Archive for December, 2018

If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be.”—Thomas Jefferson

We are approaching critical mass, the point at which all hell breaks loose.

The government is pushing us ever closer to a constitutional crisis.

What makes the outlook so much bleaker is the utter ignorance of the American people—and those who represent them—about their freedoms, history, and how the government is supposed to operate.

As Morris Berman points out in his book Dark Ages America, “70 percent of American adults cannot name their senators or congressmen; more than half don’t know the actual number of senators, and nearly a quarter cannot name a single right guaranteed by the First Amendment. Sixty-three percent cannot name the three branches of government. Other studies reveal that uninformed or undecided voters often vote for the candidate whose name and packaging (e.g., logo) are the most powerful; color is apparently a major factor in their decision.”

More than government corruption and ineptitude, police brutality, terrorism, gun violence, drugs, illegal immigration or any other so-called “danger” that threatens our nation, civic illiteracy may be what finally pushes us over the edge.

As Thomas Jefferson warned, no nation can be both ignorant and free.

Unfortunately, the American people have existed in a technology-laden, entertainment-fueled, perpetual state of cluelessness for so long that civic illiteracy has become the new normal for the citizenry.

It’s telling that Americans were more able to identify Michael Jackson as the composer of a number of songs than to know that the Bill of Rights was the first 10 amendments to the U.S. Constitution.

In fact, most immigrants who aspire to become citizens know more about national civics than native-born Americans. Surveys indicate that half of native-born Americans couldn’t correctly answer 70% of the civics questions on the U.S. Citizenship test.

Not even the government bureaucrats who are supposed to represent us know much about civics, American history and geography, or the Constitution although they take an oath to uphold, support and defend the Constitution against “enemies foreign and domestic.”

For instance, a couple attempting to get a marriage license was recently forced to prove to a government official that New Mexico is, in fact, one of the 50 states and not a foreign country.

You can’t make this stuff up.

Here’s a classic example of how surreal the landscape has become.

Just in time for Bill of Rights Day on December 15, President Trump issued a proclamation affirming the importance of the Bill of Rights in guarding against government abuses of power.

“The Founding Fathers understood the real threat government can pose to the rights of the people… That is why those first 10 Amendments to the Constitution, among others, protected the right to speak freely, the right to freely worship, the right to keep and bear arms, the right to be free from unreasonable searches and seizures, and the right to due process of law. As a part of the Constitution, the supreme law of the land, the Bill of Rights has protected our rights effectively against the abuse of government power for 227 years… Since there will always be a temptation for government to abuse its power, we reaffirm our commitment to defend the Bill of Rights and uphold the Constitution.”

Don’t believe it for a second.

The government doesn’t want its abuses checked and it certainly doesn’t want its powers restricted.

For that matter, this is not a president who holds the Constitution in high esteem.

After all, Trump routinely rails against the rights enshrined in the first ten amendments to the Constitutiondecrying the free speech rights of protesters, denouncing the media (which enjoys freedom of the press) as the enemy of the people, supporting government efforts to seize private property through asset forfeiture and eminent domain, refusing to denounce the use of internment camps to detain American citizens, sneering at due process, and encouraging police officers to use excessive force against suspects.

As law professor Garrett Epps notes:

Donald Trump ran on a platform of relentless, thoroughgoing rejection of the Constitution itself, and its underlying principle of democratic self-government and individual rights. True, he never endorsed quartering of troops in private homes in time of peace, but aside from that there is hardly a provision of the Bill of Rights or later amendments he did not explicitly promise to override, from First Amendment freedom of the press and of religion to Fourth Amendment freedom from ‘unreasonable searches and seizures’ to Sixth Amendment right to counsel to Fourteenth Amendment birthright citizenship and Equal Protection and Fifteenth Amendment voting rights.”

To be fair, it’s not all Trump’s fault.

Indeed, we wouldn’t be in this sorry state if it weren’t for Presidents Barack Obama and George W. Bush and the damage their administrations inflicted on the freedoms enshrined in the Bill of Rights, which historically served as the bulwark from government abuse.

In the so-called named of national security, since 9/11, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded to such an extent that what we are left with is but a shadow of the robust document adopted more than two centuries ago.

The Bill of Rights—462 words that represent the most potent and powerful rights ever guaranteed to a group of people officially—became part of the U.S. Constitution on December 15, 1791, because early Americans such as James Madison and Thomas Jefferson understood the need to guard against the government’s inclination to abuse its power.

Yet the reality we must come to terms with is that in the America we live in today, the government does whatever it wants.

Make no mistake: if our individual freedoms have been restricted, it is only so that the government’s powers could be expanded at our expense.

The USA Patriot Act, passed in the wake of the 9/11 attacks, drove a stake through the heart of the Bill of Rights, violating at least six of the ten original amendments—the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments—and possibly the Thirteenth and Fourteenth Amendments, as well. The Patriot Act also redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations and civil disobedience were considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

Since 9/11, we’ve been spied on by surveillance cameras, eavesdropped on by government agents, had our belongings searched, our phones tapped, our mail opened, our email monitored, our opinions questioned, our purchases scrutinized (under the USA Patriot Act, banks are required to analyze your transactions for any patterns that raise suspicion and to see if you are connected to any objectionable people), and our activities watched.

We’ve also been subjected to invasive patdowns and whole-body scans of our persons and seizures of our electronic devices in the nation’s airports and at border crossings. We can’t even purchase certain cold medicine at the pharmacy anymore without it being reported to the government and our names being placed on a watch list.

Government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches (all sanctioned by Congress, the White House, the courts and the like), etc.: these are merely the weapons of the police state.

The power of the police state is dependent on a populace that meekly obeys without question.

Remember: when it comes to the staggering loss of civil liberties, the Constitution hasn’t changed. Rather, it is the American people who have changed.

Those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. The government’s purpose is to protect, defend and even enhance our freedoms, not violate them.

It was no idle happenstance that the Constitution opens with these three powerful words: “We the people.” Those who founded this country knew quite well that every citizen must remain vigilant or freedom would be lost. As Thomas Paine recognized, “It is the responsibility of the patriot to protect his country from its government.”

You have no rights unless you exercise them.

Still, you can’t exercise your rights unless you know what those rights are.

“If Americans do not understand the Constitution and the institutions and processes through which we are governed, we cannot rationally evaluate important legislation and the efforts of our elected officials, nor can we preserve the national unity necessary to meaningfully confront the multiple problems we face today,” warns the Brennan Center in its Civic Literacy Report Card. “Rather, every act of government will be measured only by its individual value or cost, without concern for its larger impact. More and more we will ‘want what we want, and [will be] convinced that the system that is stopping us is wrong, flawed, broken or outmoded.’”

Education precedes action.

As the Brennan Center concludes “America, unlike most of the world’s nations, is not a country defined by blood or belief. America is an idea, or a set of ideas, about freedom and opportunity. It is these ideas that bind us together as Americans and have kept us free, strong, and prosperous. But these ideas do not perpetuate themselves. They must be taught and learned anew with each generation.”

There is a movement underway to require that all public-school students pass the civics portion of the U.S. naturalization test100 basic facts about U.S. history and civics—before receiving their high-school diploma, and that’s a start.

Mind you, it’s only the first of many steps.

If there is to be any hope for restoring our freedoms and reclaiming our runaway government, we will have to start by breathing life into those three powerful words that set the tone for everything that follows in the Constitution: “we the people.”

People get the government they deserve.

As David Fouse writes for National Review, “A government by the people, for the people, and of the people is only as wise, as just, and as free as the people themselves.

It’s up to us.

We have the power to make and break the government.

We the American people—the citizenry—are the arbiters and ultimate guardians of America’s welfare, defense, liberty, laws and prosperity.

It’s time to stop waiting patiently for change to happen. Do more than grouse and complain.

We must act—and act responsibly.

Get outraged, get off your duff and get out of your house, get in the streets, get in people’s faces, get down to your local city council, get over to your local school board, get your thoughts down on paper, get your objections plastered on protest signs, get your neighbors, friends and family to join their voices to yours, get your representatives to pay attention to your grievances, get your kids to know their rights, get your local police to march in lockstep with the Constitution, get your media to act as watchdogs for the people and not lapdogs for the corporate state, get your act together, and get your house in order.

In other words, get moving.

A healthy, representative government is hard work. It takes a citizenry that is informed about the issues, educated about how the government operates, and willing to make the sacrifices necessary to stay involved, whether that means forgoing Monday night football in order to attend a city council meeting or risking arrest by picketing in front of a politician’s office.

Don’t wait for things to get as bad as they are in France, where civil unrest over a government  proposal to raise taxes on gas has turned into violent clashes between protesters and the police.

Whatever you do, please don’t hinge your freedoms on politics.

No election will ever truly alleviate the suffering of the American people.

No matter which party controls Congress or the White House, the government as we have come to know it—corrupt, bloated and controlled by big-money corporations, lobbyists and special interest groups—remains largely unchanged. And “we the people”—overtaxed, overpoliced, overburdened by big government, underrepresented by those who should speak for us and blissfully ignorant of the prison walls closing in on us—continue to trudge along a path of misery.

Remember what Noam Chomsky had to say about politics? “It is important to bear in mind that political campaigns are designed by the same people who sell toothpaste and cars.

In other words, as I make clear in my book Battlefield America: The War on the American People, we’re being sold a carefully crafted product by a monied elite who are masters in the art of making the public believe that they need exactly what is being sold to them, whether it’s the latest high-tech gadget, the hottest toy, or the most charismatic politician.

It’s just another Blue Pill, a manufactured reality conjured up by the matrix in order to keep the populace compliant and convinced that their vote counts and that they still have some influence over the political process.

Don’t buy any of it.

The Constitution is neutral when it comes to politics. What the Constitution is not neutral about, however, is the government’s duty to safeguard the rights of the citizenry.

“We the people” also have a duty that goes far beyond the act of voting: it’s our job to keep freedom alive using every nonviolent means available to us.

As Martin Luther King Jr. recognized in a speech delivered on December 5, 1955, just four days after Rosa Parks was arrested for refusing to relinquish her seat on a Montgomery city bus: “Democracy transformed from thin paper to thick action is the greatest form of government on earth.”

Know your rights. Exercise your rights. Defend your rights. If not, you will lose them.

WC: 2311

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.

 

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“This Christmas season finds us a rather bewildered human race. We have neither peace within nor peace without. Everywhere paralyzing fears harrow people by day and haunt them by night. Our world is sick with war; everywhere we turn we see its ominous possibilities. And yet, my friends, the Christmas hope for peace and goodwill toward all men can no longer be dismissed as a kind of pious dream of some utopian. If we don’t have goodwill toward men in this world, we will destroy ourselves by the misuse of our own instruments and our own power.”— Martin Luther King, Jr., “A Christmas Sermon on Peace”

To a nation of snowflakes, Christmas has become yet another trigger word.

The latest Christmas casualties in the campaign to create one large national safe space are none other than the beloved animated classic Rudolph the Red-Nosed Reindeer (denounced for promoting bullying and homophobia) which first aired on television on December 6, 1964, and the Oscar-winning tune “Baby, It’s Cold Outside” (accused of being a date rape anthem) crooned by everyone from Dean Martin to Will Ferrell and Zooey Deschanel in the movie Elf.

Also on the endangered species Christmas list are such songs as “Deck the Halls” (it supposedly promotes “gay” apparel), “Santa Baby” (it has been denounced for “slut shaming”), and “White Christmas” (perceived as being racist).

One publishing company even re-issued their own redacted version of Clement Clarke Moore’s famous poem “Twas the night before Christmas” in order to be more health conscious: the company edited out Moore’s mention of Santa smoking a pipe (“The stump of a pipe he held tight in his teeth, / And the smoke, it encircled his head like a wreath.”)

Oh the horror.

After a year plagued with its fair share of Scrooges and Grinches and endless months of being mired in political gloom and doom, we could all use a little Christmas cheer right now.

Unfortunately, the politically charged Right and Left have been trying to score points off each other for so long, using whatever means available, that even Christmas has been weaponized.

Yet just because the War on Christmas has been adopted as a war cry by Donald Trump doesn’t mean that it’s not real.

Look around you.

When I was a child in the 1950s, the magic of Christmas was promoted in the schools. We sang Christmas carols in the classroom. There were cutouts of the Nativity scene on the bulletin board, along with the smiling, chubby face of Santa and Rudolph. We were all acutely aware that Christmas was magic.

Fast forward to the present day, and there is a phobia surrounding Christmas that has turned it into fodder for the politically correct culture wars.

Indeed, in its “Constitutional Q&A: Twelve Rules of Christmas,” The Rutherford Institute points out that some communities, government agencies and businesses have gone to great lengths to avoid causing offense over Christmas.

Examples abound.

Schools across the country now avoid anything that alludes to the true meaning of Christmas such as angels, the baby Jesus, stables and shepherds.

In many of the nation’s schools, Christmas carols, Christmas trees, wreaths and candy canes have also been banned as part of the effort to avoid any reference to Christmas, Christ or God. One school even outlawed the colors red and green, saying they were Christmas colors and, thus, illegal.

Students asked to send seasonal cards to military troops have been told to make them “holiday cards” and instructed not to use the words “Merry Christmas” on their cards.

Many schools have redubbed their Christmas concerts as “winter holiday programs” and refer to Christmas as a “winter festival.” Some schools have cancelled holiday celebrations altogether to avoid offending those who do not celebrate the various holidays.

In Minnesota, a charter school banned the display of a poster prepared to promote the school’s yearbook as a holiday gift because the poster included Jack Skellington from Tim Burton’s The Nightmare Before Christmas and other secular Christmas icons, not to mention the word “Christmas.”

In New Jersey, one school district banned traditional Christmas songs such as “Joy to the World” and “Silent Night” from its holiday concerts.  A New Jersey middle school cancelled a field trip to attend a performance of a play based on Charles Dickens’s “A Christmas Carol” because some might have found it “offensive.”

In Texas, a teacher who decorated her door with a scene from “A Charlie Brown Christmas,” including a scrawny tree and Linus, was forced to take it down lest students be offended or feel uncomfortable.

In Connecticut, teachers were instructed to change the wording of the classic poem “Twas the Night Before Christmas” to “Twas the Night Before a Holiday.”

In Virginia, a high school principal debated about whether he could mention Santa or distribute candy canes given that they were symbols of Christmas.

In Massachusetts, a fourth-grade class was asked to list 25 things that reminded them of Christmas. When one young student asked if she could include “Jesus,” her teacher replied that she could get fired if Christmas’ namesake appeared on the list.

Things are not much better outside the schools.

In one West Virginia town, although the manger scene (one of 350 light exhibits in the town’s annual Festival of Lights) included shepherds, camels and a guiding star, the main attractions—Jesus, Mary and Joseph—were nowhere to be found due to concerns about the separation of church and state.

In Chicago, organizers of a German Christkindlmarket were informed that the public Christmas festival was no place for the Christmas story. Officials were concerned that clips of the film “The Nativity Story,” which were to be played at the festival, might cause offense.

In Delaware, a Girl Scout troop was prohibited from carrying signs reading “Merry Christmas” in their town’s annual holiday parade.

While the First Amendment Establishment Clause prohibits the government from forcing religion on people or endorsing one particular religion over another, there is no legitimate legal reason why people should not be able to celebrate the season freely or wish each other a Merry Christmas or even mention the word Christmas.

The Rutherford Institute’s “Twelve Rules of Christmas” guidelines are helpful in dealing with folks who subscribe to the misguided notion that the law requires anything Christmas in nature be banned from public places.

Yet here’s the thing about this so-called War on Christmas that people don’t seem to get: while Christmas may be the “trigger” for purging Christmas from public places, government forums and speech—except when it profits Corporate America—it is part and parcel of the greater trend in recent years to whittle away at free speech and trample the First Amendment underfoot.

Claiming to promote tolerance and diversity while seeking a homogeneous mindset, many workplaces, schools and public places have become intolerant of any but the most politically correct viewpoints.

Anything that might raise the specter of controversy is avoided at all costs.

We are witnessing the emergence of an unstated yet court-sanctioned right, one that makes no appearance in the Constitution and yet seems to trump the First Amendment at every turn: the right to not be offended.

In this way, emboldened by phrases such as “hate crimes,” “bullying,” “extremism” and “microaggressions,” free speech has been confined to carefully constructed “free speech zones,” criminalized when it skates too close to challenging the status quo, shamed when it butts up against politically correct ideals, and muzzled when it appears dangerous.

This is censorship, driven by a politically correct need to pander to those who are easily offended.

Where you see this “safe space” mindset really play out is in the nation’s public schools, which continue to adopt policies—such as zero tolerance policies—that promise to steer young people clear of anything that even hints at danger, controversy or non-politically correct thinking.

Unfortunately, all too often it is common sense and individual liberty that get trampled underfoot: a student gets suspended under the school’s zero tolerance policy against drugs for chewing on a Certs breath mint; a kindergartner is suspended under the school’s zero tolerance policy against violence for playing a make-believe game of cops and robbers using his finger as a gun; and a school trip to see “A Christmas Carol” is cancelled because of the school’s zero tolerance policy against anything that is in any way offensive.

What’s worse, the motto today seems to be “When in doubt, throw it out.”

At the slightest hint of trouble, government officials (and corporations) are inclined to chuck anything that might be objectionable. So whereas Mark Twain’s classic “Huckleberry Finn” used to at least make the list of banned books every year, it now rarely even makes an appearance on school reading lists. It has been scrubbed out of existence.

See how that works?

Zero tolerance policies are ultimately about programming people into compliance with the government’s dictates.

The government doesn’t care about Christmas. It cares about control.

By government, I’m talking about the entrenched government bureaucracy that really calls the shots no matter what political party controls Congress and the White House.

Never forget, the police state wants us to be a nation of snowflakes, snitches and book burners: a legalistic, intolerant, elitist, squealing bystander nation willing to turn on each other and turn each other in for the slightest offense.

All of the petty sniping over Melania Trump’s red-themed Christmas decorations?

That plays perfectly into the Deep State’s efforts to keep the citizenry at odds with each other and incapable of presenting a united front against the threats posed by the government and its cabal of Constitution-destroying agencies and corporate partners.

You want to know why this country is in the state it’s in?

As I make clear in my book Battlefield America: The War on the American People, the answer is the same no matter what the problem might be, whether it’s the economy, government corruption, police brutality, endless wars, censorship, falling literacy rates, etc.: every one of these problems can be sourced back to the fact that “we the people” have stopped thinking for ourselves and relinquished responsibility for our lives and well-being to a government entity that sees us only as useful idiots.

The Greek philosopher Socrates believed in teaching people to think for themselves and in the free exchange of ideas. For his efforts, he was accused of corrupting the youth and was put to death. However, his legacy lived on in the Socratic method of teaching: posing questions that help young and old discover the answers by learning to think for themselves.

Now even the Socratic method is in danger of extinction.

As Rod Serling, creator of the classic sci-fi series Twilight Zone and one of the most insightful commentators on human nature, once observed, “We’re developing a new citizenry. One that will be very selective about cereals and automobiles, but won’t be able to think.”

We face an immense threat in our society from this drive to obliterate our history and traditions in order to erect a saccharine view of reality. In the process, we are creating a schizophrenic world for our children to grow up in, and it is neither healthy nor will it produce the kind of people who will be able to face the challenges of a future ruled by a totalitarian regime.

You can’t sanitize reality. You can’t scrub out of existence every unpleasant thought or idea. You can’t legislate tolerance. You can’t create enough safe spaces to avoid the ugliness that lurks in the hearts of men and women. You can’t fight ignorance with the weapons of a police state.

What you can do, however, is step up your game.

Opt for kindness over curtness, and civility over censorship. Choose peace over politics, and freedom over fascism. Find common ground with those whose politics or opinions or lifestyles may not jive with your own.

Do your part to make the world a little brighter and a little lighter, and maybe, just maybe, we’ll have a chance of digging our way out of this hole.

WC: 2014

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.