Quote For The Day

The accretion of dangerous power does not come in a day. It does come, however slowly, from the generative force of unchecked disregard of the restrictions that fence in even the most disinterested assertion of authority.

Justice Frankfurter, concurring decision, Youngstown Sheet &Tube Co. v. Sawyer, 343 U.S. 579, 594 (1952).

Youngstown Sheet & Tube Co., also known as the Steel Seizure case, is about the limitations of the power of the President. The over fifty years old decision has been in the news lately. It has been cited in discussions about President Bush's warrantless surveillance of U.S. citizens. In addition, Justice Jackson's concurring opinion to the decision has been discussed during Judge Alito's confirmation hearing.

I like this quote from Justice Frankfurter's opinion because it is a warning to us about our times. Yesterday, President Bush reaffirmed his belief that he can engage in warrantless surveillance of U.S. citizens unchecked. As Bob Herbert says in today's New York Times, President Bush's wiretapping activities are not really about balancing civil liberties and national security. Rather, they are further indications that President Bush believes he can do "anything he wants (mistreat prisoners, lock people up forever without filing charges), and justify it in the name of fighting terror."

We need to take Justice Frankfurter's warning seriously.