From The Advocates for Self-Government <[email protected]>
Subject DOGE: Between Justice and Legitimacy
Date February 19, 2025 8:37 PM
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DOGE: Between Justice and Legitimacy
By Max Borders

Despite all the handwringing and hyperventilation about the unorthodox DOGE, we have to dig deep and figure out our principles and priors in a dying constitutional order.

What Musk's DOGE has exposed is just how shockingly ignorant many smart libertarian theoreticians and economists are of basic civics. They are teaching advanced courses in premier universities in various subjects but would fail Civics 101. Worse, they don't even care that they are ignorant.
—Shikha Sood Dalmia ([link removed])

When Edward Snowden leaked that the national security state apparatus was mass-spying on American citizens, people of conscience had to choose between justice and legitimacy when assessing his actions. As we’ll see, that choice was not binary, though I admit my title has an uncomfortable binariness.

Snowden’s leak might have been of questionable legitimacy—and this point is arguable—but it was not dubious in justice. Indeed, the NSA was acting both unjustly and illegitimately against us all. Snowden abused his security clearance to let us know Americans were being spied on.

Is the rule-of-law crowd going to tell us that Snowden should have used proper whistleblower channels if that risked leaving us all in the dark about unconstitutional domestic spying? Would the fine minds at The UnPopulist ([link removed]) have Snowden thrown in federal prison?

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