Posts Tagged ‘Constitution’

The Rise of the Prison State: Trump’s Push for Megaprisons Could Lock Us All Up

Posted: July 9, 2025 in Uncategorized
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“You think we’re arresting people now? You wait till we get the funding to do what we got to do.”—Tom Homan, Trump’s border czar

America is rapidly becoming a nation of prisons.

Having figured out how to parlay presidential authority in foreign affairs in order to sidestep the Constitution, President Trump is using his immigration enforcement powers to lock up—and lock down—the nation.

After all, a police state requires a prison state. And no one is cheering louder than the private prison corporations making money hand over fist from Trump’s expansion of federal detention.

Under the guise of national security and public safety, the Trump administration is engineering the largest federal expansion of incarceration and detention powers in U.S. history.

At the center of this campaign is Alligator Alcatraz, a federal detention facility built in the Florida Everglades and hailed by the White House as a model for the future of federal incarceration. But this is more than a new prison—it is the architectural symbol of a carceral state being quietly constructed in plain sight.

With over $170 billion allocated through Trump’s megabill, we are witnessing the creation of a vast, permanent enforcement infrastructure aimed at turning the American police state into a prison state.

The scope of this expansion is staggering.

The bill allocates $45 billion just to expand immigrant detention—a move that will make ICE the best-funded federal law enforcement agency in American history, with more money than the FBI, the DEA, and the Bureau of Prisons combined.

Yet be warned: what begins with ICE rarely ends with ICE.

Trump’s initial promise to crack down on “violent illegal criminals” has evolved into a sweeping mandate: a mass, quota-driven roundup campaign that detains anyone the administration deems a threat, regardless of legal status and at significant expense to the American taxpayer: immigrants, activists, journalists, business owners, military veterans, and even spouses of American citizens.

What’s more, the vast majority of those being detained are not violent criminals.

According to analyst Robert Reich, 71.7 percent of ICE detainees have no criminal record. Many are longtime residents, laborers, and small business owners—people who have contributed to the economy for years.

Removing these individuals from the workforce and imprisoning them not only devastates families and communities—it burdens taxpayers and weakens the economy.

According to the Department of Homeland Security, it costs more than $150 a day to detain a single immigrant—totaling over $3 billion annually for ICE detention alone. Meanwhile, undocumented workers contribute an estimated $96 billion in federal, state and local taxes each year, and billions more in Social Security and Medicare taxes that they can never claim.

These are the workers who keep industries running—doing the jobs many Americans refuse. Locking them up doesn’t save money; it dismantles the very labor force that sustains the economy.

Like so many of the Trump administration’s grandiose plans, the math doesn’t add up.

Just as Trump’s tariffs have failed to revive American manufacturing and instead raised consumer prices, this detention-state spending spree will cost taxpayers far more than it saves.

It’s not just authoritarian—it’s bad economics, funneling tax dollars into a bureaucracy that grows government while delivering no real public benefit.

We’re being told it’s about public safety and border control—but in reality, it’s a bloated, inefficient bureaucracy that shifts billions from productive parts of the economy into a black hole of surveillance, cement, and razor wire.

Making matters worse, many of these detained immigrants are then exploited as a pool of cheap labor inside the very facilities where they’re held.

In other words, this isn’t just a prison expansion—it’s a taxpayer-funded machine that extracts labor from the very people it imprisons, while draining billions from the economy and undermining the industries it claims to protect in order to help corporations make a larger profit.

According to The New York Times, at least 60,000 immigrants were put to work in ICE detention centers in 2013—more than were employed by any single private employer in the country at the time. Paid as little as 13 cents an hour—or nothing at all—these civil detainees were used to prepare meals, clean facilities, and even provide services to other government institutions.

Unlike convicted criminals, these individuals are not serving sentences. Most are civil detainees awaiting immigration hearings, and roughly half are ultimately allowed to stay in the country. Yet while they await due process, they are locked up, stripped of their rights, and forced to work for pennies on the dollar—all while the government and its contractors avoid paying minimum wage and save tens of millions a year in labor costs.

This isn’t just about cutting corners. It’s a taxpayer-subsidized racket—a corporatist scheme where politically connected companies profit from government largesse, growing the very bureaucratic state that so-called fiscal conservatives once claimed to oppose.

This kind of exploitation is not limited to immigration detention.

An investigation by the Associated Press found that prisoners in the United States—many held in private or underregulated facilities—are part of a multibillion-dollar empire that supplies a hidden labor supply chain linked to hundreds of popular food brands and supply companies.

As the Associated Press reports, “The goods these prisoners produce wind up in the supply chains of a dizzying array of products found in most American kitchens, from Frosted Flakes cereal and Ball Park hot dogs to Gold Medal flour, Coca-Cola and Riceland rice. They are on the shelves of virtually every supermarket in the country, including Kroger, Target, Aldi and Whole Foods. And some goods are exported, including to countries that have had products blocked from entering the U.S. for using forced or prison labor.”

It’s no coincidence that 90 percent of people in immigration detention are held in privately run facilities. These corporations profit from every additional body behind bars—and have lobbied aggressively for the policies that keep the beds full. Their contracts often guarantee minimum occupancy levels, creating perverse incentives to detain more people, for longer periods, at the expense of justice and human rights.

The implications for Trump’s detention empire are chilling.

At a time when the administration is promising mass deportations to appease anti-immigrant hardliners, it is simultaneously constructing a parallel economy in which detained migrants can be pressed into near-free labor to satisfy the needs of industries that depend on migrant work.

What Trump is building isn’t just a prison state—it’s a forced labor regime, where confinement and exploitation go hand in hand. And it’s a high price to pay for a policy that creates more problems than it solves.

As the enforcement dragnet expands, so too does the definition of who qualifies as an enemy of the state.

Erected under the banner of law and order, this permanent infrastructure of incarceration and enforcement is being put in place now for use tomorrow—not just against violent criminals who happen to be undocumented immigrants, but against whoever the government deems undesirable.

Increasingly, not even citizenship is a safeguard against the carceral state—as one recent case involving a legal U.S. resident arrested for his political views makes chillingly clear.

The Trump administration is now pushing to review and revoke the citizenship of Americans it deems national security risks—targeting them for arrest, detention, and deportation.

Unfortunately, the government’s definition of “national security threat” is so broad, vague and unconstitutional that it could encompass anyone engaged in peaceful, nonviolent, constitutionally protected activities—including criticism of government policy or the policies of allied governments like Israel.

In Trump’s prison state, no one is beyond the government’s reach.

Just ask Mahmoud Khalil, a legal U.S. resident married to a U.S. citizen who was detained for months by ICE for daring to peacefully oppose Israel’s war efforts in Gaza. Khalil’s arrest was not based on any crime—but on his political views, which the government labeled a national security concern under a little-used statute that allows the Secretary of State to deport non-citizens for expressing views deemed contrary to U.S. foreign policy interests.

A federal judge ultimately ordered Khalil’s release, finding that the detention likely violates due process rights when coupled with First Amendment protections. As the judge warned, if such a law can be used against Khalil, “then other, similar statutes can also one day be made to apply. Not just in the removal context, as to foreign nationals. But also in the criminal context, as to everyone.”

In other words, exercising your First Amendment rights can land you in a cell—citizen or not.

Despite the Trump administration’s efforts to criminalize dissent and expand the machinery needed to enforce it, this is not a partisan expansion—it’s a structural one and it is being built to outlast any single presidency.

Look closer and you’ll see the outlines of a system built not for justice, but for mass containment and control.

This isn’t speculation. We’ve seen this trajectory before.

Critics of the post-9/11 security state—left, right, and libertarian alike—have long warned that the powers granted to fight terrorism and control immigration would eventually be turned inward, used against dissidents, protestors, and ordinary citizens.

That moment has arrived.

Power, once granted, rarely shrinks. It merely changes hands.

That’s why the Founders placed limits on federal power in the first place—because they knew that even well-meaning government programs would metastasize into tyranny if left unchecked.

Yet Trump’s most vocal supporters remain dangerously convinced they have nothing to fear from this expanding enforcement machine. But history—and the Constitution—say otherwise.

Our founders understood that unchecked government power, especially in the name of public safety, is the most dangerous threat to liberty. That’s why they enshrined rights like due process, trial by jury, and protection from unreasonable searches.

Those safeguards are now being hollowed out.

Immigration courts already operate without juries and allow indefinite detention. Civil liberties have been eroded by predictive policing, no-knock raids, and dragnet surveillance. Asset forfeiture laws allow the government to seize property without charges.

Now, with billions more in detention funding, these tactics are being scaled up and normalized for broader use.

And the public is being conditioned to accept it.

The pageantry surrounding Alligator Alcatraz isn’t just about capacity—it’s about spectacle. The prison, which was built in eight days, features more than 200 security cameras, 28,000-plus feet of barbed wire and 400 security personnel.

This is not a correctional facility. It’s a warning.

A government that rules by fear must maintain that fear.

Trump’s detention expansion—like the mass surveillance programs before it—is not about making America safe. It’s about following the blueprints for authoritarian control in order to lock down the country.

The Trump administration claims its expanding detention regime is aimed at curbing illegal immigration and violent crime. In reality, the new federal budget significantly broadens ICE’s mandate and resources, supercharges its reach through private-public surveillance partnerships, and grants it sweeping policing powers to investigate so-called domestic threats, operate pretrial detention centers, and detain individuals without formal charges under emergency powers.

These are not the tools of a free society. They are the instruments of a permanent security state.

We’re told we must trade liberty for security. But whose security, and at what cost?

With this expansion, we are moving from a nation of laws to a nation of executive decrees, predictive enforcement, and pre-crime detention. Already, courtrooms have become conveyor belts to prison, designed to serve the state, not justice.

The government’s targets may be the vulnerable today—but the infrastructure is built for everyone: Trump’s administration is laying the legal groundwork for indefinite detention of citizens and noncitizens alike.

Executive power during a declared emergency knows few bounds. And those bounds are becoming looser with every new bill, every new detention center, every new algorithm.

This is not just about building prisons. It’s about dismantling the constitutional protections that make us free.

A nation cannot remain free while operating as a security state. And a government that treats liberty as a threat will soon treat the people as enemies.

This is not a partisan warning. It is a constitutional one.

Trump’s supporters may cheer the crackdown now, but what happens when these powers are turned inward?

What happens when a future administration—left, right, or otherwise—decides that your political speech, your religious views, or your refusal to comply with a federal mandate constitutes a threat to order?

What happens when you’re arrested under suspicion, held without trial, and processed through a court system designed for speed, not fairness?

What happens when Alligator Alcatraz becomes the model for every state?

We are dangerously close to losing the constitutional guardrails that keep power in check.

The very people who once warned against Big Government—the ones who decried the surveillance state, the IRS, and federal overreach—are now cheering for the most dangerous part of it: the unchecked power to surveil, detain, and disappear citizens without full due process.

Limited government, not mass incarceration, is the backbone of liberty.

The Founders warned that the greatest threat to liberty was not a foreign enemy, but domestic power left unchecked. That’s exactly what we’re up against now. A nation cannot claim to defend freedom while building a surveillance-fueled, prison-industrial empire.

Trump’s prison state is not a defense of America. It’s the destruction of everything America was meant to defend.

We can pursue justice without abandoning the Constitution. We can secure our borders and our communities without turning every American into a suspect and building a federal gulag.

But we must act now.

History has shown us where this road leads. As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, once the machinery of tyranny is built, it rarely stays idle.

If we continue down this path, cheering on bigger prisons, broader police powers, and unchecked executive authority—if we fail to reject the dangerous notion that more prisons, more power, and fewer rights will somehow make us safer—if we fail to restore the foundational limits that protect us from government overreach before those limits are gone for good—we may wake up to find that the prisons and concentration camps the police state is building won’t just hold others.

One day, they may hold us all.

Source: https://tinyurl.com/mrx94ftu

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. 

Inalienable Rights in an Age of Tyranny: The Government Is Playing God

Posted: July 1, 2025 in Uncategorized
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“When a long train of abuses and usurpations… evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government.”—Declaration of Independence (1776)

We are now struggling to emerge from the wreckage of a constitutional republic, transformed into a kleptocracy (government by thieves), collapsing into kakistocracy (government by the worst), and enforced by a police state algogracy (rule by algorithm).

This week alone, the Trump administration is reportedly erecting protest barricades around the White House, Congress is advancing legislation that favors the wealthy, and President Trump is grandstanding at the opening of a detention center dubbed “Alligator Alcatraz.”

Against such a backdrop of government-sponsored cruelty, corruption and shameless profiteering at taxpayer expense, what, to the average American, is freedom in an age when the government plays god—determining who is worthy of rights, who qualifies as a citizen, and who can be discarded without consequence?

What are inalienable rights worth if they can be redefined, delayed, or revoked by executive order?

Frederick Douglass posed a similar challenge more than 170 years ago when he asked, “What, to the American slave, is your Fourth of July?”

His question was a searing indictment not just of slavery but of a government that proclaimed liberty while denying it to millions—a hypocrisy that persists in a system still governed by institutions more committed to power than principle.

Every branch of government—executive, legislative, and judicial—has, in one way or another, abandoned its duty to uphold the Constitution. And both parties have prioritized profit and political theater over justice and the rights of the governed.

The founders of this nation believed our rights come from God, not government. That we are born free, not made free by bureaucrats or judges. That among these rights—life, liberty, and the pursuit of happiness—none can be taken away without destroying the very idea of government by consent.

And yet that is precisely what’s happening.

We now live under a government that has become judge, jury, and executioner—writing its own laws, policing its own limits, and punishing those who object.

This is not what it means to be free.

When presidents rule by fiat, when agencies strip citizenship from naturalized Americans, when police act as both enforcers and executioners, and when courts rubber-stamp the erosion of basic protections, the distinction between a citizen and a subject begins to collapse.

What do inalienable rights mean in a country where:

  • Your citizenship can be revoked based solely on the government’s say-so?
  • Your freedom can be extinguished by surveillance, asset seizure, or indefinite detention?
  • Your property can be taken, your speech censored, and your life extinguished without due process?
  • Your life can be ended without a trial, a warning, or a second thought, because the government views you as expendable?

The answer is stark: they mean nothing—unless we defend them.

When the government—whether president, Congress, court, or local bureaucrat—claims the right to determine who does and doesn’t deserve rights, then no one is safe. Individuals become faceless numbers. Human beings become statistics. Lives become expendable. Dignity becomes disposable.

It is a slippery slope—justified in the name of national security, public safety, and the so-called greater good—that leads inevitably to totalitarianism.

Unfortunately, we have been dancing with this devil for far too long, and now, the mask has come off.

This is what authoritarianism looks like in America today.

Imagine living in a country where government agents crash through doors to arrest citizens merely for criticizing government officials. Where police stop and search you on a whim. Where carrying anything that resembles a firearm might get you arrested—or killed. Where surveillance is constant, dissent is criminalized, and loyalty is enforced through fear.

If you’re thinking this sounds like America today, you wouldn’t be far wrong.

But this scenario isn’t new. It’s the same kind of tyranny that drove American colonists to sever ties with Great Britain nearly 250 years ago.

Back then, American colonists lived under the shadow of an imperial power and an early police state that censored their speech, surveilled their movements, taxed their livelihoods, searched their homes without cause, quartered troops in their towns, and punished them for daring to demand liberty.

It was only when the colonists finally got fed up with being silenced, censored, searched, frisked, threatened, and arrested that they finally revolted against the tyrant’s fetters.

The Declaration of Independence—drafted by Thomas Jefferson and signed on July 4, 1776, by 56 men who risked everything—was their response. It was more than a list of grievances. It was a document seething with outrage over a government which had betrayed its citizens, a call to arms against a system that had ceased to represent the people and instead sought to dominate them.

Labeled traitors, these men were charged with treason, a crime punishable by death, because they believed in a radical idea: that all people are created to be free. For some, their acts of rebellion would cost them their homes and their fortunes. For others, it would be the ultimate price—their lives.

Yet even knowing the heavy price they might have to pay, these men dared to speak up. They understood that silence in the face of tyranny is complicity. So they stood together, pledging “our Lives, our Fortunes, and our sacred Honor” to the cause of freedom.

Even after they had won their independence from Great Britain, these new Americans worked to ensure that the rights they had risked their lives to secure would remain secure for future generations.

The result: our Bill of Rights, the first ten amendments to the Constitution.

The Constitution and Bill of Rights were meant to enshrine the liberties they fought for: due process, privacy, free speech, the right to bear arms, and limits on government power.

Now, nearly two and a half centuries later, those freedoms hang by a thread.

Imagine the shock and outrage these 56 men would feel were they to discover that almost 250 years later, the government they had risked their lives to create has been transformed into a militaristic police state in which exercising one’s freedoms—at a minimum, merely questioning a government agent—is often viewed as a flagrant act of defiance.

In fact, had Jefferson and his compatriots written the Declaration of Independence today, they would almost certainly be labeled extremists, placed on government watchlists, targeted by surveillance, and prosecuted as domestic threats.

Read the Declaration of Independence again, and you’ll see the grievances they laid at the feet of King George—unjust laws, militarized policing, surveillance, censorship, and the denial of due process—are the very abuses “we the people” suffer under today.

Had Jefferson written the Declaration about the American police state in 2025, it might have read like a criminal indictment of the crimes perpetrated by a government that:

Polices by fear and violence:

Surveils and represses dissent:

Strips away rights:

Concentrates unchecked power in the executive:

  • bypassing Congress with executive orders, sidelining the courts, and ruling by decree;
  • weaponizing federal agencies to suppress opposition and silence critics;
  • treating constitutional limits as optional and the presidency as a personal fiefdom.

These are not isolated abuses.

They are the logical outcomes of a government that has turned against its people.

They reveal a government that has claimed the god-like power to decide who gets rights—and who doesn’t. Who counts as a citizen—and who doesn’t. Who gets to live—and who becomes expendable.

All along the spectrum of life—from the unborn child to the elderly—the government continues to treat individuals endowed by their Creator with certain unalienable rights as if they are criminals, subhumans, or enemies of the state.

That is not freedom. It is tyranny.

And it must be called by its true name.

The truth is hard, but it must be said: the American police state has grown drunk on power, money, and its own authority.

The irony is almost too painful to articulate.

On the anniversary of the signing of the Declaration of Independence—a document that rebuked government corruption, tyranny, and injustice—we find ourselves surrounded by its modern-day equivalents.

This week’s spectacle—protest barricades, legislation to benefit the rich, and Trump’s appearance at Alligator Alcatraz, a.k.a. “Gator Gitmo”—shows how completely we have inverted the spirit of 1776.

That a president would celebrate the Fourth of July while inaugurating a modern-day internment camp—far from the reach of the courts or the Constitution—speaks volumes about the state of our nation and the extent to which those in power now glorify the very forms of tyranny the Founders once rose up against.

This is not law and order.

This is political theater, carceral cruelty, and authoritarianism in plain sight.

It is what happens when a nation that once prided itself on liberty now builds monuments to its own fear and domination.

The spectacle doesn’t end with detention camps and barricades. It extends into commerce, corruption, and self-enrichment at the highest levels of power.

President Trump is now marketing his own line of fragrances—a branding exercise so absurd it would be laughable if it weren’t a flagrant violation of the Constitution’s Emoluments Clause. His investments are booming. And all across his administration, top officials are shamelessly using public office to line their pockets, even as they push legislation to strip working-class Americans of the most basic benefits and protections, while claiming to be rooting out corruption and inefficiency.

This is not governance. This is kleptocracy—and it is happening in plain sight.

In the nearly 250 years since early Americans declared their independence from Great Britain, “we the people” have worked ourselves back under the tyrant’s thumb—only this time, the tyrant is one of our own making.

The abuses they once suffered under an imperial power haven’t disappeared. They’ve evolved.

We are being robbed blind by political grifters and corporate profiteers. We are being silenced by bureaucrats and blacklists. We are being watched by data miners and digital spies. We are being caged by militarized enforcers with no regard for the Constitution. And we are being ruled by presidents who govern not by law, but by executive decree.

Given the fact that we are a relatively young nation, it hasn’t taken very long for an authoritarian regime to creep into power.

Unfortunately, the bipartisan coup that laid siege to our nation did not happen overnight.

The architecture of oppression—surveillance, militarism, censorship, propaganda—was built slowly, brick by brick, law by law, war by war.

It snuck in under our radar, hiding behind the guise of national security, the war on drugs, the war on terror, the war on immigration, political correctness, hate crimes and a host of other official-sounding programs aimed at expanding the government’s power at the expense of individual freedoms.

The building blocks for the bleak future we’re just now getting a foretaste of—police shootings of unarmed citizens, profit-driven prisons, weapons of compliance, a wall-to-wall surveillance state, pre-crime programs, a suspect society, school-to-prison pipelines, militarized police, overcriminalization, SWAT team raids, endless wars, etc.—were put in place by government officials we trusted to look out for our best interests.

The result is an empire in decline and a citizenry under siege.

But if history teaches us anything, it’s that the power of the people—when awakened—is stronger than any empire.

For decades, the Constitution has been our shield against tyranny.

But today, it’s under siege. And now we must be the shield.

Surveillance is expanding. Peaceful dissent is being punished. Judges are being targeted. The presidency is issuing decrees and bypassing the rule of law.

Every institution meant to check power is being tested—and in some cases, broken.

This is the moment to stand in front of the Constitution and defend 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, the fight for freedom is never over. But neither is it lost—so long as we refuse to surrender, refuse to remain silent, and refuse to accept tyranny as the price of safety.

It is time to remember who we are. To reclaim the Constitution. To resist the march toward authoritarianism. And to reassert—boldly and without apology—that our rights are not up for negotiation.

Source: https://tinyurl.com/yc8n9rsj

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. 

America’s Most Lawless Agency: ICE Is the Prototype for Tyranny

Posted: June 25, 2025 in Uncategorized
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“Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”—Justice Louis D. Brandeis

While the U.S. wages war abroad—bombing Iran, escalating conflict, and staging a spectacle of power for political gain—a different kind of war is being waged here at home.

This war at home is quieter but no less destructive. The casualties are not in distant deserts or foreign cities. They are our freedoms, our communities, and the Constitution itself.

And the agents of this domestic war? Masked thugs. Unmarked vans. Raids. Roundups.

Detentions without due process. Retaliation against those who dare to question or challenge government authority. People made to disappear into bureaucratic black holes. Fear campaigns targeting immigrant communities and political dissenters alike. Surveillance weaponized to monitor and suppress lawful activity.

Packaged under the guise of national security—as all power grabs tend to be—this government-sanctioned thuggery masquerading as law-and-order is the face of the Trump Administration’s so-called war on illegal immigration.

Don’t fall for the propaganda that claims we’re being overrun by criminals or driven into the poorhouse by undocumented immigrants living off welfare.

The real threat to our way of life comes not from outside invaders, but from within: an unelected, unaccountable enforcement agency operating above the law.

President Trump insists that ICE (Immigration and Customs Enforcement) is focused on violent criminals, but the facts tell a different story (non-criminal ICE arrests have surged 800% in six months)—and that myth is precisely what enables the erosion of rights for everyone.

By painting enforcement as narrowly targeted, the administration obscures a far broader dragnet that sweeps up legal residents, naturalized citizens, and native-born Americans alike.

What begins with immigrants rarely ends there.

According to the Cato Institute, 65 percent of people taken by ICE had no convictions, and 93 percent had no violent convictions at all.

This isn’t targeted enforcement—it’s indiscriminate purging.

What ICE—an agency that increasingly resembles a modern-day Gestapo—is doing to immigrants today, it can and will do to citizens tomorrow: these are the early warning signs of a system already in motion.

The machinery is in place. The abuses are ongoing. And the constitutional safeguards we rely on are being ignored, dismantled, or bypassed entirely.

When legal residents, naturalized citizens, and native-born Americans are swept up in ICE’s raids, detained without cause, and subjected to treatment that defies every constitutional protection against government overreach, this isn’t about immigration.

It’s not about danger. It’s about power—unchecked and absolute.

This is authoritarianism by design.

Here are just a few examples of how ICE’s reach now extends far beyond a criminal class of undocumented immigrants:

This pattern of abuse is not accidental.

It reflects a deliberate strategy of fear and domination by ICE agents acting like an occupying army, intent on intimidating the population into submission while the Trump Administration redraws the boundaries of the Constitution for all within America’s borders, citizen and immigrant alike.

This is how you dismantle a constitutional republic: not in one dramatic moment, but through the steady erosion of rights, accountability, and rule of law—first for the marginalized, then for everyone.

When constitutional guarantees become conditional and oversight is systematically evaded, all Americans—regardless of status—stand vulnerable to a regime that governs by fear rather than freedom.

We’ve seen this playbook before.

It’s the same strategy used by fascist regimes to consolidate power—using fear, force, and propaganda to turn public institutions into instruments of oppression.

ICE raids often occur without warrants. Agents frequently detain individuals not charged with any crime. Homes, schools, hospitals, workplaces, and courthouses have all become targets. Agents in plain clothes swarm unsuspecting individuals, arrest them without explanation, and separate families under the pretense of national security. In many cases, masked agents refuse to identify themselves at all—creating a climate of terror where the public cannot distinguish lawful enforcement from lawless abduction.

This is not justice. It is intimidation. And it has become business as usual.

ICE has even begun deputizing local police departments to carry out these raids.

Through an expanded network of partnerships, ICE has turned routine traffic stops into pipelines for deportation. According to The Washington Post, immigrants stopped on the way to volleyball practice, picking up baby formula, or heading to job sites have been detained and, in some cases, sent to a notorious mega-prison in El Salvador.

This is what politicizing and weaponizing local police looks like.

Even members of Congress attempting to exercise constitutional oversight have been turned away from ICE facilities. As The New York Times reported, ICE now claims the authority to “deny a request or otherwise cancel” congressional visits based on vague “operational concerns”—effectively placing its operations beyond democratic scrutiny.

Beyond the high-profile arrests, the abuse runs deeper.

Julio Noriega, a 54-year-old American citizen, was snatched up off the street and detained in Chicago for 10 hours without explanation. Leonardo Garcia Venegas, a U.S.-born citizen, was detained because ICE dismissed his REAL ID as fake. Cary López Alvarado, a pregnant U.S. citizen, was handcuffed and arrested for challenging ICE agents who had followed her fiancé to work. Children, veterans, and immunocompromised individuals have all suffered under ICE’s dragnet.

These are not outliers. They are the product of a system that operates without meaningful checks.

ICE agents are rarely held accountable. Internal investigations are ineffective. Congress has abdicated oversight. Directives from the Trump administration—including those authored by Stephen Miller—have turbocharged deportations and loosened any remaining restraints.

From boots on the ground to bytes in the cloud, ICE’s unchecked power reflects a broader shift toward authoritarianism, fueled by high-tech surveillance, public indifference and minimal judicial oversight. The agency operates a sprawling digital dragnet: facial recognition, license plate readers, cellphone tracking, and partnerships with tech giants like Amazon and Palantir feed massive databases—often without warrants or oversight.

These same tools—hallmarks of a growing surveillance state—are now being quietly repurposed across other federal agencies, setting the stage for an integrated surveillance-policing regime that threatens the constitutional rights of every American.

This isn’t about safety. It’s about control.

These tools aren’t just targeting undocumented immigrants—they’re laying the digital scaffolding for a future in which everyone is watched, scored, and subject to state suspicion.

Quotas over justice. Algorithms over rights.

ICE’s operations have little to do with individualized threat assessments. What drives these raids is not public safety but bureaucratic performance. Field offices are under pressure to meet arrest quotas, creating a system that incentivizes indiscriminate sweeps over focused investigations.

As Jennie Taer writes for the NY Post:

“The Trump administration’s mandate to arrest 3,000 illegal migrants per day is forcing ICE agents to deprioritize going after dangerous criminals and targets with deportation orders, insiders warn. Instead, federal immigration officers are spending more time rounding up people off the streets… Agents are desperate to meet the White House’s high expectations, leading them to leave some dangerous criminal illegal migrants on the streets, and instead look for anyone they can get their hands on at the local Home Depot or bus stop.”

Predictive algorithms and flawed databases replace constitutional suspicion with digital hunches, turning enforcement into a numbers game and transforming communities into statistical targets.

Constitutional safeguards are being replaced by digital suspicion.

We now live in a nation where lawful dissent—especially from immigrants or those perceived as outsiders—can place someone under state suspicion. The line between investigation and persecution has been erased.

Fear needs fuel.

And ICE finds it in propaganda: just as the Gestapo used propaganda to justify its cruelty, ICE relies on the language of fear and division. When the government labels people “invaders,” “animals,” or “thugs,” it strips them of humanity—and strips us of our conscience.

This rhetoric serves to distract and divide. It normalizes abuse. And it ensures that, once targeted, no one is safe.

The construction of a new ICE mega-prison in Florida—nicknamed “Alligator Alcatraz” for its proposed moat and remote location—serves as a grotesque symbol of the Trump Administration’s mass deportation agenda: out of sight, beyond accountability, and surrounded by literal and bureaucratic barriers to due process.

And Trump’s shifting stance on industries that rely on migrant labor—one moment threatening crackdowns, the next signaling exemptions for hotels, farms, and construction—reveals what this campaign is really about: not security, but political theater.

It’s not about danger; it’s about dominance.

But the crisis isn’t just rhetorical. It’s systemic. Agents are trained to obey, not to question. Immunity shields misconduct. Whistleblowers are punished. Watchdogs are ignored. Courts too often defer to executive power.

This is not law enforcement—it is authoritarian enforcement.

And it’s not limited to immigrants. It’s creeping into every corner of American life.

When a government can detain its own citizens without due process, punish political dissent, and target individuals for what they believe or how they look, it is no longer governed by law. It is governed by fear.

The Constitution was designed to prevent this. But rights are meaningless when no one is held accountable for violating them.

That is why the solution must go beyond the ballot box.

We must dismantle the machinery of oppression that enables ICE to act as judge, jury, and jailer.

Congress must ban warrantless raids, end predictive profiling, and prohibit mass surveillance. It must enforce real oversight and revoke the legal shields that insulate abusive agents from consequences.

We must reassert the rule of law, not just through legislation, but through a cultural recommitment to constitutional values. That includes transparency, demilitarization, and equal protection for all—citizens and non-citizens alike.

This is not just a fight over immigration policy. It’s a battle for the soul of our nation.

ICE is not the exception. It is the prototype.

As I make clear in my books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State, the same blueprint is being applied across the federal landscape: to protest monitoring, dissent suppression, and data-mined predictive policing.

If we fail to dismantle the ICE model, we normalize it—and risk reproducing it everywhere else.

ICE has become the beta test—perfecting the merger of technology, policing, and executive power that could soon define American governance as a whole.

Make no mistake: when fear becomes law, freedom is the casualty.

If we don’t act soon, we may find that the Constitution is the next to be detained.

James Madison warned that “the accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.”

When ICE acts as enforcer, jailer, and judge for the president, those fears are no longer theoretical—they are the daily reality for countless people within U.S. borders.

Source: https://tinyurl.com/fc2ffn45

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.

The Real National Emergency: Endless Wars, Failing Infrastructure, and a Dying Republic

Posted: June 18, 2025 in Uncategorized
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“Every gun that is made, every warship launched, every rocket fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed.”—President Dwight D. Eisenhower (April 16, 1953)

Seventy years after President Dwight D. Eisenhower warned about the cost of a military-industrial complex, America is still stealing from its own people to fund a global empire.

In 2025 alone, the U.S. has launched airstrikes in Yemen (Operation Rough Rider), bombed Houthi-controlled ports and radar installations (killing scores of civilians), deployed greater numbers of troops and multiple aircraft carriers to the Middle East, and edged closer to direct war with Iran in support of Israel’s escalating conflict.

Each of these “new” fronts has been sold to the public as national defense. In truth, they are the latest outposts in a decades-long campaign of empire maintenance—one that lines the pockets of defense contractors while schools crumble, bridges collapse, and veterans sleep on the streets at home.

This isn’t about national defense. This is empire maintenance.

It’s about preserving a military-industrial complex that profits from endless war, global policing, and foreign occupations—while the nation’s infrastructure rots and its people are neglected.

The United States has spent much of the past half-century policing the globe, occupying other countries, and waging endless wars.

What most Americans fail to recognize is that these ongoing wars have little to do with keeping the country safe and everything to do with propping up a military-industrial complex that has its sights set on world domination.

War has become a huge money-making venture, and the U.S. government, with its vast military empire, is one of its best buyers and sellers.

America’s role in the Russia-Ukraine conflict has already cost taxpayers more than $112 billion.

And now, the price of empire is rising again.

Clearly, it’s time for the U.S. government to stop policing the globe.

The U.S. military reportedly has more than 1.3 million men and women on active duty, with more than 200,000 of them stationed overseas in nearly every country in the world.

American troops are stationed in Somalia, Iraq and Syria. In Germany, South Korea and Japan. In Saudi Arabia, Jordan and Oman. In Niger, Chad and Mali. In Turkey, the Philippines, and northern Australia.

Those numbers are likely significantly higher in keeping with the Pentagon’s policy of not fully disclosing where and how many troops are deployed for the sake of “operational security and denying the enemy any advantage.” As investigative journalist David Vine explains, “Although few Americans realize it, the United States likely has more bases in foreign lands than any other people, nation, or empire in history.”

Incredibly, America’s military forces aren’t being deployed abroad to protect our freedoms here at home. Rather, they’re being used to guard oil fields, build foreign infrastructure and protect the financial interests of the corporate elite. In fact, the United States military spends about $81 billion a year just to protect oil supplies around the world.

America’s military empire spans nearly 800 bases in 160 countries, operated at a cost of more than $156 billion annually. As Vine reports, “Even US military resorts and recreation areas in places like the Bavarian Alps and Seoul, South Korea, are bases of a kind. Worldwide, the military runs more than 170 golf courses.”

This is how a military empire occupies the globe.

For 20 years, the U.S. war machine propped up Afghanistan to the tune of trillions of dollars and thousands of lives lost. When troops left Afghanistan, the military-industrial complex simply shifted theaters—turning Yemen, Iran, and the Red Sea into new frontlines.

Each new conflict is marketed as national defense. In reality, it’s business as usual for the Pentagon’s global footprint, with American soldiers used as pawns in the government’s endless quest to control global markets, prop up foreign regimes, and secure oil, data, and strategic ports—all while being told it’s for liberty.

This is how the military-industrial complex, aided and abetted by the likes of Donald Trump, Joe Biden, Barack Obama, George W. Bush, Bill Clinton and others, continues to get rich at taxpayer expense.

Yet while the rationale may keep changing for why American military forces are policing the globe, these wars abroad aren’t making America—or the rest of the world—any safer, are certainly not making America great again, and are undeniably digging the U.S. deeper into debt.

War spending is bankrupting America.

Although the U.S. constitutes only 5% of the world’s population, America boasts almost 50% of the world’s total military expenditure, spending more on the military than the next 19 biggest spending nations combined.

In fact, the Pentagon spends more on war than all 50 states combined spend on health, education, welfare, and safety.

The American military-industrial complex has erected an empire unsurpassed in history in its breadth and scope, one dedicated to conducting perpetual warfare throughout the earth.

Since 2001, the U.S. government has spent more than $10 trillion waging its endless wars, much of it borrowed, much of it wasted, all of it paid for in blood and taxpayer dollars.

Add Yemen and the Middle East escalations of 2025, and the final bill for future wars and military exercises waged around the globe will total in the tens of trillions.

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 $32 million per hour.

In fact, the U.S. government spent more money every five seconds in Iraq than the average American earns in a year.

Talk about fiscally irresponsible: the U.S. government is spending money it doesn’t have on a military empire it can’t afford.

Even if we ended the government’s military meddling today and brought all of the troops home, it would take decades to pay down the price of these wars and get the government’s creditors off our backs.

As investigative journalist Uri Friedman puts it, for more than 15 years now, the United States has been fighting terrorism with a credit card, “essentially bankrolling the wars with debt, in the form of purchases of U.S. Treasury bonds by U.S.-based entities like pension funds and state and local governments, and by countries like China and Japan.”

War is not cheap, but it becomes outrageously costly when you factor in government incompetence, fraud, and greedy contractors. Indeed, a leading accounting firm concluded that one of the Pentagon’s largest agencies “can’t account for hundreds of millions of dollars’ worth of spending.”

Unfortunately, the outlook isn’t much better for the spending that can be tracked.

A government audit found that defense contractor Boeing has been massively overcharging taxpayers for mundane parts, resulting in tens of millions of dollars in overspending. As the report noted, the American taxpayer paid:

$71 for a metal pin that should cost just 4 cents; $644.75 for a small gear smaller than a dime that sells for $12.51: more than a 5,100 percent increase in price. $1,678.61 for another tiny part, also smaller than a dime, that could have been bought within DoD for $7.71: a 21,000 percent increase. $71.01 for a straight, thin metal pin that DoD had on hand, unused by the tens of thousands, for 4 cents: an increase of over 177,000 percent.

The fact that such price gouging has become an accepted form of corruption within the American military empire is a sad statement on how little control “we the people” have over our runaway government.

Mind you, this isn’t just corrupt behavior. It’s deadly, downright immoral behavior.

Americans have thus far allowed themselves to be spoon-fed a steady diet of pro-war propaganda that keeps them content to wave flags with patriotic fervor and less inclined to look too closely at the mounting body counts, the ruined lives, the ravaged countries, the blowback arising from ill-advised targeted-drone killings and bombing campaigns in foreign lands, or the transformation of our own homeland into a warzone.

The bombing of Yemen’s Ras Isa port by U.S. forces—killing more than 80 civilians—is just the latest example of war crimes justified as national interest.

That needs to change.

The U.S. government is not making the world any safer. It’s making the world more dangerous. It is estimated that the U.S. military drops a bomb somewhere in the world every 12 minutes. Since 9/11, the United States government has directly contributed to the deaths of around 500,000 human beings. Every one of those deaths was paid for with taxpayer funds.

With the 2025 escalation, those numbers will only rise.

The U.S. government is not making America any safer. It’s exposing American citizens to alarming levels of blowback, a CIA term referring to the unintended consequences of the U.S. government’s international activities. Chalmers Johnson, a former CIA consultant, repeatedly warned that America’s use of its military to gain power over the global economy would result in devastating blowback.

The 9/11 attacks were blowback. The Boston Marathon Bombing was blowback. The attempted Times Square bomber was blowback. The Fort Hood shooter, a major in the U.S. Army, was blowback.

The U.S. military’s ongoing drone strikes will, I fear, spur yet more blowback against the American people.

The war hawks’ militarization of America—bringing home the spoils of war (the military tanks, grenade launchers, Kevlar helmets, assault rifles, gas masks, ammunition, battering rams, night vision binoculars, etc.) and handing them over to local police, thereby turning America into a battlefield—is also blowback.

James Madison was right: “No nation could preserve its freedom in the midst of continual warfare.” As Madison explained, “Of all the enemies to public liberty war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes… known instruments for bringing the many under the domination of the few.”

We are seeing this play out before our eyes.

The government is destabilizing the economy, destroying the national infrastructure through neglect and a lack of resources, and turning taxpayer dollars into blood money with its endless wars, drone strikes and mounting death tolls.

The nation’s infrastructure is in shambles. Public schools are underfunded. Mental health care is collapsing. Basic needs like housing, transportation, and clean water go unmet. Meanwhile, government contractors drop bombs on third-world villages and call it strategy.

This isn’t just bad budgeting. It’s moral bankruptcy. A country that can’t care for its own people has no business policing the rest of the world.

Bridges collapse, water systems fail, students drown in debt, and veterans sleep on the streets—while the Pentagon builds runways in the desert and funds proxy wars no one can explain.

Clearly, our national priorities are in desperate need of overhauling.

We are funding our own collapse. The roads rot while military convoys roll. The power grid fails while the drones fly. Our national strength is being siphoned off to feed a war machine that produces nothing but death, debt, and dysfunction.

We don’t need another war. We need a resurrection of the republic.

It’s time to stop policing the world. Bring the troops home. Shut down the military bases. End the covert wars. Slash the Pentagon’s budget. The path to peace begins with a full retreat from empire.

At the height of its power, even the mighty Roman Empire could not stare down a collapsing economy and a burgeoning military. Prolonged periods of war and false economic prosperity largely led to its demise. As historian Chalmers Johnson predicts:

The fate of previous democratic empires suggests that such a conflict is unsustainable and will be resolved in one of two ways. Rome attempted to keep its empire and lost its democracy. Britain chose to remain democratic and in the process let go its empire. Intentionally or not, the people of the United States already are well embarked upon the course of non-democratic empire.

This is the “unwarranted influence, whether sought or unsought, by the military-industrial complex” that President Dwight Eisenhower warned us not to let endanger our liberties or democratic processes.

Eisenhower, who served as Supreme Commander of the Allied forces in Europe during World War II, was alarmed by the rise of the profit-driven war machine that emerged following the war—one that, in order to perpetuate itself, would have to keep waging war.

We failed to heed his warning.

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

As long as America’s politicians continue to involve us in wars that bankrupt the nation, jeopardize our servicemen and women, increase the chances of terrorism and blowback domestically, and push the nation that much closer to eventual collapse, “we the people” will find ourselves in a perpetual state of tyranny.

In the end, it’s not just the empire that falls. It’s the republic it hollowed out along the way.

Source: https://tinyurl.com/3k2jfchj

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.

Weaponizing Immigration: Trump Administration Accused of Using Deportation Powers to Punish Protesters, Chill Political Speech

Posted: June 17, 2025 in Uncategorized
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NEWARK, NJ — Warning that the Trump administration’s actions likely pose a serious threat to constitutional rights, a federal judge has temporarily blocked the government from deporting a legal U.S. resident under a little-used statute that allows the Secretary of State to deport non-citizens for expressing views deemed contrary to U.S. foreign policy interests.

Although the Supreme Court affirmed in 1945 that freedom of speech applies to all persons within the United States, including non-citizens, the Trump Administration has systematically weaponized its immigration enforcement in order to punish political dissent, targeting university students engaged in peaceful political protests for arrests, detentions and deportations. Mahmoud Khalil, a Columbia University graduate married to a U.S. citizen and father to a newborn, was arrested on March 8, 2025, by agents with the Department of Homeland Security for his vocal yet nonviolent criticism of Israel’s military actions in Gaza. In coming to Mahmoud Khalil’s defense, a legal coalition that includes The Rutherford Institute and FIRE (the Foundation for Individual Rights and Expression) warned that allowing deportation based on a government official’s disapproval of someone’s speech threatens free expression for everyone.

“Political speech—even when unpopular or controversial—is protected under the Constitution,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “If non-citizens can be jailed or deported simply for criticizing government policy, then we’re all at risk. The First Amendment protects everyone on American soil—citizen or not—but this case threatens to undermine that fundamental freedom.”

Although Mahmoud Khalil has not been accused of any vandalism or physical violence related to his protest activity at Columbia University, he was arrested and transported to an out-of-state detention center in Louisiana where he remains in ICE custody, far from his attorneys and family. In response to a Petition for Writ of Habeas Corpus, asking for Khalil’s release, the federal court granted a preliminary injunction prohibiting the government from detaining or deporting Khalil based on Secretary of State Marco Rubio’s determination that Khalil’s nonviolent protest activity would compromise a U.S. foreign policy interest—a determination which the court found likely violates due process rights when coupled with First Amendment protections. The judge warned that if such a law can be used against Khalil, “then other, similar statutes can also one day be made to apply. Not just in the removal context, as to foreign nationals. But also in the criminal context, as to everyone.” The court further invoked a chilling analogy: “Imagine…how quickly our constitutional [alarms] would rise if a local police chief were granted the power to arrest any person whose mere presence would cause potentially serious adverse consequences for the public peace.”

The court gave the Trump administration 40 hours to appeal or release Khalil from this charge. However, government lawyers did neither. Instead, the Trump administration pivoted, justifying Khalil’s ongoing detention on a second charge for allegedly failing to disclose that he was a member of certain humanitarian organizations—such as the U.N. Relief and Works Agency for Palestinian Refugees—on his 2024 application for lawful permanent residence.

Ronnie London, Conor Fitzpatrick, Will Creeley, and others at FIRE (the Foundation for Individual Rights and Expression) advanced the arguments in the Khalil v. Trump amicus brief.

The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Case History

March 20, 2025 • Deporting Non-Citizen Protesters Sets a Dangerous Precedent of Punishment and Retaliation for All Americans

Litigation: Mahmoud Khalil v. Donald Trump

New Jersey District Court

Source: https://tinyurl.com/mr24wkyc

The Spectacle of a Police State: This Is Martial Law Without a Formal Declaration of War

Posted: June 10, 2025 in Uncategorized
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Reporter: “What’s the bar for sending in the Marines?”

Trump: “The bar is what I think it is.“

In Trump’s America, the bar for martial law is no longer constitutional—it’s personal.

Indeed, if ever we needed proof that Donald Trump was an operative for the Deep State, this is it.

Despite what Trump would have us believe, the Deep State is not the vast numbers of federal employees who have been fired as part of his government purge.

Rather, the Deep State refers to the entrenched network of unelected bureaucrats, intelligence agencies, military contractors, surveillance firms, and corporate lobbyists that operate beyond the reach of democratic accountability. It is a government within a government—an intelligence-industrial complex that persists regardless of who sits in the Oval Office and whose true allegiance lies not with the Constitution but with power, profit, and control.

In other words, the Deep State doesn’t just survive presidential administrations—it recruits them. And in Trump, it has found a showman willing to turn its agenda into a public performance of raw power—militarized, theatrical, and loyal not to the Constitution, but to dominance.

What is unfolding right now in California—with hundreds of Marines deployed domestically; thousands of National Guard troops federalized; and military weapons, tactics and equipment on full display—is the latest chapter in that performance.

Trump is flexing his presidential muscles with a costly, violent, taxpayer-funded military display intended to intimidate, distract and discourage us from pulling back the curtain on the reality of the self-serving corruption, grift, graft, overreach and abuse that have become synonymous with his Administration.

Don’t be distracted. Don’t be intimidated. Don’t be sidelined by the spectacle of a police state.

As columnist Thomas Friedman predicted years ago, “Some presidents, when they get into trouble before an election, try to ‘wag the dog’ by starting a war abroad. Donald Trump seems ready to wag the dog by starting a war at home.”

This is yet another manufactured crisis fomented by the Deep State.

When Trump issues a call to “BRING IN THE TROOPS!!!” explaining to reporters that he wants to have them “everywhere,” we should all be alarmed.

This is martial law without a formal declaration of war.

This heavy-handed, chest-thumping, politicized, militarized response to what is clearly a matter for local government is yet another example of Trump’s disregard for the Constitution and the limits of his power.

Political protests are protected by the First Amendment until they cross the line from non-violent to violent. Even when protests turn violent, constitutional protocols remain for safeguarding communities: law and order must flow through local and state chains of command, not from federal muscle.

By breaking that chain of command, Trump is breaking the Constitution.

Deploying the military to deal with domestic matters that can—and should—be handled by civilian police, despite the objections of local and state leaders, crosses the line into authoritarianism.

When someone shows you who they are, believe them.

In the span of a single week, the Trump administration is providing the clearest glimpse yet of its unapologetic, uncompromising, corrupt allegiance to the authoritarian Deep State.

First came the federalization of the National Guard, deployed to California in response to protests sparked by violent and aggressive Immigration and Customs Enforcement (ICE) raids across the country. Then, just days later, the president is set to preside over a lavish, taxpayer-funded military parade in the nation’s capital.

These two events bookend the administration’s unmistakable message: dissent will be crushed, and power will be performed.

Trump governs by force (military deployment), fear (ICE raids, militarized policing), and spectacle (the parade).

This is the spectacle of a police state. One side of the coin is militarized suppression. The other is theatrical dominance. Together, they constitute the language of force and authoritarian control.

Wrapped in the rhetoric of “public safety” and “restoring order,” the federalization of California’s National Guard is not about security. It’s about signaling power.

This is the first time in over half a century that a president has forcibly deployed the National Guard against a state governor’s wishes. California Gov. Gavin Newsom’s public opposition to the deployment was met not with dialogue, but with the threat of arrest from Trump himself—a move that evokes the worst abuses of executive power.

This is more than political theater; it is a constitutional crisis in motion.

As we have warned before, this tactic is familiar.

In times of political unrest, authoritarian regimes invoke national emergencies as pretexts to impose military solutions. The result? The Constitution is suspended, civilian control is overrun, and the machinery of the state turns against its own people.

This is precisely what the Founders feared when they warned against standing armies on American soil: that one day, the military might be used not to defend the people, but to control them. Where the military marches at home, the Republic trembles.

And this is not unprecedented.

It is a textbook play from the authoritarian handbook, deployed with increasing frequency under Trump. The optics are meant to intimidate, to broadcast control, and to discourage resistance before it begins.

Fear is the Deep State’s favorite tool—it doesn’t just control the people, it conditions them to surrender voluntarily.

Thus, deploying the National Guard in this manner is not just a political maneuver—it is a strategic act of fear-based governance designed to instill terror, particularly among vulnerable communities, and ensure compliance.

As President Harry S. Truman observed, “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.”

Under Trump, the lines between a civilian democracy and a military regime continue to blur. American streets increasingly resemble war zones, where peaceful protests are met with riot gear, armored vehicles, and surveillance drones.

America is being transformed into a battlefield before our eyes.

Militarized police. Riot squads. Black uniforms. Armored vehicles. Pepper spray. Tear gas. Stun grenades. Crowd control and intimidation tactics.

From federal law enforcement to local police, from border patrol to the intelligence agencies, the guiding doctrine is the same: treat Americans as suspects first, citizens second—if at all.

This is not the language of freedom. This is not even the language of law and order.

This is the language of force.

This is what happens when the rule of law gets replaced by the rules of force: war becomes the organizing principle of domestic governance, law becomes subordinate to command, and liberty is reclassified as a liability.

The war zone mentality—where citizens are treated like insurgents to be subdued—is a hallmark of authoritarian rule.

This transformation is not accidental—it’s strategic. The government now sees the public not as constituents to be served but as potential combatants to be surveilled, managed, and subdued. In this new paradigm, dissent is treated as insurrection, and constitutional rights are treated as threats to national security.

What we are witnessing today is also part of a broader setup: an excuse to use civil unrest as a pretext for militarized overreach.

You want to turn a peaceful protest into a riot? Bring in the militarized police with their guns and black uniforms and warzone tactics and “comply or die” mindset. Ratchet up the tension across the board. Take what should be a healthy exercise in constitutional principles (free speech, assembly and protest) and turn it into a lesson in authoritarianism.

We saw signs of this strategy in Charlottesville, Virginia, where police failed to de-escalate and at times exacerbated tensions during protests that should have remained peaceful. The resulting chaos gave authorities cover to crack down—not to protect the public, but to reframe protest as provocation and dissent as disorder.

Charlottesville was the trial run—California is the main event.

Then and now, the objective wasn’t to preserve peace and protect the public. It was to delegitimize dissent and cast protest as provocation.

Yet the right to criticize the government and speak out against government wrongdoing is the quintessential freedom.

The government has become increasingly intolerant of speech that challenges its power. While all kinds of labels are now applied to “unacceptable” speech, the message is clear: Americans have no right to express themselves if what they are saying is at odds with what the government determines to be acceptable.

Where the problem arises is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

Which brings us to this present moment: there’s a pattern emerging if you pay close enough attention.

Civil discontent leads to civil unrest, which leads to protests and counterprotests. Tensions rise, violence escalates, and federal armies move in. Meanwhile, despite the protests and the outrage, the government’s abuses continue unabated.

It’s all part of an elaborate setup by the architects of the Deep State. The government wants a reason to crack down and lock down and bring in its biggest guns.

They want us divided. They want us to turn on one another. They want us powerless in the face of their artillery and armed forces. They want us silent, servile and compliant.

They certainly do not want us to remember that we have rights, much less attempt to exercise those rights peaceably and lawfully.

This is how it begins.

We are moving fast down that slippery slope to an authoritarian society in which the only opinions, ideas and speech expressed are the ones permitted by the government and its corporate cohorts.

This unilateral power to muzzle free speech represents a far greater danger than any so-called right- or left-wing extremist might pose. The ramifications are so far-reaching as to render almost every American an extremist in word, deed, thought or by association.

Watch and see: we are all about to become enemies of the state.

Today, California is being staged as the test site for the coming crackdown.

The Trump administration provokes unrest through inhumane policies—in this case, mass ICE raids—then paints the resulting protests as violent threats to national security. The answer? Deploy the military.

It’s a cynical and calculated loop: create the crisis, then respond with force. This strategy transforms protest into pretext, dissent into justification for domination.

There are disturbing echoes of history in these tactics, and they come with grave legal implications. We have seen this before.

It has been 55 years since President Nixon deployed the National Guard to put down anti-war student protests, culminating in the Kent State massacre. During the civil rights era, peaceful demonstrators were met with dogs, firehoses, and police batons. In more recent memory, federal agents cracked down on Occupy Wall Street encampments and Black Lives Matter protests with militarized force.

All of it under the guise of order.

Trump’s tactics fall squarely in that lineage.

His use of the military against civilians violates the spirit—if not the letter—of the Posse Comitatus Act, which is meant to bar federal military involvement in domestic affairs. It also raises severe constitutional questions about the infringement of First Amendment rights to protest and Fourth Amendment protections against warrantless search and seizure.

Modern tools of repression compound the threat. AI-driven surveillance, predictive policing software, biometric databases, and fusion centers have made mass control seamless and silent. The state doesn’t just respond to dissent anymore; it predicts and preempts it.

While boots are on the ground in California, preparations are underway for a military spectacle in Washington, D.C.

At first glance, a military procession might seem like a patriotic display. But in this context, it is something far darker. Trump’s parade is not a celebration of service; it is a declaration of supremacy. It is not about honoring troops; it is about reminding the populace who holds the power and who wields the guns.

This is how authoritarian regimes govern—through spectacle. North Korea, Russia, and China use grandiose military pageants to project strength and silence dissent. Mussolini marched troops as theater in carefully staged public displays to bolster fascist control. Augusto Pinochet filled Chile’s streets with tanks to intimidate critics and consolidate power. All of it designed not to honor the nation—but to dominate it.

By sandwiching a military crackdown between a domestic troop deployment and a showy parade, Trump is sending a unified message: dissent is weakness. Obedience is strength. You are being watched.

This is not about immigration. It is not about security. It is not even about protest.

This is about power. Raw, unchecked, theatrical power. And whether we, the people, will accept a government that rules not by consent, but by coercion.

The Constitution was not written to accommodate authoritarian pageantry. It was written to restrain it. It was never meant to sanctify conquest as governance.

We are at a crossroads.

Governments derive their just powers from the consent of the governed. Strip away that consent, and all that remains is conquest—through force, spectacle, and fear.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if we allow the language of fear, the spectacle of dominance, and the machinery of militarized governance to become normalized, then we are no longer citizens of a republic—we are subjects of a police state.

The only question now is: will we rise up as citizens of a constitutional republic—or bow down as subjects of an authoritarian regime?

Source: https://tinyurl.com/y3vvk783

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.

Trump’s Palantir-Powered Surveillance Is Turning America Into a Digital Prison

Posted: June 5, 2025 in Uncategorized
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“We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission.” — Ayn Rand

Call it what it is: a panopticon presidency.

President Trump’s plan to fuse government power with private surveillance tech to build a centralized, national citizen database is the final step in transforming America from a constitutional republic into a digital dictatorship armed with algorithms and powered by unaccountable, all-seeing artificial intelligence.

This isn’t about national security. It’s about control.

According to news reports, the Trump administration is quietly collaborating with Palantir Technologies—the data-mining behemoth co-founded by billionaire Peter Thiel—to construct a centralized, government-wide surveillance system that would consolidate biometric, behavioral, and geolocation data into a single, weaponized database of Americans’ private information.

This isn’t about protecting freedom. It’s about rendering freedom obsolete.

What we’re witnessing is the transformation of America into a digital prison—one where the inmates are told we’re free while every move, every word, every thought is monitored, recorded, and used to assign a “threat score” that determines our place in the new hierarchy of obedience.

This puts us one more step down the road to China’s dystopian system of social credit scores and Big Brother surveillance.

The tools enabling this all-seeing surveillance regime are not new, but under Trump’s direction, they are being fused together in unprecedented ways—with Palantir at the center of this digital dragnet.

Palantir, long criticized for its role in powering ICE (Immigration and Customs Enforcement) raids and predictive policing, is now poised to become the brain of Trump’s surveillance regime.

Under the guise of “data integration” and “public safety,” this public-private partnership would deploy AI-enhanced systems to comb through everything from facial recognition feeds and license plate readers to social media posts and cellphone metadata—cross-referencing it all to assess a person’s risk to the state.

Palantir’s software has already been used to assist ICE in locating, arresting, and deporting undocumented immigrants, often relying on vast surveillance data sets aggregated from multiple sources. In New Orleans, the company secretly partnered with local police to run a predictive policing program without public knowledge or oversight, targeting individuals flagged as likely to commit crimes based on social networks and past behaviors—not actual wrongdoing.

This isn’t speculative. It’s already happening.

Palantir’s Gotham platform, used by law enforcement and military agencies, has long been the backbone of real-time tracking and predictive analysis. Now, with Trump’s backing, it threatens to become the central nervous system of a digitally enforced authoritarianism.

As Palantir itself admits, its mission is to “augment human decision-making.” In practice, that means replacing probable cause with probability scores, courtrooms with code, and due process with data pipelines.

In this new regime, your innocence will be irrelevant. The algorithm will decide who you are.

To understand the full danger of this moment, we must trace the long arc of government surveillance—from secret intelligence programs like COINTELPRO to today’s AI-driven digital dragnet embodied by data fusion centers.

The threat posed by today’s surveillance state did not emerge overnight. The groundwork was laid decades ago through covert government programs such as COINTELPRO (Counter Intelligence Program), launched by the FBI in the 1950s and continuing through the 1970s. Its explicit mission was to “disrupt, misdirect, discredit, or otherwise neutralize” political dissidents, including civil rights leaders, Vietnam War protesters, and Black liberation groups.

Under COINTELPRO, federal agents infiltrated lawful organizations, spread misinformation, blackmailed targets, and conducted warrantless surveillance.

Though exposed and publicly condemned by Congress, the spirit of COINTELPRO never died—it merely went underground and digital.

Post-9/11 legislation like the USA PATRIOT Act provided legal cover for mass surveillance, allowing intelligence agencies to collect phone records, monitor internet activity, and build profiles on American citizens without meaningful oversight. Fusion centers, initially conceived to coordinate counterterrorism efforts, became clearinghouses for domestic spying, facilitating data-sharing between federal agencies and local police.

Today, this infrastructure has merged with the tools of Big Tech.

With Palantir and similar firms at the helm, the government can now watch more people, more closely, for more arbitrary reasons than ever before. Dissent is once again being criminalized. Free expression is being categorized as extremism. And citizens—without ever committing a crime—can be flagged, tracked, and punished by an invisible digital bureaucracy that operates with impunity.

Building on this foundation of historical abuse, the government has evolved its tactics, replacing human informants with algorithms and wiretaps with metadata, ushering in an age where pre-crime prediction is treated as prosecution.

In the age of AI, your digital footprint is enough to convict you—not in a court of law, but in the court of preemptive suspicion.

Every smartphone ping, GPS coordinate, facial scan, online purchase, and social media like becomes part of your “digital exhaust”—a breadcrumb trail of metadata that the government now uses to build behavioral profiles. The FBI calls it “open-source intelligence.” But make no mistake: this is dragnet surveillance, and it is fundamentally unconstitutional.

Already, government agencies are mining this data to generate “pattern of life” analyses, flag “radicalized” individuals, and preemptively investigate those who merely share anti-government views. Whistleblowers have revealed that the FBI has flagged individuals as potential threats based on their internet search history, social media posts, religious beliefs, or associations with activist groups.

In a growing number of cases, individuals have found themselves visited by agents simply for attending a protest, making a political post, or appearing on the “wrong” side of a digital algorithm.

This is not law enforcement. This is thought-policing by machine.

The FBI has developed detailed dossiers on individuals based not on criminal activity, but on constitutionally protected expression—flagging citizens for visiting alternative media websites, criticizing government policies, or supporting causes deemed “extreme.”

According to leaked memos and internal documents, terms like “liberty,” “sovereignty,” and even the Gadsden flag have been cited as potential indicators of domestic extremism. In one case, a peaceful protester was interrogated for merely using encrypted messaging apps. In another, churchgoers were surveilled because their religious leader spoke critically of the government.

These are the logical outcome of a system that criminalizes dissent and deputizes algorithms to do the targeting.

Nor is this entirely new.

For decades, the federal government has reportedly maintained a highly classified database known as Main Core, designed to collect and store information on Americans deemed potential threats to national security.

Investigative journalists have revealed that Main Core may contain data on millions of individuals—compiled without warrants or due process—for potential use during a national emergency. As Tim Shorrock reported for Salon, “One former intelligence official described Main Core as ‘an emergency internal security database system’ designed for use by the military in the event of a national catastrophe, a suspension of the Constitution or the imposition of martial law.”

Trump’s embrace of Palantir, and its unparalleled ability to fuse surveillance feeds, social media metadata, public records, and AI-driven predictions, marks a dangerous evolution: a modern-day resurrection of Main Core, digitized, centralized, and fully automated.

What was once covert contingency planning is now becoming active policy.

What has emerged is a surveillance model more vast than anything dreamed up by past regimes—a digital panopticon in which every citizen becomes both observed and self-regulating.

Imagine a society in which every citizen is watched constantly, and every move is logged in a government database.

Imagine a state where facial recognition cameras scan your face at protests and concerts, where your car’s location is tracked by automatic license plate readers, where your biometric data is captured by drones, and where AI programs assign you a “threat assessment” score based on your behavior, opinions, associations, and even your purchases.

This is not science fiction. This is America—now.

This is the panopticon brought to life: a circular prison designed so that inmates never know when they are being watched, and thus must behave as if they always are. Jeremy Bentham’s original vision has become the model of modern-day governance: total visibility, zero accountability.

Our every move is being monitored, our every word recorded, our every action judged and categorized—not by humans, but by machines without conscience, without compassion, and without constitutional limits.

And in this surveillance state, the people have become inventory. Lives reduced to data points. Choices reduced to algorithms. Freedom reduced to a permission slip. You are no longer the customer. You are the product.

In this new reality, we are not only watched—we are measured, categorized, and sold back to the very systems that enslave us.

We are no longer free citizens.

We are data points in a digital control grid—commodified, categorized, and exploited.

In this new digital economy, our lives have become profit centers for corporations that track, trade, and monetize our every move.

The surveillance state is powered not only by authoritarian government impulses but by a corporate ecosystem that sees no distinction between the marketplace and the public square.

We are being bought and sold, not as citizens with rights, but as consumers to be studied and shaped.

Our autonomy is being eroded by design, not by accident.

This modern surveillance state knows everything about you—where you go, what you buy, what you read, who you associate with—and it uses that information to predict your behavior, shape your preferences, and ultimately control your actions.

Your phone is tracking you.

Your car is tracking you.

Your smart TV, internet searches, and digital assistant—all of it is being harvested to feed a growing network of AI-powered surveillance.

Even your refrigerator and your doorbell are reporting on you.

Every electronic device you use, every online transaction you make, every move you make through a smart city grid, adds another data point to your profile.

This is the machinery of oppression, and it is being refined daily.

The difference between past regimes and the one being constructed now is its subtlety. Today’s totalitarianism doesn’t come with jackboots and secret police. It comes with convenience. With apps. With “national security” justifications. With the illusion of safety.

As in the dystopian world of Soylent Green, where the individual is reduced to a consumable product of the system, today’s surveillance state treats Americans not as citizens but as data points to be harvested, scored, and fed back into the machine of control.

We are no longer governed—we are managed.

It is no less dangerous—just more efficient.

The tragedy, however, is that most Americans don’t see the bars being built around them, because the architecture of tyranny is disguised as convenience and cloaked in comfort.

Most Americans are still asleep to the danger. They live in a prison masquerading as paradise, where surveillance is sold as safety, compliance is branded as patriotism, and convenience has become the currency of captivity.

We have been conditioned to love our servitude, to decorate our cells with apps and smart devices, and to mistake technological dependency for freedom.

The prison walls are invisible, the bars digital, the guards automated.

We are inmates in a high-tech prison, lulled by convenience and pacified by illusion. We carry our tracking devices in our pockets. We whisper our secrets into microphones embedded in our own devices. We voluntarily surrender our privacy to digital overlords.

Meanwhile, those who dare question this system—journalists, whistleblowers, dissidents—are silenced, surveilled, and punished. All under color of law.

Consider:

This is predictive policing turned preemptive prosecution. It is the very definition of a surveillance state.

As this technological tyranny expands, the foundational safeguards of the Constitution—those supposed bulwarks against arbitrary power—are quietly being nullified and its protections rendered meaningless.

What does the Fourth Amendment mean in a world where your entire life can be searched, sorted, and scored without a warrant? What does the First Amendment mean when expressing dissent gets you flagged as an extremist? What does the presumption of innocence mean when algorithms determine guilt?

The Constitution was written for humans—not for machine rule. It cannot compete with predictive analytics trained to bypass rights, sidestep accountability, and automate tyranny.

And that is the endgame: the automation of authoritarianism. An unblinking, AI-powered surveillance regime that renders due process obsolete and dissent fatal.

Still, it is not too late to resist—but doing so requires awareness, courage, and a willingness to confront the machinery of our own captivity.

Make no mistake: the government is not your friend in this. Neither are the corporations building this digital prison. They thrive on your data, your fear, and your silence.

To resist, we must first understand the weaponized AI tools being used against us.

We must demand transparency, enforce limits on data collection, ban predictive profiling, and dismantle the fusion centers feeding this machine.

We must treat AI surveillance with the same suspicion we once reserved for secret police. Because that is what AI-powered governance has become—secret police—only smarter, faster, and less accountable.

We must stop cooperating with our captors. Stop consenting to our own control. Stop feeding the surveillance machine with our data, our time, and our trust.

We don’t have much time.

Trump’s alliance with Palantir is a warning sign—not just of where we are, but of where we’re headed. A place where freedom is conditional, rights are revocable, and justice is decided by code.

The question is no longer whether we’re being watched—that is now a given—but whether we will meekly accept it. Will we dismantle this electronic concentration camp, or will we continue building the infrastructure of our own enslavement?

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if we trade liberty for convenience and privacy for security, we will find ourselves locked in a prison we helped build, and the bars won’t be made of steel. They will be made of data.

Source: https://tinyurl.com/4mxvwpz3

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. 

The Algocracy Agenda: How AI and the Deep State Are Digitizing Tyranny

Posted: May 29, 2025 in Uncategorized
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“If one company or small group of people manages to develop godlike digital superintelligence, they could take over the world. At least when there’s an evil dictator, that human is going to die. But for an AI, there would be no death. It would live forever. And then you’d have an immortal dictator from which we can never escape.”—Elon Musk

The Deep State is not going away. It’s just being replaced.

Replaced not by a charismatic autocrat or even a shadowy bureaucracy, but by artificial intelligence (AI)—unfeeling, unaccountable, and immortal.

As we stand on the brink of a new technological order, the machinery of power is quietly shifting into the hands of algorithms.

Under Donald Trump’s watch, that shift is being locked in for at least a generation.

Trump’s latest legislative initiative—a 10-year ban on AI regulation buried within the “One Big Beautiful Bill”—strips state and local governments of the ability to impose any guardrails on artificial intelligence until 2035.

Despite bipartisan warnings from 40 state attorneys general, the bill passed the House and awaits Senate approval. It is nothing less than a federal green light for AI to operate without oversight in every sphere of life, from law enforcement and employment to healthcare, education, and digital surveillance.

This is not innovation.

This is institutionalized automation of tyranny.

This is how, within a state of algorithmic governance, code quickly replaces constitutional law as the mechanism for control.

We are rapidly moving from a society ruled by laws and due process to one ruled by software.

Algorithmic governance refers to the use of machine learning and automated decision-making systems to carry out functions once reserved for human beings: policing, welfare eligibility, immigration vetting, job recruitment, credit scoring, and judicial risk assessments.

In this regime, the law is no longer interpreted. It is executed. Automatically. Mechanically. Without room for appeal, discretion, or human mercy.

These AI systems rely on historical data—data riddled with systemic bias and human error—to make predictions and trigger decisions. Predictive policing algorithms tell officers where to patrol and whom to stop. Facial recognition technology flags “suspects” based on photos scraped from social media. Risk assessment software assigns threat scores to citizens with no explanation, no oversight, and no redress.

These algorithms operate in black boxes, shielded by trade secrets and protected by national security exemptions. The public cannot inspect them. Courts cannot challenge them. Citizens cannot escape them.

The result? A population sorted, scored, and surveilled by machinery.

This is the practical result of the Trump administration’s deregulation agenda: AI systems given carte blanche to surveil, categorize, and criminalize the public without transparency or recourse.

And these aren’t theoretical dangers—they’re already happening.

Examples of unchecked AI and predictive policing show that precrime is already here.

Once you are scored and flagged by a machine, the outcome can be life-altering—as it was for Michael Williams, a 65-year-old man who spent nearly a year in jail for a crime he didn’t commit. Williams was behind the wheel when a passing car fired at his vehicle, killing his 25-year-old passenger, who had hitched a ride.

Despite no motive, no weapon, and no eyewitnesses, police charged Williams based on an AI-powered gunshot detection program called ShotSpotter. The system picked up a loud bang near the area and triangulated it to Williams’ vehicle. The charge was ultimately dropped for lack of evidence.

This is precrime in action. A prediction, not proof. An algorithm, not an eyewitness.

Programs like ShotSpotter are notorious for misclassifying noises like fireworks and construction as gunfire. Employees have even manually altered data to fit police narratives. And yet these systems are being combined with predictive policing software to generate risk maps, target individuals, and justify surveillance—all without transparency or accountability.

It doesn’t stop there.

AI is now flagging families for potential child neglect based on predictive models that pull data from Medicaid, mental health, jail, and housing records. These models disproportionately target poor and minority families. The algorithm assigns risk scores from 1 to 20. Families and their attorneys are never told what the scores are, or that they were used.

Imagine losing your child to the foster system because a secret algorithm said you might be a risk.

This is how AI redefines guilt.

The Trump administration’s approach to AI regulation reveals a deeper plan to deregulate democracy itself.

Rather than curbing these abuses, the Trump administration is accelerating them.

An executive order titled “Removing Barriers to American Leadership in Artificial Intelligence,” signed by President Trump in early 2025, revoked prior AI safeguards, eliminated bias audits, and instructed agencies to prioritize “innovation” over ethics. The order encourages every federal agency to adopt AI quickly, especially in areas like policing and surveillance.

Under the guise of “efficiency,” constitutional protections are being erased.

Trump’s 10-year moratorium on AI regulation is the logical next step. It dismantles the last line of defense—state-level resistance—and ensures a uniform national policy of algorithmic dominance.

The result is a system in which government no longer governs. It processes.

The federal government’s AI expansion is building a surveillance state that no human authority can restrain.

Welcome to Surveillance State 2.0, the Immortal Machine.

Over 1700 uses of AI have already been reported across federal agencies, with hundreds directly impacting safety and rights. Many agencies, including the Departments of Homeland Security, Veterans Affairs, and Health and Human Services, are deploying AI for decision-making without public input or oversight.

This is what the technocrats call an “algocracy”—rule by algorithm.

In an algocracy, unelected developers and corporate contractors hold more power over your life than elected officials.

Your health, freedom, mobility, and privacy are subject to automated scoring systems you can’t see and can’t appeal.

And unlike even the most entrenched human dictators, these systems do not die. They do not forget. They are not swayed by mercy or reason. They do not stand for re-election.

They persist.

When AI governs by prediction, due process disappears in a haze of machine logic.

The most chilling effect of this digital regime is the death of due process.

What court can you appeal to when an algorithm has labeled you a danger? What lawyer can cross-examine a predictive model? What jury can weigh the reasoning of a neural net trained on flawed data?

You are guilty because the machine says so. And the machine is never wrong.

When due process dissolves into data processing, the burden of proof flips. The presumption of innocence evaporates. Citizens are forced to prove they are not threats, not risks, not enemies.

And most of the time, they don’t even know they’ve been flagged.

This erosion of due process is not just a legal failure—it is a philosophical one, reducing individuals to data points in systems that no longer recognize their humanity.

Writer and visionary Rod Serling warned of this very outcome more than half a century ago: a world where technology, masquerading as progress under the guise of order and logic, becomes the instrument of tyranny.

That future is no longer fiction. What Serling imagined is now reality.

The time to resist is now, before freedom becomes obsolete.

To those who call the shots in the halls of government, “we the people” are merely the means to an end.

“We the people”—who think, who reason, who take a stand, who resist, who demand to be treated with dignity and care, who believe in freedom and justice for all—have become obsolete, undervalued citizens of a totalitarian state that, in the words of Serling, “has patterned itself after every dictator who has ever planted the ripping imprint of a boot on the pages of history since the beginning of time. It has refinements, technological advances, and a more sophisticated approach to the destruction of human freedom.”

In this sense, we are all Romney Wordsworth, the condemned man in Serling’s Twilight Zone episode “The Obsolete Man.”

“The Obsolete Man,” a story arc about the erasure of individual worth by a mechanized state, underscores the danger of rendering humans irrelevant in a system of cold automation and speaks to the dangers of a government that views people as expendable once they have outgrown their usefulness to the State. Yet—and here’s the kicker—this is where the government through its monstrous inhumanity also becomes obsolete.

As Serling noted in his original script for “The Obsolete Man,” “Any state, any entity, any ideology which fails to recognize the worth, the dignity, the rights of Man…that state is obsolete.”

Like Serling’s totalitarian state, our future will be defined by whether we conform to a dehumanizing machine order—or fight back before the immortal dictator becomes absolute.

We now face a fork in the road: resist the rise of the immortal dictator or submit to the reign of the machine.

This is not a battle against technology, but a battle against the unchecked, unregulated, and undemocratic use of technology to control people.

We must demand algorithmic transparency, data ownership rights, and legal recourse against automated decisions. We need a Digital Bill of Rights that guarantees:

  • The right to know how algorithms affect us.
  • The right to challenge and appeal automated decisions.
  • The right to privacy and data security.
  • The right to be free from automated surveillance and predictive policing.
  • The right to be forgotten.

Otherwise, AI becomes the ultimate enforcer of a surveillance state from which there is no escape.

As Eric Schmidt, former CEO of Google, warned: “We know where you are. We know where you’ve been. We can more or less know what you’re thinking about. Your digital identity will live forever… because there’s no delete button.”

An immortal dictator, indeed.

Let us be clear: the threat is not just to our privacy, but to democracy itself.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the time to fight back is now—before the code becomes law, and freedom becomes a memory.

Source: https://tinyurl.com/pmj64bcb

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. 

They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege

Posted: May 20, 2025 in Uncategorized
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“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear… If the Bill of Rights were to be broken down, all groups, even the most conservative, would be in danger from the arbitrary power of government.”—President Harry S. Truman (August 8, 1950)

Let us be very clear.

The Constitution is not a suggestion or a negotiating tactic. It is not optional.

Government officials do not get to pick and choose which laws they will obey.

The Constitution is the supreme law of the land: a binding contract between “we the people” of the United States and those we hire to govern. It spells out our expectations for transparency and accountability, limits the government’s authority, affirms the purpose of government as protecter of liberty and property, and reinforces that we are the masters and government agents are the servants.

Thus, any decision by a government official to suspend the rights enshrined in the Constitution should not be undertaken lightly or for political gain or expedience, nor can it be done without following the strict parameters laid out by its creators and the courts.

Bottom line: any attempt to unilaterally override any aspect of the Constitution should alarm every American, regardless of party affiliation.

Which brings us to the Trump Administration’s ongoing attempts to weaponize concerns about national security in order to wage war on the rights enshrined in the Constitution.

We have been inundated with executive orders issued by President Trump purporting to protect national security interests by gutting free speech, eroding equal rights protections, sidestepping the separation of powers, and pushing us ever closer to martial law and outright dictatorship.

Behind the façade of national security lies a more insidious threat: a permanent shadow government—the Deep State—using every “emergency” to tighten its grip and expand unchecked executive authority.

Trump’s most effective ploy to seize power has been his use of illegal immigration to stoke fear and chill dissent. He has used it as a justification to do away with due process, expand the police state, deepen military involvement in domestic policing, and intimidate the nation into compliance.

Even his bid to unilaterally end birthright citizenship for children born in the United States to undocumented immigrants is just another Trojan horse masquerading as a concern for national security.

This is not about protecting America—it’s about redefining America from the top down.

That redefinition is already underway.

The Trump Administration has floated plans to sell $5 million “gold cards” to wealthy investors as a path to citizenship and is considering a pitch for a reality show that would “pit immigrants against each other for a chance at a fast-tracked path to citizenship.”

These proposals are not just absurd—they’re obscene. They reveal a government willing to reduce constitutional rights to commodities, auctioned off to the highest bidder or trivialized for ratings.

This governing by-way-of performance turns a constitutional guarantee into a privilege for sale or spectacle. And it’s part of a calculated effort to recast citizenship as conditional, transactional, and exclusionary. Whether by wealth, loyalty, or ideology, this emerging framework decides who is “deserving” of rights—and who is not.

It is fear-based nationalism that disguises a deeper threat: the normalization of government power to decide who is entitled to rights and who is not.

We see this in action with the Trump Administration’s stance on childbirth and citizenship.

It’s a contradiction: although the Trump Administration is so concerned about falling birth rates that it is prepared to offer financial incentives for childbirth (for example, a $5,000 “baby bonus” and expanded child tax credit), it continues to demonize birthright citizenship for the one population segment that is actually having babies.

Surely the fact that migrant communities, including undocumented immigrants, not only contribute significantly to the economy and pay into Medicare, Social Security and income taxes without any guarantee of anything in return, only adds to their appeal?

Not for Trump, who is spending tens of millions of taxpayer dollars to expel immigrants who are positively contributing to the U.S. economy, while selectively welcoming others under a vastly different standard—such as family members of a South American drug cartel leader or white Afrikaners—who will have the cost of their resettlement services, and assistance with housing, jobs, and schools paid for by the American taxpayer.

Yet this brazenly hypocritical double standard is just a distraction, part of the political theater designed to pit Americans against each other while the power brokers rewrite the rules behind closed doors.

The real power play rests in the Trump Administration’s efforts to gut the Fourteenth Amendment, sidestep the courts, and redefine who qualifies as American—all by executive fiat.

Redefining citizenship by executive order is not governance. It is a bloodless coup—one that overthrows a constitutional republic founded on the rule of law—to reconfigure the face of the nation in the image of the unelected Deep State and its machinery of control.

Enacted in the wake of the Civil War, the Fourteenth Amendment was designed to ensure that all persons born on U.S. soil would be recognized as full citizens—a direct rebuke to the Supreme Court’s infamous Dred Scott decision, which held that Black Americans could not be citizens. Its language is unambiguous: all persons born or naturalized in the U.S., and subject to its jurisdiction, are citizens.

This principle was upheld by the Supreme Court in United States v. Wong Kim Ark (1898), which affirmed that children born in the U.S. to foreign nationals are entitled to citizenship under the Fourteenth Amendment.

The ruling in Wong Kim Ark came during an era of rampant anti-Chinese sentiment, reinforcing that even in times of national xenophobia, the Constitution prevailed in affirming equality under the law.

The Court’s ruling was unequivocal: the Constitution guarantees birthright citizenship to all born on American soil, regardless of parentage.

That precedent still stands.

Yet that legacy—of constitutional protections prevailing over prejudice—is now at risk.

Some have recently argued—including the Trump Administration in legal filings—that the Fourteenth Amendment was intended solely to grant citizenship to the children of former slaves after the Civil War, and thus no longer applies to children born to undocumented immigrants. But if that logic is taken seriously, it undermines the citizenship of everyone born in America.

After all, if the government—not the Constitution—gets to decide who qualifies as a citizen, then no one’s status is secure.

If your citizenship depends on government approval, your rights aren’t inalienable—they’re transitory privileges.

Likewise, this is not a return to “originalism.” It’s a retreat from constitutional rule altogether. It suggests that citizenship is not a right guaranteed by the Constitution, but a privilege bestowed by those in power.

That’s not just bad law. It’s tyranny in the making.

The notion that a sitting president can erase a constitutional guarantee with the stroke of a pen is not only absurd—it is dangerous. Such an action would be flatly unconstitutional, lacking any legal authority and in direct contradiction to more than a century of settled law.

Despite Trump’s attempts to rule by fiat and executive order, presidents cannot pick and choose which parts of the Constitution they will honor.

Yet perhaps even more concerning than Trump’s war on birthright citizenship itself is the administration’s underlying legal strategy to test the limits of judicial authority—specifically, to restrict the power of federal district courts to issue nationwide injunctions against unconstitutional actions.

You see, this is not just an immigration battle, nor is it only a challenge to the Fourteenth Amendment.

It is a calculated attempt to strip the judiciary of its ability to check executive abuse and a full-frontal assault on the role of the judiciary as a co-equal branch of government entrusted with interpreting the law and defending individual rights against majoritarian overreach.

If successful, it would mark a seismic shift in the balance of powers, subordinating the courts to the whims of the executive branch.

As James Madison wrote, the accumulation of all powers in the same hands may justly be pronounced the very definition of tyranny.

Revoking birthright citizenship would create a stateless class of people born on U.S. soil who are denied recognition by their own country. These children would be cast into legal limbo, denied the rights and protections afforded to every other citizen.

Such a move would not only be cruel—it would be profoundly un-American.

Don’t be fooled: the same unchecked power used to deny citizenship to the children of immigrants today could just as easily be turned against you to strip you of your citizenship—based on your political beliefs, religious views, or failure to toe the party line.

This is the danger the Founders warned against: a government that grants rights only to the loyal, the favored, or the compliant.

And make no mistake: what we’re witnessing is another point along the slippery slope of the effort to recast birthright citizenship—not as a right—but as a privilege, subject to political approval and ideological purity tests.

Increasingly, the government is creating a hierarchy of so-called “deserving” citizens, where access to constitutional rights is predicated on compliance, productivity, and perceived loyalty to the state. This shift toward merit-based citizenship is in direct contradiction to the ideals laid out in the Declaration of Independence, which affirms that rights are inalienable, not contingent.

We see it in efforts to strip dissenters of their legal protections, deny free speech to the unpopular, surveil certain communities more than others, and criminalize poverty, protest, or association with disfavored political movements.

In this emerging framework, being born in America is no longer enough—you must also prove your worth, your allegiance, and your compliance.

Worse still, this would set a precedent that constitutional rights can be rewritten by executive whim, paving the way for even greater erosions of liberty.

We have seen this before.

History shows how easily rights can be suspended when fear rules and power goes unchecked.

Consider the use of emergency powers to suspend habeas corpus protections, the unilateral authorization of surveillance programs that violate the Fourth Amendment, and the declaration of national emergencies to justify military deployments or detentions without trial.

These are not hypothetical scenarios.

They have occurred under multiple administrations and show how executive power, once unrestrained, expands at the expense of individual rights.

Redefining who qualifies as an American citizen is not the end of the story—it is the beginning of a slippery slope.

If the government can deny citizenship to those born on U.S. soil, what is to stop it from stripping citizenship from naturalized citizens? Or from declaring certain classes of people—based on ideology, ethnicity, or ancestry—as unworthy of constitutional protection?

What’s at stake is not merely a policy dispute—it is the foundational principle that rights cannot be granted or revoked at the pleasure of a single ruler.

If we do not hold the line here, this erosion of liberty will only accelerate.

These power grabs rarely come without a manufactured crisis.

That’s how the Deep State operates: inflame the public, declare an emergency, and then consolidate control.

Every time the people are told to trade liberty for security, we lose both.

This is a line that must not be crossed.

Birthright citizenship is more than a legal technicality. It is a cornerstone of American democracy and equality. The attempt to destroy it through executive power is a direct threat to the rule of law, the independence of the judiciary, and the future of liberty in America.

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 the government can erase one constitutional right today, it can erase another tomorrow.

This is exactly why the Founders drafted a Constitution that limits power and protects individuals—not just the popular or the powerful.

Once we allow the government to decide who is “deserving” of rights, we’ve already surrendered the rule of law. What remains is not a constitutional republic—but an empire of arbitrary rule.

Source: https://tinyurl.com/bp7fh92v

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. 

Trump Is Making America Constitutionally Literate—By Violating the Constitution

Posted: May 14, 2025 in Uncategorized
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“Donald Trump ran on a platform of relentless, thoroughgoing rejection of the Constitution itself, and its underlying principle of democratic self-government and individual rights. True, he never endorsed quartering of troops in private homes in time of peace, but aside from that there is hardly a provision of the Bill of Rights or later amendments he did not explicitly promise to override, from First Amendment freedom of the press and of religion to Fourth Amendment freedom from ‘unreasonable searches and seizures’ to Sixth Amendment right to counsel to Fourteenth Amendment birthright citizenship and Equal Protection and Fifteenth Amendment voting rights.”—Garrett Epps, law professor

If Donald Trump is remembered for anything, it may be his unintentional role in reviving public interest in the U.S. Constitution.

Indeed, few modern political figures have done more to prompt spontaneous national discussions about the Bill of Rights and constitutional limits on government power—if only because Trump tramples on them so frequently.

Through his routine disregard for due process, free speech, separation of powers, and the rule of law, President Trump has become a walking civics lesson.

From the First and Fourth Amendments to the Emoluments Clause, the Constitution has never had such regular airtime.

Ironically, this might be Trump’s greatest legacy: forcing Americans to learn what the Constitution actually says—by violating it.

Unfortunately, Trump himself remains constitutionally illiterate.

Days after issuing an executive order that openly hints at martial law, Trump made a mockery of his oath of office by confessing his complete ignorance about the Constitution on national television. When asked if he needs to uphold the Constitution of the United States as president, Trump replied, “I don’t know.”

This is the same man who appointed himself Chair of America’s 250th anniversary celebration but seems entirely unaware of what that history represents. Asked what the Declaration of Independence means, Trump called it a “declaration of unity and love.”

In reality, it’s a fiery breakup letter—a revolutionary indictment of unchecked executive power.

If Trump had been king in 1776, Jefferson might have named him in the first paragraph.

To be clear, Donald Trump is not the first president to stretch, sidestep, or outright violate constitutional limits—Democrats and Republicans alike have done so. But Trump is singular in the sheer scope, frequency, and brazenness with which he has stress-tested every clause, amendment, and founding principle of the U.S. Constitution.

His presidency has become a full-frontal assault on the rule of law.

The good news is that Trump’s constitutional ignorance has turned millions of Americans into more alert and informed citizens. In fighting off Trump’s excesses, the nation has reawakened to the rights and principles that many had taken for granted.

Consider some of the constitutional principles that Trump can be credited with bringing into the spotlight unintentionally during his time in office.

First Amendment (free speech, press, religion, protest and assembly): Trump’s repeated confrontations with the First Amendment have transformed free expression into a battleground, making it impossible to ignore the protections it guarantees. From branding the press as “the enemy of the people” and threatening to revoke media licenses to blacklisting law firms, threatening universities with funding cuts for not complying with the government’s ideological agenda, and detaining foreign students for their political views, Trump has treated constitutional protections not as guarantees, but as obstacles. Deportations and detentions based solely on political speech have shown the fragility of these freedoms when power goes unchecked. Even when Trump claims to be championing religious freedom for Christians, he skates close to violating the First Amendment’s Establishment Clause, which prohibits the government from favoring one religion over another.

Second Amendment (right to bear arms): Although often portrayed as a defender of the Second Amendment, Trump has shown an inconsistent and, at times, authoritarian approach to gun rights. He has publicly suggested confiscating firearms from individuals deemed dangerous—without prior due process—summed up in his infamous 2018 statement: “Take the guns first, go through due process second.” This disregard for constitutional procedure alarmed even staunch Second Amendment advocates. At the same time, Trump has encouraged the militarization of domestic police forces, blurring the line between civilian law enforcement and standing armies—a contradiction that cuts against the very spirit of the amendment, which was rooted in distrust of centralized power and standing militaries.

Fourth Amendment (protection against unreasonable searches and seizures): Under Trump, the Fourth Amendment’s shield against unreasonable searches and seizures has likewise become a focal point of concern. His expansion of no-knock raids, endorsement of sweeping surveillance tactics, sanctioning of police brutality and greater immunity for police misconduct, and the use of masked, plainclothes federal agents to seize demonstrators off the streets have revived conversations about privacy, unlawful searches, and the right to be secure in one’s person and property. Executive orders have embedded DHS agents in local policing. All of this under the guise of “law and order”—but without lawful justification.

Fifth & Fourteenth Amendments (due process and equal protection): Perhaps nowhere has Trump’s disregard been more dangerous than in his approach to due process and equal protection under the law. The Fifth and Fourteenth Amendments guarantee that neither citizens nor non-citizens can be deprived of liberty without fair procedures. Yet Trump’s Administration has repeatedly floated or enacted policies that sidestep due process, from the suggestion that he could suspend habeas corpus to the indefinite detention of individuals without trial, and openly questioned whether non-citizens deserve any constitutional protections at all. His immigration policies targeting lawful visa holders for dissent have pushed these rights to the edge of collapse. When asked if non-citizens deserve due process, Trump said, “I don’t know.” That chilling admission sums up his approach to the Fifth and Fourteenth Amendments: treat them as optional.

Sixth (right to a fair and speedy trial) and Eighth Amendments (protection against cruel and unusual punishment): Even the Sixth and Eighth Amendments have found new urgency. Trump has promoted indefinite pretrial detention for protesters and immigrants alike, while presiding over family separations, inhumane detention centers, and support for enhanced interrogation techniques. Trump has also doubled down on his administration’s commitment to carrying out more executions, including a push to impose the death penalty for crimes other than murder. What once seemed like settled moral and legal territory is now back up for debate.

Tenth Amendment (states’ rights): The Tenth Amendment, which preserves state sovereignty against federal overreach, has been tested by Trump’s threats to defund sanctuary cities, override state public health measures, and interfere in local policing and elections. His efforts to federalize domestic law enforcement have exposed the limits of decentralized power in the face of executive ambition.

Fourteenth Amendment (birthright citizenship): No clause has been more aggressively misunderstood by Trump than the Citizenship Clause of the Fourteenth Amendment. His push to strip citizenship from children born on U.S. soil to immigrant parents (birthright citizenship) ignores over a century of legal precedent affirming that citizenship cannot be denied by executive whim.

Article I, Section 8 (commerce and tariffs): Trump’s use of tariff authority provides another example of executive power run amok. Although the Constitution assigns Congress the power to regulate commerce with foreign nations, Trump has imposed sweeping tariffs on allies and used them as political leverage. These actions not only undermine the constitutional balance between the branches but also weaponize trade policy for political ends.

Article I, Section 9 (Emoluments Clause): Trump’s disregard for the Emoluments Clause—a safeguard against presidential profiteering—brought this obscure constitutional provision back into the public eye. By continuing to profit from his private businesses while in office, including his newly launched crypto companies, hosting foreign dignitaries at Trump-branded properties, and his reported willingness to accept extravagant gifts, such as a $400 million luxury plane from the Qatari government, he has raised urgent ethical and legal concerns about self-dealing, corruption and backdoor arrangements by which foreign and domestic governments can funnel money into Trump’s personal coffers.

Article I, Section 9 (power of the purse): Trump has also trampled on Congress’s exclusive power over federal spending, attempting to redirect funds by executive fiat rather than operating within Congress’ approved budgetary plan. Within the first months of his second term, Trump empowered Elon Musk’s Department of Government Efficiency (DOGE) to unilaterally slash government spending by reducing the federal workforce and dismantling whole programs. He has also threatened to withhold federal aid from states, cities, and universities deemed insufficiently loyal. These efforts to bypass congressional appropriations not only violate the Constitution’s clear separation of powers but set a dangerous precedent for future administrations to govern by fiscal coercion.

Article II (executive powers): At the heart of Trump’s governance is a dangerous misreading of Article II, which vests executive power in the president, to justify executive overreach and the concept of an all-powerful unitary executive. He has repeatedly claimed “total authority” over state matters, wielded executive orders like royal decrees in order to bypass Congress, and sought to bend the Department of Justice to his personal and political will. Trump’s use of executive orders—both in his first term and now again in 2025—reflects a belief in unchecked presidential power. He has declared “total authority,” fired independent watchdogs, pardoned political allies, and weaponized the DOJ. Such behavior undermines the balance of powers laid out by the framers.

Separation of Powers / Checks and Balances: This has also meant a sustained attack on the separation of powers. Trump has defied congressional subpoenas, pardoned loyalists implicated in wrongdoing, and threatened to jail political enemies. In doing so, he has tested—and often breached—the guardrails that prevent any one branch from overpowering the others.

Historical Emergency Powers and Legal Precedents: Beyond these standard constitutional provisions, Trump has also breathed new life into archaic emergency powers—tools that most Americans associate with authoritarian regimes, not a constitutional republic. His rhetoric and executive orders have invoked the Alien Enemies Act to justify rounding up, detaining and deporting undocumented immigrants without due process. He has also threatened to invoke the Insurrection Act to deploy troops domestically in order to deal with civil unrest, raising the specter of martial law cloaked in patriotic language.

In routinely violating the Constitution and crossing legal lines that were once unthinkable, Trump—who appears to have no real understanding of or regard for the Constitution—is forcing Americans to confront what the Constitution truly protects, and what it doesn’t.

So where does that leave us?

Thomas Jefferson recognized that a citizenry educated on “their rights, interests, and duties” is the only real assurance that freedom will survive. As Jefferson wrote in 1820: “I know no safe depository of the ultimate powers of our society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.”

Still, what good is a knowledgeable citizenry if their elected officials are woefully ignorant about the Constitution or willfully disregard their sworn duty to uphold and protect it?

Jefferson again has the answer: “In questions of power then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”

For starters, anyone taking public office, from the president on down, 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? Require government leaders to take a course on the Constitution—and pass a thorough examination—before being allowed to take office. And if they violate their contractual obligations to uphold and defend the Constitution, vote them out—throw them out—or impeach them.

“We the people” have the power, but we must use it, or we’ll lose it.

Trump may have contributed to this revival in constitutional awareness, but as we warn in Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State, the challenge isn’t just knowing our rights—it’s defending them, before they’re gone for good.

Source: https://tinyurl.com/454khw2x

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. 

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