Posts tagged ‘Eric Posner’

The Panic Imperative

Eric Posner writes:

Many legal academics claimed that courts should serve as fire walls
against the conflagration of fear. When the government locks someone
up, the courts should realize that in many cases either government
officials have panicked or are violating someone's civil liberties
merely to assure frightened citizens that something is being done. For
that reason, courts should treat the government's justifications with
skepticism, and never ever trust the executive branch.

These arguments have not yet surfaced in the current crisis. The
specter of fear is everywhere, not just on Wall Street. And the scale
of the government's reaction is no less than what it was after
9/11"‚ÄĚthat is what probably scares ordinary people the most. Yet no one
who believes that the government exploited fears after 9/11 to
strengthen its security powers is now saying that the government is
exploiting financial crisis fears in order to justify taking control of
credit markets. No one who thinks that government would use fear to
curtail civil liberties seems to think that government would use fear
to curtail economic liberties. Why not?

No one, except me of course.  From my October 1 discourse with a Democratic friend:

I find it surprising that you take this administration
on faith in its declaration of emergency in the financial sector.
You've lamented for years about the "rush to war" and GWB's scare
tactics that pushed, you felt, the nation into a war it should not be
fighting, all over threats of WMD's that we could never find.  You
lamented Democrats like Hillary Clinton "falling for this" in Congress

But now the mantra is the same - rush, rush, hurry, hurry, fear,
fear, emergency, emergency. Another GWB declared crisis in which the
country needs to give the administration unlimited power without
accountability and, of course, stacks of taxpayer dollars to spend.  A
decision that has to be made fast, without time for deliberation.
Another $700 billion commitment.     And here the Democrats go again.
Jeez, these guys may have the majority in Congress but it is sure easy
for GWB to push their buttons when he wants to.  Heck, Pelosi is acting
practically as the Republican Whip to get GWB's party in line.

This is Iraq without the body bags, and without the personal honor
of brave soldiers in the trenches to give the crisis some kind of
dignity.