Posts Tagged ‘Constitution’

Bah Humbug: The Police State Wants Us To Be a Nation of Snowflakes

Posted: December 5, 2023 in Uncategorized
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“This boy is Ignorance. This girl is Want. Beware them both, and all of their degree, but most of all beware this boy, for on his brow I see that written which is Doom, unless the writing be erased.”—Charles Dickens, A Christmas Carol

What a year.

It feels as if government Grinches and corporate Scrooges have been working overtime to drain every last drop of joy, kindness and liberty from the world.

After endless months of being mired in political gloom and doom, we could all use a little Christmas cheer right now.

Unfortunately, Christmas has become embattled in recent years, co-opted by rampant commercialism, straight-jacketed by political correctness, and denuded of so much of its loveliness, holiness and mystery.

Indeed, the season for giving has turned into the season for getting…and for getting offended.

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

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 Christmas has become fodder for the politically correct culture wars.

Over the years, Christmas casualties in the campaign to create one large national safe space have ranged from the beloved animated classic Rudolph the Red-Nosed Reindeer (denounced for promoting bullying and homophobia) to 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,” “Santa Baby,” and “White Christmas.”

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.”)

In the politically correct quest to avoid causing offense, Christmas keeps getting axed.

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 in Texas 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 have not been much better outside the schools, muddled by those who subscribe to the misguided notion that the Constitution requires that anything religious in nature be banned from public places.

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.

Clearly, Christmas has become one of many casualties in the misguided dispute over the so-called “separation of church and state,” a controversy that has given rise to a disconcerting and unconstitutional attempt to sanitize public places of any reference to God or religion.

Yet there’s a really simple solution to this annual angst of whether students and teachers can display Christmas-related posters, wear Christmas colors of red and green or sing Christmas songs, and that is for government officials to stop being such Humbugs and create a vibrant, open environment where all expression can flourish.

While the First Amendment 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.

After all, the First Amendment affirms the right to freedom for religion, not freedom from religion.

Hoping to clear up the legal misunderstanding over the do’s and don’ts of celebrating Christmas, The Rutherford Institute’s Constitutional Q&A on “Twelve Rules of Christmas” provides basic guidelines for lawfully celebrating Christmas in schools, workplaces and elsewhere.

Yet 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.

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.

At the slightest hint of trouble, government officials (and corporations) are inclined to chuck anything that might be objectionable.

Yet when all is said and done, what the police state really wants is 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, while being 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?

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 ability to think for oneself 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.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, 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.

Source: https://tinyurl.com/5cjkt5hn

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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 White House Goes Rogue: Secret Surveillance Program Breaks All the Laws

Posted: November 29, 2023 in Uncategorized
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“We are rapidly entering the age of no privacy, where everyone is open to surveillance at all times; where there are no secrets from government.” — William O. Douglas, dissenting in Osborn v. United States (1966)

The government wants us to believe that we have nothing to fear from its mass spying programs as long as we’ve done nothing wrong.

Don’t believe it.

It doesn’t matter whether you obey every law. The government’s definition of a “bad” guy is extraordinarily broad, and it results in the warrantless surveillance of innocent, law-abiding Americans on a staggering scale.

For instance, it was recently revealed that the White House, relying on a set of privacy loopholes, has been sidestepping the Fourth Amendment by paying AT&T to allow federal, state, and local law enforcement to access—without a warrant—the phone records of Americans who are not suspected of a crime.

This goes way beyond the NSA’s metadata collection program.

Operated during the Obama, Trump and now the Biden presidencies, this secret dragnet surveillance program (formerly known as Hemisphere and now dubbed Data Analytical Services) uses its association with the White House to sidestep a vast array of privacy and transparency laws.

According to Senator Ron Wyden, Hemisphere has been operating without any oversight for more than a decade under the guise of cracking down on drug traffickers.

This is how the government routinely breaks the law and gets away with it: in the so-called name of national security.

More than a trillion domestic phone records are mined through this mass surveillance program every year, warrantlessly targeting not only those suspected of criminal activity but anyone with whom they might have contact, including spouses, children, parents, and friends.

It’s not just law enforcement agencies investigating drug crimes who are using Hemisphere to sidestep the Fourth Amendment, either. Those who have received training on the program reportedly include postal workers, prison officials, highway patrol officers, border cops, and the National Guard.

It’s a program ripe for abuse, and you can bet it’s getting abused.

Surveillance, digital stalking and the data mining of the American people—weapons of compliance and control in the government’s hands—haven’t made America any safer, and they certainly aren’t helping to preserve our freedoms.

Indeed, America will never be safe as long as the U.S. government is allowed to shred the Constitution.

The Fourth Amendment was intended to serve as a protective forcefield around our persons, our property, our activities, our communications and our movements. It keeps the government out of our private business except in certain, extenuating circumstances.

Those extenuating circumstances are spelled out clearly: government officials must have probable cause that criminal activity is afoot (a higher legal standard than “reasonable suspicion”), which is required by the Constitution before any government official can search an individual or his property.

Unfortunately, all three branches of government—the legislatures, courts and executive offices—have given the police state all kinds of leeway when it comes to sidestepping the Fourth Amendment.

As a result, on a daily basis, Americans are already being made to relinquish the most intimate details of who we are—our biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to clear the nearly insurmountable hurdle that increasingly defines life in the United States: we are now guilty until proven innocent.

Warrantless, dragnet surveillance is the manifestation of a lawless government that has gone rogue in its determination to do whatever it wants, whenever it wants, the Constitution be damned.

Dragnet surveillance. Geofencing. Fusion centers. Smart devices. Behavioral threat assessments. Terror watch lists. Facial recognition. Snitch tip lines. Biometric scanners. Pre-crime. DNA databases. Data mining. Precognitive technology. Contact tracing apps.

What these add up to is a world in which, on any given day, the average person is now monitored, surveilled, spied on and tracked in more than 20 different ways by both government and corporate eyes and ears.

This creepy new era of government/corporate spying—in which we’re being listened to, watched, tracked, followed, mapped, bought, sold and targeted every second of every day—has been made possible by a global army of techno-tyrants, electronic eavesdroppers, robotic snoops and digital Peeping Toms.

The government has a veritable arsenal of surveillance tools to track our movements, monitor our spending, and sniff out all the ways in which our thoughts, actions and social circles might land us on the government’s naughty list, whether or not you’ve done anything wrong.

Rounding out the list of ways in which the Techno-Corporate State and the U.S. government are colluding to nullify the privacy rights of the individual is the Biden Administration’s latest drive to harness the power of artificial intelligence technologies while claiming to protect the citizenry from harm.

In his executive order on artificial intelligence, President Biden is calling for guidelines on how the government will use AI while simultaneously insisting that corporations protect consumer privacy.

Talk about ironic that the very government that has been covertly invading our privacy rights wants to appoint itself the guardian of those rights.

Tell me this: how do you trust a government that continuously sidesteps the Constitution and undermines our rights? You can’t.

A government that repeatedly lies, cheats, steals, spies, kills, maims, enslaves, breaks the laws, overreaches its authority, and abuses its power at almost every turn can’t be trusted.

At a minimum, you shouldn’t trust the government with your privacy, property or freedoms.

Whatever else it may be—a danger, a menace, a threat—the U.S. government is certainly not looking out for our best interests.

Remember the purpose of a good government is to protect the lives and liberties of its people.

Unfortunately, what we have been saddled with is, in almost every regard, the exact opposite of an institution dedicated to protecting the lives and liberties of its people.

Indeed, the government has a history of shamelessly exploiting national emergencies for its own nefarious purposes.

Terrorist attacks, mass shootings, civil unrest, economic instability, pandemics, natural disasters: the government has been taking advantage of such crises for years now in order to gain greater power over an unsuspecting and largely gullible populace.

That’s exactly where we find ourselves now: caught in the crosshairs of a showdown between the rights of the individual and the so-called “emergency” state.

All of those freedoms we cherish—the ones enshrined in the Constitution, the ones that affirm our right to free speech and assembly, due process, privacy, bodily integrity, the right to not have police seize our property without a warrant, or search and detain us without probable cause—amount to nothing when the government and its agents are allowed to disregard those prohibitions on government overreach at will. 

This is the grim reality of life in the American police state: our so-called rights have been reduced to technicalities in the face of the government’s ongoing power grabs.

While surveillance may span a broad spectrum of methods and scenarios, the common denominator remains the same: a complete disregard for the rights of the citizenry. 

With every court ruling that allows the government to operate above the rule of law, every piece of legislation that limits our freedoms, and every act of government wrongdoing that goes unpunished, we’re slowly being conditioned to a society in which the Constitution means nothing.

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, monitored and singled out must be met with extreme caution.

Dragnet surveillance in an age of pre-crime policing and overcriminalization is basically a fishing expedition carried out without a warrant, a blatant attempt to circumvent the Fourth Amendment’s warrant requirement and prohibition on unreasonable searches and seizures.

What we need is a digital “No Trespassing” sign that protects our privacy rights and affirms our right to be left alone.

Then again, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, what we really need is a government that respects the rights of the citizenry and obeys the law.

WC: 1358

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.

What If the Constitution No Longer Applied? Freedom’s Greatest Hour of Danger Is Now

Posted: November 21, 2023 in Uncategorized
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“What if the rights and principles guaranteed in the Constitution have been so distorted in the past 200 years as to be unrecognizable by the Founders? What if the government was the reason we don’t have a Constitution anymore? What if freedom’s greatest hour of danger is now?”—Andrew P. Napolitano

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 a majority in every state but Vermont would fail a test of U.S. citizenship questions.

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 few year ago, a couple attempting to get a marriage license was 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.

Every year, the White House issues a proclamation affirming the importance of the Bill of Rights.

These proclamations pay lip service to the government’s commitment to upholding the Constitution and guarding against government abuses of power.

Don’t believe it for a second.

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

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

Indeed, we wouldn’t be in this sorry state if it weren’t for the damage inflicted in recent years 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, 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.”

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.

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.

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.

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

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: as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it’s our job to keep freedom alive using every nonviolent means available to us.

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

Freedom’s greatest hour of danger is now.

Source: https://tinyurl.com/36mrhjz6

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.

Authoritarians Drunk on Power: It’s Time to Recalibrate the Government

Posted: October 31, 2023 in Uncategorized
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“There is something terribly wrong with this country, isn’t there? Cruelty and injustice, intolerance and oppression. And where once you had the freedom to object, to think and speak as you saw fit, you now have censors and systems of surveillance coercing your conformity and soliciting your submission. How did this happen? Who’s to blame?”— V for Vendetta

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.

With Vendetta, whose imagery borrows heavily from Nazi Germany’s Third Reich and George Orwell’s 1984, we come full circle. The corporate state in V conducts mass surveillance on its citizens, helped along by closed-circuit televisions. Also, London is under yellow-coded curfew alerts, similar to the American government’s color-coded Homeland Security Advisory System.

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, those we appointed to represent our interests have stopped following the Constitution and listening to the American people.

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

In V for Vendetta, as in my novel The Erik Blair Diaries, the subtext is that authoritarian regimes—through a vicious cycle of manipulation, oppression and fear-mongering—foment violence, manufacture crises, and breed terrorists, thereby giving rise to a recurring cycle of blowback and violence.

Only when the government itself becomes synonymous with the terrorism wreaking havoc in their lives do the people to finally mobilize and stand up to the government’s tyranny.

V, a bold, charismatic freedom fighter, urges the British people to rise up and resist the government. In Vendetta, V the film’s masked crusader blows up the seat of government on November 5, Guy Fawkes Day, while in Erik Blair, freedom fighters plot to unmask the Deep State.

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

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 farce that is 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.

The COVID-19 pandemic 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.

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.

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 and in its fictional counterpart The Erik Blair Diaries, 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://tinyurl.com/yckchpwz

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.

Postcards from a Police State: 22 Years of Blowback from the USA Patriot Act

Posted: October 16, 2023 in Uncategorized
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“Voice or no voice, the people can always be brought to the bidding of the leaders. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country.”—Hermann Goering, German military commander and Hitler’s designated successor

For those who remember the days and months that followed 9/11, there is an unnerving feeling of déjà vu about the Hamas attacks on Israel.

The same shocking images of carnage and grief dominating the news. The same disbelief that anyone could be so hateful, so monstrous, so evil as to do this to another human being. The same outpourings of support and unity from around the world. The same shared fear that this could easily have happened to us or our loved ones.

Now once again the drums of war are sounding on the world stage, not that they ever really stopped. Israel is preparing to invade Gaza, the Palestinians are nearing a humanitarian crisis, and the rest of the world is bracing for whatever blowback comes next.

Here in the United States, as we approach the 22nd anniversary of the USA Patriot Act on October 26, we’re still grappling with the blowback that arises from allowing one’s freedoms to be eviscerated in exchange for the phantom promise of security.

Here are a few lessons that we never learned or learned too late.

Mammoth legislation that expands the government’s powers at the citizenry’s expense will not make anyone safer. Rushed through Congress a mere 45 days after the 9/11 attacks, the USA Patriot Act drove a stake through the heart of the Bill of Rights, undermined civil liberties, expanded the government’s powers and opened the door to far-reaching surveillance by the government on American citizens.

Pre-emptive strikes will only lead to further blowback. Not content to wage war against Afghanistan, which served as the base for Osama bin Laden, the U.S. embarked on a pre-emptive war against Iraq in order to “stop any adversary challenging America’s military superiority and adopt a strike-first policy against terrorist threats ‘before they’re fully formed.’” We are still suffering the consequences of this failed policy, which resulted in lives lost, taxpayer dollars wasted, the fomenting of hatred against the U.S. and the further radicalization of terrorist cells.

War is costly. There are many reasons to go to war, but those who have advocated that the U.S. remain at war, year after year, are the very entities that have profited most from these endless military occupations and exercises. Thus far, the U.S. taxpayer has been made to shell out more than $8 trillion to wage wars abroad, including the lifetime price of health care for disabled veterans and interest on the national debt. That also does not include the more than hundreds of thousands of civilians killed, or the millions displaced from their homes as a result of endless drone strikes and violence.

The tactics and weapons of war, once deployed abroad, will eventually be used against the citizenry at home. The horrors that took place at Abu Ghraib, the American-run prison in Iraq, involved “US military personnel humiliating, hurting and abusing Iraqi prisoners in a myriad of perverse ways. While American servicemen and women smiled and gave thumbs up, naked men were threatened by dogs, or were hooded, forced into sexual positions, placed standing with wires attached to their bodies, or left bleeding on prison floors.” Adding to the descent into moral depravity, the United States government legalized the use of torture, including waterboarding, in violation of international law and in the so-called pursuit of national security. The ramifications have been far-reaching, with domestic police mirroring a battlefield mindset in their encounters with American citizens, including the use of torture tactics at secret locations such as Homan Square in Chicago.

Allowing the government to spy on the citizenry will not reduce acts of terrorism, but it will result in a watched, submissive, surveillance society. Not only did the USA Patriot Act normalize the government’s mass surveillance powers, but it also dramatically expanded the government’s authority to spy on its own citizens without much of any oversight. Thus, a byproduct of this post 9/11-age in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency is listening in and tracking your behavior. This doesn’t even begin to touch on the corporate trackers that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere. We have all become data collected in government files. 

News cycle distractions are calibrated to ensure that you lose sight of what the government is doing. The average American has a hard time keeping up with and remembering all of the “events,” manufactured or otherwise, which occur like clockwork and keep us distracted, deluded, amused, and insulated from the reality of the American police state. Whether these events are critical or unimportant, when we’re being bombarded with wall-to-wall news coverage and news cycles that change every few days, it’s difficult to stay focused on one thing—namely, holding the government accountable to abiding by the rule of law—and the powers-that-be understand this. In this way, regularly scheduled trivia and/or distractions that keep the citizenry tuned into the various breaking news headlines and entertainment spectacles also keep them tuned out to the government’s steady encroachments on their freedoms.

If you stop holding the government accountable to the rule of law, the only laws it abides by will be the ones used to clamp down on the citizenry. Having failed to hold government officials accountable to abiding by the rule of law, the American people have found themselves saddled with a government that skirts, flouts and violates the Constitution with little consequence. Overcriminalization, asset forfeiture schemes, police brutality, profit-driven prisons, warrantless surveillance, SWAT team raids, indefinite detentions, covert agencies, and secret courts are just a few of the egregious practices carried out by a government that operates beyond the reach of the law.

Do not turn your country into a battlefield, your citizens into enemy combatants, and your law enforcement officers into extensions of the military. A standing army—something that propelled the early colonists into revolution—strips the citizenry of any vestige of freedom. How can there be any semblance of freedom when there are tanks in the streets, military encampments in cities, Blackhawk helicopters and armed drones patrolling overhead? It was for this reason that those who established America vested control of the military in a civilian government, with a civilian commander-in-chief. They did not want a military government, ruled by force. Rather, they opted for a republic bound by the rule of law: the U.S. Constitution. Unfortunately, we in America now find ourselves struggling to retain some semblance of freedom in the face of police and law enforcement agencies that look and act like the military and have just as little regard for the Fourth Amendment, laws such as the NDAA that allow the military to arrest and indefinitely detain American citizens, and military drills that acclimate the American people to the sight of armored tanks in the streets, military encampments in cities, and combat aircraft patrolling overhead.

As long as you remain fearful and distrustful of each other, you will be incapable of standing united against any threats posed by a power-hungry government. Early on, U.S. officials solved the problem of how to implement their authoritarian policies without incurring a citizen uprising: fear. The powers-that-be want us to feel threatened by forces beyond our control (terrorists, shooters, bombers). They want us afraid and dependent on the government and its militarized armies for our safety and well-being. Most of all, they want us distrustful of each other, divided by our prejudices, and at each other’s throats.

Once you trade your freedom for security, the terrorists win. We’ve walked a strange and harrowing road since September 11, 2001, littered with the debris of our once-vaunted liberties. We have gone from a nation that took great pride in being a model of a representative democracy to being a model of how to persuade a freedom-loving people to march in lockstep with a police state. And in so doing, we have proven Osama Bin Laden right. He warned that “freedom and human rights in America are doomed. The U.S. government will lead the American people in — and the West in general — into an unbearable hell and a choking life.”

It took a long time to clear away the rubble from the 9/11 attacks.

Yet as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, 22 years after the USA Patriot Act was unleashed on a vulnerable nation, we are still reeling from the destruction it has wrought on our freedoms.

Source: https://tinyurl.com/5cjwvybe

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.

This Is Not Freedom, America: The Profit Incentives Driving the American Police State

Posted: October 3, 2023 in Uncategorized
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“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” ― Frédéric Bastiat, French economist

Pay no heed to the circus politics coming out of Washington DC. It’s just more of the same grandstanding by tone-deaf politicians oblivious to the plight of the citizenry.

Don’t allow yourselves to be distracted by the competing news headlines cataloging the antics of the ruling classes. While they are full of sound and fury, they are utterly lacking in substance.

Tune out the blaring noise of meaningless babble. It is intended to drown out the very real menace of a government which is consumed with squeezing every last penny out of the population.

Focus instead on the steady march of the police state at both the national, state and local levels, and the essential freedoms that are being trampled underfoot in its single-minded pursuit of power.

While the overt and costly signs of the despotism exercised by the increasingly authoritarian regime that passes itself off as the United States government are all around us—warrantless surveillance of Americans’ private phone and email conversations by the FBI, NSA, etc.; SWAT team raids of Americans’ homes; shootings of unarmed citizens by police; harsh punishments meted out to schoolchildren in the name of zero tolerance; drones taking to the skies domestically; endless wars; out-of-control spending; militarized police; roadside strip searches; privatized prisons with a profit incentive for jailing Americans; fusion centers that collect and disseminate data on Americans’ private transactions; and militarized agencies with stockpiles of ammunition, to name some of the most appalling—you rarely hear anything about them from the politicians, the corporations or the news media.

So what’s behind the blackout of real news?

Surely, if properly disclosed and consistently reported on, the sheer volume of the government’s activities, which undermine the Constitution and dance close to the edge of outright illegality, would give rise to a sea change in how business is conducted in our seats of power.

Yet when we’re being bombarded with wall-to-wall news coverage and news cycles that change every few days, it’s difficult to stay focused on one thing—namely, holding the government accountable to abiding by the rule of law—and the powers-that-be understand this.

As with most things, if you want to know the real motives behind any government program, follow the money trail.

When you dig down far enough, you quickly find that those who profit from Americans being surveilled, fined, scanned, searched, probed, tasered, arrested and imprisoned are none other than the police who arrest them, the courts which try them, the prisons which incarcerate them, and the corporations, which manufacture the weapons, equipment and prisons used by the American police state.

These injustices, petty tyrannies and overt acts of hostility are being carried out in the name of the national good—against the interests of individuals, society and ultimately our freedoms—by an elite class of government officials working in partnership with megacorporations that are largely insulated from the ill effects of their actions.

Everywhere you go, everything you do, and every which way you look, we’re getting swindled, cheated, conned, robbed, raided, pickpocketed, mugged, deceived, defrauded, double-crossed and fleeced by governmental and corporate shareholders of the American police state out to make a profit at taxpayer expense.

Not only are Americans forced to spend more on taxes than the annual financial burdens of food, education and clothing combined, but we’re also being played as easy marks by hustlers bearing the imprimatur of the government.

Examples of this legalized, profits-over-people, government-sanctioned extortion abound.

On the roads: Not satisfied with merely padding their budgets by issuing speeding tickets, police departments have turned to asset forfeiture and speeding and red light camera schemes as a means of growing their profits. Despite revelations of corruption, collusion and fraud, these money-making scams have been being inflicted on unsuspecting drivers by revenue-hungry municipalities. Now legislators are hoping to get in on the profit sharing by imposing a vehicle miles-traveled tax, which would charge drivers for each mile behind the wheel.

In the prisons: States now have quotas to meet for how many Americans go to jail. Increasing numbers of states have contracted to keep their prisons at 90% to 100% capacity. This profit-driven form of mass punishment has, in turn, given rise to a $70 billion private prison industry that relies on the complicity of state governments to keep the money flowing and their privately run prisons full, “regardless of whether crime was rising or falling.” As Mother Jones reports, “private prison companies have supported and helped write … laws that drive up prison populations. Their livelihoods depend on towns, cities, and states sending more people to prison and keeping them there.” Private prisons are also doling out harsher punishments for infractions by inmates in order to keep them locked up longer in order to “boost profits” at taxpayer expense. All the while, prisoners are being forced to provide cheap labor for private corporations. No wonder the United States has one of the largest prison populations in the world.

In the schools: The public schools have become a microcosm of the total surveillance state which currently dominates America, adopting a host of surveillance technologies, including video cameras, finger and palm scanners, iris scanners, as well as RFID and GPS tracking devices, to keep constant watch over their student bodies. Likewise, the military industrial complex with its military weapons, metal detectors, and weapons of compliance such as tasers has succeeded in transforming the schools—at great taxpayer expense and personal profit—into quasi-prisons. Rounding things out are school truancy laws, which come disguised as well-meaning attempts to resolve attendance issues in the schools but in truth are nothing less than stealth maneuvers aimed at enriching school districts and court systems alike through excessive fines and jail sentences for “unauthorized” absences. Curiously, none of these efforts seem to have succeeded in making the schools any safer.

In the endless wars abroad: Fueled by the profit-driven military industrial complex, the government’s endless wars are wreaking havoc on our communities, our budget and our police forces. Having been co-opted by greedy defense contractors, corrupt politicians and incompetent government officials, America’s expanding military empire is bleeding the country dry at a rate of more than $93 million per hour. Future wars and military exercises waged around the globe are expected to push the total bill upwards of $12 trillion by 2053.  Talk about fiscally irresponsible: the U.S. government is spending money it doesn’t have on a military empire it can’t afford. War spending is bankrupting America.

In the form of militarized police: The Department of Homeland Security routinely hands out six-figure grants to enable local municipalities to purchase military-style vehicles, as well as a veritable war chest of weaponry, ranging from tactical vests, bomb-disarming robots, assault weapons and combat uniforms. This rise in military equipment purchases funded by the DHS has, according to analysts Andrew Becker and G.W. Schulz, “paralleled an apparent increase in local SWAT teams.” The end result? An explosive growth in the use of SWAT teams for otherwise routine police matters, an increased tendency on the part of police to shoot first and ask questions later, and an overall mindset within police forces that they are at war—and the citizenry are the enemy combatants. Over 80,000 SWAT team raids are conducted on American homes and businesses each year. Moreover, government-funded military-style training drills continue to take place in cities across the country.

In profit-driven schemes such as asset forfeiture: Under the guise of fighting the war on drugs, government agents (usually the police) have been given broad leeway to seize billions of dollars’ worth of private property (money, cars, TVs, etc.) they “suspect” may be connected to criminal activity. Then—and here’s the kicker—whether or not any crime is actually proven to have taken place, the government keeps the citizen’s property, often divvying it up with the local police who did the initial seizure. The police have actually being trained in seminars on how to seize the “goodies” that are on police departments’ wish lists. According to the New York Times, seized monies have been used by police to “pay for sports tickets, office parties, a home security system and a $90,000 sports car.”

By the security industrial complex: We’re being spied on by a domestic army of government snitches, spies and techno-warriors. In the so-called name of “precrime,” this government of Peeping Toms is watching everything we do, reading everything we write, listening to everything we say, and monitoring everything we spend. Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it is all being recorded, stored, and catalogued, and will be used against you eventually, at a time and place of the government’s choosing. This far-reaching surveillance, carried out with the complicity of the Corporate State, has paved the way for an omnipresent, militarized fourth branch of government—the Surveillance State—that came into being without any electoral mandate or constitutional referendum. That doesn’t even touch on the government’s bold forays into biometric surveillance as a means of identifying and tracking the American people from birth to death.

By a government addicted to power: It’s a given that you can always count on the government to take advantage of a crisis, legitimate or manufactured. Emboldened by the citizenry’s inattention and willingness to tolerate its abuses, the government has weaponized one national crisis after another in order to expand its powers. The war on terror, the war on drugs, the war on illegal immigration, asset forfeiture schemes, road safety schemes, school safety schemes, eminent domain: all of these programs started out as legitimate responses to pressing concerns and have since become weapons of compliance and control in the police state’s hands. Now that the government has gotten a taste for flexing its police state powers by way of a bevy of COVID-19 lockdowns, mandates, restrictions, contact tracing programs, heightened surveillance, censorship, overcriminalization, etc., “we the people” may well find ourselves burdened with a Nanny State inclined to use its draconian pandemic powers to protect us from ourselves.

This perverse mixture of government authoritarianism and corporate profits has increased the reach of the state into our private lives while also adding a profit motive into the mix. And, as always, it’s we the people, we the taxpayers, we the gullible voters who keep getting taken for a ride by politicians eager to promise us the world on a plate.

This is a far cry from how a representative government is supposed to operate.

Indeed, it has been a long time since we could claim to be the masters of our own lives. Rather, we are now the subjects of a militarized, corporate empire in which the vast majority of the citizenry work their hands to the bone for the benefit of a privileged few.

Adding injury to the ongoing insult of having our tax dollars misused and our so-called representatives bought and paid for by the moneyed elite, the government then turns around and uses the money we earn with our blood, sweat and tears to target, imprison and entrap us, in the form of militarized police, surveillance cameras, private prisons, license plate readers, drones, and cell phone tracking technology.

With every new tax, fine, fee and law adopted by our so-called representatives, the yoke around the neck of the average American seems to tighten just a little bit more.

All of those nefarious deeds by government officials that you hear about every day: those are your tax dollars at work.

It’s your money that allows for government agents to spy on your emails, your phone calls, your text messages, and your movements. It’s your money that allows out-of-control police officers to burst into innocent people’s homes, or probe and strip search motorists on the side of the road. And it’s your money that leads to Americans across the country being prosecuted for innocuous activities such as growing vegetable gardens in their front yards or daring to speak their truth to their elected officials.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is not freedom, America.

Source: https://tinyurl.com/jxh9zswn

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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 New Abnormal: Authoritarian Control Freaks Want to Micromanage Our Lives

Posted: September 26, 2023 in Commentary
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“Man is born free but everywhere is in chains.”—Jean-Jacques Rousseau

Authoritarian control freaks out to micromanage our lives have become the new normal or, to be more accurate, the new abnormal when it comes to how the government relates to the citizenry.

This overbearing despotism, which pre-dates the COVID-19 hysteria, is the very definition of a Nanny State, where government representatives (those elected and appointed to work for us) adopt the authoritarian notion that the government knows best and therefore must control, regulate and dictate almost everything about the citizenry’s public, private and professional lives.

Indeed, it’s a dangerous time for anyone who still clings to the idea that freedom means the right to think for yourself and act responsibly according to your best judgment.

This tug-of-war for control and sovereignty over our selves impacts almost every aspect of our lives, whether you’re talking about decisions relating to our health, our homes, how we raise our children, what we consume, what we drive, what we wear, how we spend our money, how we protect ourselves and our loved ones, and even who we associate with and what we think.

As Liz Wolfe writes for Reason, “Little things that make people’s lives better, tastier, and less tedious are being cracked down on by big government types in federal and state governments.”

You can’t even buy a stove, a dishwasher, a showerhead, a leaf blower, or a lightbulb anymore without running afoul of the Nanny State.

In this way, under the guise of pseudo-benevolence, the government has meted out this bureaucratic tyranny in such a way as to nullify the inalienable rights of the individual and limit our choices to those few that the government deems safe enough.

Yet limited choice is no choice at all. Likewise, regulated freedom is no freedom at all.

Indeed, as a study by the Cato Institute concludes, for the average American, freedom has declined generally over the past 20 years. As researchers William Ruger and Jason Sorens explain, “We ground our conception of freedom on an individual rights framework. In our view, individuals should be allowed to dispose of their lives, liberties, and property as they see fit, so long as they do not infringe on the rights of others.”

The overt signs of the despotism exercised by the increasingly authoritarian regime that passes itself off as the United States government (and its corporate partners in crime) are all around us: censorship, criminalizing, shadow banning and de-platforming of individuals who express ideas that are politically incorrect or unpopular; warrantless surveillance of Americans’ movements and communications; SWAT team raids of Americans’ homes; shootings of unarmed citizens by police; harsh punishments meted out to schoolchildren in the name of zero tolerance; community-wide lockdowns and health mandates that strip Americans of their freedom of movement and bodily integrity; armed drones taking to the skies domestically; endless wars; out-of-control spending; militarized police; roadside strip searches; privatized prisons with a profit incentive for jailing Americans; fusion centers that spy on, collect and disseminate data on Americans’ private transactions; and militarized agencies with stockpiles of ammunition, to name some of the most appalling.

Yet as egregious as these incursions on our rights may be, it’s the endless, petty tyrannies—the heavy-handed, punitive-laden dictates inflicted by a self-righteous, Big-Brother-Knows-Best bureaucracy on an overtaxed, overregulated, and underrepresented populace—that illustrate so clearly the degree to which “we the people” are viewed as incapable of common sense, moral judgment, fairness, and intelligence, not to mention lacking a basic understanding of how to stay alive, raise a family, or be part of a functioning community.

When the dictates of petty bureaucrats carry greater weight than the individual rights of the citizenry, we’re in trouble, folks.

Federal and state governments have used the law as a bludgeon to litigate, legislate and micromanage our lives through overregulation and overcriminalization.

This is what happens when bureaucrats run the show, and the rule of law becomes little more than a cattle prod for forcing the citizenry to march in lockstep with the government.

Overregulation is just the other side of the coin to overcriminalization, that phenomenon in which everything is rendered illegal, and everyone becomes a lawbreaker.

You don’t have to look far to find abundant examples of Nanny State laws that infantilize individuals and strip them of their ability to decide things for themselves. Back in 2012, then-New York Mayor Michael Bloomberg infamously proposed a ban on the sale of sodas and large sugary drinks in order to guard against obesity. Other localities enacted bans on texting while jaywalking, wearing saggy pants, having too much mud on your car, smoking outdoors, storing trash in your car, improperly sorting your trash, cursing within earshot of others, or screeching your tires.

Yet while there are endless ways for the Nanny State to micromanage our lives, things become truly ominous when the government adopts mechanisms enabling it to monitor us for violations in order to enforce its many laws.

Nanny State, meet the all-seeing, all-knowing Surveillance State and its sidekick, the muscle-flexing Police State.

You see, in an age of overcriminalization—when the law is wielded like a hammer to force compliance to the government’s dictates whatever they might be—you don’t have to do anything “wrong” to be fined, arrested or subjected to raids and seizures and surveillance.

You just have to refuse to march in lockstep with the government.

As policy analyst Michael Van Beek warns, the problem with overcriminalization is that there are so many laws at the federal, state and local levels—that we can’t possibly know them all.

“It’s also impossible to enforce all these laws. Instead, law enforcement officials must choose which ones are important and which are not. The result is that they pick the laws Americans really must follow, because they’re the ones deciding which laws really matter,” concludes Van Beek. “Federal, state and local regulations — rules created by unelected government bureaucrats — carry the same force of law and can turn you into a criminal if you violate any one of them… if we violate these rules, we could be prosecuted as criminals. No matter how antiquated or ridiculous, they still carry the full force of the law. By letting so many of these sit around, just waiting to be used against us, we increase the power of law enforcement, which has lots of options to charge people with legal and regulatory violations.”

This is the police state’s superpower: empowered by the Nanny State, it has been vested with the authority to make our lives a bureaucratic hell.

Indeed, if you were unnerved by the rapid deterioration of privacy under the Surveillance State, prepare to be terrified by the surveillance matrix that will be ushered in by the Nanny State working in tandem with the Police State.

The government’s response to COVID-19 saddled us with a Nanny State inclined to use its draconian pandemic powers to protect us from ourselves.

The groundwork laid with COVID-19 is a prologue to what will become the police state’s conquest of a new, relatively uncharted, frontier: inner space, specifically, the inner workings (genetic, biological, biometric, mental, emotional) of the human race.

Consider how many more ways the government could “protect us” from ourselves under the guise of public health and safety.

For instance, under the guise of public health and safety, the government could use mental health care as a pretext for targeting and locking up dissidents, activists and anyone unfortunate enough to be placed on a government watch list.

When combined with advances in mass surveillance technologies, artificial intelligence-powered programs that can track people by their biometrics and behavior, mental health sensor data (tracked by wearable data and monitored by government agencies such as HARPA), threat assessments, behavioral sensing warnings, precrime initiatives, red flag gun laws, and mental health first-aid programs aimed at training gatekeepers to identify who might pose a threat to public safety, these preemptive mental health programs could well signal a tipping point in the government’s efforts to penalize those engaging in so-called “thought crimes.”

This is how it begins.

On a daily basis, Americans are already relinquishing (in many cases, voluntarily) the most intimate details of who we are—their biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to navigate an increasingly technologically-enabled world.

Having conditioned the population to the idea that being part of society is a privilege and not a right, such access could easily be predicated on social credit scores, the worthiness of one’s political views, or the extent to which one is willing to comply with the government’s dictates, no matter what they might be.

COVID-19 with its talk of mass testing, screening checkpoints, contact tracing, immunity passports, and snitch tip lines for reporting “rule breakers” to the authorities was a preview of what’s to come.

We should all be leery and afraid.

At a time when the government has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state, it won’t take much for any of us to be considered outlaws or terrorists.

After all, the government likes to use the words “anti-government,” “extremist” and “terrorist” interchangeably. The Department of Homeland Security broadly defines extremists as individuals “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.”

At some point, being an individualist will be considered as dangerous as being a terrorist.

When anything goes when it’s done in the name of national security, crime fighting and terrorism, “we the people” have little to no protection against SWAT team raids, domestic surveillance, police shootings of unarmed citizens, indefinite detentions, and the like, whether or  not you’ve done anything wrong.

In an age of overcriminalization, you’re already a criminal.

All the government needs is proof of your law-breaking. They’ll get it, too.

Whether it’s through the use of surveillance software such as ShadowDragon that allows police to watch people’s social media activity, or technology that uses a home’s WiFi router and smart appliances to allow those on the outside to “see” throughout your home, it’s just a matter of time.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it’s no longer a question of whether the government will lock up Americans for defying one of its numerous mandates but when.

Source: https://tinyurl.com/2jcu7y7v

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.

No, the Government Should Not Be Allowed to Use Warrantless Drone Surveillance to Snoop on Citizens at Home or Spy on Private Property

Posted: September 13, 2023 in Uncategorized
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LANSING, Mich. — The Rutherford Institute is pushing back against efforts by government officials to use warrantless aerial drone surveillance to snoop on citizens at home and spy on their private property.

In filing a joint amicus brief with Cato Institute in Long Lake Township v. Maxon, Institute attorneys are calling on the Michigan Supreme Court to hold government officials accountable for violating the Fourth Amendment by not obtaining a search warrant before using a drone to take aerial photographs of private property, which was not observable from the ground, in order to gather evidence of a civil zoning violation.

“Americans are being swept up into a massive digital data dragnet that does not distinguish between those who are innocent of wrongdoing, suspects, or criminals. Aerial drone surveillance has become a de facto snitch for the police state,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “By subjecting Americans to surveillance without their knowledge or compliance, the government has erected the ultimate suspect society. In such an environment, there is no such thing as ‘innocent until proven guilty.’”

In 2008, Long Lake Township brought a zoning action against Todd Maxon, alleging that he was using his five-acre property where he lives as an illegal salvage or junkyard due to having automobiles which he worked on fixing up as a hobby. The case settled that year in Maxon’s favor with a dismissal and the Township agreeing to reimburse a portion of his attorneys’ fees. However, the government did not stop in its pursuit to penalize Maxon and his wife. In 2010, 2016, 2017, and 2018—without obtaining any search warrant—Township officials used a drone to take aerial photographs of the Maxons’ property, which was not visible from the ground because it is blocked by buildings and trees. The Township then filed another zoning action in 2018, alleging that the Maxons had increased the scope of the junk cars and material on their property. The Maxons argued that the aerial surveillance and photographs by the drones of their property was an unlawful search in violation of the Fourth Amendment and should therefore be excluded from evidence because people do not reasonably expect drones with high powered cameras to surveil their private property at relatively low altitudes. The trial court denied the Maxons’ motion to suppress the images.

Noting the maneuverability, speed, and stealth of drones which could fly directly up to an open bathroom window, the Michigan Court of Appeals ruled that persons do have a reasonable expectation of privacy in their property against drone surveillance and that government officials must therefore obtain a warrant for such surveillance. However, although the Court of Appeals held that government officials had violated the Fourth Amendment, the court further held that the exclusionary rule does not apply in civil cases to suppress unconstitutionally obtained evidence. The Maxons appealed to the Michigan Supreme Court. In weighing in before the Court on behalf of the Maxons’ right to be free from warrantless aerial drone surveillance, The Rutherford Institute and Cato Institute warned that failure to apply the exclusionary rule will create a roadmap for the government to circumvent Fourth Amendment protections by simply classifying its fines as “civil” to punish people for violating its laws and ordinances.

Clark M. Neily, III and Laura A. Bondank of the Cato Institute helped advance the arguments in the Long Lake Township v. Maxon amicus brief.

The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Death by a Thousand Cuts: The Many Ways Our Rights Have Been Usurped Since 9/11

Posted: September 11, 2023 in Uncategorized
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“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” — Abraham Lincoln

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

Unfortunately, although the Bill of Rights was adopted as a means of protecting the people against government tyranny, in America today, the government does whatever it wants, freedom be damned.

In the 22 years since the USA Patriot Act—a massive 342-page wish list of expanded powers for the FBI and CIA—was rammed through Congress in the wake of the so-called 9/11 terror attacks, it has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse.

The Patriot Act 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 are now considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

The Patriot Act justified broader domestic surveillance, the logic being that if government agents knew more about each American, they could distinguish the terrorists from law-abiding citizens—no doubt a reflexive impulse shared by small-town police and federal agents alike.

This, according to Washington Post reporter Robert O’Harrow, Jr., was a fantasy that “had been brewing in the law enforcement world for a long time.” And 9/11 provided the government with the perfect excuse for conducting far-reaching surveillance and collecting mountains of information on even the most law-abiding citizen.

Federal agents and police officers are now authorized to conduct covert black bag “sneak-and-peak” searches of homes and offices while you are away and confiscate your personal property without first notifying you of their intent or their presence.

The law also granted the FBI the right to come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you; allowed the government access to your medical records, school records and practically every personal record about you; and allowed the government to secretly demand to see records of books or magazines you’ve checked out in any public library and Internet sites you’ve visited (at least 545 libraries received such demands in the first year following passage of the Patriot Act).

In the name of fighting terrorism, government officials are now permitted to monitor religious and political institutions with no suspicion of criminal wrongdoing; prosecute librarians or keepers of any other records if they tell anyone that the government has subpoenaed information related to a terror investigation; monitor conversations between attorneys and clients; search and seize Americans’ papers and effects without showing probable cause; and jail Americans indefinitely without a trial, among other things.

The federal government also made liberal use of its new powers, especially through the use (and abuse) of the nefarious national security letters, which allow the FBI to demand personal customer records from Internet Service Providers, financial institutions and credit companies at the mere say-so of the government agent in charge of a local FBI office and without prior court approval.

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

In this way, “we the people” continue to be terrorized, traumatized, and tricked into a semi-permanent state of compliance by a government that cares nothing for our lives or our liberties.

The bogeyman’s names and faces have changed over time (terrorism, the war on drugs, illegal immigration, a viral pandemic, and more to come), but the end result remains the same: in the so-called name of national security, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded with the support of Congress, the White House, and the courts.

A recitation of the Bill of Rights—set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, vaccine mandates, lockdowns, and the like (all sanctioned by Congress, the White House, and the courts)—would understandably sound more like a eulogy to freedoms lost than an affirmation of rights we truly possess.

What we are left with today is but a shadow of the robust document adopted more than two centuries ago. Sadly, most of the damage has been inflicted upon the Bill of Rights.

Here is what it means to live under the Constitution, with the nation still suffering blowback from the permanent state of emergency brought about by 9/11 and COVID-19.

The First Amendment is supposed to protect the freedom to speak your mind, assemble and protest nonviolently without being bridled by the government. It also protects the freedom of the media, as well as the right to worship and pray without interference. In other words, Americans should not be silenced by the government. To the founders, all of America was a free speech zone.

Despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Increasingly, Americans are being persecuted for exercising their First Amendment rights and speaking out against government corruption. Activists are being arrested and charged for daring to film police officers engaged in harassment or abusive practices. Journalists are being prosecuted for reporting on whistleblowers. States are passing legislation to muzzle reporting on cruel and abusive corporate practices. Religious ministries are being fined for attempting to feed and house the homeless. Protesters are being tear-gassed, beaten, arrested and forced into “free speech zones.” And under the guise of “government speech,” the courts have reasoned that the government can discriminate freely against any First Amendment activity that takes place within a so-called government forum.

The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” Essentially, this amendment was intended to give the citizenry the means to resist tyrannical government. Yet while gun ownership has been recognized by the U.S. Supreme Court as an individual citizen right, Americans remain powerless to defend themselves against red flag gun laws, militarized police, SWAT team raids, and government agencies armed to the teeth with military weapons better suited to the battlefield.

The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” With the police increasingly training like the military, acting like the military, and posing as military forces—complete with heavily armed SWAT teams, military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a standing army on American soil.

The Fourth Amendment prohibits government agents from conducting surveillance on you or touching you or encroaching on your private property unless they have evidence that you’re up to something criminal. In other words, the Fourth Amendment ensures privacy and bodily integrity. Unfortunately, the Fourth Amendment has suffered the greatest damage in recent years and has been all but eviscerated by an unwarranted expansion of governmental police powers that include strip searches and even anal and vaginal searches of citizens, surveillance (corporate and otherwise), and intrusions justified in the name of fighting terrorism, as well as the outsourcing of otherwise illegal activities to private contractors.

The Fifth Amendment and the Sixth Amendment work in tandem. These amendments supposedly ensure that you are innocent until proven guilty, and government authorities cannot deprive you of your life, your liberty or your property without the right to an attorney and a fair trial before a civilian judge. However, in the new suspect society in which we live, where surveillance is the norm, these fundamental principles have been upended. Certainly, if the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights.

The Seventh Amendment guarantees citizens the right to a jury trial. Yet when the populace has no idea of what’s in the Constitution—civic education has virtually disappeared from most school curriculums—that inevitably translates to an ignorant jury incapable of distinguishing justice and the law from their own preconceived notions and fears. However, as a growing number of citizens are coming to realize, the power of the jury to nullify the government’s actions—and thereby help balance the scales of justice—is not to be underestimated. Jury nullification reminds the government that “we the people” retain the power to ultimately determine what laws are just.

The Eighth Amendment is similar to the Sixth in that it is supposed to protect the rights of the accused and forbid the use of cruel and unusual punishment. However, the Supreme Court’s determination that what constitutes “cruel and unusual” should be dependent on the “evolving standards of decency that mark the progress of a maturing society” leaves us with little protection in the face of a society lacking in morals altogether.

The Ninth Amendment provides that other rights not enumerated in the Constitution are nonetheless retained by the people. Popular sovereignty—the belief that the power to govern flows upward from the people rather than downward from the rulers—is clearly evident in this amendment. However, it has since been turned on its head by a centralized federal government that sees itself as supreme and which continues to pass more and more laws that restrict our freedoms under the pretext that it has an “important government interest” in doing so.

As for the Tenth Amendment’s reminder that the people and the states retain every authority that is not otherwise mentioned in the Constitution, that assurance of a system of government in which power is divided among local, state and national entities has long since been rendered moot by the centralized Washington, DC, power elite—the president, Congress and the courts.

Thus, if there is any sense to be made from this recitation of freedoms lost, it is simply this: our individual freedoms have been eviscerated so that the government’s powers could be expanded.

It was no idle happenstance that the Constitution, which was adopted 236 years ago on Sept. 17, 1787, opens with these three powerful words: “We the people.” As the Preamble proclaims:

We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America.

In other words, it’s our job to make the government play by the rules of the Constitution.

We are supposed to be the masters and they—the government and its agents—are the servants.

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

Still, it’s hard to be a good citizen if you don’t know anything about your rights or how the government is supposed to operate.

As the National Review rightly asks, “How can Americans possibly make intelligent and informed political choices if they don’t understand the fundamental structure of their government? American citizens have the right to self-government, but it seems that we increasingly lack the capacity for it.”

Americans are constitutionally illiterate.

Most citizens have little, if any, knowledge about their basic rights. And our educational system does a poor job of teaching the basic freedoms guaranteed in the Constitution and the Bill of Rights.

Teachers and school administrators do not fare much better. A study conducted by the Center for Survey Research and Analysis found that one educator in five was unable to name any of the freedoms in the First Amendment.

Government leaders and politicians are also ill-informed. Although they take an oath to uphold, support and defend the Constitution against “enemies foreign and domestic,” their lack of education about our fundamental rights often causes them to be enemies of the Bill of Rights.

So what’s the solution?

Thomas Jefferson recognized that a citizenry educated on “their rights, interests, and duties”  is the only real assurance that freedom will survive.

From the President on down, anyone taking public office should have a working knowledge of the Constitution and the Bill of Rights and should be held accountable for upholding their precepts. One way to ensure this would be to require government leaders to take a course on the Constitution and pass a thorough examination thereof before being allowed to take office.

Some critics are advocating that students pass the United States citizenship exam in order to graduate from high school. Others recommend that it must be a prerequisite for attending college. I’d go so far as to argue that students should have to pass the citizenship exam before graduating from grade school.

Here’s an idea to get educated and take a stand for freedom: anyone who signs up to become a member of The Rutherford Institute gets a wallet-sized Bill of Rights card and a Know Your Rights card. Use this card to teach your children the freedoms found in the Bill of Rights.

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 do more than grouse and complain.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, “we the people” have the power to make and break the government.

The powers-that-be want us to remain divided over politics, hostile to those with whom we disagree politically, and intolerant of anyone or anything whose solutions to what ails this country differ from our own. They also want us to believe that our job as citizens begins and ends on Election Day.

Yet there are 330 million of us in this country. Imagine what we could accomplish if we actually worked together, presented a united front, and spoke with one voice.

Tyranny wouldn’t stand a chance.

Source: https://tinyurl.com/4sbcn4jd

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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 Next Crisis Is Anyone’s Guess, But the Government Is Ready to Lockdown the Nation

Posted: September 5, 2023 in Uncategorized
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“The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by an endless series of hobgoblins, most of them imaginary.”—H.L. Mencken

First came 9/11, which the government used to transform itself into a police state.

Then the COVID-19 pandemic hit, which the police state used to test out its lockdown powers.

In light of the government’s tendency to exploit crises (legitimate or manufactured) and capitalize on the nation’s heightened emotions, confusion and fear as a means of extending the reach of the police state, one has to wonder what so-called crisis it will declare next.

It’s a simple enough formula: first, you create fear, then you capitalize on it by seizing power.

Frankly, it doesn’t even matter what the nature of the next national emergency might be (terrorism, civil unrest, economic collapse, a health scare, or the environment) as long as it allows the government to lockdown the nation and justify all manner of tyranny in the so-called name of national security.

Cue the Emergency State.

Terrorist attacks, mass shootings, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters”: the government has been anticipating and preparing for such crises for years now.

As David C. Unger writes for the New York Times: “Life, liberty, and the pursuit of happiness have given way to permanent crisis management: to policing the planet and fighting preventative wars of ideological containment, usually on terrain chosen by, and favorable to, our enemies. Limited government and constitutional accountability have been shouldered aside by the kind of imperial presidency our constitutional system was explicitly designed to prevent.”

Here’s what we know: given the rate at which the government keeps devising new ways to establish itself as the “solution” to all of our worldly problems at taxpayer expense, each subsequent crisis ushers in ever larger expansions of government power and less individual liberty.

This is the slippery slope to outright tyranny.

You see, once the government acquires (and uses) authoritarian powers—to spy on its citizens, to carry out surveillance, to transform its police forces into extensions of the military, to seize taxpayer funds, to wage endless wars, to censor and silence dissidents, to identify potential troublemakers, to detain citizens without due process—it does not voluntarily relinquish them.

The lesson for the ages is this: once any government is allowed to overreach and expand its powers, it’s almost impossible to put the genie back in the bottle. As Harvard constitutional law professor Laurence Tribe recognizes, “The dictatorial hunger for power is insatiable.”

Indeed, the history of the United States is a testament to the old adage that liberty decreases as government (and government bureaucracy) grows. To put it another way, as government expands, liberty contracts.

In this way, every crisis since the nation’s early beginnings has become a make-work opportunity for the government.

Each crisis has also been a test to see how far “we the people” would allow the government to sidestep the Constitution in the so-called name of national security; a test to see how well we have assimilated the government’s lessons in compliance, fear and police state tactics; a test to see how quickly we’ll march in lockstep with the government’s dictates, no questions asked; and a test to see how little resistance we offer up to the government’s power grabs when made in the name of national security.

Most critically of all, it has been a test to see whether the Constitution—and our commitment to the principles enshrined in the Bill of Rights—could survive a national crisis and true state of emergency.

Unfortunately, we’ve been failing this particular test for a long time now.

Indeed, the powers-that-be have been pushing our buttons and herding us along like so much cattle since World War II, at least, starting with the Japanese attacks on Pearl Harbor, which not only propelled the U.S. into World War II but also unified the American people in their opposition to a common enemy.

That fear of attack by foreign threats, conveniently torqued by the growing military industrial complex, in turn gave rise to the Cold War era’s “Red Scare.” Promulgated through government propaganda, paranoia and manipulation, anti-Communist sentiments boiled over into a mass hysteria that viewed anyone and everyone as suspect: your friends, the next-door neighbor, even your family members could be a Communist subversive.

This hysteria, which culminated in hearings before the House Un-American Activities Committee, where hundreds of Americans were called before Congress to testify about their so-called Communist affiliations and intimidated into making false confessions, also paved the way for the rise of an all-knowing, all-seeing governmental surveillance state.

By the time 9/11 rolled around, all George W. Bush had to do was claim the country was being invaded by terrorists, and the government used the USA Patriot Act to claim greater powers to spy, search, detain and arrest American citizens in order to keep America safe.

By way of the National Defense Authorization Act, Barack Obama continued Bush’s trend of undermining the Constitution, going so far as to give the military the power to strip Americans of their constitutional rights, label them extremists, and detain them indefinitely without trial, all in the name of keeping America safe.

Despite the fact that the breadth of the military’s power to detain American citizens violates not only U.S. law and the Constitution but also international laws, the government has refused to relinquish its detention powers made possible by the NDAA.

Then Donald Trump took office, claiming the country was being invaded by dangerous immigrants and insisting that the only way to keep America safe was to expand the reach of the border police, empower the military to “assist” with border control, and essentially turn the country into a Constitution-free zone.

That so-called immigration crisis then morphed into multiple crises (domestic extremism, the COVID-19 pandemic, race wars, civil unrest, etc.) that the government has been eager to use in order to expand its powers.

Joe Biden, in turn, has made every effort to expand the reach of the militarized police state, pledging to hire 87,000 more IRS agents and 100,000 police officers, and allowing the FBI to operate as standing army.

What the next crisis will be is anyone’s guess, but you can be sure that there will be a next crisis.

So, what should you expect if the government decides to declare another state of emergency and institutes a nationwide lockdown?

You should expect more of the same, only worse.

More compliance, less resistance.

More fear-mongering, mind-control tactics and less tolerance for those who question the government’s propaganda-driven narratives.

Most of all, you should expect more tyranny and less freedom.

Given the government’s past track record and its long-anticipated plans for using armed forces to solve domestic political and social problems in response to a future crisis, there’s every reason to worry about what comes next.

Mark my words: as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if and when another crisis arises—if and when a nationwide lockdown finally hits—if and when martial law is enacted with little real outcry or resistance from the public— then we will truly understand the extent to which the powers-that-be have fully succeeded in acclimating us to a state of affairs in which the government has all the power and “we the people” have none. 

In the meantime, if all we do to reclaim our freedoms and regain control over our runaway government is vote for yet another puppet of the Deep State, by the time the next crisis arises, it may well be too late.

Source: http://tinyurl.com/3sn4waec

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.

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