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Posts Tagged ‘Constitution’

Do Conservatives Really Believe Than Unconstitutional Law Is No Law? – LewRockwell

Posted by M. C. on June 2, 2020

https://www.lewrockwell.com/2020/06/laurence-m-vance/do-conservatives-really-believe-that-an-unconstitutional-law-is-no-law/

By

I see that all manner of conservatives are saying in response to the draconian lockdowns across the country that an unconstitutional law is no law. They are praising district attorneys, sheriffs, and local police for saying that they won’t enforce the decrees of state governors. Some conservatives are advocating rebellion and civil disobedience. Their focus, of course, is mainly on states with Democratic governors. But it is typical of conservatives not to criticize Republicans too much.

But do conservatives really believe that an unconstitutional law is no law? Do they really believe that district attorneys, sheriffs, and local police should not enforce unconstitutional laws?

Of course they don’t.

Now, I am glad to see that conservatives are actually talking about civil liberties. But the greatest violation of civil liberties, private property, individual liberty, personal freedom, and free enterprise is the federal government’s war on drugs.

Under federal law

Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.

And that is just possession.

Manufacture or distribution carries tougher penalties. The sale of paraphernalia is punishable by up to three years in prison. And “the sentence of death can be carried out on a defendant who has been found guilty of manufacturing, importing or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise.”

And that is just marijuana.

Woe unto the American who possesses, manufactures, or distributes cocaine, heroin, meth, or fentanyl.

Drug laws are certainly unconstitutional laws.

Does the Constitution authorize the national government to regulate, criminalize, or prohibit the manufacture, sale, or use of any drug?

Does the Constitution authorize the federal government to intrude itself into the personal eating, drinking, or smoking habits of Americans?

Does the Constitution authorize the federal government to restrict or monitor any harmful or mood-altering substances that any American wants to consume?

Does the Constitution authorize the federal government to have a drug war?

Does the Constitution authorize the federal government to concern itself with the nature and quantity of any substance Americans inhale or otherwise take into their body?

Does the Constitution authorize the federal government regulate, monitor, or restrict the consumption, medical, or recreational habits of Americans?

Does the Constitution authorize the federal government to have an Office of National Drug Control Policy?

Does the Constitution authorize the federal government to have a Drug Enforcement Administration?

Does the Constitution authorize the federal government to have a drug czar?

Does the Constitution authorize the federal government a Substance Abuse and Mental Health Services Administration?

Does the Constitution authorize the federal government to have a Controlled Substances Act?

Does the Constitution authorize the federal government to have a Comprehensive Drug Abuse Prevention and Control Act?

Does the Constitution authorize the federal government to have a National Survey on Drug Use and Health?

Does the Constitution authorize the federal government to have a Combat Methamphetamine Epidemic Act?

Does the Constitution authorize the federal government to have any federal crimes other than treason, piracy, and counterfeiting?

Does the Constitution authorize the federal government to have a National Drug Control Strategy?

Does the Constitution authorize the federal government to institute drug prohibition without a constitutional amendment?

Does the Constitution authorize the federal government to have a Domestic Cannabis Eradication/Suppression Program?

Does the Constitution authorize the federal government to wage war on a plant?

Does the Constitution authorize the federal government to ban anything?

Of course it doesn’t.

Since an unconstitutional law is no law, shouldn’t conservatives be opposed root and branch to the federal government’s war on drugs instead of being its biggest supporters?

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Do We Need The State? – Doug Casey’s International Man

Posted by M. C. on May 21, 2020

Editor’s Note: Sociopaths are drawn to the government. They seek power and control over others through coercion, taxation and more.

Muslims, Christians, and Jews lived together peaceably in Palestine, Lebanon, and North Africa for centuries until the situation became politicized after World War I. Until then, an individual’s background and beliefs were just personal attributes, not a casus belli. Government was at its most benign, an ineffectual nuisance that concerned itself mostly with extorting taxes. People were busy with that most harmless of activities: making money.

https://internationalman.com/articles/do-we-need-the-state/

by Doug Casey

Rousseau was perhaps the first to popularize the fiction now taught in civics classes about how government was created. It holds that men sat down together and rationally thought out the concept of government as a solution to problems that confronted them. The government of the United States was, however, the first to be formed in any way remotely like Rousseau’s ideal. Even then, it had far from universal support from the three million colonials whom it claimed to represent. The U.S. government, after all, grew out of an illegal conspiracy to overthrow and replace the existing government.

There’s no question that the result was, by an order of magnitude, the best blueprint for a government that had yet been conceived. Most of America’s Founding Fathers believed the main purpose of government was to protect its subjects from the initiation of violence from any source; government itself prominently included. That made the U.S. government almost unique in history. And it was that concept – not natural resources, the ethnic composition of American immigrants, or luck – that turned America into the paragon it became.

The origin of government itself, however, was nothing like Rousseau’s fable or the origin of the United States Constitution. The most realistic scenario for the origin of government is a roving group of bandits deciding that life would be easier if they settled down in a particular locale, and simply taxing the residents for a fixed percentage (rather like “protection money”) instead of periodically sweeping through and carrying off all they could get away with. It’s no accident that the ruling classes everywhere have martial backgrounds. Royalty are really nothing more than successful marauders who have buried the origins of their wealth in romance.

Romanticizing government, making it seem like Camelot, populated by brave knights and benevolent kings, painting it as noble and ennobling, helps people to accept its jurisdiction. But, like most things, government is shaped by its origins. Author Rick Maybury may have said it best in Whatever Happened to Justice?,

“A castle was not so much a plush palace as the headquarters for a concentration camp. These camps, called feudal kingdoms, were established by conquering barbarians who’d enslaved the local people. When you see one, ask to see not just the stately halls and bedrooms, but the dungeons and torture chambers.

“A castle was a hangout for silk-clad gangsters who were stealing from helpless workers. The king was the ‘lord’ who had control of the blackjack; he claimed a special ‘divine right’ to use force on the innocent.

“Fantasies about handsome princes and beautiful princesses are dangerous; they whitewash the truth. They give children the impression political power is wonderful stuff.”

Is The State Necessary?

The violent and corrupt nature of government is widely acknowledged by almost everyone. That’s been true since time immemorial, as have political satire and grousing about politicians. Yet almost everyone turns a blind eye; most not only put up with it, but actively support the charade. That’s because, although many may believe government to be an evil, they believe it is a necessary evil (the larger question of whether anything that is evil is necessary, or whether anything that is necessary can be evil, is worth discussing, but this isn’t the forum).

What (arguably) makes government necessary is the need for protection from other, even more dangerous, governments. I believe a case can be made that modern technology obviates this function.

One of the most perversely misleading myths about government is that it promotes order within its own bailiwick, keeps groups from constantly warring with each other, and somehow creates togetherness and harmony. In fact, that’s the exact opposite of the truth. There’s no cosmic imperative for different people to rise up against one another…unless they’re organized into political groups. The Middle East, now the world’s most fertile breeding ground for hatred, provides an excellent example.

Muslims, Christians, and Jews lived together peaceably in Palestine, Lebanon, and North Africa for centuries until the situation became politicized after World War I. Until then, an individual’s background and beliefs were just personal attributes, not a casus belli. Government was at its most benign, an ineffectual nuisance that concerned itself mostly with extorting taxes. People were busy with that most harmless of activities: making money.

But politics do not deal with people as individuals. It scoops them up into parties and nations. And some group inevitably winds up using the power of the state (however “innocently” or “justly” at first) to impose its values and wishes on others with predictably destructive results. What would otherwise be an interesting kaleidoscope of humanity then sorts itself out according to the lowest common denominator peculiar to the time and place.

Sometimes that means along religious lines, as with the Muslims and Hindus in India or the Catholics and Protestants in Ireland; or ethnic lines, like the Kurds and Iraqis in the Middle East or Tamils and Sinhalese in Sri Lanka; sometimes it’s mostly racial, as whites and East Indians found throughout Africa in the 1970s or Asians in California in the 1870s. Sometimes it’s purely a matter of politics, as Argentines, Guatemalans, Salvadorans, and other Latins discovered more recently. Sometimes it amounts to no more than personal beliefs, as the McCarthy era in the 1950s and the Salem trials in the 1690s proved.

Throughout history government has served as a vehicle for the organization of hatred and oppression, benefitting no one except those who are ambitious and ruthless enough to gain control of it. That’s not to say government hasn’t, then and now, performed useful functions. But the useful things it does could and would be done far better by the market.

Editor’s Note: Sociopaths are drawn to the government. They seek power and control over others through coercion, taxation and more.

Unfortunately, there’s little any individual can practically do to change the course of these trends in motion.

The best you can and should do is to stay informed so that you can protect yourself in the best way possible, and even profit from the situation.

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What If the Government Has It Wrong? – LewRockwell

Posted by M. C. on May 21, 2020

What if the COVID-19 virus has run its course and run into natural immunities? What if many folks have had symptom-free episodes with many viruses and are now immune from them? What if the government refuses to understand this because it undermines the government’s power to control us?

What if — as Thomas Jefferson said — the blood of patriots should be spilled on the tree of revolution at least once in every generation? What if we nullify the government that has nullified our rights?

https://www.lewrockwell.com/2020/05/andrew-p-napolitano/what-if-the-government-has-it-wrong/

By

What if the government has it wrong — on the medicine and the law?

What if face masks can’t stop the COVID-19 virus? What if quarantining the healthy makes no medical sense? What if staying at home for months reduces immunity?

What if more people have been infected with the virus in their homes than outside them?

What if there are as many credible scientists and physicians who disagree with the government as those who agree with it? What if the government chooses to listen only to scientists and physicians who would tell it what it wanted to hear? What if the government silences scientists and physicians, and even fires one, who attempt to tell it what it didn’t want to hear?

What if the government wants to stoke fear in the populace because mass fear produces mass compliance? What if individual fear reduces individual immunity?

What if a healthy immunity gets stronger when challenged? What if a pampered immunity gets weaker when challenged? What if we all pass germs and viruses — that we don’t even know we have — on to others all the time, but their immune systems repel what we pass on to them?

What if the COVID-19 virus has run its course and run into natural immunities? What if many folks have had symptom-free episodes with many viruses and are now immune from them? What if the government refuses to understand this because it undermines the government’s power to control us?

What if government orders to nursing homes and assisted living facilities to accept the sick and contagious are insane? What if the same government that micromanages nursing homes and assisted living facilities knows that they are not hospitals and are not equipped to cure the sick or contain contagion?

What if the government makes health care decisions not on the basis of medicine or human nature but statistics? What if reliance on the government’s statistics has made many folks sick?

What if we’d all be healthier and happier if we make our own choices with our own physicians rather than the government making choices for us? What if it is un-American for the government to tell you how to care for yourself? What if it is equally un-American for you to follow the government when it intrudes into your personal choices?

What if the Supreme Court has ruled many times that your health care decisions are private, personal and to be made between you and your physician? What if the Supreme Court has also ruled many times that your private health care decisions are none of the government’s business?

What if we never elected a government to keep us free from all viruses, but we did elect it to keep us free from all tyrants? What if the government — which can’t deliver the mail, fill potholes, stop robocalls, or spend within its income — is the last entity on earth into whose hands we would voluntarily repose our health for safekeeping? What if the government won’t admit that its understanding of science is colored by politics?

What if the government has misunderstood its mandate? What if the government thinks it can do its job by keeping us safe but unfree? What if — according to the Constitution and the Declaration of Independence — government’s first duty is to safeguard our rights? What if there is no legal basis for the government to keep us at home or to close our businesses?

What if the government gave itself the power to interfere with our personal choices? What if that self-imposed power violates the basic constitutional principle that the government derives its powers from the consent of the governed? What if no one consented to a government that interferes with our personal choices? What if our personal choices to take personal chances have never needed a government permission slip?

What if the Constitution was written to restrain the government? What if all in government — local, state and federal — have taken an oath to uphold and comply with the Constitution?

What if the government decrees that liquor sales are essential but clothing sales are not? What if the government decrees that abortions are essential but orthopedic surgery is not? What if the government decrees that music stores are essential but the free exercise of religion is not?

What if these decisions about what is essential and inessential are for individuals — and not for the government — to make?

What if to the barber or short-order cook or retail sales person a barbershop and a luncheonette and a clothing store are essential? What if to those who love God, the free exercise of religion is essential?

What if the government makes essential whatever serves its friends, enhances its wealth, maintains its stability and removes obstacles to its exercise of power? What if the Constitution — with its protections of our rights to make free choices — is an intentional obstacle to governmental power?

What if America’s founders and the Constitution’s framers chose liberty over safety? What if the government doesn’t like that choice? What if the government only nominally endorses it?

What if — when the pandemic is over — the government remains tyrannical? What if — when the pandemic is over — folks sue the government for its destruction of life, liberty and property only to learn that the government gave itself immunity from such lawsuits? What if — when the pandemic is over — the government refuses to acknowledge its end?

What if — as Thomas Jefferson said — the blood of patriots should be spilled on the tree of revolution at least once in every generation? What if we nullify the government that has nullified our rights?

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NJ Gov. Murphy: ‘I Wasn’t Thinking of the Bill of Rights’ When Issuing Stay-at-Home Order, Did Consult with Lawyers

Posted by M. C. on April 16, 2020

New Jersey Governor Phil Murphyon the Constitution

“That’s above my pay grade…

If New Jersey was dumb enough to elect him to begin with I doubt this will harm re-election.

https://www.breitbart.com/clips/2020/04/15/nj-gov-murphy-i-wasnt-thinking-of-the-bill-of-rights-when-issuing-stay-at-home-order-did-consult-with-lawyers/

Ian Hanchett

…The discussion then turned back to the restrictions on religious services. Host Tucker Carlson asked, “By what authority did you nullify the Bill of Rights in issuing this order? How do you have the power to do that?”

Murphy responded, “That’s above my pay grade, Tucker. So, I wasn’t thinking of the Bill of Rights when we did this.” Murphy continued that he looked at science and data on social distancing…

 

 

 

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Death in Slow Motion – LewRockwell

Posted by M. C. on April 16, 2020

Now, we have become a nation of sheep. We have elected officials with constitutionally assigned duties — and constitutionally imposed limitations — who have assumed to themselves dictatorial powers and have falsely claimed that they can interfere with our personal choices. Who are the governors to decide which human activities are essential? Abortion is essential but Mass is not? No constitution gave them that power.

Closing churches meets no constitutional standard. There is no question that fighting a pandemic is a compelling state interest, yet there are far less restrictive ways to address it than preventing worship.

https://www.lewrockwell.com/2020/04/andrew-p-napolitano/death-in-slow-motion/

By

During the past month, as Americans have been terrified of the coronavirus, another demon has been lurking ready to pounce. It is a demon of our own creation. It is the now amply manifested inability of elected officials to resist the temptation of totalitarianism. And it is slowly bringing about the death of personal liberty in our once free society.

It is one thing for public officials to use a bully pulpit to educate and even intimidate the populace into a prudent awareness of basic sanitary behaviors — even those which go against our nature — to impede the spread of the virus. It is quite another to contend that their suggestions and intimidations and guidelines somehow have the force of the law behind them.

They don’t. Read the rest of this entry »

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Resistance Building To Coronavirus ‘House Arrest’ Orders…It’s About Time!

Posted by M. C. on April 9, 2020

http://www.ronpaulinstitute.org/archives/featured-articles/2020/april/07/resistance-building-to-coronavirus-house-arrest-ordersits-about-time/

Across the country, from political leaders, to small business owners, to parents who just want to take their children to the park, resistance is growing to the authoritarians who have effectively suspended the Constitution and placed most of the country under house arrest. Lawsuits are also challenging unlawful “stay at home” orders. What if all the hysteria-driven orders have actually made the virus outbreak even worse? More scientists are coming forward to argue for the “Sweden model” of moderation rather than lockdown. Watch today’s Liberty Report:


Copyright © 2020 by RonPaul Institute. Permission to reprint in whole or in part is gladly granted, provided full credit and a live link are given.
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The Ron Paul Institute for Peace and Prosperity : End the Shutdown; It’s Time for Resurrection!

Posted by M. C. on April 7, 2020

On March 24th, the CDC issued an alert stating that doctors should classify “probable COVID-19” or “likely COVID-19” as Covid-19 deaths. Perhaps that explains the seeming drop-off of pneumonia deaths this year and the simultaneous spike in Covid-19 deaths as some researchers have reported.

The BBC reported last week that, “At present in the US, any death of a Covid-19 patient, no matter what the physician believes to be the direct cause, is counted for public reporting as a Covid-19 death.”

Does that sound like a scientifically sound way of determining how deadly Covid-19 really is?

http://ronpaulinstitute.org/archives/featured-articles/2020/april/06/end-the-shutdown-it-s-time-for-resurrection/

Written by Ron Paul

For many millions of Christians, Easter is a time to celebrate the resurrection of Jesus Christ. Others may celebrate the arrival of spring and the promise of new life. Whatever one’s beliefs, after several weeks of mandatory “stay at home” orders and the complete shutdown of the US economy over the coronavirus, this self-destructive hysteria must end and we must reclaim the freedom and liberty that has provided us so much opportunity as Americans.

To do that we should first understand that much of the hysteria is being generated by a mainstream media that has long prioritized sensationalism over investigating and reporting the truth. Government bureaucrats are also exaggerating the threat of this virus and appear to be enjoying the power and control that fearful people are willingly handing over to them. One “coronavirus” bureaucrat even told us that we can no longer go to the grocery store! So we should just starve?

It is certainly possible to believe that this virus can be dangerous while at the same time pointing out that radical steps are being taken in our society – stay-at-home orders, introduction of de facto martial law, etc. – with very little knowledge of just how deadly is this disease.

On March 24th, the CDC issued an alert stating that doctors should classify “probable COVID-19” or “likely COVID-19” as Covid-19 deaths. Perhaps that explains the seeming drop-off of pneumonia deaths this year and the simultaneous spike in Covid-19 deaths as some researchers have reported.

The BBC reported last week that, “At present in the US, any death of a Covid-19 patient, no matter what the physician believes to be the direct cause, is counted for public reporting as a Covid-19 death.”

Does that sound like a scientifically sound way of determining how deadly Covid-19 really is?

What is most dangerous is that although this virus will eventually disappear, the assault on our civil liberties is not likely to be reversed. From this point on, whenever local officials, county officials, state governors, or federal bureaucrats decide there is sufficient reason to suspend the Constitution they will not hesitate to do so. Anyone who challenges the suspension of the Constitution “for our own good” will be labeled “unpatriotic” and perhaps even reported to the authorities. We have already seen hotlines springing up across the country for Americans to report other Americans who dare venture outside to enjoy the sun and build up their vitamin D protection against the coronavirus.

The government is justified in cancelling the Constitution, we are told, because we are in an emergency situation caused by the Covid-19 virus. But do people forget that the Constitution itself was written and adopted while we were in an “emergency situation”?

Did the framers of the Constitution fail to add an 11th Amendment to the Bill of Rights saying, “oh by the way, none of this counts if we get sick”? Of course not! Those who wrote our Constitution understood that these rights are not granted by the government, but rather by our Creator. Thus it was never a question as to when or under what conditions they could be suspended: the government had no authority to suspend them at all because it did not grant them in the first place.

Our country is far less at risk from the coronavirus than it is from the thousands of small and large authoritarians who have suddenly flexed their muscles across the country. President Trump would do well to end this ridiculous shutdown so that Americans can get on with their lives and get back to work.

Americans should remember the tyrants who locked them down next time they go to the ballot box. Let’s demand an end to the shutdown so we can resurrect our economy, our lives, and our liberties!

Copyright © 2020 by RonPaul Institute. Permission to reprint in whole or in part is gladly granted, provided full credit and a live link are given.

 

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The Rutherford Institute :: Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers | By John W. Whitehead |

Posted by M. C. on March 26, 2020

The America metamorphosing before our eyes is almost unrecognizable from the country I grew up in, and that’s not just tragic—it’s downright terrifying.

This is how freedom dies.

We erect our own prison walls, and as our rights dwindle away, we forge our own chains of servitude to the police state.

https://www.rutherford.org/publications_resources/john_whiteheads_commentary/suspending_the_constitution_police_state_uses_crises_to_expand_its_lockdown_powers

By John W. Whitehead

“That was when they suspended the Constitution. They said it would be temporary. There wasn’t even any rioting in the streets. People stayed home at night, watching television, looking for some direction. There wasn’t even an enemy you could put your finger on.”― Margaret Atwood, The Handmaid’s Tale

You can always count on the government to take advantage of a crisis, legitimate or manufactured.

This coronavirus pandemic is no exception.

Not only are the federal and state governments unraveling the constitutional fabric of the nation with lockdown mandates that are sending the economy into a tailspin and wreaking havoc with our liberties, but they are also rendering the citizenry fully dependent on the government for financial handouts, medical intervention, protection and sustenance.

Unless we find some way to rein in the government’s power grabs, the fall-out will be epic.

Everything I have warned about for years—government overreach, invasive surveillance, martial law, abuse of powers, militarized police, weaponized technology used to track and control the citizenry, and so on—has coalesced into this present moment.

The government’s shameless exploitation of past national emergencies for its own nefarious purposes pales in comparison to what is presently unfolding.

It’s downright Machiavellian.

Deploying the same strategy it used with 9/11 to acquire greater powers under the USA Patriot Act, the police state—a.k.a. the shadow government, a.k.a. the Deep State—has been anticipating this moment for years, quietly assembling a wish list of lockdown powers that could be trotted out and approved at a moment’s notice.

It should surprise no one, then, that the Trump Administration has asked Congress to allow it to suspend parts of the Constitution whenever it deems it necessary during this coronavirus pandemic and “other” emergencies.

It’s that “other” emergencies part that should particularly give you pause, if not spur you to immediate action (by action, I mean a loud and vocal, apolitical, nonpartisan outcry and sustained, apolitical, nonpartisan resistance).

In fact, the Department of Justice (DOJ) has been quietly trotting out and testing a long laundry list of terrifying powers that override the Constitution.

We’re talking about lockdown powers (at both the federal and state level): the ability to suspend the Constitution, indefinitely detain American citizens, bypass the courts, quarantine whole communities or segments of the population, override the First Amendment by outlawing religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, “stop and seize any plane, train or automobile to stymie the spread of contagious disease,” reshape financial markets, create a digital currency (and thus further restrict the use of cash), determine who should live or die…

You’re getting the picture now, right?

These are powers the police state would desperately like to make permanent.

Specifically, the DOJ wants to be able to indefinitely detain American citizens without trial. The DOJ also wants to be able to pause court proceedings and suspend the statute of limitations on criminal and civil cases.

Both signify a clear violation of every right espoused in the Constitution, including habeas corpus.

Habeas corpus, a fundamental tenet of English common law that guards against arbitrary and lawless state action, does not appear anywhere in the Bill of Rights. Its importance was such that it was enshrined in the Constitution itself. And it is of such magnitude that all other rights, including those in the Bill of Rights, are dependent upon it. Without habeas corpus, the significance of all other rights crumbles.

The right of habeas corpus was important to the Framers of the Constitution because they knew from personal experience what it was like to be labeled enemy combatants, imprisoned indefinitely and not given the opportunity to appear before a neutral judge. Believing that such arbitrary imprisonment is “in all ages, the favorite and most formidable instrument of tyranny,” the Founders were all the more determined to protect Americans from such government abuses.

Translated as “you should have the body,” habeas corpus is a legal action, or writ, by which those imprisoned unlawfully can seek relief from their imprisonment. Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-speaking civilization. The doctrine of habeas corpus stems from the requirement that a government must either charge a person or let him go free.

While serving as President, Thomas Jefferson addressed the essential necessity of habeas corpus. In his first inaugural address on March 4, 1801, Jefferson said, “I know, indeed, that some honest men fear that a republican government cannot be strong; that this government is not strong enough.” But, said Jefferson, our nation was “the world’s best hope” and, because of our strong commitment to democracy, “the strongest government on earth.” Jefferson said that the sum of this basic belief was found in the “freedom of person under the protection of the habeas corpus; and trial by juries impartially selected. These principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation.”

Throughout the twentieth century, the importance of the right of habeas corpus has repeatedly been confirmed by the U.S. Supreme Court. Yet 200-plus years after America’s founders risked their lives to secure their freedoms, we find ourselves right back where we started, with a government determined to strip us of every vestige of our freedoms.

The DOJ’s latest request to Congress is merely a signal that the police state is ready to step out of the shadows, with the current national emergency being a convenient cover for their dastardly deeds.

Bear in mind, however, that these powers the Trump Administration, acting on orders from the police state, are officially asking Congress to recognize and authorize barely scratch the surface of the far-reaching powers the government has already unilaterally claimed for itself.

Unofficially, the police state has been riding roughshod over the rule of law for years now without any pretense of being reined in or restricted in its power grabs by Congress, the courts or the citizenry.

As David C. Unger, observes in The Emergency State: America’s Pursuit of Absolute Security at All Costs:

“For seven decades we have been yielding our most basic liberties to a secretive, unaccountable emergency state – a vast but increasingly misdirected complex of national security institutions, reflexes, and beliefs that so define our present world that we forget that there was ever a different America. … Life, liberty, and the pursuit of happiness have given way to permanent crisis management: to policing the planet and fighting preventative wars of ideological containment, usually on terrain chosen by, and favorable to, our enemies. Limited government and constitutional accountability have been shouldered aside by the kind of imperial presidency our constitutional system was explicitly designed to prevent.”

This rise of an “emergency state” that justifies all manner of government tyranny in the so-called name of national security is all happening according to schedule. Read the rest of this entry »

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Coronavirus vs. Constitution: What can government stop you from doing in a pandemic?

Posted by M. C. on March 13, 2020

Apparently pretty much anything it wants.

Precedents are set.

People are trained to obey…or else.

Laws do not go away. Income tax, social security, tax withholding are a few that come to mind.

https://www.sacbee.com/news/nation-world/national/article241106636.html

By Hayley Fowler

Public closures, a ban on gatherings, quarantine notices and orders for isolation have become increasingly common as the coronavirus continues to spread across the United States.

Officials in Washington state and San Francisco are limiting the number of people allowed to attend public gatherings. The governor of California joined them on Thursday in urging the cancellation of all events with more than 250 people in attendance.

The governor of Kentucky, a Bible belt state, has asked churches and other religious institutions to temporarily cancel services.

But if it seems these actions are infringing on individual freedoms guaranteed by the U.S. Constitution, think again.

“You don’t have a right to assemble against the backdrop of known public health risk,” James G. Hodge told McClatchy News.

Hodge is the director of the Center for Public Health Law and Policy at Arizona State University, an affiliate of the Network for Public Health Law. As the number of COVID-19 cases climbs, he said, the types of “aggressive measures” taking place in some parts of the country will be used elsewhere.

As of Thursday, more than a dozen states from California to North Carolina have declared a state of emergency to try and stop the spread of the coronavirus.

Hodge said those declarations help shape how public health officials can respond at the state and local level, enabling them to act fast while instituting forms of social distancing — “which is one of the only tools we have available to us” during a public health crisis like the coronavirus pandemic, he said.

Officials typically have to go through legal processes to close an establishment or shut down public gatherings, Hodge said. But under a state of emergency, everything is expedited.

“It’s not that we don’t have time for First Amendment interests, it’s that we must act fast,” he said. “What was opened today can be closed tomorrow.”

Getting the courts involved

That doesn’t mean communities in the U.S. will see the kind of large-scale lock-downs happening in Italy and China, Hodge added.

But there are circumstances under which a voluntary recommendation can become involuntary.

A man in Missouri left quarantine to attend a father-daughter dance at a nearby hotel, McClatchy reported, prompting county health officials to warn “he must remain in his home or they will issue a formal quarantine that will require him and the rest of his family to stay in their home by the force of law.”

When someone opts to evade such recommendations, Hodge said, public health authorities can seek a court order mandating their compliance.

“Some of those basic liberties are going to be truncated for a brief period,” he said. “Most Americans understand the need for that.”

But these types of public closures and requests for self-quarantine aren’t without good reason — it’s “flattening the curve,” Vox reported.

If officials don’t stop the rapid spread of coronavirus, or at least slow it down, epidemiologists have said the health care system could be “overwhelmed by a sudden explosion of illness that requires more people to be hospitalized than it can handle,” according to Vox.

Our #FlattenTheCurve graphic is now up on @Wikipedia with proper attribution & a CC-BY-SA licence. Please share far & wide and translate it into any language you can! Details in the thread below. #Covid_19 #COVID2019 #COVID19 #coronavirus Thanks to @XTOTL & @TheSpinoffTV pic.twitter.com/BQop7yWu1Q

— Dr Siouxsie Wiles (@SiouxsieW) March 10, 2020

Least intrusive means

Still, these measures aren’t undertaken without due process.

“The government does have sweeping powers to combat communicable disease but there are limits,” said Jay Stanley, a senior policy analyst at the American Civil Liberties Union.

Stanley told McClatchy News officials have a set of guidelines to follow when it comes to making these decisions — it has to be overwhelmingly in the public interest, rooted in rational, scientific ends and done by the least intrusive means possible. There must also be a mechanism to challenge it.

Officials can’t, for example, use COVID-19 as an excuse or pretext “to achieve illegitimate ends” like shutting down a protest or discriminating against certain groups, he said.

Hodge said these types of measures aren’t designed to be punitive, they’re protective — and they don’t “trip any constitutional safeguards when done right.”

He pointed to a case from the 1980s in West Virginia where a man who officials suspected had tuberculosis was involuntarily confined in quarantine. The man argued he was denied due process when the trial court delayed appointing him an attorney, and judges agreed.

That, Hodge said, is an example of what not to do in a public health emergency.

“There really are definitive checklists of things you have to show to utilize quarantine and isolation powers at the level we’re going to see,” he told McClatchy.

‘Not guesswork’

But he said state and local health authorities know that — “this is not guesswork.”

The coronavirus hasn’t caught the public health system off guard so much as prompted them to operate on a much larger scale than usual, Hodge said.

“It gets a lot easier when Americans act on their own volition and self-quarantine pursuant to public health directives,” he said. “Most Americans will respond that way.”

The CDC has guidelines on legal authorities governing isolation and quarantine as well as the types of laws and regulations that come into play during a pandemic.

Be seeing you

I Make No Predictions, But Evil Takeover Is Imminent!

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The Rutherford Institute :: This Is a Test: How Will the Constitution Fare During a Nationwide Lockdown? | By John W. Whitehead |

Posted by M. C. on March 11, 2020

Watching the events of the various lockdowns unfold, I couldn’t help but think of Nazi Field Marshal Hermann Goering’s remarks during the Nuremberg trials. As Goering noted:

It is always a simple matter to drag people along whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. This is easy. All you have to do is tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in every country.

The training video is only five minutes long, but it says a lot about the government’s mindset and the way its views the citizenry. Even more troubling, however, is what this military video doesn’t say about the Constitution and the rights of the citizenry: nothing at all.

https://www.rutherford.org/publications_resources/john_whiteheads_commentary/this_is_a_test_how_will_the_constitution_fare_during_a_nationwide_lockdown

By John W. Whitehead

“It takes a remarkable force to keep nearly a million people quietly indoors for an entire day, home from work and school, from neighborhood errands and out-of-town travel. It takes a remarkable force to keep businesses closed and cars off the road, to keep playgrounds empty and porches unused across a densely populated place 125 square miles in size. This happened … not because armed officers went door-to-door, or imposed a curfew, or threatened martial law. All around the region, for 13 hours, people locked up their businesses and ‘sheltered in place’ out of a kind of collective will. The force that kept them there wasn’t external – there was virtually no active enforcement across the city of the governor’s plea that people stay indoors. Rather, the pressure was an internal one – expressed as concern, or helpfulness, or in some cases, fear – felt in thousands of individual homes.”—Journalist Emily Badger, “The Psychology of a Citywide Lockdown”

This is a test.

This is not a test of our commitment to basic hygiene or disaster preparedness or our ability to come together as a nation in times of crisis, although we’re not doing so well on any of those fronts.

No, what is about to unfold over the next few weeks is a test to see how well we have assimilated the government’s lessons in compliance, fear and police state tactics; a test to see how quickly we’ll march in lockstep with the government’s dictates, no questions asked; and a test to see how little resistance we offer up to the government’s power grabs when made in the name of national security.

Most critically of all, this is a test to see whether the Constitution—and our commitment to the principles enshrined in the Bill of Rights—can survive a national crisis and true state of emergency.

Here’s what we know: whatever the so-called threat to the nation—whether it’s civil unrest, school shootings, alleged acts of terrorism, or the threat of a global pandemic in the case of COVID-19—the government has a tendency to capitalize on the nation’s heightened emotions, confusion and fear as a means of extending the reach of the police state.

This coronavirus epidemic, which has brought China’s Orwellian surveillance out of the shadows and caused Italy to declare a nationwide lockdown, threatens to bring the American Police State out into the open on a scale we’ve not seen before.

If and when a nationwide lockdown finally hits—if and when we are forced to shelter in place— if and when militarized police are patrolling the streets— if and when security checkpoints have been established— if and when the media’s ability to broadcast the news has been curtailed by government censors—if and when public systems of communication (phone lines, internet, text messaging, etc.) have been restricted—if and when those FEMA camps the government has been surreptitiously building finally get used as quarantine detention centers for American citizens—if and when military “snatch and grab” teams are deployed on local, state, and federal levels as part of the activated Continuity of Government plans to isolate anyone suspected of being infected with COVID-19—and if and when martial law is enacted with little real outcry or resistance from the public—then we will truly understand the extent to which the government has fully succeeded in recalibrating our general distaste for anything that smacks too overtly of tyranny.

This is how it begins.

The coronavirus epidemic may well be a legitimate health concern, but it’s the government’s response to it that worries me more in the long term.

Based on the government’s track record and its long-anticipated plans for instituting martial law (using armed forces to solve domestic political and social problems) in response to a future crisis, there’s good reason to worry.

This is not a government with a rosy view of the future.

To the contrary, the government’s vision of the future is particularly ominous if a Pentagon training video created by the Army for U.S. Special Operations Command is anything to go by.

Obtained by The Intercept through a FOIA request, the training video titled “Megacities: Urban Future, the Emerging Complexity” provides a chilling glimpse of what the government expects the world to look like in 2030, a world bedeviled by “criminal networks,” “substandard infrastructure,” “religious and ethnic tensions,” “impoverishment, slums,” “open landfills, over-burdened sewers,” a “growing mass of unemployed,” and an urban landscape in which the prosperous economic elite must be protected from the impoverishment of the have nots.

Add health contagions to the mix, and we’re arrived there, ten years ahead of schedule.

The training video is only five minutes long, but it says a lot about the government’s mindset and the way its views the citizenry. Even more troubling, however, is what this military video doesn’t say about the Constitution and the rights of the citizenry: nothing at all.

In typical fashion, the government seems to consider the Constitution only when forced to do so. It complies with the dictates of the Constitution even less frequently. Indeed, the government’s efforts to systematically lock down the nation and shift us into martial law have not been stymied one iota by the restraints imposed upon it by the Constitution: when it’s not bulldozing its way through the Fourth Amendment, the government just sidesteps it (with the help of the courts).

So what should you expect if the government decides to declare a national state of emergency and institute a nationwide lockdown?

More of the same of what we’ve been seeing in recent years.

After all, like the proverbial boiling frogs, the government has been gradually acclimating us to the specter of a police state for years now: Militarized police. Riot squads. Camouflage gear. Black uniforms. Armored vehicles. Mass arrests. Pepper spray. Tear gas. Batons. Strip searches. Surveillance cameras. Kevlar vests. Drones. Lethal weapons. Less-than-lethal weapons unleashed with deadly force. Rubber bullets. Water cannons. Stun grenades. Arrests of journalists. Crowd control tactics. Intimidation tactics. Brutality.

This is how you prepare a populace to accept a police state willingly, even gratefully.

You don’t scare them by making dramatic changes. Rather, you acclimate them slowly to their prison walls. Persuade the citizenry that their prison walls are merely intended to keep them safe and danger out. Desensitize them to violence, acclimate them to a military presence in their communities, and persuade them that only a militarized government can alter the seemingly hopeless trajectory of the nation.

It’s happening already.

The sight of police clad in body armor and gas masks, wielding semiautomatic rifles and escorting an armored vehicle through a crowded street, a scene likened to “a military patrol through a hostile city,” no longer causes alarm among the general populace.

We’ve allowed ourselves to be acclimated to the occasional lockdown of government buildings, Jade Helm military drills in small towns so that special operations forces can get “realistic military training” in “hostile” territory, and  Live Active Shooter Drill training exercises, carried out at schools, in shopping malls, and on public transit, which can and do fool law enforcement officials, students, teachers and bystanders into thinking it’s a real crisis.

Still, you can’t say we weren’t warned.

Back in 2008, an Army War College report revealed that “widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security.” The 44-page report went on to warn that potential causes for such civil unrest could include another terrorist attack, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters.”

In 2009, reports by the Department of Homeland Security surfaced that called on the government to subject right-wing and left-wing activists and military veterans to full-fledged pre-crime surveillance.

Meanwhile, the government has been amassing an arsenal of military weapons, including hollow point bullets, for use domestically and equipping and training their “troops” for war. Even government agencies with largely administrative functions such as the Food and Drug Administration, Department of Veterans Affairs, and the Smithsonian have been acquiring body armor, riot helmets and shields, cannon launchers and police firearms and ammunition. In fact, there are now at least 120,000 armed federal agents carrying such weapons who possess the power to arrest.

Rounding out this profit-driven campaign to turn American citizens into enemy combatants (and America into a battlefield) is a technology sector that has been colluding with the government to create a Big Brother that is all-knowing, all-seeing and inescapable. It’s not just the drones, fusion centers, license plate readers, stingray devices and the NSA that you have to worry about. You’re also being tracked by the black boxes in your cars, your cell phone, smart devices in your home, grocery loyalty cards, social media accounts, credit cards, streaming services such as Netflix, Amazon, and e-book reader accounts.

All of this has taken place right under our noses, funded with our taxpayer dollars and carried out in broad daylight without so much as a general outcry from the citizenry.

And then you have the government’s Machiavellian schemes for unleashing all manner of dangers on an unsuspecting populace, then demanding additional powers in order to protect “we the people” from the threats. Almost every national security threat that the government has claimed greater powers in order to fight—all the while undermining the liberties of the American citizenry—has been manufactured in one way or another by the government.

We have made it way too easy for the government to lockdown the nation.

Consider that it was seven years ago when the city of Boston was locked down while police carried out a military-style manhunt for suspects in the 2013 Boston Marathon explosion.

Six years ago, the city of Ferguson, Missouri, was locked down, with government officials deploying a massive SWAT team, an armored personnel carrier, men in camouflage pointing heavy artillery at the crowd, smoke bombs and tear gas to quell citizen unrest over a police shooting of a young, unarmed black man.

Five years ago, the city of Baltimore was put under a military-enforced lockdown after civil unrest over police brutality erupted into rioting. More than 1,500 national guard troops were deployed while residents were ordered to stay inside their homes and put under a 10 pm curfew.

Three years ago, it was Charlottesville, Va., population 50,000, that was locked down while government officials declared a state of emergency and enacted heightened security measures tantamount to martial law, despite the absence of any publicized information about credible threats to public safety.

Fast forward to the present moment, with the world on the verge of a possible coronavirus pandemic, and growing numbers of Americans are already voluntarily sheltering in place in an effort to avoid falling ill.

For those like myself who have studied emerging police states, the sight of any American city placed under martial law—its citizens essentially under house arrest (officials used the Orwellian phrase “shelter in place” in Boston to describe the mandatory lockdown), military-style helicopters equipped with thermal imaging devices buzzing the skies, tanks and armored vehicles on the streets, and snipers perched on rooftops, while thousands of black-garbed police swarmed the streets and SWAT teams carried out house-to-house searches—leaves us in a growing state of unease.

Watching the events of the various lockdowns unfold, I couldn’t help but think of Nazi Field Marshal Hermann Goering’s remarks during the Nuremberg trials. As Goering noted:

It is always a simple matter to drag people along whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. This is easy. All you have to do is tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in every country.

It does indeed work the same in every country.

Unfortunately, it doesn’t take much for the American people to be terrorized into compliance by the government’s latest and greatest scare tactic, even if it means being stripped of one’s constitutional rights at a moment’s notice.

This continual undermining of the rules that protect civil liberties has far-reaching consequences on a populace that not only remains ignorant about their rights but is inclined to sacrifice their liberties for phantom promises of safety.

It may be that we’ve already gone too far down this road. However, don’t let this latest “crisis” cause you to panic to such an extent that you relinquish your fundamental right to make decisions for yourself and your loved ones and willingly surrender what remains of your freedoms.

This too shall pass.

Remember, a police state does not come about overnight.

Yet as I make clear in my book Battlefield America: The War on the American People, no matter how it starts, with a questionable infringement justified in the name of safety or a nationwide lockdown to guard against a global pandemic, it always ends the same: by pushing us one step closer to a future in which the government has all the power and “we the people” have none.

Be seeing you

Gun laws don’t deter terrorists:

 

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