Attribution: By Freedom of the Press Foundation (Freedom of the Press Foundation) [CC BY 4.0 (http://creativecommons.org/licenses/by/4.0)], via Wikimedia CommonsFrom the very beginning of the nation’s history, intelligence has been set aside as a conspicuous exception to James Madison’s advocacy of checks-and-balances, spelled out in his Federalist Paper No. 51. The ‘auxiliary precautions’ that this key participant at the Constitutional Convention in 1787 (and later America’s fourth President) — the safeguards he had helped build into the Constitution — were never applied to America’s secret intelligence activities. It has been the norm around the world for nations to treat their intelligence services as something special and apart from the rest of government.   These agencies wear a cloak of secrecy, have unique access to decision-makers, and are given considerable leeway to carry out their duties without the usual review (in democracies at least) of programs, personnel, and budgets by overseers in the legislative, executive, and judicial branches of government. A nation’s leaders were expected to avert their eyes as the secret services broke laws overseas (a routine occurrence) and engaged in unsavory activities, even assassinations and coups d’état, that would be deemed highly inappropriate for other government agencies.

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