The Secret police—the NSA, the CIA, et al—are by their very nature antithetical to those ideals, because openness and transparency about rules are essential to democratic public justification, and therefore to the legitimacy of state power. What must be secret cannot be fully democratic. One may well worry whether we can afford such a demanding standard of legitimate government in such a dangerous world. Perhaps we cannot. Perhaps it is foolish to be too good. But in that case we need to be clear-headed about it, and understand that secret police are a straightforwardly anti-democratic concession we make to a dangerous world. And we ought to accept that any strengthening of the powers of the secret police—especially the secret strengthening of the powers of the secret police—is a further blow to democracy and the legitimacy of our laws. The NSA’s digital dragnet is a silent coup. The filibuster is rain on election day.