MCViewPoint

Opinion from a Libertarian ViewPoint

Posts Tagged ‘unconstitutional’

The Unconstitutional Abuses of the FBI

Posted by M. C. on December 5, 2024

“The transformation of the FBI back into a J. Edgar Hoover-style domestic spy service with sweeping political ambition has been a long-developing story, obscured by a political anomaly.”

“I have no idea if Kash Patel will do a good job or if he’ll even make it to office, but answering the question of why he was chosen as FBI Director isn’t hard: ironically, it’s the FBI that now needs to be disrupted, urgently, and he’s at least shown a willingness to do it. I doubt they’ll go quietly.”

By Ginny Garner

President-elect Trump nominated Kash Patel, author of the aptly titled book “Government Gangsters,” to head the FBI. Matt Taibbi wrote an interesting article explaining the unconstitutional overreach of the FBI from the 1960s to present  as a force to disrupt domestic political dissent to a spy surveillance agency and its dubious attempts at redemption by portraying itself as a serial killer chaser in the 1980s-90s:

When I heard Kash Patel had been tabbed by Donald Trump to run the FBI, I could already imagine the pushback and moved immediately to start the just-published article “The Bell Finally Tolls for the FBI” piece. The thought was that the role Patel played in preparing the “Nunes memo” was both the clearest example of media corruption from Trump’s first term and also the most easily demonstrated episode of FBI malfeasance. Since I had to spend an unnatural amount of time on the topic over the years (it even intersected with the Twitter Files and Hamilton 68) I quickly found myself in the weeds of the “memo” tale, when there’s a larger argument about why the FBI needs a major reorganization that someone needs to make amid what’s already an ugly fight about Patel’s nomination:

The transformation of the FBI back into a J. Edgar Hoover-style domestic spy service with sweeping political ambition has been a long-developing story, obscured by a political anomaly. In the first phase of this nightmare, between 2001 and 2016, the post-9/11 Bureau used the pretext of an enhanced counterintelligence mandate to throw off some mild restraints that had been placed on it the last time it had to be slapped down, i.e. after the Church Committee hearings in the 1970s. The second phase of its transformation took place after the election of Donald Trump, when the Bureau remade itself on the fly as a kind of government-in-exile, empowered by an outpouring of public and media support to view itself as a counterweight to the Trump government.

This dichotomy has probably helped prevent a full portrait of the FBI’s makeover from appearing. The more troubling aspects to phase one were mostly found in reports by a then-adversarial ACLU or in testimonials of agents and investigators who spoke out in places like Democracy Now! or the Southern Poverty Law Center, with examples being people like Colleen Rowley and Mike German. The post-Trump exposes of FBI excess meanwhile often appeared in places like Mollie Hemingway’s The Federalistor broadcasts by the likes of Tucker Carlson or even sites like The Conservative Treehouse, and the signature FBI whistleblowers of this period were agents like Steve FriendGarrett O’Boyle and Marcus Allen, testifying in front of Republican elected officials like Jim Jordan.

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Carry Permit Found Unconstitutional

Posted by M. C. on August 5, 2024

Good News…Sort Of

Armed Attorneys

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The Flat Tax Revisited Yet Again

Posted by M. C. on May 7, 2024

by Laurence M. Vance

There is nothing moral about a flat tax or any other tax that confiscates 17 percent, or any other percent, of someone’s income and then redistributes it, wastes it on government boondoggles, spends it on unconstitutional agencies or programs, sends it to foreigners and their governments, and funds unnecessary and immoral foreign military adventures.

Having a progressive income tax is indeed one of the 10 key planks of the Communist Manifesto and an instrument of class warfare. Yet the flat tax is also progressive, just like the current tax system with its seven tax brackets.

Tax season ended last month, but talk of tax reform is still very much with us.What is really needed is the abolition of welfare-warfare programs, along with the income tax that funds them.
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Many provisions of the Tax Cuts and Jobs Act (TCJA) that the Republican-controlled Congress passed, and President Trump signed into law, in 2017 will expire at the end of 2025, along with other temporary tax provisions not enacted by the TCJA—commonly known as “tax extenders.”

After 2025, marginal tax rates will revert to their pre-TCJA levels of 10, 15, 25, 28, 33, 35, and 39.6 percent. The basic standard deduction amounts will revert to their lower pre-TCJA levels and then be adjusted for inflation. The personal exemption will be reinstated and then be adjusted for inflation. The child credit will revert to its lower pre-TCJA amount. The “credit for other dependents” or “other dependent credit” (ODC) instituted by the TCJA will also expire. Cash contributions to charity will generally be limited to 50 percent of the taxpayer’s adjusted gross income (AGI). Taxpayers who itemize their deductions will no longer have a cap on their state and local tax (SALT) deduction, and the estate and gift tax exclusion amount will be cut in half and then be adjusted annually for inflation.

At a recent event in New York City, Steve Forbes—the editor-in-chief of Forbes who sought the Republican presidential nomination in 1996 and 2000—said that “he is advocating for Trump to support a flat 17% tax rate for all income brackets with ‘generous’ exemptions.’” For a family of four, Forbes suggests that the first $54,000 of income be exempt from federal income tax.

The event was organized by the Committee to Unleash Prosperity, whose mission is “to educate policy makers and the public about government policies that have been proven, in practice, to maximize economic growth and equitable prosperity in America and around the world.” The founders of the committee are Arthur Laffer, Stephen Moore, Larry Kudlow, and Steve Forbes.

Forbes has been one of the biggest proponents of a flat tax, and it was the centerpiece of his presidential campaigns and the subject of his 2005 book, Flat Tax Revolution: Using a Postcard to Abolish the IRS (Regnery, 2005).

I have been one of the biggest critics of the flat tax—and the FairTax and every other conservative tax-reform plan. I first visited the flat tax idea in my 2006 review of Forbes’s book, and then again in my 2008 New American article, “The Flat Tax Is Not Flat.” I revisited the flat tax again in my 2015 LewRockwell.com article, “The Flat Tax Revisited.” I think it is now time to revisit the flat tax yet again.

According to Forbes:

NEXT TO THE UNSTABLE DOLLAR, the biggest deadweight today on the American economy is the horrific federal income tax code. It is past time we junked this incomprehensible, opportunity-killing and corrupting monstrosity and replaced it with a simple flat tax.

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Americans Are Fighting for Control of Federal Powers That Shouldn’t Exist

Posted by M. C. on January 20, 2024

Today’s federal government is almost entirely unconstitutional

By Brian McGlinchey
Stark Realities

https://starkrealities.substack.com/p/americans-are-fighting-for-control

It’s no secret that politics in the United States is growing increasingly acrimonious — to the point that a 2022 poll found 43% of Americans think a civil war is a least somewhat likely in the next decade.

But here’s what few people realize: The intensity of our division springs from a federal government operating far beyond the limits of the Constitution — fueling a fight for control over powers that were never supposed to exist at the national level.

To put it another way, if the federal government were confined to its actual granted authorities, federal elections would be of little interest to the general public, because the outcome would be largely irrelevant to their everyday lives.


America’s founders drafted the Constitution with great trepidation. Having just escaped British tyranny, the people of the separate states that would comprise the proposed union were wary of centralizing too much power at the federal level, and thus sowing the seeds of a new tyranny.

They therefore set out to create a federal government to which the states delegated only certain limited powers, with all other subjects of governance reserved to the states.

Those powers — only 18 of them — are listed, one by one, in Article I, Section 8 of the Constitution. They include such things as the power to raise armies, maintain a navy, declare war, borrow money, coin money, establish punishments for counterfeiters and pirates, set standards of weights and measures, secure patents and establish post offices.

Reassuring those who were considering the enormously consequential decision of whether to ratify the Constitution, James Madison wrote,

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. [Federal powers] will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce…The powers reserved to the several States will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people.”

To win over those would-be ratifiers who still feared the proposed federal government would undercut state sovereignty and infringe individual liberties, ten amendments were drafted — the Bill of Rights. The 10th Amendment codified Madison’s previous assurance about the division of authorities between the federal and state governments:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

We arrive then at a hard fact: Today’s sprawling federal government, which involves itself in almost every aspect of daily American life, is almost entirely unconstitutional.

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Congress’s Unconstitutional Pay Raise Scandal

Posted by M. C. on November 1, 2023

Thanks to a backroom deal, members of the House of Representatives can now claim automatic reimbursement of $258 a night for lodging expenses and $79 a day for meals in D.C. — even if they don’t spend a dime. But though House members can pocket up to $34,000 a year in additional tax dollars, it’s not a pay raise, because politicians are entitled to use false labels for everything they do.

by James Bovard

“A good politician is almost as rare as an honest burglar,” once quipped H. L. Mencken. After the shenanigans around the latest congressional pay increase, America’s burglars should file a posthumous libel suit against Mencken for that disparaging comparison.

There is a pity party in Washington: You weren’t invited, but you’ll pay the bill.

The Constitution’s 27th Amendment, ratified in 1992, prohibits any law “varying the compensation for the services of the Senators and Representatives” from taking effect “until an election of representatives shall have intervened.” But the Constitution wasn’t permitted to impede the latest insider raid on the U.S. Treasury.

Thanks to a backroom deal, members of the House of Representatives can now claim automatic reimbursement of $258 a night for lodging expenses and $79 a day for meals in D.C. — even if they don’t spend a dime. But though House members can pocket up to $34,000 a year in additional tax dollars, it’s not a pay raise, because politicians are entitled to use false labels for everything they do.

Members of Congress are whining that they receive only $174,000 a year — more than triple the average U.S. salary and higher pay than 93 percent of what other Americans pocket. And it is a part-time job: The House of Representatives will be in session just 117 days this year. The New York Times reported, “Lawmakers, especially younger ones, have voiced concern about being able to afford to live in Washington, where they spend about a third of the year.” Few Americans get six-figure salaries for part-time gigs.

Admittedly, some new members of Congress are not too bright and maybe didn’t realize the job would require spending time in Washington. The poster boy for the pay raise was newly elected Rep. Maxwell Frost (D-Fla.), who complained he got turned down for an apartment in D.C. because of his “really bad” credit rating (in his own words). He wailed about his congressional gig: “This ain’t meant for people who don’t already have money.” But it wasn’t voters’ fault that Frost didn’t pay his bills. Actually, being a deadbeat is good job training for being a congressman and spending trillions of dollars the government doesn’t possess.

Rep. Alexandria Ocasio-Cortez (D-NY) moaned that “Congress structures itself to exclude and push out the few working-class people who do get elected.” Congressional salaries are far higher than average Americans’ pay in part to cover the extra cost of spending time in Washington. But House members wanted more.

The origins of the raise

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bill of attainder | Wex | US Law | LII / Legal Information Institute

Posted by M. C. on April 11, 2023

https://www.law.cornell.edu/wex/bill_of_attainder

A bill of attainder is a piece of legislation that declares a party is guilty of a crime. Bills of attainder allow the government to punish a party for a perceived crime without first going through the trial process. 

In the United States, bills of attainder are unconstitutional as stated in Article 1 Section 9 and Article 1 Section 10 of the U.S. Constitution. Article 9 prohibits federal bills of attainder and Article 10 prohibits bills of attainder by the states. The constitutional ban on bills of attainder works to uphold separation of powers principles by preventing Congress from assuming the functions of the judicial branch…

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Trying To Patch Up The Unconstitutional & Immoral Financial System Is A Fool’s Errand

Posted by M. C. on March 15, 2023

https://rumble.com/v2d4kl2-trying-to-patch-up-the-unconstitutional-and-immoral-financial-system-is-a-f.html

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‘Defend the Guard’ Receives Outstanding Committee Hearing in New Hampshire | The Libertarian Institute

Posted by M. C. on January 25, 2023

https://libertarianinstitute.org/articles/defend-the-guard-receives-outstanding-committee-hearing-in-new-hampshire/

by Dan McKnight

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“I didn’t know a lot about the Guard problem until I got involved in this, and the folks from Bring Our Troops Home sent me this very, extremely informative booklet on defending the Guard. And it’s now called the Defend the Guard bill.”

That’s how State Rep. John Potucek, a ret. U.S. Air Force staff sergeant and Vietnam veteran, introduced H.B. 229 at a hearing in front of the New Hampshire House of Representatives. The Defend the Guard Act would keep our National Guard out of unconstitutional wars and restore accountability over war and peace to our government.

We’re grateful for the credit. Bring Our Troops Home is the only organization in the country that works with legislators on Defend the Guard bills, prepares for committee hearings, and gathers testimonials from veterans.

That’s where all of your contributions go. When you become a member of our supporters’ group, the Ten Seven Club, your dollars go to getting bill numbers, finding co-sponsors, and making a show of force in front of committees.

That’s exactly what we did in New Hampshire.

Fourteen people testified in favor of H.B. 229. Six of them were members of the New Hampshire House of Representatives. And the amazing thing was, not all of them are bill sponsors. But they felt compelled in their hearts to show up—unprompted—and speak in favor of Defend the Guard.

Ten of them have served in either National Guard or some branch of the U.S. Armed Forces. A majority of them have seen combat firsthand. They showed up because soldiers, more than anyone, understand the oath we take to protect and defend the Constitution of the United States. We put our lives at risk for the country we love.

So when we see politicians and desk-job generals breaking the law, subverting our representative government, and flippantly risking the lives of our brothers and sisters in uniform…well, that doesn’t sit right with us.

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Still No Answers On The CIA’s Unconstitutional Mass Surveillance Of Americans | ZeroHedge

Posted by M. C. on February 15, 2022

https://www.zerohedge.com/political/still-no-answers-cias-unconstitutional-mass-surveillance-americans

Tyler Durden's Photo

by Tyler Durden

Monday, Feb 14, 2022 – 10:50 PM

By Matthew Guariglia & Andrew Crocker via Common Dreams/Electronic Freedom Foundation,

The Central Intelligence Agency has been collecting American’s private data without any oversight or even the minimal legal safeguards that apply to the NSA and FBI, an unconstitutional affront to our civil liberties. According to a declassified report released last week by the Privacy and Civil Liberties Oversight Board (PCLOB), the CIA’s surveillance program is reminiscent of the mass surveillance programs conducted by the NSA, though the details released thus far paint a disturbing picture of potential wide-scale violations of people’s privacy.To start, the CIA program has apparently been conducted outside the statutory reforms and oversight of the intelligence community instituted after revelations by Edward Snowden in 2013. The newly declassified CIA data collection program is carried out in conjunction with Executive Order 12333 and is therefore subject to even less oversight than the woefully under-supervised NSA surveillance programs subject to the Foreign Intelligence Surveillance Act.

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Watch “Inflation Is Roaring! Biden, Congress & The Fed Don’t Know What To Do!” on YouTube

Posted by M. C. on February 12, 2022

Inflation is caused by the Fed counterfeiting dollars. No counterfeiter, No inflation. This “system” is unconstitutional and a recipe for severe economic disaster. Money must be sound and counterfeiting must never be legal for anyone. The sooner we adopt sound money, the better. To continue to delay is to continue to recklessly play with fire.

https://youtu.be/GPI8TZT-6LM

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