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October 2, 2007 MC 201 Recitation Not A Suicide Pact : National Security How much should we give up in order to be safe? o Technology has a tendency of making us think if we get it just right, we don’t have to think anymore – we’ll just catch the “bad guys”. Terrorists probably know these things so they won’t do these things in a way that makes them catchable by red flags. Is technology adequate to keep us secure? o At what point do we say that that is enough power? What liberties would we not give up? Any extreme measures that don’t benefit the good of the majority anymore As we increase security, we should be willing to give up liberty (fulcrum) – are we willing to do this or is there a point where we are not willing to go to? How much are we willing to give up to keep ourselves secure? All email and the web is a matter of the public domain Posner says that they won’t monitor you unless you are really considered dangerous because the numbers are too great
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Unformatted text preview: • The rejection of the English system in favor of our system: the institution responsible for security is separate from that which is responsible for legislation – Posner argues that it is better to be just the executive (not to legalize torture, but to utilize when necessary) • There are things that you don’t want to pass into law but want to do on certain occasions • The Supreme Court doesn’t pass amendments, it interprets the Constitution and the laws passed by Congress – Interpret, not create o How are constitutional amendments passed? Passed in House and Senate, and then ¾ of the states Passed by the people, NOT the Supreme Court The Court is controlled by the Constitution, not vice versa • The Supreme Court has become so strong that it inhibits the public to discuss, public deliberation, of the balance of security and liberty because we just let the Court make decisions instead of thinking it out on our own...
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