Thursday, January 12, 2006

Ten Libertarian questions

If it shows up at both Freedom Democrats and at Right-Thinking, it must be good. With due tribute to Reason, here's 10 questions.

1) Should the National Security Agency or CIA have the ability to monitor domestic phone calls or e-mails without obtaining judicial approval?

2) Should the government have the ability to hold an American citizen without charge, indefinitely, without access to a lawyer, if he is believed to be part of a terrorist cell?

3) Can you imagine a situation in which the government would be justified in waterboarding an American citizen?

4) Are there American journalists who should be investigated for possible treason? Should Sedition laws be re-introduced?

5) Should the CIA be able to legally assassinate people in countries with which the U.S. is not at war?

6) Should anti-terrorism cops be given every single law-enforcement tool available in non-terrorist cases?

7) Should law enforcement be able to seize the property of a suspected (though not charged) American terrorist, and then sell it?

8) Should the U.S. military be tasked with enforcing domestic crime?

9) Should there be a national I.D. card, and should it be made available to law enforcement on demand?

10) Should a higher percentage of national security-related activities and documents be made classified, and kept from the eyes of the Congress, the courts, and the public?

My answers:
1. No. Some oversight required.
2. Hell no. More than some oversight required.
3. No.
4. Maybe. It's is possible for a journalist to committ treason. I advocate we exercise that thing we have...you know, the law.
5. Yes. If war is ever a proper course of action within a State's rights (see Just War theory) then assassination is too. That having been said, you can't go killing everyone willy-nilly, it too requires just criteria: something like a Just Assassination Doctrine. Now that I've claimed this right for the US, who holds it? I believe (in a parallel to war), Congress (or some subset of it) makes the determination, and of course the Executive executes it.
6. No. For one, torture is not a tool. Spying is permissable only when the courts rule that public safety warrants the personal intrusion.
7. Of course not.
8. Not ordinarily. Exceptions to situations where criminals are driving tanks or hijacking planes.
9. Yes, but simply for efficiency reasons. It is ridiculous to not have one already.
10. Nothing should be kept from Congress and none from the courts. As for the people, "a higher percentage" depends on where we are now. I doubt it.

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