The 1967 Outer Space Treaty designated space for peaceful purposes as the province of all mankind. Virtually all spacefaring nations now favor a new treaty to accommodate major changes in geopolitics and military technology. The United States, however, has blocked negotiations, citing potential threats to U.S. rights, capabilities, and freedom of action.
In this lecture from 1987, Robert Higgs speaks about governments' tendency to bend or suspend individual rights during emergency situations. He reviews the history of this in the United States and questions whether the U.S. Constitution is strong enough to protect private rights in the face of an unending string of national crises.