Saturday 5th September 2015

Home » Featured Today » Currently Reading:

Freedom For Me, But Not For Thee

March 22, 2014 Featured Today No Comments

By ANDREW P. NAPOLITANO

Initially, I was gratified to learn that Sen. Dianne Feinstein (D., Calif.), the chair of the Senate Intelligence Committee, was unafraid to take on the Central Intelligence Agency (CIA) over the issue of domestic spying.
The CIA is limited by its charter to stealing secrets from foreigners outside the U.S. However, in a recent dust-up, Feinstein took to the Senate floor to accuse the CIA of spying on staff members of her committee while they were examining CIA documents in Virginia. This may be the first acknowledgment by any senior government official who walks the halls of the intelligence community that the CIA engages in domestic spying.
For five years, the Senate Intelligence Committee has been examining classified CIA materials involving CIA use of torture during the Bush administration. It is doing so because a now retired CIA official admitted destroying evidence of torture. We may never know what torture the CIA was authorized to engage in, but we can conclude that along with its counterpart in the House, the Senate Intelligence Committee has either looked the other way or expressly approved CIA behavior that well transcends its charter. This unlawful behavior includes not only torture, but also killing Americans via the use of drones, and small-scale unpublicized warfare.
So, you can imagine the glee this defender of personal freedom and the rule of law initially felt when I learned that the CIA’s erstwhile champion had had what appeared to be a change of heart. Feinstein surely is the most effective defender of the intelligence community on Capitol Hill. Until last week, she publicly supported and shielded but never criticized the massive spying on Americans by the National Security Agency (NSA), the CIA’s cousin. She must have supported the CIA’s torture, killings, and warfare — but something about the torture caused her to induce her committee to engage in a full-scale investigation of the Bush-era torture her committee must have approved.
I say “must have” because, in this weird post-9/11 world, Congress does not review the CIA’s behavior or expand its powers; these two congressional committees do. Because Congress chartered the CIA, and because the CIA charter does not contemplate behavior beyond stealing foreign secrets, and because only Congress can change federal laws, any expansion of the CIA’s duties not authorized by Congress is unconstitutional — and yet aside from the point I address here.
The point I address here is that Feinstein’s outrage was directed at CIA domestic spying for the wrong reasons. She not only expressed no outrage over NSA spying, including upon her 37 million California constituents, but she approved it. The CIA behavior that she condemns is the unapproved or unreported torture and the domestic spying on a dozen persons in another branch of government. The NSA behavior that she approves is spying on all Americans all the time. All of this behavior goes to the heart of personal liberty in a free society.
At that heart is the principle of personal sovereignty — the idea that individuals are sovereign and the state is merely one instrument with which to protect that sovereignty.
Yet the government of which Feinstein approves has been assaulting personal sovereignty by destroying personal privacy. Privacy is not only a natural right — it exists by virtue of our humanity — but it has sound historical and textual roots. A natural right is an area or zone of personal behavior that may not be interfered with by the government, no matter whose good that interference might serve.
The historical roots of privacy are the now well-known numerous instances of colonial antipathy toward the British practice of general warrants. General warrants were issued by British judges to British agents in London in secret, and they permitted and authorized British agents in America to search wherever they wished for whatever they sought. Sound familiar?
The textual roots of privacy have been identified by the Supreme Court in numerous places in the Constitution, not the least of which is the Fourth Amendment prohibition of searches and seizures without warrants that identify the target and that are based on the probable cause of criminal behavior of the target.
Feinstein’s farrago against the CIA was forceful yet personal. She has defended certain forms of torture when employed by the CIA to obtain intelligence from the victims of the torture. Yet she has deplored certain forms of torture — without identifying them — because the CIA apparently did not seek the permission of the congressional committees in advance or misrepresented the nature and severity of the torture to the committees afterward.
Her committee was undertaking an investigation into this unreported or under-reported torture when it noticed that the CIA had hacked into its computers. That hacking, which the CIA has denied, caused her to rip into the CIA on the Senate floor.
Do you see where Feinstein and her colleagues have taken us? They have taken us to a secret government willing to crush natural rights to privacy and bodily integrity — but only if Feinstein and her dozen or so congressional colleagues approve.
Is she seeking to expose torture because it is immoral, unlawful, unconstitutional, and un-American or because she had not approved of it? Is she angry because the CIA illegally spied in the U.S. or because the CIA illegally spied in the U.S. on her staff? Who can be intellectually honest about anger over spying on a handful of colleagues and indifferent to or even supportive of spying on hundreds of millions of Americans?
You get the picture. She has no problem with experiments with our liberties, unless she and her staff are the victims.
If the government truly derives its powers from the consent of the governed, it must recognize that in areas of natural rights — speech, press, worship, self-defense, travel, bodily integrity, privacy, etc. — no one, not even a well-intended majority, can consent to their surrender for us. James Madison knew this when he argued that experiments with our liberties would be the beginning of the end of personal freedom.
We are now well beyond that beginning.

+    +    +

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.

Share Button

Comment on this Article:

Untitled 3

Pope FrancisAn Open Letter To His Holiness Pope Francis      Given the controversy and confusion surrounding the 2014 Synod on the Family, the staff of The Wanderer and its supporters thought it appropriate to address Pope Francis with an open letter . . .

Head of CDF, Cardinal Müller warns of a split as big as the Reformation

The Prefect of the CDF, Cardinal Gerhard Müller, has criticized in Regensburg on Tuesday a “climate of the German claim to leadership for the whole universal Church”. At a book presentation, he pointed out the high number of people leaving…Continue Reading

When Defiance of Marriage Law Was Hailed as Heroic

Kim Davis, the county clerk in Kentucky who will not issue marriage licenses to anyone because, she says, she cannot in good conscience issue them to same-sex couples is being sharply criticized for lawlessness and abuse of her office. Consider…Continue Reading

Good News . . . Brief update on Father John Corapi

A bit of good news to share: A reliable source has informed me that Father John Corapi, a popular priest among orthodox Catholics who departed public life after a tumultuous period a few years ago, remains in the priesthood and…Continue Reading

9th Shocking Video: Planned Parenthood Sells Intact Aborted Babies, One “Just Fell Out” of the Womb

The Center for Medical Progress released a new video this morning — the 9th in its series of videos catching the Planned Parenthood abortion business selling aborted babies and their body parts. This latest video catches a Planned Parenthood medical…Continue Reading

All priests will be able to forgive sin of abortion during Jubilee for Mercy

September 1, 2015 7:33 AM Vatican City, Sep 1, 2015 / 06:33 am (CNA/EWTN News).- In a new set of pastoral guidelines for the upcoming Holy Year of Mercy Pope Francis has made some significant moves, allowing all priests to…Continue Reading

Cardinal Francis Arinze: 50 years as a Bishop

Yesterday Saturday 29 August 2015, Francis Cardinal Arinze, 82, marked fifty years as a Bishop. In an interview with Vatican Radio’s English Africa Service to mark to the milestone, Cardinal Arinze was in high spirits. Although now retired and living…Continue Reading

Russians to construct ‘the tallest statue of Jesus Christ in the world’

Towering 80 meters monument to ‘Christ the Teacher’ by Zurab Tsereteli to find home in Vladivostok, Christian Telegraph reports according to RISU. The statue was cast in 2013 by Tsereteli, the famous Georgian-Russian sculptor, known for his gigantic projects such…Continue Reading

If You Still Support Planned Parenthood, You Are Simply Not A Decent Person

Another Planned Parenthood video has been released. I promised I would write about every new video that comes out, so here is my write up on the latest. Please read and share. I don’t usually ask you to share things…Continue Reading

“Catholic” Group Sends Cakes to Thank Planned Parenthood Staff After It Sells Aborted Babies

Apparently, Catholics for Choice want their friends at Planned Parenthood to know how appreciated they are since they will be “harassed” tomorrow at the protests across the country regarding their organ harvesting business.  As LifeNews previously reported, tens of thousands…Continue Reading

Facebook’s very (very) suspicious ‘trending’ Planned Parenthood story

Update Aug. 20, ’15 at 7:54 AM EST: I woke up this morning, and lo and behold, the “trending” news topic had changed. It now reads, “7th video critical of organization released by anti-abortion group.” That’s more like it. I…Continue Reading

Questions raised after pro-life activist Twitter accounts suspended without warning: one now restored

ONTARIO, August 20, 2015 (LifeSiteNews) — A pro-life activist campaigning against Liberal leader Justin Trudeau’s abortion extremism as well as a pro-life organization on a mission to show the violent reality of abortion through large graphic billboards had their Twitter…Continue Reading

Archbishop Cordileone thankful for San Francisco teacher contract agreement

San Francisco, Calif., Aug 23, 2015 / 06:07 am (CNA/EWTN News).- Efforts to promote Catholic culture in the San Francisco archdiocese’s high schools and to agree on a contract acceptable for the schools’ teachers concluded on Wednesday with a new…Continue Reading

Newsmax

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our new website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for over 145 years in our weekly print edition. Now we are introducing the online daily version of our print journal.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 145 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

A Powerful Weapon: 15 Quotes on the Holy Rosary

We live in evil times. I hardly need elaborate the multitude of crises that fill the globe. Sadly, many are being swept away by this flood of evil and are succumbing to an overwhelming anxiety and discouragement. But no matter how tempting it is, we must not shrink back. We must pray and fast with a living faith and a firm confidence—and there is no better way to…Continue Reading

12 Ways to Become a Committed Catholic Man

There is a Catholic “man-crisis.” Large numbers of men who were baptized Catholic have left the Church and the majority of those who remain are “Casual Catholic Men”, men who do not know the Catholic faith and don’t practice it. This large-scale failure of Catholic men to commit themselves to Jesus Christ and His Church has contributed to the accelerating…Continue Reading

Today . . .

Pope Francis: Sowing divisions is a sickness in the Church

pope893

(Vatican Radio) Pope Francis says sowing divisions and discord is a sickness within the Church and described a person who indulges in gossip as like a terrorist who throws bombs. His comments came during his homily at his Friday (4th September) Mass in the Santa Marta residence. Taking his inspiration from St Paul’s letter to the Colossians where the Apostle spoke of how Christ was sent by God to sow reconciliation and peace among humanity,…Continue Reading

Pope Francis: The astonishment at the encounter with Jesus

(Vatican Radio) The capacity to recognize ourselves as sinners opens us to the astonishment at the encounter with Jesus: that was the message of Pope Francis Thursday morning during Mass for the feast of Saint Gregory the Great, Pope and Doctor of the Church. Pope Francis’ homily focused on the day’s Gospel reading which tells the story of the miraculous catch of fish. After working throughout the night without catching anything, Peter, trusting in Jesus,…Continue Reading

General Audience: love of family combats city desertification

(Vatican Radio) An estimated 15 thousand people were in St Peter’s Square for the Pope’s General audience on Wednesday, as he continued his catechesis on the family, which this week focused on the importance of families in spreading the faith. The Holy Father underlined that by creating the foundations of a solid faith in the home, the fruits are revealed in a more humane society. The Pope said that the alliance of the family with…Continue Reading

Saints Will Welcome Families, Pope to Philadelphia

St. John Neumann Was Bishop of the City and St. Katharine Drexel Was Born Here United States of America, August 31, 2015 (ZENIT.org) Staff Reporter When Pope Francis and thousands of families arrive next month to Philadelphia, they are sure to be welcomed by two saints with ties to the city. Fr. Thomas Rosica, English-language assistant for the Vatican press office, has compiled the following biographies: * * * ST. JOHN NEPOMUCENE NEUMANN, C.SS.R. (1811-1860)…Continue Reading

Restoring The Sacred… A Champion of Fitting Worship

By JAMES MONTI On a recent visit to the chapel of a Catholic nursing facility I observed an elderly resident arriving with her walker to spend time in the presence of the Lord. With her infirmity she obviously could not be expected to offer anything more than a gentle nod toward the Tabernacle before transferring…Continue Reading

A Book Review . . . This Belongs On Every Catholic Pro-Lifer’s Bookshelf

By REY FLORES Redeemed by Grace — A Catholic Woman’s Journey to Planned Parenthood and Back by Ramona Trevino with Roxane Salonen. Ignatius Press: 2015; hardcover, $17.95; 157 pages. To order, visit ignatius.com or call 1-800-651-1531. Almost anyone who is either Catholic or involved in the pro-life cause has heard of Abby Johnson. Johnson, of…Continue Reading

Reconnecting With Mary . . . The Sabbatine Privilege

By DONAL ANTHONY FOLEY We recently celebrated, on July 16, the Feast of Our Lady of Mount Carmel, which, according to tradition, is associated with the giving of the Brown Scapular to St. Simon Stock on that date in 1251. The Blessed Virgin appeared to him with the scapular saying, “This will be for you…Continue Reading

Is Trumpism The New Nationalism?

By PATRICK BUCHANAN Since China devalued its currency 3 percent, global markets have gone into a tailspin. Why should this be? After all, 3 percent devaluation in China could be countered by a U.S. tariff of 3 percent on all goods made in China, and the tariff revenue used to cut U.S. corporate taxes. The…Continue Reading

The Family Synod’s Instrumentum Laboris Presents Many Grave Problems

By MAIKE HICKSON After reading the Instrumentum Laboris (working document) for the upcoming October 2015 Ordinary Synod of Bishops on the Family, when it was first published in June, the author of this short article was somewhat stunned and increasingly troubled. Yet I was soon helped by others to acquire a better understanding. It is…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Catholic Replies

Q. The Supreme Court has a history of immoral decisions, such as declaring black slaves as property, permitting credit card companies to charge usurious interest rates, allowing the public sale of contraceptives, okaying the killing of unborn babies, and approving sodomy. What’s next? Polygamy? Incestuous “marriage”? Person-animal “marriage”? It would appear that we are on a par with Sodom of…Continue Reading

Take Up Your Cross

By FR. ROBERT ALTIER Twenty-Fourth Sunday In Ordinary Time (YR B) Readings: Isaiah 50:5-9a James 2:14-18 Mark 8:27-35 Faith is a great gift and, given the times in which we live, it is more necessary than ever that we have our faith. However, in the second reading today St. James says that faith without works is dead. He then gives…Continue Reading

Communiqué Issued at the end of the Pro-Life Conference In Accra, Ghana (August 8-9

Preamble In response to the increasing violation of the sanctity and dignity of human life and the continuing culture of death in Ghana and around the world, and in line with Pope Francis’ call for the need to sustain and support marriage and family life, the Ghana Catholic Bishops’ Conference, the priests, religious and laity of the Catholic Church in…Continue Reading

End Media Blackout On Planned Parenthood Baby Parts Scandal

By FR. KEVIN M. CUSICK The baby parts sale scandal at Planned Parenthood is being aided and abetted by another scandal: the refusal of vast portions of the mainstream media to cover the issue. The release of numerous videos that detail the brutal and criminal killing and dismembering even of babies outside of the womb in order to obtain body…Continue Reading

An Apologetics Course… The Man Jesus — Humanity At Its Perfection

By RAYMOND DE SOUZA, KM Part 17 What was Jesus like, as a Man? We know about His divinity, we believe in it, but what was He like in His daily life with people in general? We call this topic investigating the Sacred Humanity of Our Lord Jesus Christ, or, more simply, Jesus the Man. In an obscure province of…Continue Reading

Catholic Heroes… St. Joseph Of Cupertino

By CAROLE BRESLIN Now that the school year has begun, students — especially Catholic students — will find recourse to their favorite patron saint of studying. Some may choose St. Thomas Aquinas or St. Augustine of Hippo. For those students who find it difficult to retain what they read and write about it, perhaps this saint will encourage them: St.…Continue Reading

Catholic Heroes . . . St. Aidan

By CAROLE BRESLIN The Church names many saints as patrons of certain professions, troubles, or countries. St. Benedict is the patron saint of Europe. As the father of Western monasticism, he is credited with building Western civilization. St. Catherine of Siena is also a patron of Europe since she played important roles in settling both civil and ecclesiastical disputes. St.…Continue Reading