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‘We the People’ Need to Circle the Wagons: The Government Is on the Warpath

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This commentary is also available at www.rutherford.org.

By John W. Whitehead
May 12, 2015

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“The government is merely a servant―merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a patriot and who isn’t. Its function is to obey orders, not originate them.” ― Mark Twain

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How many Americans have actually bothered to read the Constitution, let alone the first ten amendments to the Constitution, the Bill of Rights (a quick read at 462 words)?

Take a few minutes and read those words for yourself—rather than having some court or politician translate them for you—and you will be under no illusion about where to draw the line when it comes to speaking your mind, criticizing your government, defending what is yours, doing whatever you want on your own property, and keeping the government’s nose out of your private affairs.

In an age of overcriminalization, where the average citizen unknowingly commits three crimes a day, and even the most mundane activities such as fishing and gardening are regulated, government officials are constantly telling Americans what not to do. Yet it was not always this way. It used to be “we the people” telling the government what it could and could not do. Indeed, the three words used most frequently throughout the Bill of Rights in regards to the government are “no,” “not” and “nor.”

Compare the following list of “don’ts” the government is prohibited from doing with the growing list of abuses to which “we the people” are subjected on a daily basis, and you will find that we have reached a state of crisis wherein the government is routinely breaking the law and violating its contractual obligations.

For instance, the government is NOT allowed to restrict free speech, press, assembly or the citizenry’s ability to protest and correct government wrongdoing. Nevertheless, the government continues to prosecute whistleblowers, persecute journalists, cage protesters, criminalize expressive activities, crack down on large gatherings of citizens mobilizing to voice their discontent with government policies, and insulate itself and its agents from any charges of wrongdoing (or what the courts refer to as “qualified immunity”).

The government may NOT infringe on a citizen’s right to defend himself. Nevertheless, in many states, it’s against the law to carry a concealed weapon (gun, knife or even pepper spray), and the average citizen is permitted little self-defense against militarized police officers who shoot first and ask questions later.

The government may NOT enter or occupy a citizen’s house without his consent (the quartering of soldiers). Nevertheless, government soldiers (i.e., militarized police) carry out more than 80,000 no-knock raids on private homes every year, while maiming children, killing dogs and shooting citizens.

The government may NOT carry out unreasonable searches and seizures on the citizenry or their possessions. NOR can government officials issue warrants without some evidence of wrongdoing (probable cause). Unfortunately, what is unreasonable to the average American is completely reasonable to a government agent, for whom the ends justify the means. In such a climate, we have no protection against roadside strip searches, blood draws, DNA collection, SWAT team raids, surveillance or any other privacy-stripping indignity to which the government chooses to subject us.

The government is NOT to deprive anyone of life, liberty or property without due process. Nevertheless, the government continues to incarcerate tens of thousands of Americans whose greatest crime is being poor and brown-skinned. The same goes for those who are put to death, some erroneously, by a system weighted in favor of class and wealth.

The government may NOT take private property for public use without just compensation. Nevertheless, under the guise of the “greater public interest,” the government often hides behind eminent domain laws in order to allow megacorporations to tear down homes occupied by less prosperous citizens in order to build high-priced resorts and shopping malls.

Government agents may NOT force a citizen to testify against himself. Yet what is the government’s extensive surveillance network that spies on all of our communications but a thinly veiled attempt at using our own words against us?

The government is NOT allowed to impose excessive fines on the citizenry or inflict cruel and unusual punishments upon them. Nevertheless Americans are subjected to egregious fines and outrageous punishments for minor traffic violations, student tardiness and absence from school, and generally having the misfortune of being warm bodies capable of filling privatized, profit-driven jails.

The government is NOT permitted to claim any powers that are not expressly granted to them by the Constitution. This prohibition has become downright laughable as the government continues to claim for itself every authority that serves to swell its coffers, cement its dominion, and expand its reach.

Despite what some special interest groups have suggested to the contrary, the problems we’re experiencing today did not arise because the Constitution has outlived its usefulness or become irrelevant, nor will they be solved by a convention of states or a ratification of the Constitution.

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The Illinois Jihad

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new-logo25Ken Ditkowsky

www.ditkowskylawoffice.com

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“There is no dispute the elder cleansing is wrong. There is no dispute that a ‘cover up’ of corruption by a public official (such as Larkin) is wrong. It is an axiom that any jurist that tolerates such wrongful conduct as elder cleansing, directly or indirectly is corrupt”

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The concept that appears to be lacking in Illinois judicial circles is that any public office including that of a judicial official creates a public trust. Judges are elected to serve the public interest by resolving cases and controversy. The Administration of justice is a solemn responsibility and when perverted by corruption, including intellectual dishonesty, cannot be tolerated in a free society. Operation Greylord was the tip of the iceberg and the remnants today have surfaced not only in more overt corruption such as we are seeing in the Elder Cleansing cases arising in the Probate Division of the Circuit Court of Illinois, but in the assaults on the Federal and Illinois Constitution by the nadir of the legal profession.

The deliberate misrepresentation of the rulings of the Supreme Court of the United States (such as the Sawyer[1] case) by the IARDC attorneys is a mere demonstration of the intellectual dishonesty that Mr. Larkin and his unprofessional hordes practice as they assault reason and the ‘Core Values’ of the republic in their prosecution and cover up of the serious felonies of elder cleansing. More

U.S. SUPREME COURT GIVES GREEN LIGHT TO INDEFINITE MILITARY DETENTION OF AMERICANS WITHOUT CONSTITUTIONAL RIGHTS

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U.S. SUPREME COURT GIVES GREEN LIGHT TO INDEFINITE MILITARY DETENTION OF AMERICANS WITHOUT CONSTITUTIONAL RIGHTS
04-30-2014 12:47 am – Bob Unruh – World Net Daily
A decision from the U.S. Supreme Court means the federal government now has an open door to “detain as a threat to national security anyone viewed as a troublemaker,” critics of the high court’s ruling said.

The high court by its own order this week refused to review an appellate-level decision that says the president and U.S. military can arrest and indefinitely detain individuals.

Officials with William J. Olson, P.C., a firm that filed an amicus brief asking the court to step in, noted that not a single justice dissented from the denial of certiorari.

“The court ducked, having no appetite to confront both political parties in order to protect the citizens from military detention,” the legal team told WND. “The government has won, creating a tragic moment for the people – and what will someday be viewed as an embarrassment for the court.”

WND reported earlier when the indefinite detention provisions of the National Defense Authorization Act were adopted, then later challenged in court.

The controversial provision authorizes the military, under presidential authority, to arrest, kidnap, detain without trial and hold indefinitely American citizens thought to “represent an enduring security threat to the United States.”

Journalist Chris Hedges was among the plaintiffs charging the law could be used to target journalists who report on terror-related issues.

A friend-of-the-court brief submitted in the case stated: “The central question now before this court is whether the federal judiciary will stand idly by while Congress and the president establish the legal framework for the establishment of a police state and the subjugation of the American citizenry through the threat of indefinite military arrest and detention, without the right to counsel, the right to confront one’s accusers, or the right to trial.”

The brief was submitted to the Supreme Court by attorneys with the U.S. Justice Foundation of Ramona, California; Friedman Harfenist Kraut & Perlstein of Lake Success, New York; and William J. Olson, P.C. of Vienna, Virginia.

The attorneys are Michael Connelly, Steven J. Harfenist, William J. Olson, Herbert W. Titus, John S. Miles, Jeremiah L. Morgan and Robert J. Olson.

They were adding their voices to the chorus asking the Supreme Court to overturn the 2nd U.S. Circuit Court of Appeals, which said the plaintiffs didn’t have standing to challenge the law adopted by Congress.

The brief was on behalf of U.S. Rep. Steve Stockman, Virginia Delegate Bob Marshall, Virginia Sen. Dick Black, the U.S. Justice Foundation, Gun Owners Foundation, Gun Owners of America, Center for Media & Democracy, Downsize DC Foundation, Downsize DC.org, Free Speech Defense & Education Fund, Free Speech Coalition, Western Journalism Center, The Lincoln Institute, Institute on the Constitution, Abraham Lincoln Foundation and Conservative Legal Defense & Education Fund.

Journalist Chris Hedges, who is suing the government over a controversial provision in the National Defense Authorization Act, is seen here addressing a crowd in New York’s Zuccotti Park.
The 2014 NDAA was fast-tracked through the U.S. Senate, with no time for discussion or amendments, while most Americans were distracted by the scandal surrounding A&E’s troubles with “Duck Dynasty” star Phil Robertson.

Eighty-five of 100 senators voted in favor of the new version of the NDAA, which had already been quietly passed by the House of Representatives.

Hedges, a Pulitzer Prize-winning journalist, and others filed a lawsuit in 2012 against the Obama administration to challenge the legality of an earlier version of the NDAA.

It is Section 1021 of the 2012 NDAA, and its successors, that drew a lawsuit by Hedges, Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alex O’Brien, Kai Warg All, Brigitta Jonsottir and the group U.S. Day of Rage. Many of the plaintiffs are authors or reporters who stated that the threat of indefinite detention by the U.S. military already had altered their activities.

Video mania: The instruction manual on how to restore America to what it once was: “Taking America Back” on DVD. This package also includes the “Tea Party at Sea” DVD.

“It’s clearly unconstitutional,” Hedges said of the bill. “It is a huge and egregious assault against our democracy. It overturns over 200 years of law, which has kept the military out of domestic policing.”

Hedges is a former foreign correspondent for the New York Times and was part of a team of reporters awarded a Pulitzer Prize in 2002 for the paper’s coverage of global terrorism.

The friend-of-the-court brief warned the precedent “leaves American citizens vulnerable to arrest and detention, without the protection of the Bill of Rights, under either the plaintiff’s or the government’s theory of the case.

“The judiciary must not await subsequent litigation to resolve this issue, as the nature of military detention is that American citizens then would have no adequate legal remedy,” the brief explained.

“Once again, the U.S. Supreme Court has shown itself to be an advocate for the government, no matter how illegal its action, rather than a champion of the Constitution and, by extension, the American people,” said John W. Whitehead, president of The Rutherford Institute.

“No matter what the Obama administration may say to the contrary, actions speak louder than words, and history shows that the U.S. government is not averse to locking up its own citizens for its own purposes. What the NDAA does is open the door for the government to detain as a threat to national security anyone viewed as a troublemaker.

“According to government guidelines for identifying domestic extremists – a word used interchangeably with terrorists, that technically applies to anyone exercising their First Amendment rights in order to criticize the government,” he said.

It’s not like rounding up innocent U.S. citizens and stuffing them into prison camps hasn’t already happened.

In 1944, the government rounded up thousands of Japanese Americans and locked them up, under the approval of the high court in its Korematsu v. United States decision.

The newest authorizes the president to use “all necessary and appropriate force” to jail those “suspected” of helping terrorists.

The Obama administration had claimed in court that the NDAA does not apply to American citizens, but Rutherford attorneys said the language of the law “is so unconstitutionally broad and vague as to open the door to arrest and indefinite detentions for speech and political activity that might be critical of the government.”

The law specifically allows for the arrests of those who “associate” or “substantially support” terror groups.

“These terms, however, are not defined in the statute, and the government itself is unable to say who exactly is subject to indefinite detention based upon these terms, leaving them open to wide ranging interpretations which threaten those engaging in legitimate First Amendment activities,” Rutherford officials reported.

At the trial court level, on Sept. 12, 2012, U.S. District Judge Katherine Forrest of the Southern District Court of New York ruled in favor of the plaintiffs and placed a permanent injunction on the indefinite detention provision.

Obama then appealed, and his judges on the 2nd Circuit authorized the government detention program.

Since the fight started, multiple states have passed laws banning its enforcement inside those states. Herb Titus, a constitutional expert, previously told WND Forrest’s ruling underscored “the arrogance of the current regime, in that they will not answer questions that they ought to answer to a judge because they don’t think they have to.”

The judge explained that the plaintiffs alleged paragraph 1021 is “constitutionally infirm, violating both their free speech and associational rights guaranteed by the 1st Amendment as well due process rights guaranteed by the 5th Amendment.”

She noted the government “did not call any witnesses, submit any documentary evidence or file any declarations.”

“It must be said that it would have been a rather simple matter for the government to have stated that as to these plaintiffs and the conduct as to which they would testify, that [paragraph] 1021 did not and would not apply, if indeed it did or would not,” she wrote.

Instead, the administration only responded with, “I’m not authorized to make specific representations regarding specific people.”

“The court’s attempt to avoid having to deal with the constitutional aspects of the challenge was by providing the government with prompt notice in the form of declarations and depositions of the … conduct in which plaintiffs are involved and which they claim places them in fear of military detention,” she wrote. “To put it bluntly, to eliminate these plaintiffs’ standing simply by representing that their conduct does not fall within the scope of 1021 would have been simple. The government chose not to do so – thereby ensuring standing and requiring this court to reach the merits of the instant motion.

“Plaintiffs have stated a more than plausible claim that the statute inappropriately encroaches on their rights under the 1st Amendment,” she wrote.

Read more at http://www.wnd.com/2014/04/supreme-court-green-lights-detention-of-americans/#r3IAig6fLWioaQWy.99 – See more at: http://www.libertynewsonline.com/article_301_35369.php#sthash.uo27Loqv.dpuf

new-logo25Bob Unruh – World Net Daily

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“The Obama administration had claimed in court that the NDAA does not apply to American citizens, but Rutherford attorneys said the language of the law “is so unconstitutionally broad and vague as to open the door to arrest and indefinite detentions for speech and political activity that might be critical of the government.” 

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1459169_743562532338888_201663292_nA decision from the U.S. Supreme Court means the federal government now has an open door to “detain as a threat to national security anyone viewed as a troublemaker,” critics of the high court’s ruling said.

The high court by its own order this week refused to review an appellate-level decision that says the president and U.S. military can arrest and indefinitely detain individuals.

Officials with William J. Olson, P.C., a firm that filed an amicus brief asking the court to step in, noted that not a single justice dissented from the denial of certiorari.

“The court ducked, having no appetite to confront both political parties in order to protect the citizens from military detention,” the legal team told WND. “The government has won, creating a tragic moment for the people – and what will someday be viewed as an embarrassment for the court.”

WND reported earlier when the indefinite detention provisions of the National Defense Authorization Act were adopted, then later challenged in court. More

What IF Citizens Really Understood the U.S. Constitution?

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Response By : Olddog/  ANationBeguiled.com

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Response to an article By Catherine J. Frompovich, Tuesday, March 18, 2014

Generally speaking, this article would normally be found in the comments section of the site it was read from, but I was so pissed when I read it I decided to obtain the help of Jefferson’s Voice to write a rebuttal, which is copied below.

The bottom line is the dumbing down protocol has eviscerated critical thinking skills in this country and reinforced an evolutionary old hard wired tendency to ignore insidious threats. Then there are endless distractions that create all kinds of addictive behavior and profound myopia.  How do we overcome this?

Sometimes shocks like the 2008 economic contraction will wake some people up, hence, Occupy Wall Street.  For now though, the slow dismantling continues and American frogs continue to sit in the pot and cook.  It’s time for some powerful epiphanies to get the frogs moving!  To get started, let’s be honest that TPTB working around the clock to destroy our civil liberties and republican form of government (and all nation states, for that matter) are not simply greedy corporatists, they are international banksters and their minions, their agenda is both soul crushing and far reaching.  Connect the dots. More

FISA secrets: The Court That Lays Golden Unconstitutional Eggs

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new-logo25Marti Oakley        © copyright 2014 All rights reserved

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Legal v Lawful:  Weasel word swapping at its finest

Weasel word swaps are those words and phrases that sound as if they mean a certain thing and, most of you have been conditioned to believe mean something specific, when in fact, they do not. The recent ruling by U.S. District Judge William Pauley III who took it upon himself to violate the Constitutional rights of every American citizen when he decided that the unwarranted and illegal  NSA spying on virtually everyone, was LEGAL (he did NOT say lawful).  The swapping of the word legal as opposed to lawful requires a closer look.

Definition of legalize:

To make legal or lawful; to confirm or validate what was before void or unlawful; to add the sanction and authority of law to that which before was without or against law.  

In other words, the NSA Spying without probable cause, without obtaining a warrant  is and was1441183_401318466665654_1752838926_n unconstitutional and therefore, unlawful.  Pauley, who knew exactly what he was doing, attempted to by-pass the Constitutional prohibitions against exactly this kind of unfettered and lawless activity by the government and its incorporated agencies to make an otherwise Constitutionally prohibited activity appear to be lawful.

Law Dictionary:

Definition of Legal:  Blacks Law Fifth Edition page 803, column 1, para: 9

Conforming to the law; according to the law; countenanced by the law; good and effectual in law. Not forbidden or discountenanced by law; good and effectual in law.

This contrasts with a ruling earlier this month by U.S. District Court Judge Richard Leon who ruled that the spying was in fact, unconstitutional and unlawful.

Here’s a clue:  More

TS Radio & The BAll Doctrine: Presidential Contender Dennis Ball

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Join us this evening, October 15th 2013, at 7:00pm CST! More

Minnesota DFL’er Alice Hausman: Busy Trashing the 2nd Amendment

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new-logo25Marti Oakley  ©copyright 2013 All Rights Reserved

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In my humble opinion, the failure of Representative Alice Hausman (DFL)MN, and other elected officials to honor their oaths of office, to defend the Constitutions, both state and federal, is grounds for recall from office.

Representative Hausman has helped author a bill which is a clear violation of the 2nd Amendment.  This bill also calls for the violation of due process and establishes police powers far beyond the scope of law.  The last thing any of our communities need is the aggrandizement of power in local law enforcement now that they are under Homeland Security control and exist as para-military organizations, and no longer exist to protect and serve their communities.

Ms Hausman, like so many others in the legislature, is apparently oblivious to standing laws, SCOTUS rulings and the Constitution.  Apparently believing that due to her office, these issues should not concern her, Hausman has authored one of the most egregious assaults on the 2nd Amendment.  Neither does Ms Hausman seem to understand that it is illegal to try to pass ex post facto laws and that just because she does not adhere to any sense of law, does not mean that the rest of us lose our rights.

What it should mean is that she automatically is unseated and removed from office for failing to act in defense of her district and for willingly and knowingly violating her oath of office.  At the very least, Hausman and others are guilty of malfeasance of office:

mal·fea·sance

/mælˈfizəns/ Show Spelled [mal-fee-zuhns] Show IPA

noun Law.

the performance by a public official of an act that is legally unjustified, harmful, or contrary to law; wrongdoing (used especially of an act in violation of a public trust).

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Authored by  anti-gun St. Paul State Representative Alice Hausman, H.F. 241  would:

*** Ban the sale, transfer, possession and  manufacturing of ALL semiautomatic firearms with a detachable magazine and at  least one “characteristic” — which means just about anything that makes a  gun “look scary.
(This includes rifles AND  pistols!) More

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