Category Archives: Constitution

‘The Republic Has Been Lost. It Is Now A Dictatorship’

Barack Obama, Constitution, Fascism, Intelligence, libertarianism, Liberty, Natural Law, Terrorism, The State

It’s plain as day. Last “Thursday morning,” Judge Andrew Napolitano has written, “we learned that the Republic has been lost.”

We learned, according to published reports, that the Obama Department of Justice, the same folks who improperly seized emails from Fox News and telephone conversations from the Associated Press, has nearly half of all adult Americans in its cross hairs.
We learned that the DoJ sought a search warrant for every phone call of every customer of Verizon in the United States, without showing evidence of guilt against anyone.
Verizon reports that it has 113 million customers and handles one billion telephone calls in America every day.
Since at least April 25th of this year, every one of those calls had the names of the callers and all persons on the calls, their telephone numbers, their locations, and the length of the calls identified and sent directly to the National Security Agency–America’s domestic spies–on a daily and an on-going basis. …
The Constitution doesn’t trust them. We have not seen as broad and wide and deep a violation of the Fourth Amendment in our history. But thanks to the Patriot Act–that’s the Bush-era statute that lets federal agents write their own search warrants in blatant violation of the Fourth Amendment–the feds went to a secret court and asked and received a warrant unknown to history and unheard of in its scope to monitor the behavior of nearly half the nation; and they did so without telling us.
…President Obama, who must have approved of this, Attorney General Holder, who must have authorized it, and U.S. District Court Judge Roger Vinson who signed an open-ended search warrant ordering it are so blind to personal liberty in a free society that they are unworthy to hold their offices.

AND on the genesis of a naturally illicit law:

When British soldiers were roaming the American countryside in the 1760s with lawful search warrants with which they had authorized themselves to enter the private homes of colonists in order to search for government-issued stamps, Thomas Paine wrote, “These are the times that try men’s souls.” The soul searching became a revolution in thinking about the relationship of government to individuals. That thinking led to casting off a king and writing a Constitution.
What offended the colonists when the soldiers came legally knocking was the violation of their natural right to privacy, their right to be left alone. We all have the need and right to be left alone….
…After 9/11, Congress enacted the Patriot Act. This permitted federal agents to write their own search warrants, as if to mimic the British soldiers in the 1760s. It was amended to permit the feds to go to the FISA court and get a search warrant for the electronic records of any American who might communicate with a foreign person.
In 30 years, from 1979 to 2009, the legal standard for searching and seizing private communications – the bar that the Constitution requires the government to meet – was lowered by Congress from probable cause of crime to probable cause of being an agent of a foreign power to probable cause of being a foreign person to probable cause of communicating with a foreign person.

A Jarring Juxtaposition

Constitution, Ethics, Family, Individual Rights, libertarianism, Ron Paul

Economic Policy Journal juxtaposes Ron Paul and Rand Paul with resepct to what will, one day, be recognized as one of the defining issues of our time: EDWARD SNOWDEN’s whistleblowing bravery.

Ron Paul on Edward Snowden:

We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk.

Rand’s equivocation makes me miss Ron Paul even more. Read it at EPJ.

UPDATED: What Did The Visiting Chinese Leader Say To America’s Great Leader? (& Xi Jinping’s Follow-Up, Since Snowden)

Barack Obama, China, Constitution, Fascism

* Pot. Kettle. Black.
* You devil, you!
* You’re plenty good at violating the “cybersecurity” of “your own people”; how is it that you can’t stop us Chinese from doing the same to you?

Chinese President Xi Jinping, who is in the US for a state visit, is probably too polite to so goad President Barack Obama, but he should.

kettle-black

UPDATED (6/10): Xi Jinping’s (Imaginary) Follow-Up, when news broke in the real press (The Guardian) about whistleblower Edward Snowden’s courageous confessions and concomitant defection to Hong Kong:

“You can’t have him.”

Prior Restraint Arguments As Pretex To Watch YOU

Argument, Constitution, Homeland Security, Individual Rights, Intelligence, Law, Liberty, Rights, Socialism, Terrorism, The State

If we accept state aggression based on prior restraint arguments, then aggress we must ad absurdum. Why not stop all statists from procreating, lest they sire proponents of state theft and aggression? Such a program would at least be in furtherance of liberty. (And we could all do with fewer Meghan McCains.)

Prior restraint arguments are being galvanized as justification for nation-wide information sweeps conducted by the state for over a decade. Another cow, “Senator Dianne Feinstein of California, who as chairman of the Senate Intelligence Committee is supposed to be preventing this sort of overreaching,” said “that the authorities need this information in case someone might become a terrorist in the future.”

It is quite telling that the story about the “NSA collecting phone records of millions of Verizon customers daily” was broken by Glenn Greenwald (an American) writing for The Guardian (British).

Most serious libertarians have been shouting about state snooping from the rooftops for over a decade. Now you’re listening! I already told you weeks back that there was absolutely nothing new about state snooping.

Via The Guardian:

Under the Bush administration, officials in security agencies had disclosed to reporters the large-scale collection of call records data by the NSA, but this is the first time significant and top-secret documents have revealed the continuation of the practice on a massive scale under President Obama.
The unlimited nature of the records being handed over to the NSA is extremely unusual. Fisa court orders typically direct the production of records pertaining to a specific named target who is suspected of being an agent of a terrorist group or foreign state, or a finite set of individually named targets.
The Guardian approached the National Security Agency, the White House and the Department of Justice for comment in advance of publication on Wednesday. All declined. The agencies were also offered the opportunity to raise specific security concerns regarding the publication of the court order.
The court order expressly bars Verizon from disclosing to the public either the existence of the FBI’s request for its customers’ records, or the court order itself.
“We decline comment,” said Ed McFadden, a Washington-based Verizon spokesman.

(I believe “Entertainment Interruptus,” published on November 28, 2001, was my first column touching on the The Patriot Act.)