done in our name. Even if everything the government does to combat terrorism is technically legal, not everything legal is prudent, wise, or morally justified.
As a nation, we rely on a system of checks and balances to prevent an excessive concentration of state power. Those checks and balances are strained to the breaking point during times of war, and especially during a war as ill-defined and open-ended as the fight against terrorism. Congress is notoriously pusillanimous when it comes to national-security issues. The courts, meanwhile, are loath to intervene, preferring to leave the conduct of “war” to the other two branches. The executive rarely passes up an opportunity to expand its war-making powers. The result is the steady accumulation of influence by the nation’s security agencies. As political philosopher and former Clinton administration official William A. Galston recently observed, “It may be true that as currently staffed and administered, the new institutions of surveillance do not threaten our liberties. It is also true that in the wrong hands, they would make it much easier to do so.”
Also, E. J. Dionne Jr. comments on the political activism of the Supreme Court’s conservative wing in light of this week’s ruling on the Voting Rights Act:
Whenever conservatives on the court have had the opportunity to tilt the playing field toward their own side, they have done so. And in other recent cases, the court has weakened the capacity of Americans to take on corporate power. The conservative majority seems determined to bring us back to the Gilded Age of the 1890s.
The voting rights decision should be seen as following a pattern set by the rulings in Bush v. Gore in 2000 and Citizens United in 2010.
Bush v. Gore had the effect of installing the conservatives’ choice in the White House and allowed him to influence the court’s subsequent direction with his appointments of Roberts and Justice Samuel Alito.
Citizens United swept aside a tradition going back to the Progressive Era -- and to the Founders’ deep concern over political corruption -- by vastly increasing the power of corporate and monied interests in the electoral sphere.
Tuesday’s Shelby County v. Holder ruling will make it far more difficult for African-Americans to challenge unfair electoral and districting practices. For many states, it will be a Magna Carta to make voting more difficult if they wish to.
The Constitution, through the 14th and 15th Amendments, gives Congress a strong mandate to offer federal redress against discriminatory and regressive actions by state and local governments. As Justice Ruth Bader Ginsburg noted in her scalding but very precise dissent, “a governing political coalition has an incentive to prevent changes in the existing balance of voting power.”
Finally, Eve Tushnet writes on the Metropolitan Opera’s recent production of Frances Poulenc’s Dialogues of the Carmelites:
This is an opera of questions. The questions are spiritual and psychological rather than historical. Dialogues isn’t especially interested in the French Revolution as such…. [F]or the most part you could set Dialogues in the Roman Empire under Diocletian and its central concerns would be the same. What does it mean to die well? Are there bad ways to be a martyr for Christ? If you die for God, does that cancel out all your prior weakness and irresolution? And conversely, if you die in fear and anguish, is that the final verdict on your life despite all the courage you showed in better days?