In the aftermath of the 9/11 attacks, the Bush administration crafted a legal theory and detention policy to handle accused terrorists. Nowhere was the policy more conspicuously problematic than at Guantánamo, where a total of 779 detainees were held and where today 166 remain after over ten years. The Bush administration referred to these...
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To live under tyranny is to live in fear—especially the fear of being arrested and jailed at the whims of the rulers. This is why America’s Founders regarded the right not to be detained arbitrarily as a cornerstone of liberty, and why they cherished the legal device they believed had secured that right: the...
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President Obama’s policies have been criticized by some as harming the economy. The “stimulus” policies he has put into place are not working, according to critics. Indeed, the economic recovery has been unusually slow. Here and here are two of the many articles critical of the president’s economic policies. When I Googled “stimulus not...
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The Spring 2013 issue of The Independent Review—the Independent Institute’s flagship scholarly journal, edited by Robert Higgs—is hot off the press. Below you’ll find links to articles and book reviews that address a host of intriguing questions: Why have domestic police agencies across the United States resorted increasingly to “no-knock” raids and other military-type...
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Joining those mourning the passing of Hugo Chavez in Venezuela recently, Sean Penn called him “a great hero to the majority of his people.” But how would he know? The final nail was driven into the coffin of independent journalism in Venezuela last week with the forced sale of the last remaining television network...
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Senator Rand Paul’s thirteen-hour filibuster of Obama’s appointee for CIA chief, John Brennan, was the ninth longest filibuster in U.S. history, and unlike most such spectacles in U.S. history, it concerned fundamental, core issues of American liberty. It will go down in the history books as one of the very few great moments in...
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The culmination of last night’s Oscars broadcast with a Live! feed from the White House with Mrs. Obama (hangin’ with her military BFs) marks the official recognition of the Presidency as theater: like the old Western sets, no substance required. From the very beginning, President Obama was elected based on his strong delivery of...
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Presidents’ Day should itself remind us that the executive branch has expanded its power way beyond what the nation’s founders had intended at the Constitutional Convention in 1787. We don’t have a “Congress or Judiciary Day.” The day celebrates powerful executives as caricatured celebrities. The founders had envisioned Congress, as the dominant branch of...
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Dianne Feinstein and some liberals have suggested that, if the president’s targeted killing policy is too unilateral, the remedy might be found in something modeled after the FISA court. Make no mistake: Such a court would be nothing more than a rubber-stamp. At best. In 1978, after Church Committee hearings exposed massive abuse of...
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The response to the leaked Obama administration document explaining its rationalization for targeted drone killings of American citizens has proven louder than I expected. Obama’s kill list was reported very early in his first term. In October 2011 I wrote about his summary execution of Anwar al-Awlaki. A few months ago it was reported...
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