Tag: Government and Politics

Subversive Patriotism: A Constitution Day Reminder

In Washington earlier this month, one person’s words in the New York Times were were deemed a threat to national security by those at whom they were aimed.

An anonymous Trump administration official was labeled “a seditious traitor who must be identified and prosecuted for illegal conduct” for exercising his or her 1st Amendment rights by publishing an op-ed in the September 5 edition of the New York Times. Vice President Pence stated that the op-ed writer’s actions inside the Administration—trying to limit what the writer believes is the damage President Trump is doing daily to the United States—is “an assault on our democracy”—a notion unhinged from any semblance of reality. 

Like everyone else working in the Trump administration, the author of the op-ed took the same oath I did when I served in the federal government, the text of which is federal law: 5. U.S.C. § 3331. Here’s the text:

I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

The oath makes no reference to pledging fealty to whoever happens to be President. It is a pledge of loyalty to our form of government, not an individual. The notion that the Justice Department even has a basis to prosecute the writer does not pass the laugh test, much less constitutional muster.

The anonymous Trump administration official—and if he or she is to be believed, many more working for Trump—views him as a domestic threat to the American people and the Constitution itself. Democrats and others on the political left have viewed Trump that way since he won the Electoral College vote in November 2016. Clearly others in the Administration now view Trump the same way.

Introducing “American Big Brother: A Century of Political Surveillance and Repression”

The public relations and legal battle between the Federal Bureau of Investigation and Apple over the company’s use of encryption has put the focus on executive branch surveillance in a way not seen since Edward Snowden’s revelations almost three years ago. However, as the historical record demonstrates, the FBI’s domestic spying on the American public dates almost from the Bureau’s creation in July 1908. In the years that followed the FBI’s birth, other federal agencies–some civilian, some military–initiated their own warrantless domestic surveillance operations. Throughout this period, Congress was more frequently aiding and abetting this surveillance and repression, rather than preventing it or reining it in.

As the showdown between Apple and the FBI illustrates, what has changed is the technology used to accomplish the surveillance–technology that now gives federal law enforcement and intelligence agencies the ability to surreptitiously access the computers, smartphones, and even home appliances of tens of millions of Americans.

Today, the Cato Institute is launching a timeline that chronicles the history and implications of these developments: American Big Brother: A Century of Political Surveillance and Repression.

Too often, federal domestic surveillance of citizens was a prelude to government actions aimed at subverting civil society organizations opposed to American involvement in foreign wars, aiding conscientious objectors, advancing civil rights and political autonomy for people of color, the creation of labor unions, and even surveillance of candidates running for or holding office–including members of Congress and presidential contenders.  

As political scientist Robert Justin Goldstein noted in his 1978 book, Political Repression in Modern America: 1870-1976, “American social scientists have not seriously considered political repression as one important factor which helps explain the narrowness of the American political spectrum…” Put differently, through the use of surveillance, agent provocateur’s, and outright violence, federal officials often decided what political views were or were not permissible to hold and practice in the American political system.