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‘We the Prisoners’: The Demise of the Fourth Amendment

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By John W. Whitehead

June 28, 2016

“Our carceral state banishes American citizens to a gray wasteland far beyond the promises and protections the government grants its other citizens… When the doors finally close and one finds oneself facing banishment to the carceral state—the years, the walls, the rules, the guards, the inmates—reactions vary. Some experience an intense sickening feeling. Others, a strong desire to sleep. Visions of suicide. A deep shame. A rage directed toward guards and other inmates. Utter disbelief. The incarcerated attempt to hold on to family and old social ties through phone calls and visitations. At first, friends and family do their best to keep up. But phone calls to prison are expensive, and many prisons are located far from one’s hometown… As the visits and phone calls diminish, the incarcerated begins to adjust to the fact that he or she is, indeed, a prisoner. New social ties are cultivated. New rules must be understood.”—Ta-Nehisi Coates, The Atlantic

In a carceral state—a.k.a. a prison state or a police state—there is no Fourth Amendment to protect you from the overreaches, abuses, searches and probing eyes of government overlords.

In a carceral state, there is no difference between the treatment meted out to a law-abiding citizen and a convicted felon: both are equally suspect and treated as criminals, without any of the special rights and privileges reserved for the governing elite.

In a carceral state, there are only two kinds of people: the prisoners and the prison guards.

With every new law enacted by federal and state legislatures, every new ruling handed down by government courts, and every new military weapon, invasive tactic and egregious protocol employed by government agents, “we the people”—the prisoners of the American police state—are being pushed that much further into a corner, our backs against the prison wall.

This concept of a carceral state in which we possess no rights except for that which the government grants on an as-needed basis is the only way I can begin to comprehend, let alone articulate, the irrational, surreal, topsy-turvy, through-the-looking-glass state of affairs that is being imposed upon us in America today.

As I point out in my book Battlefield America: The War on the American People, we who pretend we are free are no different from those who spend their lives behind bars.

Indeed, we are experiencing much the same phenomenon that journalist Ta-Nehisi Coates ascribes to those who are banished to a “gray wasteland far beyond the promises and protections the government grants its other citizens” : a sickening feeling, a desire to sleep, hopelessness, shame, rage, disbelief, clinginess to the past and that which is familiar, and then eventually resignation and acceptance of our new “normal.”

All that we are experiencing—the sense of dread at what is coming down the pike, the desperation, the apathy about government corruption, the deeply divided partisanship, the carnivalesque political spectacles, the public displays of violence, the nostalgia for the past—are part of the dying refrain of an America that is fading fast.

No longer must the government obey the law.

Likewise, “we the people” are no longer shielded by the rule of law.

While the First Amendment—which gives us a voice—is being muzzled, the Fourth Amendment—which protects us from being bullied, badgered, beaten, broken and spied on by government agents—is being disemboweled. More

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Dear Senator Manchin……What’s killing us is people like you who need to be removed from office

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new-logo25Marti Oakley

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**Note: IF congress allows due process protections to be stripped from those on these massive FBI lists, the premise for that will be quickly adopted by other federal agencies, even those with no interest in guns sales. There is no way this will be limited to the purchasing of guns. The recent event in Orlando was the stage show meant to shock the public into forfeiting their constitutional rights.

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10155281_461153860682070_1662322543_nSenator Joe Manchin (D) appears not to understand the rights contained in the Constitution. Apparently, the right to due process, the constitutional protection against the very things he advocates, is a thorn in Senator Manchin’s hide. As he himself admits, due process is the firewall that prevents agencies such as the FBI, from adding individuals to lists of suspects….no evidence, no crime….they just decided you belonged on one of their lists.

Manchin goes on to say on on MSNBC’s “Morning Joe” that the right to due process, guaranteed by the Fifth Amendment of the US Constitution, had made it difficult to pass gun-control legislation denying those on the FBI’s terror watch list the ability to purchase a firearm. I would assume that with the massive non-stop surveillance that is carried on daily this would be virtually impossible to purchase a gun without the FBI, NSA, CIA and assorted other spy agencies knowing about it immediately. All that spying, all that data collection, the mountains of stolen information about everyone in the country……and the FBI couldn’t stop this man from purchasing guns?

Question: How can a man be employed by a security company that protects federal buildings among other things, and still be employed by that company if he is suspected of possible terrorism? More

TS Radio: Reform and the Legalized Slavery of Elders. Are we heading in the right direction?

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painy

Join us Sunday evening at 7:00 pm CST!

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Listen Live HERE!

Callin # 917-388-4520

Tony Hutton will co-host this evening.

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Marcia Southwick will return to the show to give a summary of the state of New Mexico, adult legislations for 2013.  Marcia also publishes, Boomers Against Elder Abuse on Facebook.  This group is growing each day and heading towards 35,000 members.

In response to the exposure of the corruptive practices now being exposed in probate and family courts, many interested “stakeholders”……such as Guardianship associations, the BAR association, and many in the medical complex are leaning on state legislatures to expand their death grip on the elder community, and to make legal the theft of estates, the stripping of rights and the willful ignoring of standing state statutes meant to protect the victims from the predators.

Some of these new laws seem to heading backwards, but a few are good.

Issues are things like Due process, the role of guardian ad litem, Mediation, guardian background checks, guardianship financial authority, ward’s rights–etc. There are maybe 5 or so states to highlight, including New Mexico, Texas, Tennessee, Idaho, and Nevada.

In New Mexico, insanity has taken over.

Elder abuse: Monterey County Public Guardian denies right to attend hearings

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Linda Kincaid   Senior Issues Examiner
January 27, 2014

The Monterey County Public Guardian seized control of San Francisco resident Margarita Zelada and her estate.  Since March 3013, Margarita has been unlawfully confined in Monterey County, forcibly isolated, and denied nearly all contact with loved ones and advocates.

The Public Guardian allows Margarita no contact with her daughter, occasional brief contact with her niece in Texas, no contact with elder rights advocates, and no contact with legal counsel of her choice.  The Public Guardian denies Margarita her right to attend court hearings on her case and denies her right to oppose the abuse she has suffered.

On January 29, 2014, the Monterey County Probate Court will review Margarita’s case and hear the Public Guardian’s petition for authority to forcibly administer chemical restraint. Niece Bonnie Lind repeatedly asked that Margarita be allowed to attend the hearing on her case and be allowed her right to oppose forced chemical restraint.

December 10, 2013

Jennifer Empasis and Chris Campbell,

I would like to request my aunt, Margarita Zelada be allowed to attend her conservatorship hearing scheduled for December 18, 2013.  According to the Notice of Conservatee’s Rights, Margarita has a right to take part in important decisions affecting her life, property and way of life.  Please do not deny her this basic right. 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 with guest Dr. Sam Sugar

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painy

5:00 pm PST … 6:00 pm MST … 7:00pm CST … 8:00 pm EST

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Listen Live HERE! More

H. Res. 814: In defense of the second amendment

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Marti Oakley (c) Copyright 2012 All Rights Reserved

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Apparently there are still a few public officials who will honor the Constitution left in the House of Representatives.  Many of these representatives recognized the threat to the second amendment inherent in the UN Small Arms Treaty.  This treaty, which the president has indicated he would sign, bypassing congress and ratification by the states, is intended to be handed back over to the Secretary of State to implement by agency decree and imposed upon the states.

While being sold to the public as simply a guideline for limiting the sales of small arms to the same countries we are many times waging war with, the treaty would severely affect the sale and ownership of small arms i.e., private gun ownership, here in the states.  The obvious end goal included in many other global goals,  is the disarmament of US gun owners.

The UN Small Arms treaty is nothing more than the effort to end all gun ownership anywhere in the world, except those weapons used by the military forces around the globe. With the UN attempting to gift itself the right to construct its own military with an eye on becoming the only military force on the planet, our right to keep and bear arms is more important than ever.

The Small Arms Treaty will not slow down or even minimally impact the arms trading and dealing that is conducted globally.

Arms controls for peace while we expand the global wars

“In what has to be the epitome of duplicity, Hillary Clinton is now conspiring with UN officials to begin the disarmament of the citizens of the US via this pseudo-treaty. Its all for world peace, right? Obviously not, as Clinton gave an excited speech in May 2012, to the Special Operations Forces Industry Conference describing the new six-point global plan for war intended to encompass numerous countries and her obvious desire for her department to be part and parcel of the newly emerging “global wars everywhere” plan. Clinton’s obvious disregard or refusal to acknowledge the deaths of children resulting from these wars is clearly an indication that the woman is lying about her desire for world peace. But I think we already knew that.”

Please contact your representatives and encourage them to support H.Res. 814.  It may well be just another half-hearted effort to make you think they are actually opposed to this treaty, but it will give you a chance to voice your objections directly to your representative.  FIND YOUR REPRESENTATIVE

Read the bill …. More

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