…[C]onservatives think that any constraint on the state security apparatus is too much. They believe, contrary to all of the evidence, that the rule-bound criminal justice system can’t or doesn’t function and that things would be better if we scrapped all the rules. And, indeed, in the civilian context they’ve worked steadily and systematically over a period of decades to weaken the constitutional protections as much as possible, and bring us as close as possible to their dream scenario of limitless state-sponsored violence. The desire to push certain categories of people (non-citizens) or certain categories of suspects (terrorists) out of the constitutionally protected realm is just part-and-parcel of that broad-based assault on the idea of a rule-bound justice system.




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