Category Archives: Constitution

Like The Left, Left-Libertarians Weaponize The ‘Nativist’ Pejorative

Constitution, IMMIGRATION, Left-Liberalism, libertarianism, Race, South-Africa, Welfare

Et tu John Stossel? Austin Petersen? On the latest John Stossel Show (whose website seldom carries any contents-driven updates or transcripts, too unhip), the pejorative “nativist” is being bandied about to malign the concept of borders in a welfare state, where welfare is a magnet. Due to open-borders immigration central planning, America, as I’ve warned in Into the Cannibal’s Pot, is headed to dominant-party status like my native South Africa. But left-libertarians wish to do away with borders before private property has been reinstated as the governing principle in American society.

Anathema, too, to left-libertarians is the idea that liberty has a cultural and historical context—it is not a proposition or a mere idea easily assimilated by all. Hell, look at Bernie Sanders’ platform and its many American supporters! Do we need to import more Bernie voters?!

Check out my homeland South Africa, RIP, where the minority had imagined the black majority would be bound by the same political abstractions—that fellow black South Africans would relinquish race as an organizing principle, in favor of a constitutional design, because hey, that just how people are. It’s second nature.

Didn’t happen. Won’t happen.

In the left-libertarian universe, the perspective of someone like myself is discounted by fast-talking youngsters who’ve yet to be mugged by reality and human nature.


READ:

“Apartheid South Africa: Reality Vs. Libertarian Fantasy.”

“The Sequel to ‘Suicide of A Superpower.’”


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Schooling Sanders On ‘Inequality Of Condition’ As Essential To Progress & Liberty

Constitution, Democracy, Federalism, Founding Fathers, Liberty, Socialism, Taxation

In his spectacular “Disquisition on Government,” John C. Calhoun, one of America’s greatest political thinkers, outlines why it is so dangerous to depict liberty as meaningless without equality, when the opposite is the truth. From A Disquisition on Government:

… There is another error, not less great and dangerous, usually associated with the one which has just been considered. I refer to the opinion, that liberty and equality are so intimately united, that liberty cannot be perfect without perfect equality.

That they are united to a certain extent — and that equality of citizens, in the eyes of the law, is essential to liberty in a popular government, is conceded. But to go further, and make equality of condition essential to liberty, would be to destroy both liberty and progress. The reason is, that inequality of condition, while it is a necessary consequence of liberty, is, at the same time, indispensable to progress. In order to understand why this is so, it is necessary to bear in mind, that the main spring to progress is, the desire of individuals to better their condition; and that the strongest impulse which can be given to it is, to leave individuals free to exert themselves in the manner they may deem best for that purpose, as far at least as it can be done consistently with the ends for which government is ordained — and to secure to all the fruits of their exertions.

Now, as individuals differ greatly from each other, in intelligence, sagacity, energy, perseverance, skill, habit of industry and economy, physical power, position and opportunity — the necessary effect of leaving all free to exert themselves to better their condition, must be a corresponding inequality between those who may possess these qualities and advantages in a high degree, and those who may be deficient in them. The only means by which this result can be prevented are, either to impose such restrictions on the exertions of those who may possess them in a high degree, as will place them on a level with those who do not; or to deprive them of the fruits of their exertions.

But to impose such restrictions on them would be destructive of liberty — while, to deprive them of the fruits of their exertions, could be to destroy the desire of bettering their condition. It is, indeed, his inequality of condition between the front and rear ranks, in the march of progress, which gives so strong an impulse to the former to maintain their position, and to the latter to press forward into their files. This gives to progress its greatest impulse. To force the front rank back to the rear, or attempt to push forward the rear into line with the front, by the interposition of the government, would put an end to the impulse, and effectually arrest the march of progress.

These great and dangerous errors have their origin in the prevalent opinion that all men are born free and equal — than which nothing can be more unfounded and false. It rests upon the assumption of a fact, which is contrary to universal observation, in whatever light it may be regarded. It is, indeed, difficult to explain how an opinion so destitute of all sound season, ever could have been so extensively entertained, unless we regard it as being confounded with another, which has some semblance of truth — but which, when properly understood, is not less false and dangerous. …

MORE Disquisition on Government.


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Schooling Beck On Trump’s Nullification Promise

Constitution, Donald Trump, Elections, Glenn Beck, Law, Liberty

“Schooling Beck On Trump’s Nullification Promise” is the current column, now on WND. An excerpt:

Former Fox News Channel broadcaster Glenn Beck, now of The Blaze TV, has been warning theatrically of an inchoate catastrophe should the country choose Donald J. Trump “as its next president.”

Trump “will be a monster much, much worse” than Barack Obama, says Beck. …

… “Where are the people who say we stand with the Constitution,” protested Beck. Trump fails to talk about the Constitution in depth, he blathered.

True. Trump is not a TV talker. Moreover, all candidates who talk about the Constitution “in depth” are dishonest. For there is no Constitution left to talk about. That thing died over the course of centuries of legislative, executive and judicial usurpation. That’s why when Iraqis were composing their Constitution (after no. 43 destroyed their country), the late Joe Sobran recommended we give them ours because we don’t use it.

Mention of the Constitution means nothing. It’s on the list of items candidates check when they con constituents. Beck went on to OMG it about Trump saying this: “President Obama’s irresponsible use of executive orders has paved the way for him to also use them freely if he wins the presidential race.”

Amen—provided Trump uses executive power to repeal lots of laws, not make them. We live under an administrative “Secret State.” Very many, maybe most, of the laws under which Americans labor ought to be repealed. The only laws that are naturally inviolable are those upholding life, liberty and property.

Trump, thankfully, has proclaimed: “the one thing good about executive orders: The new president, if he comes in – boom, first day, first hour, first minute, you can rescind that.”

Beck has protested. He apparently accepts the inherent legitimacy of Barack Obama’s executive orders. Beck also seems to believe that the Constitution, or some other higher order, demands that people continue to labor under burdensome government edicts forever after, and that to promise repeal is the act of a progressive.

“Ted Cruz,” countered Beck, who has since endorsed candidate Cruz, “is the guy who says he’s for certain principles and will be tethered and tied to them, exactly like Ronald Reagan was.”

Well, another of Eland’s discomforting observations about Reagan is that he “enhanced executive power through questionable means. Although presidential signing statements, accompanying bills passed by Congress, had been around since George Washington, Reagan began to use these signing statement to contravene or nullify Congress’s will without giving that body a chance to override a formal presidential veto.”

There’s nothing necessarily progressive about overturning laws that have been passed.

There is nothing sacred about every law an overweening national government and its unelected agencies inflict on the people. “At the federal level alone,” the number of laws totaled 160,000 pages,” in 2012. By John Stossel’s estimation, “Government adds 80,000 pages of rules and regulations every year.” According to the Heritage Foundation, “Congress continues to criminalize at an average rate of one new crime for every week of every year.”

America has become a nation of thousands-upon-thousands of arbitrary laws, whose effect is to criminalize naturally licit conduct. …

Read the rest.“Schooling Beck On Trump’s Nullification Promise” is now on WND.


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UPDATED: Treason: When DHS Adopts Policies That Give Islam A Pass

Business, Constitution, Free Markets, Government, Homeland Security, Islam, Jihad, Terrorism, The State

To shut down an investigation into an Islamic sect suspected of infiltrating US mosques is not “political correctness run amok,” as Fox News neocon Marc Thiessen finesses it, but treason.

Consider: You hire a private firm to protect you, only to discover that, as part of the scheme to “protect” you, your guards undergo sensitivity training which would desensitize them to potential evildoers, thus giving the latter easier access to you and yours. Given that this strategy, if it can be so called, would undermine your life, and considering this company would be violating its contractual responsibilities by reneging on the obligation to defend you—you’d first fire the firm. If the negligence came at a cost; you’d sue. You’d put this “business” and its “business plan” out of business.

Government has no meaningful contract with its citizen (other than a dead-letter Constitution). Thus you can’t fire leadership at Homeland Security for intentionally adopting policies that have likely already imperiled citizens. But you can, at least, call a spade a spade. It’s good to frame matters with precision.

What was exposed by Philip Haney—a heroic, soft-spoken, demure, retired employee of the Department of Homeland Security—is treason by any other name.

Via The American Thinker:

Philip Haney, a former employee at the Department of Homeland Security, has revealed that his superiors shut down an investigation that might have raised a red flag and averted the recent Islamic terror attack in San Bernardino. On Thursday, Megyn Kelly interviewed Haney, with backstory provided by Trace Gallagher.

Per Gallagher, Haney was one of the founding members of DHS. He was later assigned to the Intelligence Review Unit, where he investigated individuals with potential links to terrorism. While in this position he began to observe trends, including links between global terror networks and radicalized Muslims who were coming to America.

A year into the investigation, the State Department and the DHS Civil Rights Division told Haney that tracking these groups and individuals was problematic because they were Islamic groups. Haney reports that internal memos forbade him from developing any cases based on this profile.

His investigation was shut down, and many of his records were deleted, including evidence about a suspicious group as well as specific individuals tied to the mosque in Riverside, California, that Farook attended.

Haney notified Congress and the DHS inspector general about the termination of his investigation into Islamic groups. Instead of reinstating the investigation, he asserts they retaliated, relieving him of his duties and revoking his security clearance. Fox News reached out to the DHS for comment. They claimed that there are “many holes” in Haney’s story but could not comment further due to privacy laws.

During the interview with Kelly, Haney went into some detail about connections among various terror groups. He also spoke about the thousands of individuals his unit was tracking who were traveling in and out of the United States on the visa waiver program. As the investigation continued, more and more pieces fell into place. Among them, and as noted, Haney identified individuals connected to Farook’s mosque who would have been flagged. Haney did not say that Farook, in particular, was one of those people, but he appeared confident that if his investigation had been allowed to go forward, it is likely that Farook would have been identified. Once identified and flagged, Farook would have been put on the no-fly list because of his association with that mosque, and/or the K-1 visa his wife received might have been denied because of Farook’s affiliation with a known terror organization via the mosque (or perhaps directly, as well).

In sum, Haney believes that if he had been allowed to continue his investigation, he may have uncovered enough information to have thwarted the recent terror attack in San Bernardino.

Haney appears to have had a distinguished career, stating he has a commendation letter for finding 300 terrorists.

UPDATE (1/2): From the just-cited TAT, second-hand report, it must be concluded that neither did Congress heed Mr. Haney’s pleas. Haney’s own words, in The Hill, are more powerful:

Administration nixed probe into Southern California jihadists

By Philip Haney

There are terrorists in our midst and they arrived here using legal means right under the noses of the federal law enforcement agencies whose mission is to stop them. That is not due to malfeasance or lack of effort on the part of these officers; it is due to the restrictions placed on them by the Obama administration.

I was a firsthand witness to how these policies deliberately prevented scrutiny of Islamist groups. The two San Bernardino jihadists, Syed Farook and Tashfeen Malik, may have benefited from the administration’s closure of an investigation I initiated on numerous groups infiltrating radicalized individuals into this country.

While working for the Department of Homeland Security for 13 years, I identified individuals affiliated with large, but less well-known groups such as Tablighi Jamaat and the larger Deobandi movement freely transiting the United States. At the National Targeting Center, one of the premier organizations formed to “connect the dots,” I played a major role in an investigation into this trans-national Islamist network. We created records of individuals, mosques, Islamic Centers and schools across the United States that were involved in this radicalization effort. The Dar Al Uloom Al Islamiyah Mosque in San Bernardino was affiliated with this network and we had identified a member of it in our investigation. Farook frequented that mosque and was well-known to the congregation and mosque leadership.

Another focus of my investigation was the Pakistani women’s Islamist group al-Huda, which counted Farook’s wife, Tashfeen Malik, as a student. While the al-Huda International Welfare Foundation distanced themselves from the actions of their former pupil, Malik’s classmates told the Daily Mail she changed significantly while studying at al-Huda, gradually becoming “more serious and strict.” More ominously, the group’s presence in the U.S. and Canada is not without its other ties to ISIS and terrorism. In 2014, three recent former students at al-Huda’s affiliate school in Canada, aged 15 to 18, left their homes to join the Islamic State in Syria.

We had these two groups in our sights; if the investigation had continued and additional links been identified and dots connected, we might have given advance warning of the terrorist attack in San Bernardino. The combination of Farook’s involvement with the Dar Al Uloom Al Islamiyah Mosque and Malik’s attendance at al-Huda would have indicated, at minimum, an urgent need for comprehensive screening. It could also have led to denial of Malik’s K-1 visa or possibly gotten Farook placed on the No Fly list.

But after more than six months of research and tracking; over 1,200 law enforcement actions and more than 300 terrorists identified; and a commendation for our efforts; DHS shut down the investigation at the request of the Department of State and DHS’ own Civil Rights and Civil Liberties Division. They claimed that since the Islamist groups in question were not Specially Designated Terrorist Organizations (SDTOs) tracking individuals related to these groups was a violation of the travelers’ civil liberties. These were almost exclusively foreign nationals: When were they granted the civil rights and liberties of American citizens?

Worse still, the administration then went back and erased the dots we were diligently connecting. Even as DHS closed my investigation, I knew that data I was looking at could prove significant to future counterterror efforts and tried to prevent the information from being lost to law enforcement. In 2013, I met with the DHS Inspector General in coordination with several members of Congress to attempt to warn the American people’s elected representatives about the threat.

In retaliation, DHS and the Department of Justice subjected me to a series of investigations and adverse actions, including one by that same Inspector General. None of them showed any wrongdoing; they seemed aimed at stopping me from blowing the whistle on this problem. Earlier this year, I was finally able to honorably retire from government and I’m now taking my story to the American people as a warning.

My law enforcement colleagues and I must conduct our work while respecting the rights of those we monitor. But what I witnessed suggests the Obama administration is more concerned with the rights of non-citizens in known Islamist groups than with the safety and security of the American people.

That must change.

Haney is a recently retired DHS employee.


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