Archive for July, 2021

Authoritarians Drunk on Power: It Is Time to Recalibrate the Government

Posted: July 27, 2021 in Uncategorized
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“The executive power in our government is not the only, perhaps not even the principal, object of my solicitude. The tyranny of the legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period.”― Thomas Jefferson, Democracy in America

It is time to recalibrate the government.

For years now, we have suffered the injustices, cruelties, corruption and abuse of an entrenched government bureaucracy that has no regard for the Constitution or the rights of the citizenry.

By “government,” I’m not referring to the highly partisan, two-party bureaucracy of the Republicans and Democrats. Rather, I’m referring to “government” with a capital “G,” the entrenched Deep State that is unaffected by elections, unaltered by populist movements, and has set itself beyond the reach of the law.

We are overdue for a systemic check on the government’s overreaches and power grabs.

We have lingered too long in this strange twilight zone where ego trumps justice, propaganda perverts truth, and imperial presidents—empowered to indulge their authoritarian tendencies by legalistic courts, corrupt legislatures and a disinterested, distracted populace—rule by fiat rather than by the rule of law.

This COVID-19 pandemic has provided the government with the perfect excuse to lay claim to a long laundry list of terrifying lockdown powers (at both the federal and state level) that override the Constitution: the ability to suspend the Constitution, indefinitely detain American citizens, bypass the courts, quarantine whole communities or segments of the population, override the First Amendment by outlawing religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, reshape financial markets, create a digital currency (and thus further restrict the use of cash), determine who should live or die, and impose health mandates on large segments of the population.

These kinds of crises tend to bring out the authoritarian tendencies in government.

That’s no surprise: power corrupts, and absolute power corrupts absolutely.

Where we find ourselves now is in the unenviable position of needing to rein in all three branches of government—the Executive, the Judicial, and the Legislative—that have exceeded their authority and grown drunk on power.

This is exactly the kind of concentrated, absolute power the founders attempted to guard against by establishing a system of checks of balances that separate and shares power between three co-equal branches: the executive, the legislative and the judiciary.

“The system of checks and balances that the Framers envisioned now lacks effective checks and is no longer in balance,” concludes law professor William P. Marshall. “The implications of this are serious. The Framers designed a system of separation of powers to combat government excess and abuse and to curb incompetence. They also believed that, in the absence of an effective separation-of-powers structure, such ills would inevitably follow. Unfortunately, however, power once taken is not easily surrendered.”

Unadulterated power in any branch of government is a menace to freedom.

There’s no point debating which political party would be more dangerous with these powers.

The fact that any individual—or branch of government—of any political persuasion is empowered to act like a dictator is danger enough.

So what we can do to wrest back control over a runaway government and an imperial presidency?

It won’t be easy.

We are the unwitting victims of a system so corrupt that those who stand up for the rule of law and aspire to transparency in government are in the minority.

This corruption is so vast it spans all branches of government: from the power-hungry agencies under the executive branch and the corporate puppets within the legislative branch to a judiciary that is, more often than not, elitist and biased towards government entities and corporations.

We are ruled by an elite class of individuals who are completely out of touch with the travails of the average American.

We are viewed as relatively expendable in the eyes of government: faceless numbers of individuals who serve one purpose, which is to keep the government machine running through our labor and our tax dollars. Those in power aren’t losing any sleep over the indignities we are being made to suffer or the possible risks to our health. All they seem to care about are power and control.

We are being made to suffer countless abuses at the government’s hands.

We have little protection against standing armies (domestic and military), invasive surveillance, marauding SWAT teams, an overwhelming government arsenal of assault vehicles and firepower, and a barrage of laws that criminalize everything from vegetable gardens to lemonade stands.

In the name of national security, we’re being subjected to government agencies such as the NSA, FBI and others listening in on our phone calls, reading our mail, monitoring our emails, and carrying out warrantless “black bag” searches of our homes. Adding to the abuse, we have to deal with surveillance cameras mounted on street corners and in traffic lights, weather satellites co-opted for use as spy cameras from space, and thermal sensory imaging devices that can detect heat and movement through the walls of our homes.

That doesn’t even begin to touch on the many ways in which our Fourth Amendment rights are trampled upon by militarized police and SWAT teams empowered to act as laws unto themselves.

In other words, freedom—or what’s left of it—is threatened from every direction.

The predators of the police state are wreaking havoc on our freedoms, our communities, and our lives. The government doesn’t listen to the citizenry, it refuses to abide by the Constitution, which is our rule of law, and it treats the citizenry as a source of funding and little else. Police officers are shooting unarmed citizens and their household pets. Government agents—including local police—are being armed to the teeth and encouraged to act like soldiers on a battlefield. Bloated government agencies are fleecing taxpayers. Government technicians are spying on our emails and phone calls. Government contractors are making a killing by waging endless wars abroad.

In other words, the American police state is alive and well and flourishing.

Nothing has changed, and nothing will change unless we insist on it.

We have arrived at the dystopian future depicted in the 2005 film V for Vendetta, which is no future at all.

Set in the year 2020, V for Vendetta (written and produced by the Wachowskis) provides an eerie glimpse into a parallel universe in which a government-engineered virus wreaks havoc on the world. Capitalizing on the people’s fear, a totalitarian government comes to power that knows all, sees all, controls everything and promises safety and security above all.

Concentration camps (jails, private prisons and detention facilities) have been established to house political prisoners and others deemed to be enemies of the state. Executions of undesirables (extremists, troublemakers and the like) are common, while other enemies of the state are made to “disappear.” Populist uprisings and protests are met with extreme force. The television networks are controlled by the government with the purpose of perpetuating the regime. And most of the population is hooked into an entertainment mode and are clueless.

Sounds painfully familiar, doesn’t it?

As director James McTeighe observed about the tyrannical regime in V for Vendetta, “It really showed what can happen when society is ruled by government, rather than the government being run as a voice of the people. I don’t think it’s such a big leap to say things like that can happen when leaders stop listening to the people.”

Clearly, our leaders have stopped listening to the American people.

We are—and have been for some time—the unwitting victims of a system so corrupt that those who stand up for the rule of law and aspire to transparency in government are in the minority. This corruption is so vast it spans all branches of government—from the power-hungry agencies under the executive branch and the corporate puppets within the legislative branch to a judiciary that is, more often than not, elitist and biased towards government entities and corporations.

We are ruled by an elite class of individuals who are completely out of touch with the travails of the average American. We are relatively expendable in the eyes of government—faceless numbers of individuals who serve one purpose, which is to keep the government machine running through our labor and our tax dollars.

What will it take for the government to start listening to the people again?

In V for Vendetta, as in my new novel The Erik Blair Diaries, it takes an act of terrorism for the people to finally mobilize and stand up to the government’s tyranny: in Vendetta, V the film’s masked crusader blows up the seat of government, while in Erik Blair, freedom fighters plot to unmask the Deep State.

These acts of desperation and outright anarchy are what happens when a parasitical government muzzles the citizenry, fences them in, herds them, brands them, whips them into submission, forces them to ante up the sweat of their brows while giving them little in return, and then provides them with little to no outlet for voicing their discontent: people get desperate, citizens lose hope, and lawful, nonviolent resistance gives way to unlawful, violent resistance.

This way lies madness.

Then again, this madness may be unavoidable unless we can wrest back control over our runaway government starting at the local level.

How to do this? It’s not rocket science.

There is no 10-step plan. If there were a 10-step plan, however, the first step would be as follows: turn off the televisions, tune out the politicians, and do your part to stand up for freedom principles in your own communities.

Stand up for your own rights, of course, but more importantly, stand up for the rights of those with whom you might disagree. Defend freedom at all costs. Defend justice at all costs. Make no exceptions based on race, religion, creed, politics, immigration status, sexual orientation, etc. Vote like Americans, for a change, not Republicans or Democrats.

Most of all, use your power—and there is power in our numbers—to nullify anything and everything the government does that undermines the freedom principles on which this nation was founded.

Don’t play semantics. Don’t justify. Don’t politicize it. If it carries even a whiff of tyranny, oppose it. Demand that your representatives in government cut you a better deal, one that abides by the Constitution and doesn’t just attempt to sidestep it.

That’s their job: make them do it.

As I make clear in my book Battlefield America: The War on the American People, all freedoms hang together. They fall together, as well.

The police state does not discriminate. Eventually, we will all suffer the same fate.

Source: https://bit.ly/2UUzeiX

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

The State of Our Nation: Still Divided, Enslaved & Locked Down

Posted: July 20, 2021 in Uncategorized
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“A house divided against itself cannot stand. I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved—I do not expect the house to fall—but I do expect it will cease to be divided. It will become all one thing or all the other.”—Abraham Lincoln

History has a funny way of circling back on itself.

The facts, figures, faces and technology may change from era to era, but the dangers remain the same.

This year is no different, whatever the politicians and talking heads may say to the contrary.

Sure, there’s a new guy in charge, but for the most part, we’re still recycling the same news stories that have kept us with one eye warily glued to the news for the past 100-odd years: War. Corruption. Brutality. Economic instability. Partisan politics. Militarism. Disease. Hunger. Greed. Violence. Poverty. Ignorance. Hatred.

The more things change, the more they stay the same.

Brush up on your history, and you’ll find that we’ve been stuck on repeat for some time now.

Take the United States of America in the year 2021, which is not so far different from the United States of America during the Civil Rights era, or the Cold War era, or even the Depression era.

Go far enough afield, and you’ll find aspects of our troubled history mirrored in the totalitarianism of Nazi Germany, in the fascism of Mussolini’s Italy, and further back in the militarism of the Roman Empire.

We’re like TV weatherman Phil Connors in Harold Ramis’ classic 1993 comedy Groundhog Day, forced to live the same day over and over again.

Here in the American police state, however, we continue to wake up, hoping each new day, new president and new year will somehow be different from what has come before.

Unfortunately, no matter how we change the narrative, change the characters, change the plot lines, we seem to keep ending up in the same place that we started: enslaved, divided and repeating the mistakes of the past.

You want to know about the true State of our Nation? Listen up.

The State of the Union: The state of our nation is politically polarized, controlled by forces beyond the purview of the average American, and rapidly moving the nation away from its freedom foundation. Over the past year, due in part to the COVID-19 pandemic, Americans have found themselves repeatedly subjected to egregious civil liberties violations, invasive surveillance, martial law, lockdowns, political correctness, erosions of free speech, strip searches, police shootings of unarmed citizens, government spying, the criminalization of lawful activities, warmongering, etc.

The predators of the police state have wreaked havoc on our freedoms, our communities, and our lives. The government does not listen to the citizenry, refuses to abide by the Constitution, and treats taxpayers as a source of funding and little else. Police officers shoot unarmed citizens and their household pets. Government agents—including local police—remain armed to the teeth and act like soldiers on a battlefield. Bloated government agencies continue to fleece taxpayers. Government technicians spy on our emails and phone calls. And government contractors make a killing by waging endless wars abroad.

Consequently, the state of our nation remains bureaucratic, debt-ridden, violent, militarized, fascist, lawless, invasive, corrupt, untrustworthy, mired in war, and unresponsive to the wishes and needs of the electorate.

The policies of the American police state continue unabated.

The Executive Branch: All of the imperial powers amassed by Donald Trump, Barack Obama and George W. Bush—to kill American citizens without due process, to detain suspects indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to act as a dictator and a tyrant, above the law and beyond any real accountability—were inherited by Joe Biden.

Biden has these powers because every successive occupant of the Oval Office has been allowed to expand the reach and power of the presidency through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements that can be activated by any sitting president. Those of us who saw this eventuality coming have been warning for years about the growing danger of the Executive Branch with its presidential toolbox of terror that could be used—and abused—by future presidents. The groundwork, we warned, was being laid for a new kind of government where it won’t matter if you’re innocent or guilty, whether you’re a threat to the nation or even if you’re a citizen. What will matter is what the president—or whoever happens to be occupying the Oval Office at the time—thinks. And if he or she thinks you’re a threat to the nation and should be locked up, then you’ll be locked up with no access to the protections our Constitution provides. In effect, you will disappear.

Our warnings continue to go unheeded.

The Legislative Branch:  Congress may well be the most self-serving, semi-corrupt institution in America. Abuses of office runs the gamut from elected representatives neglecting their constituencies to engaging in self-serving practices, including the misuse of eminent domain, earmarking hundreds of millions of dollars in federal contracting in return for personal gain and campaign contributions, having inappropriate ties to lobbyist groups and incorrectly or incompletely disclosing financial information. Pork barrel spending, hastily passed legislation, partisan bickering, a skewed work ethic, graft and moral turpitude have all contributed to the public’s increasing dissatisfaction with congressional leadership. No wonder only 31 percent of Americans approve of the job Congress is doing.

The Judicial Branch: The Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency, the justices of the United States Supreme Court have become the guardians of the American police state in which we now live. As a result, sound judgment and justice have largely taken a back seat to legalism, statism and elitism, while preserving the rights of the people has been deprioritized and made to play second fiddle to both governmental and corporate interests. The courts have empowered the government to wreak havoc on our liberties. Protections for private property continue to be undermined. And Americans can no longer rely on the courts to mete out justice.

Shadow Government: Joe Biden inherited more than a bitterly divided nation teetering on the brink of financial catastrophe when he assumed office. He also inherited a shadow government, one that is fully operational and staffed by unelected officials who are, in essence, running the country. Referred to as the Deep State, this shadow government is comprised of unelected government bureaucrats, corporations, contractors, paper-pushers, and button-pushers who are actually calling the shots behind the scenes right now.

Law Enforcement: By and large the term “law enforcement” encompasses all agents within a militarized police state, including the military, local police, and the various agencies such as the Secret Service, FBI, CIA, NSA, etc. Having been given the green light to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts, America’s law enforcement officials, no longer mere servants of the people entrusted with keeping the peace but now extensions of the military, are part of an elite ruling class dependent on keeping the masses corralled, under control, and treated like suspects and enemies rather than citizens. As a result, police are becoming even more militarized and weaponized, and police shootings of unarmed individuals continue to increase.

A Suspect Surveillance Society: Every dystopian sci-fi film we’ve ever seen is suddenly converging into this present moment in a dangerous trifecta between science, technology and a government that wants to be all-seeing, all-knowing and all-powerful. By tapping into your phone lines and cell phone communications, the government knows what you say. By uploading all of your emails, opening your mail, and reading your Facebook posts and text messages, the government knows what you write. By monitoring your movements with the use of license plate readers, surveillance cameras and other tracking devices, the government knows where you go. By churning through all of the detritus of your life—what you read, where you go, what you say—the government can predict what you will do. By mapping the synapses in your brain, scientists—and in turn, the government—will soon know what you remember. And by accessing your DNA, the government will soon know everything else about you that they don’t already know: your family chart, your ancestry, what you look like, your health history, your inclination to follow orders or chart your own course, etc. Consequently, in the face of DNA evidence that places us at the scene of a crime, behavior sensing technology that interprets our body temperature and facial tics as suspicious, and government surveillance devices that cross-check our biometrics, license plates and DNA against a growing database of unsolved crimes and potential criminals, we are no longer “innocent until proven guilty.”

Military Empire: America’s endless global wars and burgeoning military empire—funded by taxpayer dollars—have depleted our resources, over-extended our military and increased our similarities to the Roman Empire and its eventual demise. Black budget spending has completely undermined any hope of fiscal transparency, with government contractors padding their pockets at the expense of taxpayers and the nation’s infrastructure—railroads, water pipelines, ports, dams, bridges, airports and roads—taking the hit. The U.S. now operates approximately 800 military bases in foreign countries around the globe at an annual cost of at least $156 billion. The consequences of financing a global military presence are dire. In fact, David Walker, former comptroller general of the U.S., believes there are “striking similarities” between America’s current situation and the factors that contributed to the fall of Rome, including “declining moral values and political civility at home, an over-confident and over-extended military in foreign lands and fiscal irresponsibility by the central government.”

I haven’t even touched on the corporate state, the military industrial complex, SWAT team raids, invasive surveillance technology, zero tolerance policies in the schools, overcriminalization, or privatized prisons, to name just a few. However, what I have touched on should be enough to show that the landscape of our freedoms has already changed dramatically from what it once was and will no doubt continue to deteriorate unless Americans can find a way to wrest back control of their government and reclaim their freedoms.

So how do we go about reclaiming our freedoms and reining in our runaway government?

Essentially, there are four camps of thought among the citizenry when it comes to holding the government accountable. Which camp you fall into says a lot about your view of government—or, at least, your view of whichever administration happens to be in power at the time.

In the first camp are those who trust the government to do the right thing, despite the government’s repeated failures in this department.

In the second camp are those who not only don’t trust the government but think the government is out to get them.

In the third camp are those who see government neither as an angel nor a devil, but merely as an entity that needs to be controlled, or as Thomas Jefferson phrased it, bound “down from mischief with the chains of the Constitution.”

Then there’s the fourth camp, comprised of individuals who pay little to no attention to the workings of government. Easily entertained, easily distracted, easily led, these are the ones who make the government’s job far easier than it should be.

It is easy to be diverted, distracted and amused by the antics of politicians, the pomp and circumstance of awards shows, athletic events, and entertainment news, and the feel-good evangelism that passes for religion today.

What is far more difficult to face up to is the reality of life in America, where unemployment, poverty, inequality, injustice and violence by government agents are increasingly norms.

The powers-that-be want us to remain divided, alienated from each other based on our politics, our bank accounts, our religion, our race and our value systems. Yet as George Orwell observed, “The real division is not between conservatives and revolutionaries but between authoritarians and libertarians.”

The only distinction that matters anymore is where you stand in the American police state.

In other words, you’re either part of the problem or part of the solution.

America is at a crossroads.

History may show that from this point forward, we will have left behind any semblance of constitutional government and entered into a militaristic state where all citizens are suspects and security trumps freedom.

Certainly, we have moved beyond the era of representative government and entered a new age: the age of authoritarianism. Even with its constantly shifting terrain, this topsy-turvy travesty of law and government has become America’s new normal.

As long as we continue to put our politics ahead of our principles—moral, legal and constitutional—“we the people” will lose.

And you know who will keep winning by playing on our prejudices, capitalizing on our fears, deepening our distrust of our fellow citizens, and dividing us into polarized, warring camps incapable of finding consensus on the one true menace that is an immediate threat to all of our freedoms? The government.

As I make clear in my book Battlefield America: The War on the American People and its fictional counterpart The Erik Blair Diaries, when we lose sight of the true purpose of government—to protect our rights—and fail to keep the government in its place as our servant, we allow the government to overstep its bounds and become a tyrant that rules by brute force.

Source: https://bit.ly/3hPwhJo

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

The Right to Be Let Alone: What to Do When COVID Strike Force Teams Come Knocking

Posted: July 13, 2021 in Uncategorized
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“Experience teaches us to be most on our guard to protect liberty when the government’s purposes are beneficent.”—Supreme Court Justice Louis D. Brandeis

A federal COVID-19 vaccination strike force may soon be knocking on your door, especially if you live in a community with low vaccination rates. Will you let them in?

More to the point, are you required to open the door?

The Biden Administration has announced that it plans to send federal “surge response teams” on a “targeted community door-to-door outreach“ to communities with low vaccination rates in order to promote the safety and accessibility of the COVID-19 vaccines.

That’s all fine and good as far as government propaganda goes, but nothing is ever as simple or as straightforward as the government claims, especially not when armed, roving bands of militarized agents deployed by the Nanny State show up at your door with an agenda that is at odds with what Supreme Court Justice Louis Brandeis referred to as the constitutional “right to be let alone.”

Any attempt by the government to encroach upon the citizenry’s privacy rights or establish a system by which the populace can be targeted, tracked and singled out must be met with extreme caution. These door-to-door “visits” by COVID-19 surge response teams certainly qualify as a government program whose purpose, while seemingly benign, raises significant constitutional concerns.

First, there is the visit itself.

While government agents can approach, speak to and even question citizens without violating the Fourth Amendment, Americans have a right not to answer questions or even speak with a government agent.

Courts have upheld these “knock and talk” visits as lawful, reasoning that even though the curtilage of the home is protected by the Fourth Amendment, there is an implied license to approach a residence, knock on the door/ring the bell, and seek to contact occupants. However, the encounter is wholly voluntary and a person is under no obligation to speak with a government agent in this situation. 

Indeed, you don’t even need to answer or open the door in response to knocking/ringing by a government agent, and if you do answer the knock, you can stop speaking at any time. You also have the right to demand that government agents leave the property once the purpose of the visit is established. Government officials would not be enforcing any law or warrant in this context, and so they don’t have the authority of law to remain on the property after a homeowner or resident specifically revokes the implied license to come onto the property.

When the government’s actions go beyond merely approaching the door and knocking, it risks violating the Fourth Amendment, which requires a warrant and probable cause of possible wrongdoing in order to search one’s property. A government agent would violate the Fourth Amendment if he snooped around the premises, peering into window and going to other areas in search of residents. 

It should be pointed out that some judges (including Supreme Court Justice Gorsuch) believe that placing “No Trespassing” signs or taking other steps to impede access to the door is sufficient to negate any implied permission for government agents or others to approach your home, but this view does not have general acceptance.

While in theory one can refuse to speak with police or other government officials during a “knock and talk” encounter, as the courts have asserted as a justification for dismissing complaints about this police investigative tactic, the reality is far different. Indeed, it is unreasonable to suggest that individuals caught unaware by these tactics will not feel pressured in the heat of the moment to comply with a request to speak with government agents who display official credentials and are often heavily armed, let alone allow them to search one’s property. Even when such consent is denied, police have been known to simply handcuff the homeowner and conduct a search over his objections.

Second, there is the danger inherent in these knock-and-talk encounters.

Although courts have embraced the fiction that “knock and talks” are “voluntary” encounters that are no different from other door-to-door canvassing, these constitutionally dubious tactics are highly intimidating confrontations meant to pressure individuals into allowing police access to one’s home, which then paves the way for a warrantless search of one’s home and property.

The act of going to homes and taking steps to speak with occupants is akin to the “knock and talk” tactic used by police, which can be fraught with danger for homeowners and government agents alike. Indeed, “knock-and-talk” policing has become a thinly veiled, warrantless exercise by which citizens are coerced and intimidated into “talking” with heavily armed police who “knock” on their doors in the middle of the night.

“Knock-and-shoot” policing might be more accurate, however.

“Knock and talks” not only constitute severe violations of the privacy and security of homeowners, but the combination of aggression and surprise employed by police is also a recipe for a violent confrontation that rarely ends well for those on the receiving end of these tactics.

For example, although 26-year-old Andrew Scott had committed no crime and never fired a single bullet or threatened police, he was gunned down by police who knocked aggressively on the wrong door at 1:30 am, failed to identify themselves as police, and then repeatedly shot and killed Scott when he answered the door while holding a gun in self-defense. The police were investigating a speeding incident by engaging in a middle-of-the-night “knock and talk” in Scott’s apartment complex.

Carl Dykes was shot in the face by a county deputy who pounded on Dykes’ door in the middle of the night without identifying himself. Because of reports that inmates had escaped from a local jail, Dykes brought a shotgun with him when he answered the door.

As these and other incidents make clear, while Americans have a constitutional right to question the legality of a police action or resist an unlawful police order, doing so can often get one arrested, shot or killed.

Third, there is the question of how the government plans to use the information it obtains during these knock-and-talk visits.

Because the stated purpose of the program is to promote vaccination, homeowners and others who reside at the residence will certainly be asked if they are vaccinated. Again, you have a right not to answer this or any other question. Indeed, an argument could be made that even asking this question is improper if the purpose of the program is merely to ensure that Americans “have the information they need on how both safe and accessible the vaccine is.”

Under the Privacy Act, 5 U.S.C. 552a, an agency should only collect and maintain information about an individual as is “relevant and necessary to accomplish a purpose of the agency.” In this situation, the government agent could accomplish the purpose of assuring persons have information about the vaccine simply by providing that information (either in writing or orally) and would not need to know the vaccination status of the residents. To the extent the agents do request, collect and store information about residents’ vaccination status, this could be a Privacy Act violation.

Of course, there is always the danger that this program could be used for other, more nefarious, purposes not related to vaccination encouragement. As with knock-and-talk policing, government agents might misuse their appearance of authority to gain entrance to a residence and obtain other information about it and those who live there. Once the door is opened by a resident, anything the agents can see from their vantage point can be reported to law enforcement authorities.

Moreover, while presumably the targeting will be of areas with demonstrated low vaccination rates, there is no guarantee that this program would not be used as cover for conducting surveillance on areas deemed to be “high crime” areas as a way of obtaining intelligence for law enforcement purposes.

We’ve been down this road before, with the government sending its spies to gather intel on American citizens by questioning them directly, or by asking their neighbors to snitch on them.

Remember the egregiously invasive and intrusive American Community Survey?

Unlike the traditional census, which collects data every ten years, the American Community Survey (ACS) is sent to about 3 million homes per year at a reported cost of hundreds of millions of dollars. Moreover, while the traditional census is limited to ascertaining the number of persons living in each dwelling, their ages and ethnicities, the ownership of the dwelling and telephone numbers, the ACS is much more intrusive, asking questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among other highly personal and private matters.

Individuals who receive the ACS must complete it or be subject to monetary penalties. Although no reports have surfaced of individuals actually being penalized for refusing to answer the survey, the potential fines that can be levied for refusing to participate in the ACS are staggering. For every question not answered, there is a $100 fine. And for every intentionally false response to a question, the fine is $500. Therefore, if a person representing a two-person household refused to fill out any questions or simply answered nonsensically, the total fines could range from upwards of $10,000 and $50,000 for noncompliance.

At 28 pages (with an additional 16-page instruction packet), the ACS contains some of the most detailed and intrusive questions ever put forth in a census questionnaire. These concern matters that the government simply has no business knowing, including questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among others. For instance, the ACS asks how many persons live in your home, along with their names and detailed information about them such as their relationship to you, marital status, race and their physical, mental and emotional problems, etc. The survey also asks how many bedrooms and bathrooms you have in your house, along with the fuel used to heat your home, the cost of electricity, what type of mortgage you have and monthly mortgage payments, property taxes and so on.

However, that’s not all.

The survey also demands to know how many days you were sick last year, how many automobiles you own and the number of miles driven, whether you have trouble getting up the stairs, and what time you leave for work every morning, along with highly detailed inquiries about your financial affairs. And the survey demands that you violate the privacy of others by supplying the names and addresses of your friends, relatives and employer. The questionnaire also demands that you give other information on the people in your home, such as their educational levels, how many years of school were completed, what languages they speak and when they last worked at a job, among other things.

While some of the ACS’ questions may seem fairly routine, the real danger is in not knowing why the information is needed, how it will be used by the government or with whom it will be shared.

Finally, you have the right to say “no.”

Whether police are knocking on your door at 2 am or 2:30 pm, as long as you’re being “asked” to talk to a police officer who is armed to the teeth and inclined to kill at the least provocation, you don’t really have much room to resist, not if you value your life.

Mind you, these knock-and-talk searches are little more than police fishing expeditions carried out without a warrant.

The goal is intimidation and coercion.

Unfortunately, with police departments increasingly shifting towards pre-crime policing and relying on dubious threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports aimed at snaring potential enemies of the state, we’re going to see more of these warrantless knock-and-talk police tactics by which police attempt to circumvent the Fourth Amendment’s warrant requirement and prohibition on unreasonable searches and seizures.

Here’s the bottom line.

These agents are coming to your home with one purpose in mind: to collect information on you.

It’s a form of intimidation, of course. You shouldn’t answer any questions you’re uncomfortable answering about your vaccine history or anything else. The more information you give them, the more it can be used against you. Just ask them politely but firmly to leave.

In this case, as in so many interactions with government agents, the First, Fourth and Fifth Amendments (and your cell phone recording the encounter) are your best protection.

Under the First Amendment, you don’t have to speak (to government officials or anyone else). The Fourth Amendment protects you against unreasonable searches and seizures by the government. And under the Fifth Amendment, you have a right to remain silent and not say anything which might be used against you.

You can also post a “No Trespassing” sign on your property to firmly announce that you are exercising your right to be left alone. If you see government officials wandering around your property and peering through windows, in my opinion, you have a violation of the Fourth Amendment. Government officials can ring the doorbell, but once you put them on notice that it’s time for them to leave, they can’t stay on your property.

It’s important to be as clear as possible and inform them that you will call the police if they don’t leave. You may also wish to record your encounter with the government agent. If they still don’t leave, immediately call the local police and report a trespasser on your property.

Remember, you have rights.

The government didn’t want us to know about—let alone assert—those rights during this whole COVID-19 business.

After all, for years now, the powers-that-be—those politicians and bureaucrats who think like tyrants and act like petty dictators regardless of what party they belong to—have attempted to brainwash us into believing that we have no right to think for ourselves, make decisions about our health, protect our homes and families and businesses, act in our best interests, demand accountability and transparency from government, or generally operate as if we are in control of our own lives.

But we have every right, and you know why?

Because as the Declaration of Independence states, we are endowed by our Creator with certain inalienable rights—to life, liberty, property and the pursuit of happiness—that no government can take away from us.

Unfortunately, that hasn’t stopped the government from constantly trying to usurp our freedoms at every turn. Indeed, the nature of government is such that it invariably oversteps its limits, abuses its authority, and flexes its totalitarian muscles.

Take this COVID-19 crisis, for example.

What started out as an apparent effort to prevent a novel coronavirus from sickening the nation (and the world) has become yet another means by which world governments (including our own) can expand their powers, abuse their authority, and further oppress their constituents.

The government has made no secret of its plans.

Just follow the money trail, and you’ll get a sense of what’s in store: more militarized police, more SWAT team raids, more surveillance, more lockdowns, more strong-armed tactics aimed at suppressing dissent and forcing us to comply with the government’s dictates.

It’s chilling to think about, but it’s not surprising.

In many ways, this COVID-19 state of emergency has invested government officials (and those who view their lives as more valuable than ours) with a sanctimonious, self-righteous, arrogant, Big Brother Knows Best approach to top-down governing, and the fall-out can be seen far and wide.

It’s an ugly, self-serving mindset that views the needs, lives and rights of “we the people” as insignificant when compared to those in power.

That’s how someone who should know better such as Alan Dershowitz, a former Harvard law professor, can suggest that a free people—born in freedom, endowed by their Creator with inalienable rights, and living in a country birthed out of a revolutionary struggle for individual liberty—have no rights to economic freedom, to bodily integrity, or to refuse to comply with a government order with which they disagree.

According to Dershowitz, who has become little more than a legal apologist for the power elite, “You have no right not to be vaccinated, you have no right not to wear a mask, you have no right to open up your business… And if you refuse to be vaccinated, the state has the power to literally take you to a doctor’s office and plunge a needle into your arm.”

Dershowitz is wrong: as I make clear in my book Battlefield America: The War on the American People, while the courts may increasingly defer to the government’s brand of Nanny State authoritarianism, we still have rights.

The government may try to abridge those rights, it may refuse to recognize them, it may even attempt to declare martial law and nullify them, but it cannot litigate, legislate or forcefully eradicate them out of existence.

Source: https://bit.ly/2U4yszD

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

The Second Amendment’s Right to Bear Arms: What It Means

Posted: July 6, 2021 in Uncategorized
Tags: , , , , ,
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“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.”—The Second Amendment to the US Constitution

You can largely determine where a person will fall in the debate over gun control and the Second Amendment based on their view of government and the role it should play in our lives.

In the first group are those who see the government as a Nanny State, empowered to look out for the best interests of the populace, even when that means overriding our rights as individuals and free will.

These individuals tend to interpret the Second Amendment to mean that only members of law enforcement and the military are entitled to own a gun. Case in point: President Biden recently (and wrongly) asserted that “the Second Amendment, from the day it was passed, limited the type of people who could own a gun and what type of weapon you could own. You couldn’t buy a cannon.”

In the second group are those who see the government as inherently corrupt.

These individuals tend to view the Second Amendment as a means of self-defense, whether that involves defending themselves against threats to their freedoms or threats from individuals looking to harm them. For instance, eleven men were recently arrested for traveling on the interstate with unlicensed guns that were not secured in a case. The group, reportedly associated with a sovereign citizens group, claimed to be traveling from Rhode Island to Maine for militia training.

And then there is a third group, made up of those who view the government as neither good nor evil, but merely a powerful entity that, as Thomas Jefferson recognized, must be bound “down from mischief by the chains of the Constitution.” To this group, the Second Amendment’s assurance of the people’s right to bear arms is no different from any other right enshrined in the Constitution: to be safeguarded, exercised prudently and maintained.

How to exercise this right is the question that keeps jockeying for supremacy before the U.S. Supreme Court. After declaring more than a decade ago that citizens have a Second Amendment right to own a gun in one’s home for self-defense, the Court has now been tasked with deciding whether the Constitution also protects the right to carry a gun outside the home. The case, NY State Rifle & Pistol Assoc. v. Corlett, takes issue with a state law that requires a license in order to carry a concealed gun outside the home.

On the heels of Corlett is another legal challenge to the state’s authority to regulate—or ban outright—gun ownership outside the home. The attorneys general of 21 states—including Louisiana, Arizona, Montana, Alabama, Arkansas, Georgia, Idaho, Kansas, Kentucky, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming—have filed an amicus brief in Young v. Hawaii asking the Supreme Court to uphold Hawaiians’ Second Amendment rights to bear arms outside their homes.

Unfortunately, while the various federal circuit courts of appeal continue to disagree over the exact nature of the rights protected by the Second Amendment, the government itself has made its position extremely clear.

When it comes to gun rights in particular, and the rights of the citizenry overall, the U.S. government has adopted a “do what I say, not what I do” mindset. Nowhere is this double standard more evident than in the government’s attempts to arm itself to the teeth, all the while viewing as suspect anyone who dares to legally own a gun, let alone use one in self-defense.

Indeed, while it still technically remains legal to own a firearm in America, possessing one can now get you pulled over, searched, arrested, subjected to all manner of surveillance, treated as a suspect without ever having committed a crime, shot at, and killed. (This same rule does not apply to law enforcement officials, however, who are armed to the hilt and rarely given more than a slap on the wrists for using their weapons against unarmed individuals.)

Now the Biden Administration is setting its sights on gun control.

Mark my words: gun control legislation, especially in the form of red flag gun laws, which allow the police to remove guns from people “suspected” of being threats, will become yet another means by which to subvert the Constitution and sabotage the rights of the people.

Giving police the power to preemptively raid homes in order to neutralize a potential threat is a powder keg waiting for a lit match.

Under these red flag laws, what happened to Duncan Lemp—who was gunned down in his bedroom during an early morning, no-knock SWAT team raid on his family’s home—could very well happen to more people.

At 4:30 a.m. on March 12, 2020, in the midst of a COVID-19 pandemic that had most of the country under a partial lockdown and sheltering at home, a masked SWAT team—deployed to execute a “high risk” search warrant for unauthorized firearms—stormed the suburban house where 21-year-old Duncan, a software engineer and Second Amendment advocate, lived with his parents and 19-year-old brother.

The entire household, including Lemp and his girlfriend, was reportedly asleep when the SWAT team directed flash bang grenades and gunfire through Lemp’s bedroom window.

Lemp was killed and his girlfriend injured.

No one in the house that morning, including Lemp, had a criminal record.

No one in the house that morning, including Lemp, was considered an “imminent threat” to law enforcement or the public, at least not according to the search warrant.

So what was so urgent that militarized police felt compelled to employ battlefield tactics in the pre-dawn hours of a day when most people are asleep in bed, not to mention stuck at home as part of a nationwide lockdown?

According to police, they were tipped off that Lemp was in possession of “firearms.”

Thus, rather than approaching the house by the front door at a reasonable hour in order to investigate this complaint—which is what the Fourth Amendment requires—police instead strapped on their guns, loaded up their flash bang grenades and acted like battle-crazed warriors.

This is what happens when you adopt red flag gun laws, which Maryland did in 2018, painting anyone who might be in possession of a gun—legal or otherwise—as a threat that must be neutralized.

Meanwhile, the government’s efforts to militarize and weaponize its agencies and employees is reaching epic proportions, with federal agencies as varied as the Department of Homeland Security and the Social Security Administration placing orders for hundreds of millions of rounds of hollow point bullets. Moreover, under the auspices of a military “recycling” program, which allows local police agencies to acquire military-grade weaponry and equipment, $4.2 billion worth of equipment has been transferred from the Defense Department to domestic police agencies since 1990. Included among these “gifts” are tank-like 20-ton Mine Resistant Ambush Protected (MRAP) vehicles, tactical gear, and assault rifles.

Ironically, while the Biden administration’s gun control efforts have helped to spike gun sales nationally, the government has made no effort to curtail its own addiction to weapons of war, a significant number of which have conveniently been “lost” and used in violent crimes in communities across the U.S.

We’re talking about rifles, pistols, machine guns, shot guns, and grenades. Some of these weapons were lost through gross negligence. Others, however, were trafficked by military police.

The U.S. military boasts weapons the rest of the world doesn’t have, and it continues to develop even more weaponry, each deadlier than the last.

Make no mistake: every last one of these weapons will eventually make its way back to domestic police forces to be used against the American people.

Included in the government’s military arsenal are armed, surveillance Reaper drones capable of reading a license plate from over two miles away; an AA12 Atchisson Assault Shotgun that can shoot five 12-gauge shells per second and “can fire up to 9,000 rounds without being cleaned or jamming”; an ADAPTIV invisibility cloak that can make a tank disappear or seemingly reshape it to look like a car; a PHASR rifle capable of blinding and disorienting anyone caught in its sights; a Taser shockwave that can electrocute a crowd of people at the touch of a button; an XM2010 enhanced sniper rifle with built-in sound and flash suppressors that can hit a man-sized target nine out of ten times from over a third of a mile away; and an XM25 “Punisher” grenade launcher that can be programmed to accurately shoot grenades at a target up to 500 meters away.

What the government has yet to acknowledge, however, is that its own gun violence—inflicted on unarmed individuals by battlefield-trained SWAT teams, militarized police, and bureaucratic government agents trained to shoot first and ask questions later—is not making America any safer.

Indeed, the U.S. government may be the most egregious perpetrator of gun violence in America, bar none.

All the while gun critics continue to clamor for bans on military-style assault weapons, high-capacity magazines and armor-piercing bullets, the U.S. military is passing them out to domestic police forces.

Under the auspices of a military “recycling” program, which allows local police agencies to acquire military-grade weaponry and equipment, more than $4.2 billion worth of equipment has been transferred from the Defense Department to domestic police agencies since 1990. Included among these “gifts” are tank-like, 20-ton Mine Resistant Ambush Protected (MRAP) vehicles, tactical gear, and assault rifles.

There are now reportedly more bureaucratic (non-military) government agents armed with high-tech, deadly weapons than U.S. Marines.

While Americans have to jump through an increasing number of hoops in order to own a gun, the government is arming its own civilian employees to the hilt with guns, ammunition and military-style equipment, authorizing them to make arrests, and training them in military tactics.

Among the agencies being supplied with night-vision equipment, body armor, hollow-point bullets, shotguns, drones, assault rifles and LP gas cannons are the Smithsonian, U.S. Mint, Health and Human Services, IRS, FDA, Small Business Administration, Social Security Administration, National Oceanic and Atmospheric Administration, Education Department, Energy Department, Bureau of Engraving and Printing and an assortment of public universities.

This is the double standard at play here.

How is it that while violence has become our government’s calling card, from the more than 80,000 SWAT team raids carried out every year on unsuspecting Americans by heavily armed, black-garbed commandos and the increasingly rapid militarization of local police forces across the country to the drone killings used to target insurgents, “we the people” are the ones who must be regulated, restricted and banned from owning a weapon?

If we’re truly going to get serious about gun violence, why not start by scaling back the American police state’s weapons of war?

I’ll tell you why: because the government has no intention of scaling back on its weapons.

We’ve allowed ourselves to get so focused on debating who or what is responsible for gun violence—the guns, the gun owners, or our violent culture—and whether the Second Amendment “allows” us to own guns that we’ve overlooked the most important and most consistent theme throughout the Constitution: the fact that it is not merely an enumeration of our rights but was intended to be a clear shackle on the government’s powers.

When considered in the context of prohibitions against the government, the Second Amendment reads as a clear rebuke against any attempt to restrict the citizenry’s gun ownership.

As such, it is as necessary an ingredient for maintaining that tenuous balance between the citizenry and their republic as any of the other amendments in the Bill of Rights, especially the right to freedom of speech, assembly, press, petition, security, and due process.

Supreme Court Justice William O. Douglas understood this tension well. “The Constitution is not neutral,” he remarked, “It was designed to take the government off the backs of people.”

In this way, the freedoms enshrined in the Bill of Rights in their entirety stand as a bulwark against a police state.

To our detriment, these rights have been steadily weakened, eroded and undermined in recent years. Yet without any one of them, including the Second Amendment right to own and bear arms, we are that much more vulnerable to the vagaries of out-of-control policemen, benevolent dictators, genuflecting politicians, and overly ambitious bureaucrats.

When all is said and done, the debate over gun ownership really has little to do with gun violence in America. It’s also not even a question of whether Americans need weapons to defend themselves against any overt threats to our safety or wellbeing.

Truly, the debate over gun ownership in America is really a debate over who gets to call the shots and control the game.

In other words, it’s that same tug-of-war that keeps getting played out in every confrontation between the government and the citizenry over who gets to be the master and who is relegated to the part of the servant.

The Constitution, with its multitude of prohibitions on government overreach, is clear on this particular point. As 20th century libertarian Edmund A. Opitz observed in 1964, “No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words ‘no’ and ‘not’ employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.”

In a nutshell, as I make clear in Battlefield America: The War on the American People, the Second Amendment’s right to bear arms reflects not only a concern for one’s personal defense, but serves as a check on the political power of the ruling authorities.

It represents an implicit warning against governmental encroachments on one’s freedoms, the warning shot over the bow to discourage any unlawful violations of our persons or property.

As such, it reinforces that necessary balance in the citizen-state relationship. As George Orwell, who plays a starring role in my new novel The Erik Blair Diaries, noted, “That rifle hanging on the wall of the working-class flat or labourer’s cottage is the symbol of democracy. It is our job to see that it stays there.”

Source: https://bit.ly/2VfoOdK

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.