Unitary authority

Christopher Hitchens: Should the Government Keep Secrets? National Security Debate (1987)

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• published: 15 Sep 2014
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National security is the requirement to maintain the survival of the state through the use of economic power, diplomacy, power projection and political power. The concept developed mostly in the United States after World War II. Initially focusing on military might, it now encompasses a broad range of facets, all of which impinge on the non military or economic security of the nation and the values espoused by the national society. Accordingly, in order to possess national security, a nation needs to possess economic security, energy security, environmental security, etc. Security threats involve not only conventional foes such as other nation-states but also non-state actors such as violent non-state actors, narcotic cartels, multinational corporations and non-governmental organisations; some authorities include natural disasters and events causing severe environmental damage in this category. Measures taken to ensure national security include: using diplomacy to rally allies and isolate threats marshalling economic power to facilitate or compel cooperation maintaining effective armed forces implementing civil defense and emergency preparedness measures (including anti-terrorism legislation) ensuring the resilience and redundancy of critical infrastructure using intelligence services to detect and defeat or avoid threats and espionage, and to protect classified information using counterintelligence services or secret police to protect the nation from internal threats The measures nearly universally adopted around the world to maintain national security in the face of the possible threats has led to ongoing dialectic struggle, particularly in liberal democracies, between government authority and civil and human rights. These are natural tensions of the process of maintaining self-determination and sovereignty and keeping the rights and freedoms of individuals. Although national security measures are imposed to protect society as a whole, many such measures may restrict the rights and freedoms of individuals in society. Where the exercise of national security laws and powers is not subject to good governance, the rule of law, and strict checks and balances, there is a risk that national security may simply serve as a pretext for suppressing unfavorable political and social views. Measures which may ostensibly serve a national security purpose, such as mass surveillance, and censorship of mass media, could ultimately lead to an Orwellian dystopia. In the United States, the controversial USA Patriot Act and other governmental actions has brought the issues of rights and freedoms to citizen's attention. Among questions raised: to what extent for the sake of national security individual rights and freedoms can be restricted, and how the restriction of civil rights for the sake of national security be justified in an absence of war. http://en.wikipedia.org/wiki/National_security Glenn Greenwald alleges that the Bush administration attempted to expand executive power, as evidenced by the unitary executive theory propagated by John Yoo. The theory suggests that the President, as Commander-in-Chief, cannot be bound by Congress or any law, national or international. By invoking the state secrets privilege in cases involving actions taken in the war on terror (i.e. extraordinary rendition, allegations of torture, allegedly violating the Foreign Intelligence Surveillance Act)[19] Greenwald opines the administration tried to evade judicial review of these claims of exceptional war powers. In effect, this is preventing a judicial ruling determining whether there is a legal basis for such expansive executive power.[13][20] With that in mind, applying this privilege makes impeachment the only possible means left for Congress to exercise their duty to uphold the checks and balances constitutionally intended to prevent abuse of power. http://en.wikipedia.org/wiki/State_secrets_privilege