L. Neil Smith Quotes
I suggest due process, speedy trials, and public hangings.
Smith, L. Neil. Lever Action: Essays on Liberty. Mountain Media, 2001.
Americans are divided as to whether this should be encouraged and helped or not.
Reaction to the indictments of several of his political associates who were subsequently convicted after this statement:
And let the sheriffs who have arrested them bring them before the justice without any other summons.
This assize is generally considered to be the first written specification of due process in English Common Law.
This quotation is a great example of the difficulty of deciding some of the major Constitutional issues. Most reasonable people believe that Rehnquist certainly has a point. On the other hand, critics observe that this quotation essentially says that it is OK to convict an innocent person if it cost too much or be too much trouble to do so. Reasonable people would also agree that this objection has much merit also. So the judicial system is stuck with deciding when the cost or trouble is too much. There will never, can never, be a clear cut answer.
He was one of the few “national security hawks” who was willing to place this issue in the public table. In the 21st Century, there were some Muslims living in Democratic countries who were or had just become radical Islamic extremist jihadist by religious belief and philosophy. Some would preach or advocate violence in terrorism against Democracy and the west. Many of these people with radical Islamic beliefs would give material aid and comfort to terrorists and some would themselves engage in terrorist activities themselves. When they did, it was too late to prevent tragedies. So there was this population of emotional and intellectual terrorists who could act on their beliefs at any moment. These are what Hayden referred to as the “not yet guilty”. Preventive detention could protect against serious terrorist attacks. But the legal system of virtually every democracy had no legal bases to incarcerate or move against anyone for his/her beliefs or speech. Criminal charges required action other than thoughts, beliefs or speech. But by waiting until there is terrorist action, the law enforcement authorities give up the ability to prevent the terrorist action. Some were advocating changes in this fundamental and traditional distinction of law enforcement.
Lester Neil Smith III, better known as L. Neil Smith, is an American libertarian science fiction author and political activist. His works include the trilogy of Lando Calrissian novels, all published in 1983: Lando Calrissian and the Mindharp of Sharu, Lando Calrissian and the Flamewind of Oseon, and Lando Calrissian and the Starcave of ThonBoka. He also wrote the novels Pallas, The Forge of the Elders, and The Probability Broach, each of which won the Libertarian Futurist Society's annual Prometheus Award for best libertarian science fiction novel. In 2016, Smith received a Special Award for Lifetime Achievement from the Libertarian Futurist Society.
