So let me ask Judge Andrew Napolitano a simple question. If the government can draft a resident into the military to perform the tasks the government deems necessary, then why is it illegal for the government to compel Apple to perform these tasks. Answer, Napolitano is simply wrong.
In the interest of national defense, the government can, essentially, take over a contractor compelling them to perform tasks the government deems necessary to the national defense. You doubt that? Then explain how the government could impose food rationing during WWII. Or, how the government controlled production of items to support WWII?
BTW, it’s not “involuntary servitude”. It may be “involuntary” but since the government must pay for these services, it cannot be considered “servitude”.
The other issue is that the FBI is asking for Apple to deliver this software to them so they can use it themselves. They are not asking Apple to unlock this single iPhone at their facilities( although Apple would probably not do that either). That would indeed open it up for all devices.
Also, Congress can impose the draft, Congress is the governing body, not a judge acting on behalf of an overzealous agency.
If the government can draft a resident into the military to perform the tasks the government deems necessary, then why is it illegal for the government to compel Apple to perform these tasks.
Simple. We are not in a Congressional Declared State of War
Then explain how the government could impose food rationing during WWII. Or, how the government controlled production of items to support WWII?Simple. We were in a Congressional Declared State of War.