Does The United States Still Exist?

Submitted by Tyler Durden on 03/27/2016 22:20 -0400
http://www.zerohedge.com/news/2016-03-27/does-united-states-still-exist
Authored by Paul Craig Roberts,
An address delivered to the Libertarian Party of Florida on March 23, 2016 in Destin, Florida
To answer the question that is the title, we have to know of what the US consists. Is it an ethnic group, a collection of buildings and resources, a land mass with boundaries, or is it the Constitution. Clearly what differentiates the US from other countries is the US Constitution. The Constitution defines us as a people. Without the Constitution we would be a different country. Therefore, to lose the Constitution is to lose the country.
Does the Constitution still exist? Let us examine the document and come to a conclusion.
The Constitution consists of a description of a republic with three independent branches, legislative, executive, and judicial, each with its own powers, and the Bill of Rights incorporated as constitutional amendments. The Bill of Rights describes the civil liberties of citizens that cannot be violated by the government.
Article I of the Constitution describes legislative powers. Article II describes executive powers, and Article III describes the power of the judiciary. For example, Article I, Section 1 gives all legislative powers to Congress. Article I, Section 8 gives Congress the power to declare war.
The Bill of Rights protects citizens from the government by making law a shield of the people rather than a weapon in the hands of the government.
The First Amendment protects the freedom of speech, the press, and assembly or public protest.
The Second Amendment gives the people the right “to keep and bear arms.”
The Third Amendment has to do with quartering of soldiers on civilians, a large complaint against King George III, but not a practice of present-day armies.?
The Fourth Amendment grants “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and prevents the issue of warrants except “upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment prevents police and prosecutors from going on “fishing expeditions” in an effort to find some offense with which to charge a targeted individual.
The Fifth Amendment prohibits double jeopardy, self-incrimination, the taking of life, liberty, or property without due process and the prohibition of seizing property without just compensation.
The Sixth Amendment guarantees speedy and public trial, requires that a defendent be informed of the charge against him and to be confronted with the witnesses, to present witnesses in his favor, and to have the assistance of an attorney.
The Seventh Amendment gives the right of trial by jury to civil suits.
The Eighth Amendment prevents excessive bail and cruel and unusual punishments.
The Ninth Amendment says that the enumeration of certain rights in the Constitution does not deny or disparage others retained by the people. In other words, people have rights in addition to the those listed in the proscriptions against the government’s use of abusive power.
The Tenth Amendment reserves the rights not delegated to the federal government to the states.
The Tenth Amendment is a dead letter amendment. The Third Amendment protects against an abandoned abusive practice of government. The Seventh Amendment is still relevant as it allows damages in civil suits to be determined by a jury, once a protection against unfairness and today not always the case.
The other seven amendments comprise the major protections of civil liberty. I will examine them in turn, but first let’s look at Section 1 and Section 8 of Article I. These two articles describe the major powers of Congress, and both articles have been breached. The Constitution’s grant of “all legislative powers” to Congress has been overturned by executive orders and signing statements. The president can use executive orders to legislate, and he can use signing statements to render sections of laws passed by Congress and signed by the president into non-enforced status. Legislative authority has also been lost by delegating to executive branch officials the power to write the regulations that implement the laws that are passed. The right that Section 8 gives to Congress to declare war has been usurped by the executive branch. Thus, major powers given to Congress have been lost to the executive branch.
The First Amendment has been compromised by executive branch claims of “national security” and by extensive classification. Whistleblowers are relentlessly prosecuted despite federal laws protecting them. The right of assembly and public protest are overturned by arrests, tear gas, clubs, rubber bullets, water cannons, and jail terms. Free speech is also limited by political correctness and taboo topics. Dissent shows signs of gradually becoming criminalized.
The Fourth Amendment is a dead letter amendment. In its place we have warrantless searches, SWAT team home invasions, strip and cavity searches, warrantless seizures of computers and cell phones, and the loss of all privacy to warrantless universal spying.
The Fifth Amendment is a dead letter amendment. The criminal justice system relies on self-incrimination as plea bargains are self-incrimination produced by psychological torture, and plea bargains are the basis of conviction in 97% of all felony cases. Moreover, physical torture is a feature of the “war on terror” despite its illegality under both US statute and international law and is also experienced by inmates in the US prison system.
The Fifth Amendment’s protection against deprivation of life, liberty, and property without due process of law has been lost to indefinite detention, executive assassination, and property takings without compensation. The Racketer Influenced Corrupt Organizations Act (RICO) passed in 1970. The act permits asset freezes, which are takings. The Comprehensive Forfeiture Act passed in 1984 and permits police to confiscate property on “probable cause,” which often means merely the presence of cash.
The Sixth Amendment is a dead letter amendment. Prosecutors routinely withhold exculpatory evidence, and judges at prosecutors’ requests have limited attorneys’ ability to defend clients.The “war on terror” has introduced secret evidence and secret witnesses, making it impossible for a defendant and his attorney to defend against the evidence.
The Eighth Amendment’s prohibition of excessive bail and torture are routinely violated. It is another dead letter amendment.
It is paradoxical that every civil liberty in the Bill of Rights has been lost to a police state except for the Second Amendment, the gun rights of citizens. An armed citizenry is inconsistent with a police state, which the US now is.
Other aspects of our legal protections have been overturned, such as the long standing rule that crime requires intent. William Blackstone wrote: “An unwarrantable act without a vicious will is no crime at all.” But today we have crimes without intent. You can commit a crime and not even know it. See for example, Harvey Silverglate, Three Felonies A Day: How the Feds Target the Innocent.
Attorney-client privilege has been lost. The indictment, prosecution, and imprisonment of defense attorney Lynne Stewart is a good example. The DOJ prevailed on her to defend a blind Muslim regarded by the DOJ as a “terrorist.” She was informed that “special administrative measures” had been applied to her client. She received a letter from the federal prosecutor informing her that she and her client would not be permitted attorney-client privilege, and that she was required to permit the government to listen to her conversations with her client. She was told that she could not carry any communications from her client to the outside world. She regarded all this as illegal nonsense and proceeded to defend her client in accordance with attorney-client privilege. Lynne Stewart was convicted of violating a letter written by a prosecutor as if the prosecutor’s letter were a law passed by Congress and present in the US code. Based on a prosecutor’s letter, Lynne Stewart was sentenced to prison. No law exists that upholds her imprisonment.
Our civil liberties are often said to be “natural rights” to which we are entitled. However, in historical fact civil liberty is a human achievement that required centuries of struggle. The long struggle for accountable law that culminated in the Glorious Revolution in England in the late 17th century can be traced back to Alfred the Great’s codification of English common law in the 9th century and to the Magna Carta in the early 13th century. Instead of issuing kingly edicts, Alfred based law on the traditional customs and behavior of the people. The Glorious Revolution established the supremacy of the people over the law and held the king and government accountable to law. The United States and other former British colonies inherited this accomplishment, an accomplishment that makes law a shield of the people and not a weapon in the hands of the state.
Today law as a shield of the people has been lost. The loss was gradual over time and culminated in the George W. Bush and Obama regime assaults on habeas corpus and due process. Lawrence Stratton and I explain how the law was lost in our book, The Tyranny of Good Intentions. Beginning with Jeremy Bentham in the late 18th century, liberals saw the protective shield of law as a constraint on the government’s ability to do good. Bentham redefined liberty as the freedom of government from restraint, not the freedom of people from government. Bentham’s influence grew over time until in our own day, to use the words of Sir Thomas More in A man for All Seasons, the law was cut down so as to better chase after devils.

• We cut down the law so that we could better chase after the Mafia.
• We cut down the law so that we could better chase after drug users.
• We cut down the law so that we could better chase after child abusers.
• We cut down the law so that we could better chase after “terrorists.”
• We cut down the law so that we could better chase after whistleblowers.
• We cut down the law so that we could better cover up the government’s crimes.

Today the law is cut down. Any one of us can be arrested on bogus charges and be helpless to do anything about it.
There is very little concern in legal circles about this. The American Civil Liberties Union (ACLU) does attempt to defend civil liberty. However, just as often the ACLU is not defending the civil liberties in the Bill of Rights that protect us from the abuse of government power, but newly invented “civil rights” that are not in the Constitution, such as “abortion rights,” the right to homosexual marriage, and rights to preferential treatment for preferred minorities.
An attack on abortion rights, for example, produces a far greater outcry and resistance than the successful attack on habeas corpus and due process. President Obama was able to declare his power to execute citizens by executive branch decision alone without due process and conviction in court, and it produced barely audible protest.
Historically, a government that can, without due process, throw a citizen into a dungeon or summarily execute him is considered to be a tyranny, not a democracy. By any historical definition, the United States today is a tyranny.

Texas Governor Calls For Constitutional Convention To "Wrest Power From A Federal Government Run Amok"

Submitted by Tyler Durden on 01/09/2016 19:42 -0500
http://www.zerohedge.com/news/2016-01-09/texas-governor-calls-constitutional-convention-wrest-power-federal-government-run-am

When it comes to Texas' relationship with the Federal government, the word "rocky" comes to mind. And nobody embodies said rockiness better than Texas governor Greg Abbott, who recently made headlinesafter announcing that irrelevant of D.C.'s demands, Texas would refuse to accept any Syrian refugees.

This followed his announcement earlier this summer 2015 when fears over nebulous Federal intentions with operation "Jade Helm" were running high, that "to address concerns that Texas citizens and to ensure that Texas communities remain safe, secure, and informed about military procedures occurring in their vicinity, I am directing the state guard to monitor Operation Jade Helm 15."

Prior to this, Abbott was again in the news back in June when he signed a bill into law that would allow Texas to build a gold and silver bullion depository, which would allow Texas to repatriate $1 billion worth of bullion from the New York Fed to the new facility once completed.

In short: the Federal government and the state of Texas have been on collision course of many months, one which culminated on Friday when Abbott called for a Constitutional Convention of states, spearheaded by Texas, and which would amend the U.S. Constitution to wrest power from a federal government "run amok."

To achieve that, Abbott proposed nine amendments to "restore the Rule of Law and return the Constitution to its intended purpose."

“If we are going to fight for, protect and hand on to the next generation, the freedom that [President] Reagan spoke of … then we have to take the lead to restore the rule of law in America,” Abbott said, cited by the Dallas News, during a speech at the Texas Public Policy Foundation’s Policy Orientation that drew raucous applause from the conservative audience. He said he will ask lawmakers to pass a bill authorizing Texas to join other states calling for a Convention of States.

According to the Hill, Abbott said that "the increasingly frequent departures from Constitutional principles are destroying the Rule of Law foundation on which this country was built,” said Abbott in a statement. We are succumbing to the caprice of man that our Founders fought to escape. The cure to these problems will not come from Washington D.C. Instead, the states must lead the way.”

Along with the speech, Abbott released a nearly 70-page plan – part American civics lesson, part anti-Obama diatribe – detailing nine proposed constitutional amendments that he said "would unravel the federal government’s decades-long power grab and restore authority over economic regulation and other matters to the states."

"The irony for our generation is that the threat to our Republic doesn’t come just from foreign enemies, it comes, in part, from our very own leaders," Abbott said in a speech that took aim at President Obama, Congress and the judicial branch.

Abbott's nine proposed amendments are:

• Prohibit congress from regulating activity that occurs wholly within one state.
• Require Congress to balance its budget.
• Prohibit administrative agencies from creating federal law.
• Prohibit administrative agencies from pre-empting state law.
• Allow a two-thirds majority of the states to override a U.S. Supreme Court decision.
• Require a seven-justice super-majority vote for U.S. Supreme Court decisions that invalidate a democratically enacted law
• Restore the balance of power between the federal and state governments by limiting the former to the powers expressly delegated to it in the Constitution.
• Give state officials the power to sue in federal court when federal officials overstep their bounds.
• Allow a two-thirds majority of the states to override a federal law or regulation.

For those unfamiliar, a Constitutional Convention is one of two ways that the U.S. Constitution can be amended, and it’s described in Article V. One way is that Congress can propose amendments approved by two-thirds of the members of both chambers. The other method allows two-thirds of the state legislatures to call for a convention to propose amendments. Republicans backing the idea are confident that because they control state government in a majority of states, their ideas would prevail.

In both cases, the amendments become effective only if ratified by three-fourths of the states. Indicatively, of the 27 times the Constitution has been amended, none was generated by a constitutional convention.

Abbott is not the first to propose a convention: the idea has been gaining traction among some among conservative Republicans, comes just as the GOP presidential candidates begin to make forays into Texas ahead of the March primary election. The state, with 155 delegates up for grabs, will certainly be a key player in the party’s nominating process.

Earlier this week presidential contender Marco Rubio published a piece in USA Today endorsing the idea of a convention to amend the Constitution and restore limited government. In April, 27 active petitions had been filed with Congress seeking a convention to amend the constitution to require that Congress adopt a balanced budget.

Congress would be forced to act once 34 states joined the effort. So far, Cruz hasn’t endorsed the idea.

A convention, Abbott wrote, would force the federal government to “take the Constitution seriously again... The only true downside comes from doing nothing and allowing the federal government to continue ignoring the very document that created it,” Abbott wrote.

To be sure many conservatives agree with Abbott's posture that the only way to limit the powers of the Federal government is to resuscitate state power .

Of course, whereas Republicans are seeking to limit the role and power of government, Democrats demand just the opposite, and were quick to denounce Abbott’s plan Friday, saying the governor has misplaced priorities.

“America added 292,000 new jobs in December. But under Abbott, Texas fell to sixth in job creation, remains the uninsured capitol of the nation, wages and incomes remain far too low for hardworking families, our neighborhood schools are still underfunded, and college education is slipping out of reach,” Texas Democratic Party Deputy Executive Director Manny Garcia said in a statement. “Texas families deserve serious solutions, not Tea Party nonsense.”

What Manny Garcia did not add is that while oil was above $100, Texas was the state that had generated the most jobs under the Obama administration, and if it hadn't been for the Kerry-Saudi Arabia secret meetings which put into play the collapse in the price of oil, meant to cripple Russia but crushing US shale instead, Texas would continue to create record numbers of jobs.

However, since this is high politics, facts be damned, and the American Civil Liberties Union of Texas issued a statement with similar sentiment. “Governor Abbott, as Texans, we prefer the Framers’ plan. Don’t mess with the Constitution,” said Terri Burke, executive director of the ACLU of Texas.

A small but vocal Republican minority has also opined against the idea of a constitutional convention: last year, House legislators filed measures calling for such a convention. Texas senator Craig Estes unleashed a screed against the proposal when it came before the Senate State Affairs Committee in May. He compared the idea to “a petulant teenager who’s lost a few basketball games and plans to burn down the gymnasium.”

“The constitution has served us well for over 200 years. The problem is not the constitution,” Estes said, adding that the solution is to elect more conservative lawmakers. “Slap a bumper sticker for Ted Cruz on your car and get after it and knock yourself out.”

Estes went on to promise a filibuster if the measure came to the Senate floor.

Whether Abbott's proposal will gain steam and ultimately succeed is unknown, but it is virtually certain that the more the Obama administration governs via executive orders and other means to bypass the Legislative and short circuit the US government, the more powerful the grass-roots response at the state level will be, until eventually there is enough anger at the dysfunctional U.S. government at the 34 required states to do precisely as the Texan wants... that, or Trump is voted into the Oval Office as a protest against everything that is broken with the current political status quo.

US fall from virtuous republic to tragic-comic empire described perfectly by Roman historians

Posted on May 11, 2015 by Carl Herman

http://www.washingtonsblog.com/2015/05/us-fall-from-virtuous-republic-to-tragic-comic-empire-described-perfectly-by-roman-historians.html 

The ancient Greek historian, Polybius, celebrated the Roman republic of ~ 150 BC under its constitution with balance of powers among the Senate, two elected consuls, and the general citizens:

“Such being the power that each part has of hampering the others or co-operating with them, their union is adequate to all emergencies, so that it is impossible to find a better political system than this.”  – The Histories, Book VI, Section V: On the Roman Constitution at its Prime

Americans and people around the world were equally proud of the United States Constitution as “impossible to find a better political system than this.”
About 100 years after Polybius’ account, Rome’s republic had descended into oligarchic competition for power. Contemporary to Julius Caesar, the Roman historian and government insider Sallust blasted the decline of virtue in government:

“To those who had easily endured toils, dangers, and doubtful and difficult circumstances, ease and wealth, the objects of desire to others, became a burden and a trouble. At first the love of money, and then that of power, began to prevail, and these became, as it were, the sources of every evil. For avarice subverted honesty, integrity, and other honorable principles, and, in their stead, inculcated pride, inhumanity, contempt of religion, and general venality. Ambition prompted many to become deceitful; to keep one thing concealed in the breast, and another ready on the tongue; to estimate friendships and enmities, not by their worth, but according to interest; and to carry rather a specious countenance than an honest heart. These vices at first advanced but slowly, and were sometimes restrained by correction; but afterwards, when their infection had spread like a pestilence, the state was entirely changed, and the government, from being the most equitable and praiseworthy, became rapacious and insupportable.” – Conspiracy of Catiline, The Argument

The most prolific Roman historian, Livy, witnessed Rome’s transition into dictatorial empire with Augustus Caesar as first emperor. In his preface to address 700 years of Roman history:

“I have no doubt that the earliest origins and the immediately succeeding period will give less delight to the majority of readers who are hurrying to these recent times in which the might of a most powerful people has long been destroying itself.
… I shall seek this additional reward for my labor (recounting all Rome’s history) so that I may turn away from the contemplation of the evils that our age has seen for so many years.” – The History of Rome, Preface

Tacitus wrote ~ 100 AD, a century into empire. Emperors proclaimed to the public that their government still upheld the highest ideals of their Republic, claiming expanding empire was only and always in “self-defense.”
Emperor Domitian’s assassination in 96 AD (among ~22 murdered emperors), allowed Tacitus to write The Agricola, a biographical text of his father-in-law contrasting claimed virtue of Roman military and citizenry with the emperor’s utterly corrupt despotism.
Importantly, this text describes the problem of virtuous Romans within a psychopathic government. Tacitus describes Agricola attempting to uphold virtue; but without recognition of any evil in serving an expanding dictatorial empire. Tacitus seems to assume the ideal of mos maiorum, “custom/virtue of Roman forefathers” will eventually triumph over the evil of present “leadership.”
In Agricola’s campaign as military and political leader of Roman Britain to expand the empire to modern Scotland from 78 – 84 AD, Tacitus recorded a speech he attributes to Scottish rebel-leader, Calgacus, to voice how those of virtue characterized Roman empire under corrupt emperors:

“It is no use trying to escape their arrogance by submission or good behavior. Robbers of the world, having by universal plunder exhausted the land, their drive is greed. If the enemy be rich, they are rapacious; if poor, they lust for domination. Neither rule of the East nor West can satisfy them. Alone among men, they crave with equal eagerness poverty and riches. To plunder, slaughter, seize with false pretenses, they give the lying name ‘empire.’ And where nothing remains but a desert, they call that ‘peace.’ ” – Tacitus, The Agricola and the Germania (analyses here, here)

Roman imperialists called Calgacus and those who preferred independence from evil empire a name: barbarus. This is translated today as “barbarian,” but its context for using unconventional warfare to oppose the most powerful military in its day is better translated in today’s language with a different word:
Terrorist.
Indeed, Obama combines these terms to call ISIS “barbaric terrorists.”
American Founders created the US Constitution in light of Roman Republic design (here, here, among dozens), and aware previous republics had always self-destructed from corruption within their own nations. Among many of the Founders’ admonitions, James Madison was clear that citizen responsibility was essential to maintain a republic, no matter how well the Constitution was designed:

“A mere demarcation on parchment of the constitutional limits (of government) is not a sufficient guard against those encroachments which lead to a tyrannical concentration of all the powers of government in the same hands.”  – James Madison, Federalist Paper #48, 1788.

On September 18, 1787, just after signing the US Constitution, Benjamin Franklin met with members of the press. He was asked what kind of government America would have. Franklin warned: “A republic, if you can keep it.” In his speech to the Constitutional Convention, Franklin admonished: “This [U.S. Constitution] is likely to be administered for a course of years and then end in despotism… when the people shall become so corrupted as to need despotic government, being incapable of any other.”  – The Quotable Founding Fathers, pg. 39.
These warnings extend to all social science teachers of the present:

“As educators in the field of history–social science, we want our students to… understand the value, the importance, and the fragility of democratic institutions. We want them to realize that only a small fraction of the world’s population (now or in the past) has been fortunate enough to live under a democratic form of government.” – History-Social Science Framework for California Public Schools, pgs. 2, 7-8

US/UK/Israel today: Current Middle East armed attacks are proclaimed by US/UK/Israel “leaderships” as self-defense, just as Rome claimed. US “leaders” claim to uphold America’s highest ideals of freedom while removing almost all Constitutional Rights, as did Roman emperors. Corruption today, as in Rome, is rampant.
US/UK/Israel wars today are not even close to legal, and based on lies known to be false as they are told. Engaging in unlawful Wars of Aggression is the very opposite of a virtuous republic limited in power under its constitution. This is easy to verify for those with about an hour to look:

• Given US/UK/Israel wars and lust for more, what do two ‘supreme Law’ treaties say about lawful and unlawful war?
• US military legal argument for current wars: ‘Self-defense’ is whatever we say
• Knowing war law exposes ALL US/UK/Israel war ‘reasons’ as BS propaganda; Oaths require leaders’ arrests
• Confused about Hamas, ‘rockets’, war in Gaza? Those plus: Israeli occupation, lawful versus unlawful war, Israel illegal weapons, targeting hospitals
• Israel, Gaza and Palestine: What Americans Need to Know

Solutions learned from the past applied to the present: Tacitus’ argument was to wait-out tyranny in confidence public virtue of past ideals would triumph.
Tacitus was wrong.
A stronger solution would be critical mass recognition by the public of corruption in an Emperor’s New Clothes analogy, arrests, and a clear forum for whistleblowers to disclose the full extent of corruption.
In today’s world of tragic-comic US/UK/Israel corrupt empire, I propose the solution of:

• public demand for “leader” arrests. An arrest lawfully stops crimes.
• Truth & Reconciliation to encourage criminal minions to become whistleblowers so we can best discover the extent of the crimes waged by the .01% upon the 99.99%.
• With removed criminal oligarchs and corporate media who “covered” these crimes, we’d have honest opportunity for available economic solutions that would transform our beautiful, but historically dominated planet.

**
Note: I make all factual assertions as a National Board Certified Teacher of US Government, Economics, and History, with all economics factual claims receiving zero refutation since I began writing in 2008 among Advanced Placement Macroeconomics teachers on our discussion board, public audiences of these articles, and international conferences. I invite readers to empower their civic voices with the strongest comprehensive facts most important to building a brighter future. I challenge professionals, academics, and citizens to add their voices for the benefit of all Earth’s inhabitants.
**
Carl Herman is a National Board Certified Teacher of US Government, Economics, and History; also credentialed in Mathematics. He worked with both US political parties over 18 years and two UN Summits with the citizen’s lobby, RESULTS, for US domestic and foreign policy to end poverty. He can be reached at Carl_Herman@post.harvard.edu

Ellsberg: “I Am Grateful to Snowden for Having Given Us a Constitutional Crisis … a Crisis Instead of a Silent Coup”

Posted on February 14, 2014 by WashingtonsBlog

What Snowden Has Revealed … Is a Broken System of Our Constitution, And He’s Given Us the Opportunity To Get It Back

video here -  http://www.washingtonsblog.com/

Daniel Ellsberg told Amy Goodman:

[Snowden] came to believe, as I did, having made those oaths initially and the promises of nondisclosure, which were not oaths, but they are contractual agreements not to do that, which he later violated, as I did—he made those in good faith, by everything known to me, and came to realize, I think, eventually, as he said, that a nondisclosure agreement in this case and the secrecy conflicted with his oath, so help me God, to defend and support the Constitution of the United States, and it was a supervening—a superseding authority there that it was his responsibility really to inform the public, because, as he said, he could see that no one else would do it.
***
Congress knew [that Clapper's statements that the NSA doesn't spy on the American people] hey were false, the people he was talking to, the dozen, even the man who had asked the question, Senator Wyden. What we saw, what Snowden saw and what we all saw, was that we couldn’t rely on the so-called Oversight Committee of Congress to reveal, even when they knew that they were being lied to, and that’s because they were bound by secrecy, NSA secrecy and their own rule. The secrecy system here, in other words, has totally corrupted the checks and balances on which our democracy depends.
And I think the—I am grateful to Snowden for having given us a constitutional crisis, a crisis instead of a silent coup, as after 9/11 an executive coup, or a creeping usurpation of authority. He has confronted us. He has revealed documents now that prove that the oversight process, both in the judiciary, in the FISC, the secret court, and the secret committees in Congress who keep their secrets from them, even when two of them, Wyden and Udall, felt that these were outrageous, were shocking, were probably unconstitutional, and yet did not feel that they could inform even their fellow colleagues or their staff of this. What Snowden has revealed, in other words, is a broken system of our Constitution, and he’s given us the opportunity to get it back, to retrieve our civil liberties, but more than that, to retrieve the separation of powers here on which our democracy depends.

From Washington's blog

Have Americans Lost ALL of Our Constitutional Rights?

Posted on January 5, 2014 by WashingtonsBlog

Painting by Anthony Freda: www.AnthonyFreda.com

How Many Constitutional Freedoms Have We Lost?

This post explains the liberties guaranteed in the Bill of Rights – the first 10 amendments to the United States Constitution – and provides a scorecard on the extent of the loss of each right. (This is an updated version of an essay we wrote in February.  Since then, it has become apparent that the few rights we thought we had left are largely illusory.)

First Amendment

The 1st Amendment protects speech, religion, assembly and the press:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The Supreme Court has also interpreted the First Amendment as protecting freedom of association. However, the government is arresting those speaking out … and violently crushing peaceful assemblies which attempt to petition the government for redress. A federal judge found that the law allowing indefinite detention of Americans without due process has a “chilling effect” on free speech. And see thisand this. There are also enacted laws allowing the secret service to arrest anyone protesting near the president or other designated folks (that might explain incidents like this). Mass spying by the NSAviolates our freedom of association, chilling our willingness to associate with people who are not firmly in the mainstream. The threat of being labeled a terrorist for exercising our First Amendment rightscertainly violates the First Amendment. The government is using laws to crush dissent, and it’s gotten so bad that even U.S. Supreme Court justices are saying that we are descending into tyranny. For example, the following actions may get an American citizen living on U.S. soil labeled as a “suspected terrorist” today:

• Having an almanac

• Complaining about the taste of your tap water

• Being young (if you live near a battle zone, you are fair game; and see this)

• Using social media

• Reporting or doing journalism (and here and here)

• Having “strange odors” or “bright colored stains on clothes” (what if you eat mustard or ketchup?)

• Speaking out against government policies

• Protesting anything (such as participating in the “Occupy” or “Tea Party” movements)

• Questioning war (even though war reduces our national security; and see this)

• Criticizing the government’s targeting of innocent civilians with drones (although killing innocent civilians with drones is one of the main things which increases terrorism. And see this)

• Asking questions about pollution (even at a public Congressional hearing?)

• Paying cash at an Internet cafe

• Asking questions about Wall Street shenanigans

• Holding gold

• Creating alternative currencies

• Stocking up on more than 7 days of food (even though all Mormons are taught to stockpile food, and most Hawaiians store up on extra food)

• Having bumper stickers saying things like “Know Your Rights Or Lose Them”

• Investigating factory farming

• Infringing a copyright

• Taking pictures or videos

• Talking to police officers

• Wearing a hoodie

• Driving a van

• Writing on a piece of paper

• (Not having a Facebook account may soon be added)

And holding the following beliefs may also be considered grounds for suspected terrorism:

• Being frustrated with “mainstream ideologies”

• Valuing online privacy (and see this)

• Being a libertarian

• Liking the Founding Fathers

• Being a Christian

• Being anti-tax, anti-regulation or for the gold standard

• Being “reverent of individual liberty”

• Being “anti-nuclear”

• “Believe in conspiracy theories”

• “A belief that one’s personal and/or national “way of life” is under attack”

• “Impose strict religious tenets or laws on society (fundamentalists)”

• “Insert religion into the political sphere”

• “Those who seek to politicize religion”

• “Supported political movements for autonomy”

• Being “anti-abortion”

• Being “anti-Catholic”

• Being “anti-global”

• “Suspicious of centralized federal authority”

• “Fiercely nationalistic (as opposed to universal and international in orientation)”

• “A belief in the need to be prepared for an attack either by participating in … survivalism”

• Opposing genetically engineered food

• Opposing surveillance

Of course, Muslims are more or less subject to a separate system of justice in America. And 1st Amendment rights are especially chilled when power has become so concentrated that the same agencywhich spies on all Americans also decideswho should be assassinated.

Second Amendment

The 2nd Amendment states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Gun control and gun rights advocates obviously have very different views about whether guns are a force for violence or for good. But even a top liberal Constitutional law expert reluctantly admits that the right to own a gun is as important a Constitutional right as freedom of speech or religion:

Like many academics, I was happy to blissfully ignore the Second Amendment. It did not fit neatly into my socially liberal agenda. *** It is hard to read the Second Amendment and not honestly conclude that the Framers intended gun ownership to be an individual right. It is true that the amendment begins with a reference to militias: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Accordingly, it is argued, this amendment protects the right of the militia to bear arms, not the individual. Yet, if true, the Second Amendment would be effectively declared a defunct provision. The National Guard is not a true militia in the sense of the Second Amendment and, since the District and others believe governments can ban guns entirely, the Second Amendment would be read out of existence. *** More important, the mere reference to a purpose of the Second Amendment does not alter the fact that an individual right is created. The right of the people to keep and bear arms is stated in the same way as the right to free speech or free press. The statement of a purpose was intended to reaffirm the power of the states and the people against the central government. At the time, many feared the federal government and its national army. Gun ownership was viewed as a deterrent against abuse by the government, which would be less likely to mess with a well-armed populace.Considering the Framers and their own traditions of hunting and self-defense, it is clear that they would have viewed such ownership as an individual right — consistent with the plain meaning of the amendment. None of this is easy for someone raised to believe that the Second Amendment was the dividing line between the enlightenment and the dark ages of American culture. Yet, it is time to honestly reconsider this amendment and admit that … here’s the really hard part … the NRA may have been right. This does not mean that Charlton Heston is the new Rosa Parks or that no restrictions can be placed on gun ownership. But it does appear that gun ownership was made a protected right by the Framers and, while we might not celebrate it, it is time that we recognize it.

The gun control debate – including which weapons and magazines are banned – is still in flux …

Third Amendment

The 3rd Amendment prohibits the government forcing people to house soldiers:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

While a recent lawsuit by a Nevada family – covered by (Mother Jones, Fox News and Courthouse News– alleges bodily violation of the Third Amendment, such literal violation is virtually non-existent today. However, the NSA is stationing “digital troops” within our homes, taking over our computers and phones, and interfering with the quiet use and enjoyment of our houses. As such, the NSA is arguably violating our Third Amendment rights every single day.

Painting by Anthony Freda: www.AnthonyFreda.com.

Fourth Amendment

The 4th Amendment prevents unlawful search and seizure:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

But the government is spying on everything we do … without any real benefit or justification. Indeed, experts say that the type of spying being carried out by the NSA and other agencies is exactly the kind of thing which King George imposed on the American colonists … which led to the Revolutionary War. And many Constitutional experts – such as Jonathan Turley – think that the police went too far in Boston with lockdowns and involuntary door-to-door searches.

Paintings by Anthony Freda: www.AnthonyFreda.com.

Fifth Amendment

The 5th Amendment addresses due process of law, eminent domain, double jeopardy and grand jury:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

But the American government has shredded the 5th Amendment by subjecting us to indefinite detentionand taking away our due process rights. The government claims the right to assassinate or indefinitely detain any American citizen on U.S. citizen without any due process. And see this. As such, the government is certainly depriving people of life, liberty, or property, without due process of law. There are additional corruptions of 5th Amendment rights – such as property being taken for private purposes. And the right to remain silent is gone. The percentage of prosecutions in which a defendant is denied a grand jury is difficult to gauge, as there is so much secrecy surrounding many terrorism trials.

Image by William Banzai

Sixth Amendment

The 6th Amendment guarantees the right to hear the criminal charges levied against us and to be able to confront the witnesses who have testified against us, as well as speedy criminal trials, and a public defender for those who cannot hire an attorney:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Subjecting people to indefinite detention or assassination obviously violates the 6th Amendment right to a jury trial. In both cases, the defendants is “disposed of” without ever receiving a trial … and often without ever hearing the charges against them. More and more commonly, the government prosecutes cases based upon “secret evidence” that they don’t show to the defendant … or sometimes even the judge hearing the case. The government uses “secret evidence” to spy on Americans, prosecute leaking orterrorism charges (even against U.S. soldiers) and even assassinate people. And see this and this. Secret witnesses are being used in some cases. And sometimes lawyers are not even allowed to read their own briefs. Indeed, even the laws themselves are now starting to be kept secret. And it’s about to get a lot worse.

Seventh Amendment

The 7th Amendment guarantees trial by jury in federal court for civil cases:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Technically, this right is still being respected.   However, financial sheninagins have made it very difficult for most Americans to be able to enjoy this right. Specifically, the austerity caused by redistribution of wealth to the super-elite is causing severe budget cuts to the courts and legal assistance institutions. Moreover, there are two systems of justice in America … one for the big banks and other fatcats, and one for everyone else. The government made it official policy not to prosecute fraud, even though fraud is themain business model adopted by Wall Street. Indeed, the biggest financial crime in world history, thelargest insider trading scandal of all time, illegal raiding of customer accounts and blatant financing of drug cartels and terrorists have all been committed recently without any real criminal prosecution or jail time. On the other hand, government prosecutors are using the legal system to crush dissent and tosilence whistleblowers. And some of the nation’s most powerful judges have lost their independence … and are in bed with the powers-that-be.

Painting by Anthony Freda: www.AnthonyFreda.com

Eighth Amendment

The 8th Amendment prohibits cruel and unusual punishment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Indefinite detention and assassination are obviously cruel and unusual punishment. The widespread system of torture carried out in the last 10 years – with the help of other countries – violates the 8th Amendment. Many want to bring it back … or at least justify its past use. While Justice Scaliadisingenuously argues that torture does not constitute cruel and unusual punishment because it is meant to produce information – not punish – he’s wrong. It’s not only cruel and unusual … it is technically aform of terrorism. And government whistleblowers are being cruelly and unusually punished with unduly harsh sentences meant to intimidate anyone else from speaking out.

Ninth Amendment

The 9th Amendment provides that people have other rights, even if they aren’t specifically listed in the Constitution:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

We can debate what our inherent rights as human beings are. I believe they include the right to a level playing field, and access to non-toxic food and water. You may disagree. But everyone agrees that the government should not actively encourage fraud and manipulation. However, the government – through its malignant, symbiotic relation with big corporations – is interfering with our aspirations for economic freedom, safe food and water (instead of arsenic-laden, genetically engineered junk), freedom from undue health hazards such as irradiation due to government support of archaic nuclear power designs, and a level playing field (as opposed to our crony capitalist system in which the little guy has no shot due toredistribution of wealth from the middle class to the super-elite, and government support of white collarcriminals). By working hand-in-glove with giant corporations to defraud us into paying for a lower quality of life, the government is trampling our basic rights as human beings.

Tenth Amendment

The 10th Amendment provides that powers not specifically given to the Federal government are reserved to the states or individual:

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.

Two of the central principles of America’s Founding Fathers are:

(1) The government is created and empowered with the consent of the people and (2) Separation of powers

Today, most Americans believe that the government is threatening – rather than protecting – freedom. We’ve become more afraid of our government than of terrorists, and believe that the government is no longer acting with the “consent of the governed“. And the federal government is trampling the separation of powers by stepping on the toes of the states and the people. For example, former head S&L prosecutor Bill Black – now a professor of law and economics – notes:

The Federal Reserve Bank of New York and the resident examiners and regional staff of the Office of the Comptroller of the Currency [both] competed to weaken federal regulation and aggressively used the preemption doctrine to try to prevent state investigations of and actions against fraudulent mortgage lenders.

Indeed, the federal government is doing everything it can to stick its nose into every aspect of our lives … and act like Big Brother. Edward Snowden showed us that the NSA spying programs “were never about terrorism: They’re about economic spying, social control, and diplomatic manipulation. They’re about power.”

Conclusion: While one or two of the liberties enshrined in the Bill of Rights still exist, the vast majority are under heavy assault.

Other Constitutional Provisions … and The Declaration of Independence

In addition to the trampling of the Bill of Rights, the government has also trashed the separation of powers enshrined in the main body of the Constitution. For example, the NSA is spying on Congress. The government is also engaging in activities which the Founding Fathers fought against, such as taxation without representation (here and here), cronyism, deference to central banks, etc. As the preamble to the Declaration of Independence shows, the American government is still carrying out many of the acts the Founding Fathers found most offensive:

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. [Background] He has affected to render the Military independent of and superior to the Civil power. [Background here, here and here] *** He hascombined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: [Background] *** For transporting us beyond Seas to be tried for pretended offences [Background] *** He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. [Background] *** He has abdicated Government here, by declaring us out of his Protection and waging War against us. [Background here, here and here]

http://www.washingtonsblog.com/