Attorney general Eric Holder recently gave a speech defending the extrajudicial targeted killing of American citizens overseas. Emily Bazelon at Slate writes:
We know now that the Obama administration thinks its lawyers don’t have to get a judge’s approval before a top government official makes the call to assassinate someone. As Holder put it, " 'Due process' and 'judicial process' are not one and the same, particularly when it comes to national security." ...Holder didn’t explain how the administration arrived at the conclusion that due process within the executive branch is enough. He has refused to release the legal memo from the Office of Legal Counsel at the Department of Justice that must lay out how the administration got to here from there—the meat that was missing from his speech. And he didn’t say how the government arrived at the conclusion in September that it was OK to kill not just Anwar al-Awlaki, the radical American cleric in Yemen whom the government says is linked to underwear bomber Umar Abdulmutallab, but also Awlaki's son, Abdul Rahman al-Awlaki, who was also an American citizen.
Emily Bazelon is hardly a right-wing critic of the Obama administration, I might add, and Slate is no Fox News.
I want to draw your attention to one particular point that Ms. Bazelon makes in her piece:
... [I]f the Obama administration claims this kind of extra-judicial power for a few cases, what’s to stop the next president from expanding upon it—and citing this step as precedent for taking others that Obama wouldn’t countenance?
Indeed.
It's really gratifying to see this in print.
This is the point that some of us have been trying to make about the infringement on religious freedom that is inherent in the HHS contraceptive mandate.
I'm not surprised that there are a lot of people who are happy to stick it to the Catholics here in exchange for "free" pills. Oddly enough the same people seem to be fretting about the horrible theocracy that would be a Strawmantorum presidency. So, like, I have to ask -- does it even occur to people that someday, a right-wing Christian might make it into the White House again?
And, while I do not expect that a right-wing Christian president necessarily would stomp all over non-Christians' religious freedoms, I wouldn't be entirely shocked if he or she tried to.
So, wouldn't it make sense not to set the precedent now? Not out of sympathy to Catholics or other anti-choice weirdos, but just out of simple self-preservation, or perhaps.... deference to Constitutional liberties?
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Let's talk mandate some more, this time the individual mandate. We have the same problem outside the religious sphere, with the rather unprecedented infringement on economic freedom that is inherent in the very idea that the government can force you to buy a commercial product.
This is another thing I don't get. It's extremely hard to resist concluding that Democrats think this is a good idea... because the person in the White House has a "D" after his name.
Okay, maybe they think it is a good idea because they like the thing that the person with the D after his name wants to force people to buy. I can understand that. I like health insurance. I have some. I am happy to have bought it. I think it's a good bet for most people, most likely.
But it's like nobody has ever heard of "precedent."
If this administration can force you to buy one thing, then the next administration can force you to buy another kind of thing.
This is why people need to take a step back and think about the generalities. Democrats want to grab power so they can do certain things that Republicans dislike. Republicans want to grab power so that they can do other things that Democrats dislike. There would seem to be bipartisan interest in preventing executive power-grabbing. And yet, our team colors get so much more attention.
Emily Bazelon, to her credit, noticed. The precedent of executive secrecy that surrounds Holder's claim on the power to perform extrajudicial executions of citizens abroad -- note, this means without trial -- were set during the Bush 43 administration.
[W]hen the executive branch won’t release the legal memos that underlie its decision-making, we’re blocked from evaluating how strong or weak the arguments are. When the federal government takes a bold and new step like this, testing the boundaries of the Constitution, it’s crucial for Holder and his lawyers to explain how and why. Instead, we’re being asked to take the wisdom of the president and his national security apparatus for granted.
That’s a precedent that the Bush administration set in the bad old days of Attorney General John Ashcroft. It was this Department of Justice that produced John Yoo’s legal memos approving waterboarding and other interrogation techniques that amount to torture, the finding that the Guantanamo detainees weren’t prisoners of war protected by the Geneva conventions, and approved of warrantless wiretapping. Yoo’s legal innovations were dizzying—to put it kindly—and the leaking of his memos in 2004 was the first step toward official Department of Justice repudiation of them.
I am a fan of transparency, and also a fan of judicial process, and consequently was no fan of George Bush's foreign policy in this area. I acknowledge that national security needs make for a disturbing gray area both in transparency and in dealing with non-state military actors, but surely some accountability to the nation, through committees of our elected representatives, can be carved out even of our most pressing security needs.
I am not terribly surprised to see Bush's successor following in his footsteps here. Democrats and Republicans may have significantly different ideas about how best to command a military, manage an economy, and lead the nation, but it is pretty obvious that politicians of all stripes never saw a power they didn't want to grab and hang onto for dear life.

I gave a quick answer for the combox:
I think it's a question worthy of highlighting for further discussion, don't you?
My point, in putting Roe v. Wade within a unit on the experience of childhood, is to point out that it affected the legal status of children primarily -- much more than it did the legal status of women. Of course, this only follows from the notion that unborn children are, in fact children; but I am sure the commenter understands that this is a fundamental assumption in my homeschool.
As with all my educational theories, we shall see how it plays out as my children get older and ask tougher questions. My philosophy about imparting the conviction that the unborn deserve protection is that it's necessary to go beyond "abortion is bad, so don't ever have one or pay for one or recommend one, try to help people who think it's their only choice, and vote against it whenever you can."
What's more fundamental than that? What's more necessary than that? Well -- ask yourself why abortion is a bad thing, why people shouldn't have them, pay for them, promote them, why it's better to help people make different choices, why its legal status should change. The only good answer is that the unborn are persons, children, and all those judgments follow from it.
The Catholic novelist and short-story master Flannery O'Connor once famously said about the Eucharist, "If it's just a symbol, then to hell with it." Well. About the anti-abortion movement, I can say: "If the unborn aren't persons, than to hell with it."
And so the thing that must be imparted is the gut-and-brain knowledge that unborn children are nothing more nor less than children, younger than themselves. A ten-year-old boy will protect his little sister like a Rottweiler: I have seen it. A four-year-old girl will carefully care for her baby brother: I have seen it. The whole family will gather eagerly around Mom's belly to watch for the tiny kicks: I have seen it. They know. They mustn't lose this knowledge.
If you know that an unborn child is a child, you don't need to be told that she needs care, not violence.
If you know that an unborn child is a child, you don't need to be told that a scared pregnant girl is a scared young mother with a baby, that a boy with a pregnant girlfriend is a worried young father. I'll have completely failed any one of my sons if he makes it to adulthood without being able to imagine what it might be like, what it is like for too many American men: to fear that he can't care for his family. I'll have failed my daughter if she grows up without putting herself in the place of a mother who's afraid she can't care adequately for herself and for her child.
I believe that to awaken compassion for young mothers and young fathers and their children is to awaken a desire to help them all, not a desire to harm any of them. Political positions come long after that.
Readers: What do you think of Emma's question and challenge? A good one, no?