http://www.fas.org/blog/secrecy/

*WHAT IS THE PRESIDENT'S GREATEST RESPONSIBILITY?*

According to President Obama, he has no higher duty than to protect the
American people.  But that's not what the Constitution says.

"As President, I have often said that I have no greater responsibility than
protecting the American people," wrote President Obama in the new "National
Strategy for Counterterrorism"
<http://www.fas.org/man/eprint/ct2011.pdf>(pdf) that was
released<http://www.whitehouse.gov/blog/2011/06/29/national-strategy-counterterrorism>by
the White House yesterday.  A similar sentiment appears in the
Introduction to the new Strategy <http://www.fas.org/man/eprint/ct2011.pdf>,
which states that the President "bears no greater responsibility than
ensuring the safety and security of the American people."

This seems like a fateful misunderstanding.  As chief executive and
commander in chief of the armed forces, the President obviously has
responsibility for national security.  But to claim that he has no greater
responsibility than "protecting the American people" is a paternalistic
invention that is historically unfounded and potentially damaging to the
political heritage of the nation.

The presidential oath of office that is prescribed by the U.S. Constitution
(Art. II, sect. 1 <http://www.usconstitution.net/xconst_A2Sec1.html>) makes
it clear that the President's supreme responsibility is to "...preserve,
protect, and defend the Constitution of the United States."  There is no
mention of public safety.  It is the constitutional order that the President
is sworn to protect, even if doing so entails risks to the safety and
security of the American people.

The new Strategy <http://www.fas.org/man/eprint/ct2011.pdf> document
attempts to foreclose the possibility of any conflict between constitutional
values and public security by asserting that the two always coincide.  "We
are committed to upholding our most cherished values as a nation not just
because doing so is right but also because doing so enhances our security."
It just so happens, the document says, that constitutional values are
instrumentally useful in advancing security.  "Adherence to those core
values -- respecting human rights, fostering good governance, respecting
privacy and civil liberties, committing to security and transparency, and
upholding the rule of law -- enables us to build broad international
coalitions to act against the common threat posed by our adversaries while
further delegitimizing, isolating, and weakening their efforts." (p.4).

But the idea that adherence to constitutional values always enhances
security is wishful thinking.  The Constitution imposes burdensome limits on
government authority and guarantees various rights in order to advance
individual freedom, not collective security.  As a result, the interests of
security and constitutional freedom are often in conflict, and it is
necessary to give priority to one or the other.  One has to choose.****

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