RANDY BARNETT ON sweeping blanket data seizures by the NSA and the CFPB. “The secrecy of these programs makes it impossible to hold elected officials and appointed bureaucrats accountable. Relying solely on internal governmental checks violates the fundamental constitutional principle that the sovereign people must be the ultimate external judge of their servants’ conduct in office. Yet such judgment and control is impossible without the information that such secret programs conceal. Had it not been for recent leaks, the American public would have no idea of the existence of these programs, and we still cannot be certain of their scope.”

Yes, and by cracking down on leakers, the Obama administration is delegitimizing itself further.