Big Bad Wolf Edward Snowden v. NSA's Cottage: How Whistle-Blowers Remain Vulnerable & Neglected by the Federal Government

Abstract

The overarching issue behind this comment has been monumentally anticipated and planned since the beginning of this Nation. Specifically, the issue of an independent and self-functioning government can be traced as far back as Friday, February 8, 1788. On this date, James Madison published the Federalist Paper: No. 51 stating in part, “But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”Yes, the Federalist Papers sought to ratify the Constitution and were strongly in favor of the central government. However, the Papers also provide insurmountable insight to the ideals, concerns, and expectations of the Founding Fathers as they drafted the Constitution. One of those concerns, as acknowledged by Madison, was the role the government played in governing itself. Madison highlights that men are not perfect and allowing men to govern other men will be significantly problematic, therefore procedures must be implemented to ensure there is no abuse of government. This issue remains highly relevant today, as we discuss Edward Snowden and the legal precedent surrounding federal employee whistleblowers.First, this comment will introduce the foundational principals behind whistleblowers, and laws related to such conduct. Second, this comment will analyze the related authority; expand upon the purpose of whistleblowing and whistle-blower protections. Third, this comment will discuss recent legislative conduct, in comparison to modern whistleblowers, to determine if there really is a distinction. Lastly, this comment will recommend higher protections for whistleblowers, and explain their vital role in our society during times of tainted procedures.