Category Archives: Federalism

Ducking Around As Freedoms Go POOF

Constitution, Fascism, Federalism, Founding Fathers, Law, Liberty, The Courts

Face it, the idea of a judiciary that would police the executive as an arm of a self-correcting tripartite government is worse than naive. Rather, it WAS recklessly naive of the American Founding Fathers to imagine that branches of a government, each of whose power is enhanced when the power of the other branches grows, would serve as a check on one another.

Today, Judge William Pauley, “a Clinton appointee to the Southern District of New York,” ruled that “privacy protections enshrined in the fourth amendment of the US constitution needed to be balanced against a government need to maintain a database of records to prevent future terrorist attacks. ‘The right to be free from searches is fundamental but not absolute,’ he said. ‘Whether the fourth amendment protects bulk telephony metadata is ultimately a question of reasonableness.’”

Pauley argued that al-Qaida’s “bold jujitsu” strategy to marry seventh century ideology with 21st century technology made it imperative that government authorities be allowed to push privacy boundaries.

As if the purview of an American justice is to “marry” American law with Islamic ideology; a US judge must apply the constitution to the facts. In truth, any protection the natural law once provided us has been lost, buried under the rubble of legislation, statute, precedents, whatever.

The Guardian:

The judgement, in a case brought before a district court in New York by the American Civil Liberties Union, directly contradicts the result of a similar challenge in a Washington court last week which ruled the NSA’s bulk collection program was likely to prove unconstitutional and was “almost Orwellian” in scale.
Friday’s ruling makes it more likely that the issue will be settled by the US supreme court, although it may be overtaken by the decision of Barack Obama on whether to accept the recommendations of a White House review panel to ban the NSA from directly collecting such data.

There you have the sum of American freedom and federalism: Legislation that flouts the Fourth Amendment is already in place to provide Pauley with all the positive-law backing he needs to justify an anti-Constitutional ruling.

To wit:

The [Judge dismissed the] ACLU case against the NSA … primarily on the grounds that bulk collection was authorised under existing laws allowing “relevant” data collection to be authorised by secret US courts.

And if the Supreme Court doesn’t play (as nicely as Supremo Roberts played for ObamaCare)—there is always an extra-constitutional committee to kill off/override constitutional protections.

As the nation f-cks around with the huckster Ducksters, the ‘privacy protections enshrined in the Fourth Amendment of the US Constitution’ just got still weaker, as if this were possible.

On RT TV’s ‘Cross Talk,’ TRYING To Bust The Myth Of Mandela

Democracy, Federalism, Media, Propaganda, Race, Socialism, South-Africa

RT TV (Russia Today), and in particular Cross Talk, has facilitated perhaps the only rounded discussion of Mandela’s true legacy in mainstream media. However, RT producers failed to use ANY of the biographical material I provided TWICE—not one sentence of it: not my authorship of a book, which just happens to be about Mandela’s South Africa (“Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa”), and not my affiliations (WND and JIMS, an Israeli free-market think tank than deserves recognition for its work). It is not the first time this has transpired, so it could conceivably be perceived as a bias of sorts, and certainly as unprofessional. Had I not mentioned my book, listeners would be none the wiser.

My hideous face: I was up at 4:15 AM, had no make-up artist and thus was without the stuff; was seated in a small studio, where I stared at a board upon which a pair of peepers was painted, without seeing my interlocutors. Vanity aside, the emails received so far from my Afrikaner followers are all that matter to me. It’s about the duty to bear Christian witness (albeit by a Jew). Below are two such missives:

Writes Prime Minister P. W. Botha’s wife:

I watched RT this am. It was such a pity that you were not given more time. Much of what you said was sidelined – especially that of the decimation of the Afrikaner. The world just does not want to know that. Dear Jeremy, an armchair analyst. I think it is because you were born in Africa, that you understand the situation. We really cannot afford academics who would want to impose what they think would work, upon the masses. They understand nothing of Africa and the realities thereof.

And this from Hendrik:

Hi Ilana.

Things are going to become worse and worse for us whites (Afrikaners) in South Africa. I saw you on crosstalk today. You tried to mention us in mainstream media. Why would you have to, you have no reason to want to stand up for us other than your commitment to the truth. The truth, something that is difficult to spot in the media, especially these last couple of days. That’s why I thank you.
No one will ever stand up for us until it is too late, we realize we will only be able to depend on God and ourselves to survive this mess. What I have learned from history is that 99% of the world will deny our predicament until it’s too late. It happened many times before (Rwanda). No one will help us. Like when you tried to mention us the subject was changed faster than a french surrender. So again, I thank you for trying.
I’m sorry if it sounds like I’m complaining, I don’t mean to. Many peoples had to go through much worse in history.

No, Hendrik, not many people go through a worse event than ethnocide!

UPDATED: Anti-Federalists Prophesied The End Of Freedom (Gave Us The Bill Of Rights)

Constitution, Federalism, Founding Fathers, History, Political Philosophy, States' Rights, The State

“Anti-Federalists Prophesied The End Of Freedom” is the new column, now on WND. An excerpt:

“On the eve of the federal convention, and following its adjournment in September of 1787, the Anti-Federalists made the case that the Constitution makers in Philadelphia had exceeded the mandate they were given to amend the Articles of Confederation, and nothing more. The Federal Constitution augured ill for freedom, argued the Anti-Federalists. These unsung heroes had warned early Americans of the “ropes and chains of consolidation,” in Patrick Henry’s magnificent words, inherent in the new dispensation. …

… As “strong advocates of States’ Rights,” Anti-Federalists held that “self-government, independence, and individual liberty were best protected at the local level. A distant and powerful central government,” the kind cooked up at the Philadelphia convention, was anathema to these “cherished values.” To that end, Anti-Federalists fought to preserve the “loose-knit relationship” that had existed between the “Confederation government and the States.” …

… As the saying goes, “a prophet is not without honor save in his own country.”

To observe Obama (and predecessor) in action is to realize that Massachusetts delegate Elbridge Gerry and New York Anti-Federalist “Cato” were prophets who deserve a lot more honor in their own country. Both forewarned of an imperial presidency in the making. “‘The president,’ wrote “Cato,” has so much power that his office ‘differs very immaterially from the establishment of monarchy in Great Britain.'”

Indeed, President Barack Obama habitually “uses executive orders to circumvent federal legislation.” He exempts his “friends or political cronies” from oppressive laws his subjects must obey. And he orders the suspension of “duly enacted [immigration] law”—even “barring enforcement”—because he does not like the law.

A propagandized population has a hard time choosing worthy heroes. It is high time Americans celebrate the Anti-Federalists, for they were correct in predicting the fate of freedom after Philadelphia.

To deny that the Anti-Federalists were right is to deny reality. …

The complete column is “Anti-Federalists Prophesied The End Of Freedom.” Read it on WND.

Featured on Barely A Blog:

* “Nelson Mandela, ‘The Che Guevara of Of Africa.’”*

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UPDATE: BILL OF RIGHTS. The Anti-Federalists gave it to us. Absent their insistence on instantiating individual liberties in the Constitution, we’d have been without the the Bill of Rights.

Sundering What’s Left Of The Founder’s Senate

Constitution, Democrats, Federalism, Founding Fathers, Republicans

Today, Senate Democrats “effectively overturned more than 200 years of Senate precedent, not only on the judicial filibuster, as the Washington Post notes, but by moving to change the chamber’s rules without the traditional two-thirds majority in support, something previously done only to alter relatively minor rules.” (Reason.com.)

Say bye-bye to the legislation-stalling filibuster.

The filibuster is a powerful parliamentary device in the United States Senate, which in recent years has meant that most major legislation (apart from budgets and confirmations) requires a 60% majority to head off a filibuster. In recent years the majority has preferred to avoid filibusters by moving to other business when a filibuster is threatened …

Harry Reid and Barack Obama once shouted from the rooftops in support of these venerated Senate rules that have enabled “a minority to thwart the agenda and will of the party in power. …”

President Pinocchio lied. Again. But who’s counting?!

Reminds Reason.com: “The ability of a minority to thwart the agenda and will of the party in power is a feature, not a bug, of the constitutional order, but ‘majority rules’ is, unsurprisingly, popular with the majority.”