“I tell you, freedom and human rights in America are doomed. The U.S. government will lead the American people in — and the West in general — into an unbearable hell and a choking life.”—Osama bin Laden (October 2001)
Ironically, during the same week that we mark the 16th anniversary of the 9/11 attacks, we find ourselves commemorating the 230th anniversary of the U.S. Constitution.
While there has been much to mourn about the loss of our freedoms in the years since 9/11, there has been very little to celebrate. Indeed, we have gone from being a nation that took great pride in serving as a model of a representative democracy to being a model of how to persuade a freedom-loving people to march in lockstep with a police state.
What began with the passage of the USA Patriot Act in the wake of the 9/11 attacks has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse.
Since then, we have been terrorized, traumatized, and tricked into a semi-permanent state of compliance. The bogeyman’s names and faces change over time, but the end result remains the same: our unquestioning acquiescence to anything the government wants to do in exchange for the phantom promise of safety and security.
All the while, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded to such an extent that what we are left with today is but a shadow of the robust document adopted more than two centuries ago. Most of the damage, however, has been inflicted upon the Bill of Rights—the first ten amendments to the Constitution—which historically served as the bulwark from government abuse.
Set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, roving VIPR raids and the like—all sanctioned by Congress, the White House, the courts and the like—a recitation of the Bill of Rights would understandably sound more like a eulogy to freedoms lost than an affirmation of rights we truly possess.
We can pretend that the Constitution, which was written to hold the government accountable, is still our governing document. However, the reality we must come to terms with is that in the America we live in today, the government does whatever it wants, freedom be damned.
Here is what it means to live under the Constitution today.
The First Amendment is supposed to protect the freedom to speak your mind, assemble and protest nonviolently without being bridled by the government. It also protects the freedom of the media, as well as the right to worship and pray without interference. In other words, Americans should not be silenced by the government. To the founders, all of America was a free speech zone.
Despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Increasingly, Americans are being arrested and charged with bogus “contempt of cop” charges such as “disrupting the peace” or “resisting arrest” for daring to film police officers engaged in harassment or abusive practices. Journalists are being prosecuted for reporting on whistleblowers. States are passing legislation to muzzle reporting on cruel and abusive corporate practices. Religious ministries are being fined for attempting to feed and house the homeless. Protesters are being tear-gassed, beaten, arrested and forced into “free speech zones.” And under the guise of “government speech,” the courts have reasoned that the government can discriminate freely against any First Amendment activity that takes place within a government forum.
The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” Essentially, this amendment was intended to give the citizenry the means to resist tyrannical government. Yet while gun ownership has been recognized by the U.S. Supreme Court as an individual citizen right, Americans remain powerless to defend themselves against SWAT team raids and government agents armed to the teeth with military weapons better suited for the battlefield. As such, this amendment has been rendered null and void.
The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” With the police increasingly training like the military, acting like the military, and posing as military forces—complete with military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a standing army on American soil.
The Fourth Amendment prohibits the government from conducting surveillance on you or touching you or invading you, unless they have some evidence that you’re up to something criminal. In other words, the Fourth Amendment ensures privacy and bodily integrity. Unfortunately, the Fourth Amendment has suffered the greatest damage in recent years and has been all but eviscerated by an unwarranted expansion of police powers that include strip searches and even anal and vaginal searches of citizens, surveillance and intrusions justified in the name of fighting terrorism, as well as the outsourcing of otherwise illegal activities to private contractors.
The Fifth Amendment and the Sixth Amendment work in tandem. These amendments supposedly ensure that you are innocent until proven guilty, and government authorities cannot deprive you of your life, your liberty or your property without the right to an attorney and a fair trial before a civilian judge. However, in the new suspect society in which we live, where surveillance is the norm, these fundamental principles have been upended. Certainly, if the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights.
The Seventh Amendment guarantees citizens the right to a jury trial. Yet when the populace has no idea of what’s in the Constitution—civic education has virtually disappeared from most school curriculums—that inevitably translates to an ignorant jury incapable of distinguishing justice and the law from their own preconceived notions and fears. However, as a growing number of citizens are coming to realize, the power of the jury to nullify the government’s actions—and thereby help balance the scales of justice—is not to be underestimated. Jury nullification reminds the government that “we the people” retain the power to ultimately determine what laws are just.
The Eighth Amendment is similar to the Sixth in that it is supposed to protect the rights of the accused and forbid the use of cruel and unusual punishment. However, the Supreme Court’s determination that what constitutes “cruel and unusual” should be dependent on the “evolving standards of decency that mark the progress of a maturing society” leaves us with little protection in the face of a society lacking in morals altogether.
The Ninth Amendment provides that other rights not enumerated in the Constitution are nonetheless retained by the people. Popular sovereignty—the belief that the power to govern flows upward from the people rather than downward from the rulers—is clearly evident in this amendment. However, it has since been turned on its head by a centralized federal government that sees itself as supreme and which continues to pass more and more laws that restrict our freedoms under the pretext that it has an “important government interest” in doing so.
As for the Tenth Amendment’s reminder that the people and the states retain every authority that is not otherwise mentioned in the Constitution, that assurance of a system of government in which power is divided among local, state and national entities has long since been rendered moot by the centralized Washington, DC, power elite—the president, Congress and the courts. Indeed, the federal governmental bureaucracy has grown so large that it has made local and state legislatures relatively irrelevant. Through its many agencies and regulations, the federal government has stripped states of the right to regulate countless issues that were originally governed at the local level.
If there is any sense to be made from this recitation of freedoms lost, it is simply this: our individual freedoms have been eviscerated so that the government’s powers could be expanded.
Yet those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. It is there to protect, defend and even enhance our freedoms, not violate them.
It was no idle happenstance that the Constitution opens with these three powerful words: “We the people.” As the Preamble proclaims:
We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America.
In other words, we have the power to make and break the government. We are the masters and they are the servants. We the American people—the citizenry—are the arbiters and ultimate guardians of America’s welfare, defense, liberty, laws and prosperity.
Still, it’s hard to be a good citizen if you don’t know anything about your rights or how the government is supposed to operate.
As the National Review rightly asks, “How can Americans possibly make intelligent and informed political choices if they don’t understand the fundamental structure of their government? American citizens have the right to self-government, but it seems that we increasingly lack the capacity for it.”
Americans are constitutionally illiterate.
Most citizens have little, if any, knowledge about their basic rights. And our educational system does a poor job of teaching the basic freedoms guaranteed in the Constitution and the Bill of Rights. For instance, when Newsweek asked 1,000 adult U.S. citizens to take America’s official citizenship test, 44% were unable to define the Bill of Rights.
A survey by the Annenberg Public Policy Center found that a little more than one-third of respondents (36 percent) could name all three branches of the U.S. government, while another one-third (35 percent) could not name a single one. Only a quarter of Americans (27 percent) know it takes a two-thirds vote of the House and Senate to override a presidential veto. One in five Americans (21 percent) incorrectly thinks that a 5-4 Supreme Court decision is sent back to Congress for reconsideration. And more than half of Americans do not know which party controls the House and Senate.
A 2006 survey by the McCormick Tribune Freedom Museum found that only one out of a thousand adults could identify the five rights protected by the First Amendment. On the other hand, more than half (52%) of the respondents could name at least two of the characters in the animated Simpsons television family, and 20% could name all five. And although half could name none of the freedoms in the First Amendment, a majority (54%) could name at least one of the three judges on the TV program American Idol, 41% could name two and one-fourth could name all three.
It gets worse.
Many who responded to the survey had a strange conception of what was in the First Amendment. For example, 21% said the “right to own a pet” was listed someplace between “Congress shall make no law” and “redress of grievances.” Some 17% said that the First Amendment contained the “right to drive a car,” and 38% believed that “taking the Fifth” was part of the First Amendment.
Teachers and school administrators do not fare much better. A study conducted by the Center for Survey Research and Analysis found that one educator in five was unable to name any of the freedoms in the First Amendment.
In fact, while some educators want students to learn about freedom, they do not necessarily want them to exercise their freedoms in school. As the researchers conclude, “Most educators think that students already have enough freedom, and that restrictions on freedom in the school are necessary. Many support filtering the Internet, censoring T-shirts, disallowing student distribution of political or religious material, and conducting prior review of school newspapers.”
Government leaders and politicians are also ill-informed. Although they take an oath to uphold, support and defend the Constitution against “enemies foreign and domestic,” their lack of education about our fundamental rights often causes them to be enemies of the Bill of Rights.
So what’s the solution?
Thomas Jefferson recognized that a citizenry educated on “their rights, interests, and duties” is the only real assurance that freedom will survive.
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.”
From the President on down, anyone taking public office should have a working knowledge of the Constitution and the Bill of Rights and should be held accountable for upholding their precepts. One way to ensure this would be to require government leaders to take a course on the Constitution and pass a thorough examination thereof before being allowed to take office.
Some critics are advocating that students pass the United States citizenship exam in order to graduate from high school. Others recommend that it must be a prerequisite for attending college. I’d go so far as to argue that students should have to pass the citizenship exam before graduating from grade school.
Here’s an idea to get educated and take a stand for freedom: anyone who signs up to become a member of The Rutherford Institute gets a wallet-sized Bill of Rights card and a Know Your Rights card.
If this constitutional illiteracy is not remedied and soon, freedom in America will be doomed.
As I make clear in my book Battlefield America: The War on the American People, we have managed to keep the wolf at bay so far. Barely.
Our national priorities need to be re-prioritized. For instance, Donald Trump wants to make America great again. I, for one, would prefer to make America free again.
As actor-turned-activist Richard Dreyfuss warned:
“Unless we teach the ideas that make America a miracle of government, it will go away in your kids’ lifetimes, and we will be a fable. You have to find the time and creativity to teach it in schools, and if you don’t, you will lose it. You will lose it to the darkness, and what this country represents is a tiny twinkle of light in a history of oppression and darkness and cruelty. If it lasts for more than our lifetime, for more than our kids’ lifetime, it is only because we put some effort into teaching what it is, the ideas of America: the idea of opportunity, mobility, freedom of thought, freedom of assembly.”
WC: 2481
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.
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John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.
John W. Whitehead, Constitutional Attorney 
A Crisis in the Making: Know Your Rights or You Will Lose Them
Posted: December 11, 2018 in CommentaryTags: Constitution, constitutional illiteracy, police state
We are approaching critical mass, the point at which all hell breaks loose.
The government is pushing us ever closer to a constitutional crisis.
What makes the outlook so much bleaker is the utter ignorance of the American people—and those who represent them—about their freedoms, history, and how the government is supposed to operate.
As Morris Berman points out in his book Dark Ages America, “70 percent of American adults cannot name their senators or congressmen; more than half don’t know the actual number of senators, and nearly a quarter cannot name a single right guaranteed by the First Amendment. Sixty-three percent cannot name the three branches of government. Other studies reveal that uninformed or undecided voters often vote for the candidate whose name and packaging (e.g., logo) are the most powerful; color is apparently a major factor in their decision.”
More than government corruption and ineptitude, police brutality, terrorism, gun violence, drugs, illegal immigration or any other so-called “danger” that threatens our nation, civic illiteracy may be what finally pushes us over the edge.
As Thomas Jefferson warned, no nation can be both ignorant and free.
Unfortunately, the American people have existed in a technology-laden, entertainment-fueled, perpetual state of cluelessness for so long that civic illiteracy has become the new normal for the citizenry.
It’s telling that Americans were more able to identify Michael Jackson as the composer of a number of songs than to know that the Bill of Rights was the first 10 amendments to the U.S. Constitution.
In fact, most immigrants who aspire to become citizens know more about national civics than native-born Americans. Surveys indicate that half of native-born Americans couldn’t correctly answer 70% of the civics questions on the U.S. Citizenship test.
Not even the government bureaucrats who are supposed to represent us know much about civics, American history and geography, or the Constitution although they take an oath to uphold, support and defend the Constitution against “enemies foreign and domestic.”
For instance, a couple attempting to get a marriage license was recently forced to prove to a government official that New Mexico is, in fact, one of the 50 states and not a foreign country.
You can’t make this stuff up.
Here’s a classic example of how surreal the landscape has become.
Just in time for Bill of Rights Day on December 15, President Trump issued a proclamation affirming the importance of the Bill of Rights in guarding against government abuses of power.
“The Founding Fathers understood the real threat government can pose to the rights of the people… That is why those first 10 Amendments to the Constitution, among others, protected the right to speak freely, the right to freely worship, the right to keep and bear arms, the right to be free from unreasonable searches and seizures, and the right to due process of law. As a part of the Constitution, the supreme law of the land, the Bill of Rights has protected our rights effectively against the abuse of government power for 227 years… Since there will always be a temptation for government to abuse its power, we reaffirm our commitment to defend the Bill of Rights and uphold the Constitution.”
Don’t believe it for a second.
The government doesn’t want its abuses checked and it certainly doesn’t want its powers restricted.
For that matter, this is not a president who holds the Constitution in high esteem.
After all, Trump routinely rails against the rights enshrined in the first ten amendments to the Constitution, decrying the free speech rights of protesters, denouncing the media (which enjoys freedom of the press) as the enemy of the people, supporting government efforts to seize private property through asset forfeiture and eminent domain, refusing to denounce the use of internment camps to detain American citizens, sneering at due process, and encouraging police officers to use excessive force against suspects.
As law professor Garrett Epps notes:
“Donald Trump ran on a platform of relentless, thoroughgoing rejection of the Constitution itself, and its underlying principle of democratic self-government and individual rights. True, he never endorsed quartering of troops in private homes in time of peace, but aside from that there is hardly a provision of the Bill of Rights or later amendments he did not explicitly promise to override, from First Amendment freedom of the press and of religion to Fourth Amendment freedom from ‘unreasonable searches and seizures’ to Sixth Amendment right to counsel to Fourteenth Amendment birthright citizenship and Equal Protection and Fifteenth Amendment voting rights.”
To be fair, it’s not all Trump’s fault.
Indeed, we wouldn’t be in this sorry state if it weren’t for Presidents Barack Obama and George W. Bush and the damage their administrations inflicted on the freedoms enshrined in the Bill of Rights, which historically served as the bulwark from government abuse.
In the so-called named of national security, since 9/11, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded to such an extent that what we are left with is but a shadow of the robust document adopted more than two centuries ago.
The Bill of Rights—462 words that represent the most potent and powerful rights ever guaranteed to a group of people officially—became part of the U.S. Constitution on December 15, 1791, because early Americans such as James Madison and Thomas Jefferson understood the need to guard against the government’s inclination to abuse its power.
Yet the reality we must come to terms with is that in the America we live in today, the government does whatever it wants.
Make no mistake: if our individual freedoms have been restricted, it is only so that the government’s powers could be expanded at our expense.
The USA Patriot Act, passed in the wake of the 9/11 attacks, drove a stake through the heart of the Bill of Rights, violating at least six of the ten original amendments—the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments—and possibly the Thirteenth and Fourteenth Amendments, as well. The Patriot Act also redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations and civil disobedience were considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.
Since 9/11, we’ve been spied on by surveillance cameras, eavesdropped on by government agents, had our belongings searched, our phones tapped, our mail opened, our email monitored, our opinions questioned, our purchases scrutinized (under the USA Patriot Act, banks are required to analyze your transactions for any patterns that raise suspicion and to see if you are connected to any objectionable people), and our activities watched.
We’ve also been subjected to invasive patdowns and whole-body scans of our persons and seizures of our electronic devices in the nation’s airports and at border crossings. We can’t even purchase certain cold medicine at the pharmacy anymore without it being reported to the government and our names being placed on a watch list.
Government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches (all sanctioned by Congress, the White House, the courts and the like), etc.: these are merely the weapons of the police state.
The power of the police state is dependent on a populace that meekly obeys without question.
Remember: when it comes to the staggering loss of civil liberties, the Constitution hasn’t changed. Rather, it is the American people who have changed.
Those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. The government’s purpose is to protect, defend and even enhance our freedoms, not violate them.
It was no idle happenstance that the Constitution opens with these three powerful words: “We the people.” Those who founded this country knew quite well that every citizen must remain vigilant or freedom would be lost. As Thomas Paine recognized, “It is the responsibility of the patriot to protect his country from its government.”
You have no rights unless you exercise them.
Still, you can’t exercise your rights unless you know what those rights are.
“If Americans do not understand the Constitution and the institutions and processes through which we are governed, we cannot rationally evaluate important legislation and the efforts of our elected officials, nor can we preserve the national unity necessary to meaningfully confront the multiple problems we face today,” warns the Brennan Center in its Civic Literacy Report Card. “Rather, every act of government will be measured only by its individual value or cost, without concern for its larger impact. More and more we will ‘want what we want, and [will be] convinced that the system that is stopping us is wrong, flawed, broken or outmoded.’”
Education precedes action.
As the Brennan Center concludes “America, unlike most of the world’s nations, is not a country defined by blood or belief. America is an idea, or a set of ideas, about freedom and opportunity. It is these ideas that bind us together as Americans and have kept us free, strong, and prosperous. But these ideas do not perpetuate themselves. They must be taught and learned anew with each generation.”
There is a movement underway to require that all public-school students pass the civics portion of the U.S. naturalization test—100 basic facts about U.S. history and civics—before receiving their high-school diploma, and that’s a start.
Mind you, it’s only the first of many steps.
If there is to be any hope for restoring our freedoms and reclaiming our runaway government, we will have to start by breathing life into those three powerful words that set the tone for everything that follows in the Constitution: “we the people.”
People get the government they deserve.
As David Fouse writes for National Review, “A government by the people, for the people, and of the people is only as wise, as just, and as free as the people themselves.”
It’s up to us.
We have the power to make and break the government.
We the American people—the citizenry—are the arbiters and ultimate guardians of America’s welfare, defense, liberty, laws and prosperity.
It’s time to stop waiting patiently for change to happen. Do more than grouse and complain.
We must act—and act responsibly.
Get outraged, get off your duff and get out of your house, get in the streets, get in people’s faces, get down to your local city council, get over to your local school board, get your thoughts down on paper, get your objections plastered on protest signs, get your neighbors, friends and family to join their voices to yours, get your representatives to pay attention to your grievances, get your kids to know their rights, get your local police to march in lockstep with the Constitution, get your media to act as watchdogs for the people and not lapdogs for the corporate state, get your act together, and get your house in order.
In other words, get moving.
A healthy, representative government is hard work. It takes a citizenry that is informed about the issues, educated about how the government operates, and willing to make the sacrifices necessary to stay involved, whether that means forgoing Monday night football in order to attend a city council meeting or risking arrest by picketing in front of a politician’s office.
Don’t wait for things to get as bad as they are in France, where civil unrest over a government proposal to raise taxes on gas has turned into violent clashes between protesters and the police.
Whatever you do, please don’t hinge your freedoms on politics.
No election will ever truly alleviate the suffering of the American people.
No matter which party controls Congress or the White House, the government as we have come to know it—corrupt, bloated and controlled by big-money corporations, lobbyists and special interest groups—remains largely unchanged. And “we the people”—overtaxed, overpoliced, overburdened by big government, underrepresented by those who should speak for us and blissfully ignorant of the prison walls closing in on us—continue to trudge along a path of misery.
Remember what Noam Chomsky had to say about politics? “It is important to bear in mind that political campaigns are designed by the same people who sell toothpaste and cars.”
In other words, as I make clear in my book Battlefield America: The War on the American People, we’re being sold a carefully crafted product by a monied elite who are masters in the art of making the public believe that they need exactly what is being sold to them, whether it’s the latest high-tech gadget, the hottest toy, or the most charismatic politician.
It’s just another Blue Pill, a manufactured reality conjured up by the matrix in order to keep the populace compliant and convinced that their vote counts and that they still have some influence over the political process.
Don’t buy any of it.
The Constitution is neutral when it comes to politics. What the Constitution is not neutral about, however, is the government’s duty to safeguard the rights of the citizenry.
“We the people” also have a duty that goes far beyond the act of voting: it’s our job to keep freedom alive using every nonviolent means available to us.
As Martin Luther King Jr. recognized in a speech delivered on December 5, 1955, just four days after Rosa Parks was arrested for refusing to relinquish her seat on a Montgomery city bus: “Democracy transformed from thin paper to thick action is the greatest form of government on earth.”
Know your rights. Exercise your rights. Defend your rights. If not, you will lose them.
WC: 2311
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.
Publication Guidelines / Reprint Permission
John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.