Secret Laws
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James Joyner | Monday, December 12, 2005 |
I’ve long disagreed with the blanket statement “Ignorance of the law is no excuse,” thinking that the government had some reasonable duty to make people aware of what the law is. Now, Kevin Drum reports that there are actually federal laws and/or regulations that are so secret that, even if you’re arrested for it, they won’t tell you what they are. Call me a bleeding heart if you must but, somehow, that strikes me as a bad idea.
Orin Kerr has more background on the particular instance that sparked Kevin’s interest, the various regulations enforced by TSA on who may get on commercial airlines and with what. I actually wrote about that one (based on a Slate article) back in September of 2004.
About the Author: James Joyner is the publisher of Outside the Beltway and the managing editor of the Atlantic Council. He's a former Army officer, Desert Storm vet, and college professor with a PhD in political science from The University of Alabama. He lives just outside the Beltway in Alexandria, Virginia with his wife and infant daughter.
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Oh you are such a "bleeding heart" worrier!
These people are obviously terrorists. We know that they are terrorists. What kind of laws do we need to stop them? It's that simple.
...the government had some reasonable duty to make people aware of what the law is.
And according to standing doctrine, the publication of the law in, for example, the Federal Register (and its state and local counterparts as appropriate), meets that duty.
...there are actually federal laws and/or regulations that are so secret that, even if you're arrested for it, they won't tell you what they are.
That, however, stinks to high heaven -- if true. Even if the law in question has been published, criminal charges that don't identify the law alleged to have been violated, is clearly a breach of due process.
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