The Disenchanted Election

I learned at the age of 10, when I was shipped off to a New England boarding school where the hazing of younger boys was the principal form of recreation, that those who hunger for power are psychopathic bastards. The bullies in the forms above me, the sadistic masters on our dormitory floors, the deans and the headmaster would morph in later life into bishops, newspaper editors, college presidents, politicians, heads of state, business titans and generals. Those who revel in the ability to manipulate and destroy are demented and deformed individuals. These severely diminished and stunted human beings-think Bill and Hillary Clinton-shower themselves, courtesy of elaborate public relations campaigns and an obsequious press, with encomiums of piety, patriotism, devoted public service, honor, courage and vision, not to mention a lot of money. They are at best mediocrities and usually venal. I have met enough of them to know.

So it is with some morbid fascination that I watch Barack Obama, who has become the prime “dominatrix” of the liberal class, force us in this election to plead for more humiliation and abuse. Obama has carried out a far more egregious assault on our civil liberties, including signing into law Section 1021(b)(2) of the National Defense Authorization Act (NDAA), than George W. Bush. Section 1021(b)(2), which I challenged in federal court, permits the U.S. military to detain U.S. citizens, strip them of due process and hold them indefinitely in military facilities. U.S. District Judge Katherine B. Forrest struck down the law in September. The Obama administration immediately appealed the decision. The NDAA has been accompanied by use of the Espionage Act, which Obama has turned to six times in silencing whistle-blowers. Obama supported the FISA Amendment Act so government could spy on tens of millions of us without warrants. He has drawn up kill lists to exterminate those, even U.S. citizens, deemed by the ruling elite to be terrorists. [..]

The only recognizable basis for moral and political authority, in the eyes of the elite, is the attainment of material success and power. It does not matter how it is gotten. The role of education, the elites believe, is to train us vocationally for our allotted positions and assure proper deference to the wealthy. Disciplines that prod us to think are-and the sneering elites are not wrong about this-“political,” “leftist,” “liberal” or “subversive.” And schools and universities across the country are effectively stomping out these disciplines. The elites know, as Canetti wrote, that once we stop thinking we become a herd. We react to every new stimulus as if we were rats crammed into a cage. When the elites push the button we jump. It is collective sadomasochism. And we will get a good look at it on Election Day.

Where do the abuses of the last decade from Bush and Obama rank when compared to prior assaults in the name of war?

The following interesting question arose yesterday from what at first appeared to be some petty Twitter bickering: who was the worst president for civil liberties in US history? That question is a difficult one to answer because it is so reliant upon which of many valid standards of measurement one chooses; it depends at least as much on the specific rights which one understands the phrase “civil liberties” to encompass. That makes the question irresolvable in any definitive way, but its examination is nonetheless valuable for the light it sheds on current political disputes.

It’s worthwhile first to set forth the context in which the question arose. At their Lawfare blog, Ritika Singh and Benjamin Wittes posted an excerpt of an essay they wrote for a new book on the War of 1812; their essay pertains to the impact of that war on civil liberties and executive power. The two Brookings writers note that despite intense domestic opposition to the war, President Madison “eschewed the authority to detain American citizens in military custody or try them in military tribunals, and more generally, declined to undertake the sorts of executive overreaches we have come to expect – and even encourage – from our presidents in war.” [..]

But in terms of the role played by war in enabling civil liberties assaults, at least the exploited wars are usually real. In the case of the “War on Terror”, it is far more illusory and frivolous than real. That – along with their permanence – is a major factor in determining where the civil liberties erosions of the last decade, and the presidents responsible for them, rank in history.