Step away from the blinders that partisan politics uses to distract, divide and conquer, and you will find that we are drowning in a cesspool of problems that individually and collectively threaten our lives, liberties, prosperity and happiness.
These are not problems the politicians want to talk about, let alone address, yet we cannot afford to ignore them much longer.
Corporate and governmental censorship have created digital dictators. While the “Twitter files” revealed the lengths to which the FBI has gone to monitor and censor social media content, the government has been colluding with the tech sector for some time now in order to silence its critics and target “dangerous” speech in the name of fighting so-called disinformation. The threat of being labelled “disinformation” is being used to undermine anyone who asks questions, challenges the status quo, and engages in critical thinking.
Middle- and lower-income Americans are barely keeping up.Rising costs of housing, food, gas and other necessities are presenting nearly insurmountable hurdles towards financial independence for the majority of households who are scrambling to make ends meet. Meanwhile, mounting layoffs in the tens of thousands are adding to the fiscal pain.
The military’s global occupation is spreading our resources thin and endangering us at home. America’s war spending and commitment to policing the rest of the world are bankrupting the nation and spreading our troops dangerously thin. In 2022 alone, the U.S. approved more than $50 billion in aid for Ukraine, half of which went towards military spending, with more on the way. The U.S. also maintains some 750 military bases in 80 countries around the world.
Deepfakes, AI and virtual reality are blurring the line between reality and a computer-generated illusion. Powered by AI software, deepfake audio and video move us into an age where it is almost impossible to discern what is real, especially as it relates to truth and disinformation. At the same time, the technology sector continues to use virtual reality to develop a digital universe—the metaverse—that is envisioned as being the next step in our evolutionary transformation from a human-driven society to a technological one.
Advances in technology are outstripping our ability to protect ourselves from its menacing side, both in times of rights, humanity and workforce. In the absence of constitutional protections in place to guard against encroachments on our rights in the electronic realm, we desperately need an Electronic Bill of Rights that protects “we the people” from predatory surveillance and data-mining business practices.
The courts have aligned themselves with the police state. In one ruling after another, the courts have used the doctrine of qualified immunity to shield police officers from accountability for misconduct, tacitly giving them a green light to act as judge, jury and executioner on the populace. All the while, police violence, the result of training that emphasizes brute force over constitutional restraints, continues to endanger the public.
The nation’s dependence on foreign imports has fueled a $1 trillion trade deficit. While analysts have pointed to the burgeoning trade deficit as a sign that the U.S. economy is growing, it underscores the extent to which very little is actually made in America anymore.
World governments, including the U.S., continue to use national crises such as COVID-19 to expand their emergency powers. None are willing to relinquish these powers when the crisis passes. According to the Brennan Center for Justice, the U.S. government still has 42 declared national emergencies in effect, allowing it to sidestep constitutional protocols that maintain a system of checks and balances. For instance, the emergency declared after the 9/11 has yet to be withdrawn.
The nation’s infrastructure is rapidly falling apart. Many of the country’s roads, bridges, airports, dams, levees and water systems are woefully outdated and in dire need of overhauling, and have fallen behind that of other developed countries in recent years. The American Society of Civil Engineers estimates that crumbling infrastructure costs every American household $3,300 in hidden costs a year due to lost time, increased fuel consumption while sitting in traffic jams, and extra car repairs due to poor road conditions.
The nation is about to hit a healthcare crisis. Despite the fact that the U.S. spends more on health care than any other high-income country, it has the worst health outcomes than its peer nations. Experts are also predicting a collapse in the U.S. health care system as the medical community deals with growing staff shortages and shuttered facilities.
These are just a small sampling of the many looming problems that threaten to overwhelm us in the near future.
Thus far, Americans seem inclined to just switch the channel, tune out what they don’t want to hear, and tune into their own personal echo chambers.
Yet as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, no amount of escapism can shield us from the harsh reality that the danger in our midst is posed by an entrenched government bureaucracy that has no regard for the Constitution, Congress, the courts or the citizenry.
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.
How do you trust a government that continuously sidesteps the Constitution and undermines our rights? You can’t.
When you consider all the ways “we the people” are being bullied, beaten, bamboozled, targeted, tracked, repressed, robbed, impoverished, imprisoned and killed by the government, one can only conclude that you shouldn’t trust the government with your privacy, your property, your life, or your freedoms.
Consider for yourself.
Don’t trust the government with your privacy, digital or otherwise. In the two decades since 9/11, the military-security industrial complex has operated under a permanent state of emergency that, in turn, has given rise to a digital prison that grows more confining and inescapable by the day. Wall-to wall surveillance, monitored by AI software and fed to a growing network of fusion centers, render the twin concepts of privacy and anonymity almost void. By conspiring with corporations, the Department of Homeland Security “fueled a massive influx of money into surveillance and policing in our cities, under a banner of emergency response and counterterrorism.” For instance, all across the country, police are installing Flock Safety license plate readers as part of a public-private partnership program between police and the surveillance industry. These cameras, which upload data in real time to fusion crime centers, signal a turning point in the transition from a police state to a police-driven surveillance state.
Don’t trust the government with your property. In yet another effort to legitimize warrantless searches, police are employing “hit-and-hold” tactics in which police enter a home, carry out an initial sweep of the property, handcuff the occupants, then wait for official search warrants to be secured and applied retroactively. In the meantime, police have managed to bypass the Fourth Amendment. The rationale, to prevent possible destruction of evidence, is the same one used to deadly effect with no-knock raids. If government agents can invade your home, break down your doors, kill your dog, damage your furnishings and terrorize your family, your property is no longer private and secure—it belongs to the government. Hard-working Americans are having their bank accounts, homes, cars electronics and cash seized by police under the assumption that they have allegedly been associated with some criminal scheme.
Don’t trust the government with your finances. The U.S. government—and that includes the current administration—is spending money it doesn’t have on programs it can’t afford, and “we the taxpayers” are being forced to foot the bill for the government’s fiscal insanity. The national debt is $31.3 trillion and growing, and we’re paying more than $300 billion in interest every year on that public debt, yet there seems to be no end in sight when it comes to the government’s fiscal insanity. According to Forbes, Congress has raised, extended or revised the definition of the debt limit 78 times since 1960 in order to allow the government to essentially fund its existence with a credit card.
Don’t trust the government with your health. For all intents and purposes, “we the people” have become lab rats in the government’s secret experiments, which include MKULTRA and the U.S. military’s secret race-based testing of mustard gas on more than 60,000 enlisted men. Indeed, you don’t have to dig very deep or go very back in the nation’s history to uncover numerous cases in which the government deliberately conducted secret experiments on an unsuspecting populace—citizens and noncitizens alike—making healthy people sick by spraying them with chemicals, injecting them with infectious diseases and exposing them to airborne toxins. Unfortunately, the public has become so easily distracted by the political spectacle out of Washington, DC, that they are altogether oblivious to the grisly experiments, barbaric behavior and inhumane conditions that have become synonymous with the U.S. government, which has meted out untold horrors against humans and animals alike.
Don’t trust the government with your life: At a time when growing numbers of unarmed people have been shot and killed for just standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety, even the most benign encounters with police can have fatal consequences. The number of Americans killed by police continues to grow, with the majority of those killed as a result of police encounters having been suspected of a non-violent offense or no crime at all, or during a traffic violation. According a report by Mapping Police Violence, police killed more people in 2022 than any other year within the past decade. In 98% of those killings, police were not charged with a crime.
Don’t trust the government with your freedoms. For years now, the government has been playing a cat-and-mouse game with the American people, letting us enjoy just enough freedom to think we are free but not enough to actually allow us to live as a free people. Freedom no longer means what it once did. This holds true whether you’re talking about the right to criticize the government in word or deed, the right to be free from government surveillance, the right to not have your person or your property subjected to warrantless searches by government agents, the right to due process, the right to be safe from militarized police invading your home, the right to be innocent until proven guilty and every other right that once reinforced the founders’ belief that this would be “a government of the people, by the people and for the people.” On paper, we may be technically free, but in reality, we are only as free as a government official may allow.
Whatever else it may be—a danger, a menace, a threat—the U.S. government is certainly not looking out for our best interests, nor is it in any way a friend to freedom.
Remember the purpose of a good government is to protect the lives and liberties of its people.
Unfortunately, what we have been saddled with is, in almost every regard, the exact opposite of an institution dedicated to protecting the lives and liberties of its people.
As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, “we the people” should have learned early on that a government that repeatedly lies, cheats, steals, spies, kills, maims, enslaves, breaks the laws, overreaches its authority, and abuses its power at almost every turn can’t be trusted.
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.
“There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.”—Montesquieu, Enlightenment philosopher
For those wondering what to expect from the government in 2023, it looks like we’re going to be in for more of the same in terms of the government’s brand of madness, mayhem, corruption and brutality.
Digital prisons. Unceasingly, the government and its corporate partners are pushing for a national digital ID system. Local police agencies have already been given access to facial recognition software and databases containing 20 billion images, the precursor to a digital ID. Eventually, a digital ID will be required to gain access to all aspects of life: government, work, travel, healthcare, financial services, shopping, etc. Before long, biometrics (iris scans, face print, voice, DNA, etc.), will become the de facto digital ID.
Precrime. Under the pretext of helping overwhelmed government agencies work more efficiently, AI predictive and surveillance technologies are being used to classify, segregate and flag the populace with little concern for privacy rights or due process. All of this sorting, sifting and calculating is being done swiftly, secretly and incessantly with the help of AI technology and a surveillance state that monitors your every move. AI predictive tools are being deployed in almost every area of life.
Mandatory quarantines. Building on precedents established during the COVID-19 pandemic, government agents may be empowered to indefinitely detain anyone they suspect of posing a medical risk to others without providing an explanation, subject them to medical tests without their consent, and carry out such detentions and quarantines without any kind of due process or judicial review.
Mental health assessments by non-medical personnel. As a result of a nationwide push to train a broad spectrum of so-called gatekeepers in mental health first-aid training, more Americans are going to run the risk of being reported by non-medical personnel and detained for having mental health issues.
Tracking chips for citizens. Momentum is building for corporations and the government alike to be able to track the populace, whether through the use of RFID chips embedded in a national ID card, microscopic chips embedded in one’s skin, or tags in retail products.
Military involvement domestically. The future, according to a Pentagon training video, will be militaristic, dystopian and far from friendly to freedom. Indeed, all signs point to the battlefield of the future being the American home front. Anticipating this, the government plans to have the military work in conjunction with local police to quell civil unrest domestically.
Government censorship of anything it classifies as disinformation. In the government’s ongoing assault on those who criticize the government—whether that criticism manifests itself in word, deed or thought—government and corporate censors claiming to protect us from dangerous, disinformation campaigns are, in fact, laying the groundwork now to preempt any “dangerous” ideas that might challenge the power elite’s stranglehold over our lives.
Threat assessments. The government has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state. Before long, every household in America will be flagged as a threat and assigned a threat score. It’s just a matter of time before you find yourself wrongly accused, investigated and confronted by police based on a data-driven algorithm or risk assessment culled together by a computer program run by artificial intelligence.
War on cash. The government and its corporate partners are engaged in a concerted campaign to shift consumers towards a digital mode of commerce that can easily be monitored, tracked, tabulated, mined for data, hacked, hijacked and confiscated when convenient. This push for a digital currency dovetails with the government’s war on cash, which it has been subtly waging for some time now. In recent years, just the mere possession of significant amounts of cash could implicate you in suspicious activity and label you a criminal.
Expansive surveillance. AI surveillance harnesses the power of artificial intelligence and widespread surveillance technology to do what the police state lacks the manpower and resources to do efficiently or effectively: be everywhere, watch everyone and everything, monitor, identify, catalogue, cross-check, cross-reference, and collude. Everything that was once private is now up for grabs to the right buyer. With every new AI surveillance technology that is adopted and deployed without any regard for privacy, Fourth Amendment rights and due process, the rights of the citizenry are being marginalized, undermined and eviscerated.
Militarized police. Having transformed local law enforcement into extensions of the military, the Department of Homeland Security, the Justice Department and the FBI are moving into the next phase of the transformation, turning the nation’s police officers into techno-warriors, complete with iris scanners, body scanners, thermal imaging Doppler radar devices, facial recognition programs, license plate readers, cell phone extraction software, Stingray devices and so much more.
Police shootings of unarmed citizens. Owing in large part to the militarization of local law enforcement agencies, not a week goes by without more reports of hair-raising incidents by police imbued with a take-no-prisoners attitude and a battlefield approach to the communities in which they serve. Police brutality and the use of excessive force continues unabated.
False flags and terrorist attacks. Almost every tyranny being perpetrated by the U.S. government against the citizenry—purportedly to keep us safe and the nation secure—has come about as a result of some threat manufactured in one way or another by our own government. This has become the shadow government’s modus operandi regardless of which party is in power: the government creates a menace—knowing full well the ramifications such a danger might pose to the public—then without ever owning up to the part it played in unleashing that particular menace on an unsuspecting populace, it demands additional powers in order to protect “we the people” from the threat.
Endless wars to keep America’s military’s empire employed. The military and security industrial complexes that have advocated that the U.S. remain at war, year after year, are the very entities that will continue to profit the most from America’s expanding military empire abroad and here at home.
Erosions of private property. Private property means little at a time when SWAT teams and other government agents can invade your home, break down your doors, kill your dog, wound or kill you, damage your furnishings and terrorize your family. Likewise, if government officials can fine and arrest you for growing vegetables in your front yard, praying with friends in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.
Overcriminalization. The government has increasingly adopted the authoritarian notion that it knows best and therefore must control, regulate and dictate almost everything about the citizenry’s public, private and professional lives. Overregulation and overcriminalization have been pushed to such outrageous limits that federal and state governments now require on penalty of a fine that individuals apply for permission before they can grow exotic orchids, host elaborate dinner parties, gather friends in one’s home for Bible studies, give coffee to the homeless, let their kids manage a lemonade stand, keep chickens as pets, or braid someone’s hair.
Strip searches and the denigration of bodily integrity. Court rulings undermining the Fourth Amendment and justifying invasive strip searches have left us powerless against police empowered to forcefully draw our blood, forcibly take our DNA, strip search us, and probe us intimately. Individuals—men and women alike—continue to be subjected to what is essentially government-sanctioned rape by police in the course of “routine” traffic stops.
Censorship. First Amendment activities are being pummeled, punched, kicked, choked, chained and generally gagged all across the country. Free speech zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws and a host of other legalistic maladies dreamed up by politicians and prosecutors have conspired to corrode our core freedoms. The reasons for such censorship vary widely from political correctness, safety concerns and bullying to national security and hate crimes but the end result remains the same: the complete eradication of what Benjamin Franklin referred to as the “principal pillar of a free government.”
Taxation Without Any Real Representation. As a Princeton University survey indicates, our elected officials, especially those in the nation’s capital, represent the interests of the rich and powerful rather than the average citizen. We are no longer a representative republic. With Big Business and Big Government having fused into a corporate state, the president and his state counterparts—the governors—have become little more than CEOs of the Corporate State, which day by day is assuming more government control over our lives. Never before have average Americans had so little say in the workings of their government and even less access to their so-called representatives.
Year after year, the government remains the greatest threat to our freedoms, and yet year after year, “we the people” allow ourselves to be suckered into believing that politics will fix what’s wrong with the country.
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.
“That was when they suspended the Constitution. They said it would be temporary.”—Margaret Atwood, The Handmaid’s Tale
If there is one point on which there should be no political parsing, no legal jockeying, and no disagreement, it is this: for anyone to advocate terminating or suspending the Constitution is tantamount to a declaration of war against the founding principles of our representative government and the rule of law.
Then again, one could well make the case that the Constitution has already been terminated after years on life support, given the extent to which the safeguards enshrined in the Bill of Rights—adopted 231 years ago as a means of protecting the people against government overreach and abuse—have been steadily chipped away at, undermined, eroded, whittled down, and generally discarded with the support of Congress, the White House, and the courts.
Consider for yourself.
We are in the grip of martial law. We have what the founders feared most: a “standing” or permanent army on American soil. This de facto standing army is made up of weaponized, militarized domestic police forces which look like, dress like, and act like the military; are armed with guns, ammunition and military-style equipment; are authorized to make arrests; and are trained in military tactics.
We are in the government’s crosshairs. The U.S. government continues to act as judge, jury and executioner over a populace that have been pre-judged and found guilty, stripped of their rights, and left to suffer at the hands of government agents trained to respond with the utmost degree of violence. Consequently, we are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.” With alarming regularity, unarmed men, women, children and even pets are being gunned down by the government’s standing army of militarized police who shoot first and ask questions later.
We are no longer safe in our homes. This present menace comes from the government’s army of bureaucratized, corporatized, militarized SWAT teams who are waging war on the last stronghold left to us as a free people: the sanctity of our homes.
We have no real freedom of speech. We are moving fast down a 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. In more and more cases, the government is declaring war on what should be protected political speech whenever it challenges the government’s power, reveals the government’s corruption, exposes the government’s lies, and encourages the citizenry to push back against the government’s many injustices. The ramifications are so far-reaching as to render almost every American who criticizes the government an extremist in word, deed, thought or by association.
We have no real privacy. We’re being spied on by a domestic army of government snitches, spies and techno-warriors. This government of Peeping Toms is watching everything we do, reading everything we write, listening to everything we say, and monitoring everything we spend. Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it is all being recorded, stored, and catalogued, and will be used against you eventually, at a time and place of the government’s choosing.
We are losing our right to bodily privacy and integrity. The debate over bodily integrity covers broad territory, ranging from forced vaccinations, forced cavity searches, forced colonoscopies, forced blood draws and forced breath-alcohol tests to forced DNA extractions, forced eye scans, and forced inclusion in biometric databases: these are just a few ways in which Americans continue to be reminded that we have no real privacy, no real presumption of innocence, and no real control over what happens to our bodies during an encounter with government officials. The groundwork being laid with these mandates is a prologue to what will become the police state’s conquest of a new, relatively uncharted, frontier: inner space, specifically, the inner workings (genetic, biological, biometric, mental, emotional) of the human race.
We no longer have a right to private property. If government agents can invade your home, break down your doors, kill your dog, damage your furnishings and terrorize your family, your property is no longer private and secure—it belongs to the government. Hard-working Americans are having their bank accounts, homes, cars electronics and cash seized by police under the assumption that they have allegedly been associated with some criminal scheme.
We have no due process. The groundwork has been laid for a new kind of government where it won’t matter if you’re innocent or guilty, whether you’re a threat to the nation, or even if you’re a citizen. What will matter is what the government—or whoever happens to be calling the shots at the time—thinks. And if the powers-that-be think you’re a threat to the nation and should be locked up, then you’ll be locked up with no access to the protections our Constitution provides.
We are no longer presumed innocent. The burden of proof has been reversed. Now we’re presumed guilty unless we can prove our innocence beyond a reasonable doubt in a court of law. Rarely, are we even given the opportunity to do so. The government has embarked on a diabolical campaign to create a nation of suspects predicated on a massive national DNA database. Having already used surveillance technology to render the entire American populace potential suspects, DNA technology in the hands of government coupled with artificial intelligence will complete our transition to a suspect society in which we are all merely waiting to be matched up with a crime.
We have lost the right to be anonymous and move about freely. At every turn, we’re hemmed in by laws, fines and penalties that regulate and restrict our autonomy, and surveillance cameras that monitor our movements. Likewise, digital currency provides the government and its corporate partners with a mode of commerce that can easily be monitored, tracked, tabulated, mined for data, hacked, hijacked and confiscated when convenient.
We no longer have a government of the people, by the people and for the people. In fact, a study conducted by Princeton and Northwestern University concluded that the U.S. government does not represent the majority of American citizens. Instead, the study found that the government is ruled by the rich and powerful, or the so-called “economic elite.” Moreover, the researchers concluded that policies enacted by this governmental elite nearly always favor special interests and lobbying groups. In other words, we are being ruled by an oligarchy disguised as a democracy, and arguably on our way towards fascism—a form of government where private corporate interests rule, money calls the shots, and the people are seen as mere subjects to be controlled.
We have no guardians of justice. The courts were established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency, the courts have become the guardians of the American police state in which we now live. As a result, sound judgment and justice have largely taken a back seat to legalism, statism and elitism, while preserving the rights of the people has been deprioritized and made to play second fiddle to both governmental and corporate interests.
We have been saddled with a dictator for life. Secret, unchecked presidential powers—acquired through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements and which can be activated by any sitting president—now enable past, president and future presidents to operate above the law and beyond the reach of the Constitution.
Unfortunately, we have done this to ourselves.
We allowed ourselves to be seduced by the false siren song of politicians promising safety in exchange for relinquished freedom. We placed our trust in political saviors and failed to ask questions to hold our representatives accountable to abiding by the Constitution. We looked the other way and made excuses while the government amassed an amazing amount of power over us, and backed up that power-grab with a terrifying amount of military might and weaponry, and got the courts to sanction their actions every step of the way. We chose to let partisan politics divide us and turn us into easy targets for the government’s oppression.
Mind you, the powers-that-be want us to be censored, silenced, muzzled, gagged, zoned out, caged in and shut down. They want our speech and activities monitored for any sign of “extremist” activity. They want us to be estranged from each other and kept at a distance from those who are supposed to represent us. They want taxation without representation. They want a government without the consent of the governed.
They want the Constitution terminated.
“We” may have contributed to our downfall through our inaction and gullibility, but we are also the only hope for a free future.
After all, the Constitution begins with those three beautiful words, “We the people.” Those three words were intended as a reminder to future generations that there is no government without us—our sheer numbers, our muscle, our economy, our physical presence in this land.
As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, when we forget that, when we allow the “Me” of a self-absorbed, narcissistic, politically polarizing culture to override our civic duties as citizens to collectively stand up to tyranny and make the government play by the rules of the Constitution, there can be no surprise when tyranny rises and freedom falls
Remember, there is power in numbers.
There are 332 million of us in this country. Imagine what we could accomplish if we actually worked together, presented a united front, and spoke with one voice?
John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.
The U.S. government is still waging war on America’s military veterans.
Especially veterans who exercise their First Amendment right to speak out against government wrongdoing.
Consider: we raise our young people on a steady diet of militarism and war, sell them on the idea that defending freedom abroad by serving in the military is their patriotic duty, then when they return home, bruised and battle-scarred and committed to defending their freedoms at home, we often treat them like criminals merely for exercising those rights they risked their lives to defend.
As first reported by the Wall Street Journal, the government even has a name for its war on America’s veterans: Operation Vigilant Eagle.
This Department of Homeland Security (DHS) program tracks military veterans returning from Iraq and Afghanistan and characterizes them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.”
Coupled with the DHS’ dual reports on Rightwing and Leftwing “Extremism,” which broadly define extremists as individuals, military veterans and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely,” these tactics bode ill for anyone seen as opposing the government.
Yet the government is not merely targeting individuals who are voicing their discontent so much as it is taking aim at individuals trained in military warfare.
Don’t be fooled by the fact that the DHS has gone extremely quiet about Operation Vigilant Eagle.
Where there’s smoke, there’s bound to be fire.
And the government’s efforts to target military veterans whose views may be perceived as “anti-government” make clear that something is afoot.
In recent years, military servicemen and women have found themselves increasingly targeted for surveillance, censorship, threatened with incarceration or involuntary commitment, labeled as extremists and/or mentally ill, and stripped of their Second Amendment rights.
In light of the government’s efforts to lay the groundwork to weaponize the public’s biomedical data and predict who might pose a threat to public safety based on mental health sensor data (a convenient means by which to penalize certain “unacceptable” social behaviors), encounters with the police could get even more deadly, especially if those involved have a mental illness or disability coupled with a military background.
Incredibly, as part of a proposal introduced under the Trump Administration, a new government agency HARPA (a healthcare counterpart to the Pentagon’s research and development arm DARPA) will take the lead in identifying and targeting “signs” of mental illness or violent inclinations among the populace by using artificial intelligence to collect data from Apple Watches, Fitbits, Amazon Echo and Google Home.
These tactics are not really new.
Many times throughout history in totalitarian regimes, such governments have declared dissidents mentally ill and unfit for society as a means of rendering them disempowering them.
For example, government officials in the Cold War-era Soviet Union often used psychiatric hospitals as prisons in order to isolate political prisoners from the rest of society, discredit their ideas, and break them physically and mentally through the use of electric shocks, drugs and various medical procedures.
This age-old practice by which despotic regimes eliminate their critics or potential adversaries by declaring them mentally ill and locking them up in psychiatric wards for extended periods of time is a common practice in present-day China.
What is particularly unnerving, however, is how this practice of eliminating or undermining potential critics, including military veterans, is happening with increasing frequency in the United States.
Remember, the National Defense Authorization Act (NDAA) opened the door for the government to detain as a threat to national security anyone viewed as a troublemaker. According to government guidelines for identifying domestic extremists—a word used interchangeably with terrorists—technically, anyone exercising their First Amendment rights in order to criticize the government qualifies.
It doesn’t take much anymore to be flagged as potentially anti-government in a government database somewhere—Main Core, for example—that identifies and tracks individuals who aren’t inclined to march in lockstep to the government’s dictates.
In fact, as the Washington Post reports, communities are being mapped and residents assigned a color-coded threat score—green, yellow or red—so police are forewarned about a person’s potential inclination to be a troublemaker depending on whether they’ve had a career in the military, posted a comment perceived as threatening on Facebook, suffer from a particular medical condition, or know someone who knows someone who might have committed a crime.
The case of Brandon Raub is a prime example of Operation Vigilant Eagle in action.
Raub, a 26-year-old decorated Marine, actually found himself interrogated by government agents about his views on government corruption, arrested with no warning, labeled mentally ill for subscribing to so-called “conspiratorial” views about the government, detained against his will in a psych ward for standing by his views, and isolated from his family, friends and attorneys. Within days of Raub being seized and forcibly held in a VA psych ward, news reports started surfacing of other veterans having similar experiences.
“Oppositional defiance disorder” (ODD) is another diagnosis being used against veterans who challenge the status quo. As journalist Anthony Martin explains, an ODD diagnosis
That the government is using the charge of mental illness as the means by which to immobilize (and disarm) these veterans is diabolical. With one stroke of a magistrate’s pen, these veterans are being declared mentally ill, locked away against their will, and stripped of their constitutional rights.
If it were just being classified as “anti-government,” that would be one thing.
Unfortunately, anyone with a military background and training is also now being viewed as a heightened security threat by police who are trained to shoot first and ask questions later.
Police encounters with military veterans often escalate very quickly into an explosive and deadly situation, especially when SWAT teams are involved.
For example, Jose Guerena, a Marine who served in two tours in Iraq, was killed after an Arizona SWAT team kicked open the door of his home during a mistaken drug raid and opened fire. Thinking his home was being invaded by criminals, Guerena told his wife and child to hide in a closet, grabbed a gun and waited in the hallway to confront the intruders. He never fired his weapon. In fact, the safety was still on his gun when he was killed. The SWAT officers, however, not as restrained, fired 70 rounds of ammunition at Guerena—23 of those bullets made contact. Apart from his military background, Guerena had had no prior criminal record, and the police found nothing illegal in his home.
John Edward Chesney, a 62-year-old Vietnam veteran, was killed by a SWAT team allegedly responding to a call that the Army veteran was standing in his San Diego apartment window waving what looked like a semi-automatic rifle. SWAT officers locked down Chesney’s street, took up positions around his home, and fired 12 rounds into Chesney’s apartment window. It turned out that the gun Chesney reportedly pointed at police from three stories up was a “realistic-looking mock assault rifle.”
Ramon Hooks’ encounter with a Houston SWAT team did not end as tragically, but it very easily could have. Hooks, a 25-year-old Iraq war veteran, was using an air rifle gun for target practice outside when a Homeland Security Agent, allegedly house shopping in the area, reported him as an active shooter. It wasn’t long before the quiet neighborhood was transformed into a war zone, with dozens of cop cars, an armored vehicle and heavily armed police. Hooks was arrested, his air rifle pellets and toy gun confiscated, and charges filed against him for “criminal mischief.”
It stands to reason that if the government can’t be bothered to abide by its constitutional mandate to respect the citizenry’s rights—whether it’s the right to be free from government surveillance and censorship, the right to due process and fair hearings, the right to be free from roadside strip searches and militarized police, or the right to peacefully assemble and protest and exercise our right to free speech—then why should anyone expect the government to treat our nation’s veterans with respect and dignity?
Certainly, veterans have enough physical and psychological war wounds to overcome without adding the government to the mix. Although the U.S. boasts more than 20 million veterans who have served in World War II through the present day, large numbers of veterans are impoverished, unemployed, traumatized mentally and physically, struggling with depression, suicide, and marital stress, homeless, subjected to sub-par treatment at clinics and hospitals, and left to molder while their paperwork piles up within Veterans Administration offices.
On average, 6,000 veterans kill themselves every year. However, a recent study suggests that the rate of suicide among veterans may be more than double what federal officials report annually.
The plight of veterans today—and their treatment at the hands of the U.S. government—remains America’s badge of shame.
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.
“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” — Abraham Lincoln
It’s easy to become discouraged about the state of our nation.
We’re drowning under the weight of too much debt, too many wars, too much power in the hands of a centralized government, too many militarized police, too many laws, too many lobbyists, and generally too much bad news.
It’s harder to believe that change is possible, that the system can be reformed, that politicians can be principled, that courts can be just, that good can overcome evil, and that freedom will prevail.
So where does that leave us?
Benjamin Franklin provided the answer. As the delegates to the Constitutional Convention trudged out of Independence Hall on September 17, 1787, an anxious woman in the crowd waiting at the entrance inquired of Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” “A republic,” Franklin replied, “if you can keep it.”
What Franklin meant, of course, is that when all is said and done, we get the government we deserve.
Those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. It is there to protect, defend and even enhance our freedoms, not violate them.
Unfortunately, although the Bill of Rights was adopted as a means of protecting the people against government tyranny, in America today, the government does whatever it wants, freedom be damned.
“We the people” have been terrorized, traumatized, and tricked into a semi-permanent state of compliance by a government that cares nothing for our lives or our liberties.
The bogeyman’s names and faces have changed over time (terrorism, the war on drugs, illegal immigration, a viral pandemic, and more to come), but the end result remains the same: in the so-called name of national security, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded with the support of Congress, the White House, and the courts.
A recitation of the Bill of Rights—set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, vaccine mandates, lockdowns, and the like (all sanctioned by Congress, the White House, and the courts)—would understandably sound more like a eulogy to freedoms lost than an affirmation of rights we truly possess.
What we are left with today is but a shadow of the robust document adopted more than two centuries ago. Sadly, most of the damage has been inflicted upon the Bill of Rights.
Here is what it means to live under the Constitution, twenty-plus years after 9/11 and with the nation just emerging from two years of COVID-19 lockdowns and mandates.
The First Amendment is supposed to protect the freedom to speak your mind, assemble and protest nonviolently without being bridled by the government. It also protects the freedom of the media, as well as the right to worship and pray without interference. In other words, Americans should not be silenced by the government. To the founders, all of America was a free speech zone.
Despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Increasingly, Americans are being persecuted for exercising their First Amendment rights and speaking out against government corruption. Activists are being arrested and charged for daring to film police officers engaged in harassment or abusive practices. Journalists are being prosecuted for reporting on whistleblowers. States are passing legislation to muzzle reporting on cruel and abusive corporate practices. Religious ministries are being fined for attempting to feed and house the homeless. Protesters are being tear-gassed, beaten, arrested and forced into “free speech zones.” And under the guise of “government speech,” the courts have reasoned that the government can discriminate freely against any First Amendment activity that takes place within a so-called government forum.
The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” Essentially, this amendment was intended to give the citizenry the means to resist tyrannical government. Yet while gun ownership has been recognized by the U.S. Supreme Court as an individual citizen right, Americans remain powerless to defend themselves against red flag gun laws, militarized police, SWAT team raids, and government agencies armed to the teeth with military weapons better suited to the battlefield.
The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” With the police increasingly training like the military, acting like the military, and posing as military forces—complete with heavily armed SWAT teams, military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a standing army on American soil.
The Fourth Amendment prohibits government agents from conducting surveillance on you or touching you or encroaching on your private property unless they have evidence that you’re up to something criminal. In other words, the Fourth Amendment ensures privacy and bodily integrity. Unfortunately, the Fourth Amendment has suffered the greatest damage in recent years and has been all but eviscerated by an unwarranted expansion of governmental police powers that include strip searches and even anal and vaginal searches of citizens, surveillance (corporate and otherwise), and intrusions justified in the name of fighting terrorism, as well as the outsourcing of otherwise illegal activities to private contractors.
The Fifth Amendment and the Sixth Amendment work in tandem. These amendments supposedly ensure that you are innocent until proven guilty, and government authorities cannot deprive you of your life, your liberty or your property without the right to an attorney and a fair trial before a civilian judge. However, in the new suspect society in which we live, where surveillance is the norm, these fundamental principles have been upended. Certainly, if the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights.
The Seventh Amendment guarantees citizens the right to a jury trial. Yet when the populace has no idea of what’s in the Constitution—civic education has virtually disappeared from most school curriculums—that inevitably translates to an ignorant jury incapable of distinguishing justice and the law from their own preconceived notions and fears. However, as a growing number of citizens are coming to realize, the power of the jury to nullify the government’s actions—and thereby help balance the scales of justice—is not to be underestimated. Jury nullification reminds the government that “we the people” retain the power to ultimately determine what laws are just.
The Eighth Amendment is similar to the Sixth in that it is supposed to protect the rights of the accused and forbid the use of cruel and unusual punishment. However, the Supreme Court’s determination that what constitutes “cruel and unusual” should be dependent on the “evolving standards of decency that mark the progress of a maturing society” leaves us with little protection in the face of a society lacking in morals altogether.
The Ninth Amendment provides that other rights not enumerated in the Constitution are nonetheless retained by the people. Popular sovereignty—the belief that the power to govern flows upward from the people rather than downward from the rulers—is clearly evident in this amendment. However, it has since been turned on its head by a centralized federal government that sees itself as supreme and which continues to pass more and more laws that restrict our freedoms under the pretext that it has an “important government interest” in doing so.
As for the Tenth Amendment’s reminder that the people and the states retain every authority that is not otherwise mentioned in the Constitution, that assurance of a system of government in which power is divided among local, state and national entities has long since been rendered moot by the centralized Washington, DC, power elite—the president, Congress and the courts.
Thus, if there is any sense to be made from this recitation of freedoms lost, it is simply this: our individual freedoms have been eviscerated so that the government’s powers could be expanded.
It was no idle happenstance that the Constitution opens with these three powerful words: “We the people.” As the Preamble proclaims:
We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America.
In other words, it’s our job to make the government play by the rules of the Constitution.
We are supposed to be the masters and they—the government and its agents—are the servants.
We the American people—the citizenry—are supposed to be the arbiters and ultimate guardians of America’s welfare, defense, liberty, laws and prosperity.
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, 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.
Many who responded to the survey had a strange conception of what was in the First Amendment. For example, a startling number of respondents believed that the “right to own a pet” and the “right to drive a car” were part of the First Amendment. Another 38% believed that “taking the Fifth” was part of the First Amendment.
Government leaders and politicians are also ill-informed. Although they take an oath to uphold, support and defend the Constitution against “enemies foreign and domestic,” their lack of education about our fundamental rights often causes them to be enemies of the Bill of Rights.
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. Use this card to teach your children the freedoms found in the Bill of Rights.
A healthy, representative government is hard work. It takes a citizenry that is informed about the issues, educated about how the government operates, and willing to do more than grouse and complain.
The powers-that-be want us to remain divided over politics, hostile to those with whom we disagree politically, and intolerant of anyone or anything whose solutions to what ails this country differ from our own. They also want us to believe that our job as citizens begins and ends on Election Day.
Yet there are 330 million of us in this country. Imagine what we could accomplish if we actually worked together, presented a united front, and spoke with one voice.
John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.
“The executive power in our government is not the only, perhaps not even the principal, object of my solicitude. The tyranny of the legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period.”― Thomas Jefferson, Democracy in America
It is time to recalibrate the government.
For years now, we have suffered the injustices, cruelties, corruption and abuse of an entrenched government bureaucracy that has no regard for the Constitution or the rights of the citizenry.
By “government,” I’m not referring to the highly partisan, two-party bureaucracy of the Republicans and Democrats. Rather, I’m referring to “government” with a capital “G,” the entrenched Deep State that is unaffected by elections, unaltered by populist movements, and has set itself beyond the reach of the law.
We are overdue for a systemic check on the government’s overreaches and power grabs.
We have lingered too long in this strange twilight zone where ego trumps justice, propaganda perverts truth, and imperial presidents—empowered to indulge their authoritarian tendencies by legalistic courts, corrupt legislatures and a disinterested, distracted populace—rule by fiat rather than by the rule of law.
This COVID-19 pandemic has provided the government with the perfect excuse to lay claim to a long laundry list of terrifying lockdown powers (at both the federal and state level) that override the Constitution: the ability to suspend the Constitution, indefinitely detain American citizens, bypass the courts, quarantine whole communities or segments of the population, override the First Amendment by outlawing religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, reshape financial markets, create a digital currency (and thus further restrict the use of cash), determine who should live or die, and impose health mandates on large segments of the population.
These kinds of crises tend to bring out the authoritarian tendencies in government.
That’s no surprise: power corrupts, and absolute power corrupts absolutely.
Where we find ourselves now is in the unenviable position of needing to rein in all three branches of government—the Executive, the Judicial, and the Legislative—that have exceeded their authority and grown drunk on power.
This is exactly the kind of concentrated, absolute power the founders attempted to guard against by establishing a system of checks of balances that separate and shares power between three co-equal branches: the executive, the legislative and the judiciary.
“The system of checks and balances that the Framers envisioned now lacks effective checks and is no longer in balance,” concludes law professor William P. Marshall. “The implications of this are serious. The Framers designed a system of separation of powers to combat government excess and abuse and to curb incompetence. They also believed that, in the absence of an effective separation-of-powers structure, such ills would inevitably follow. Unfortunately, however, power once taken is not easily surrendered.”
Unadulterated power in any branch of government is a menace to freedom.
There’s no point debating which political party would be more dangerous with these powers.
The fact that any individual—or branch of government—of any political persuasion is empowered to act like a dictator is danger enough.
So what we can do to wrest back control over a runaway government and an imperial presidency?
It won’t be easy.
We are the unwitting victims of a system so corrupt that those who stand up for the rule of law and aspire to transparency in government are in the minority.
This corruption is so vast it spans all branches of government: from the power-hungry agencies under the executive branch and the corporate puppets within the legislative branch to a judiciary that is, more often than not, elitist and biased towards government entities and corporations.
We are ruled by an elite class of individuals who are completely out of touch with the travails of the average American.
We are viewed as relatively expendable in the eyes of government: faceless numbers of individuals who serve one purpose, which is to keep the government machine running through our labor and our tax dollars. Those in power aren’t losing any sleep over the indignities we are being made to suffer or the possible risks to our health. All they seem to care about are power and control.
We are being made to suffer countless abuses at the government’s hands.
We have little protection against standing armies (domestic and military), invasive surveillance, marauding SWAT teams, an overwhelming government arsenal of assault vehicles and firepower, and a barrage of laws that criminalize everything from vegetable gardens to lemonade stands.
In the name of national security, we’re being subjected to government agencies such as the NSA, FBI and others listening in on our phone calls, reading our mail, monitoring our emails, and carrying out warrantless “black bag” searches of our homes. Adding to the abuse, we have to deal with surveillance cameras mounted on street corners and in traffic lights, weather satellites co-opted for use as spy cameras from space, and thermal sensory imaging devices that can detect heat and movement through the walls of our homes.
That doesn’t even begin to touch on the many ways in which our Fourth Amendment rights are trampled upon by militarized police and SWAT teams empowered to act as laws unto themselves.
In other words, freedom—or what’s left of it—is threatened from every direction.
The predators of the police state are wreaking havoc on our freedoms, our communities, and our lives. The government doesn’t listen to the citizenry, it refuses to abide by the Constitution, which is our rule of law, and it treats the citizenry as a source of funding and little else. Police officers are shooting unarmed citizens and their household pets. Government agents—including local police—are being armed to the teeth and encouraged to act like soldiers on a battlefield. Bloated government agencies are fleecing taxpayers. Government technicians are spying on our emails and phone calls. Government contractors are making a killing by waging endless wars abroad.
In other words, the American police state is alive and well and flourishing.
Nothing has changed, and nothing will change unless we insist on it.
Set in the year 2020, V for Vendetta (written and produced by the Wachowskis) provides an eerie glimpse into a parallel universe in which a government-engineered virus wreaks havoc on the world. Capitalizing on the people’s fear, a totalitarian government comes to power that knows all, sees all, controls everything and promises safety and security above all.
Concentration camps (jails, private prisons and detention facilities) have been established to house political prisoners and others deemed to be enemies of the state. Executions of undesirables (extremists, troublemakers and the like) are common, while other enemies of the state are made to “disappear.” Populist uprisings and protests are met with extreme force. The television networks are controlled by the government with the purpose of perpetuating the regime. And most of the population is hooked into an entertainment mode and are clueless.
Sounds painfully familiar, doesn’t it?
As director James McTeighe observed about the tyrannical regime in V for Vendetta, “It really showed what can happen when society is ruled by government, rather than the government being run as a voice of the people. I don’t think it’s such a big leap to say things like that can happen when leaders stop listening to the people.”
Clearly, our leaders have stopped listening to the American people.
We are—and have been for some time—the unwitting victims of a system so corrupt that those who stand up for the rule of law and aspire to transparency in government are in the minority. This corruption is so vast it spans all branches of government—from the power-hungry agencies under the executive branch and the corporate puppets within the legislative branch to a judiciary that is, more often than not, elitist and biased towards government entities and corporations.
We are ruled by an elite class of individuals who are completely out of touch with the travails of the average American. We are relatively expendable in the eyes of government—faceless numbers of individuals who serve one purpose, which is to keep the government machine running through our labor and our tax dollars.
What will it take for the government to start listening to the people again?
In V for Vendetta, as in my new novel The Erik Blair Diaries, it takes an act of terrorism for the people to finally mobilize and stand up to the government’s tyranny: in Vendetta, V the film’s masked crusader blows up the seat of government, while in Erik Blair, freedom fighters plot to unmask the Deep State.
These acts of desperation and outright anarchy are what happens when a parasitical government muzzles the citizenry, fences them in, herds them, brands them, whips them into submission, forces them to ante up the sweat of their brows while giving them little in return, and then provides them with little to no outlet for voicing their discontent: people get desperate, citizens lose hope, and lawful, nonviolent resistance gives way to unlawful, violent resistance.
This way lies madness.
Then again, this madness may be unavoidable unless we can wrest back control over our runaway government starting at the local level.
How to do this? It’s not rocket science.
There is no 10-step plan. If there were a 10-step plan, however, the first step would be as follows: turn off the televisions, tune out the politicians, and do your part to stand up for freedom principles in your own communities.
Stand up for your own rights, of course, but more importantly, stand up for the rights of those with whom you might disagree. Defend freedom at all costs. Defend justice at all costs. Make no exceptions based on race, religion, creed, politics, immigration status, sexual orientation, etc. Vote like Americans, for a change, not Republicans or Democrats.
Most of all, use your power—and there is power in our numbers—to nullify anything and everything the government does that undermines the freedom principles on which this nation was founded.
Don’t play semantics. Don’t justify. Don’t politicize it. If it carries even a whiff of tyranny, oppose it. Demand that your representatives in government cut you a better deal, one that abides by the Constitution and doesn’t just attempt to sidestep it.
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.
“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), as reported by CNN
What a strange and harrowing road we’ve walked since September 11, 2001, littered with the debris of our once-vaunted liberties. We have gone from a nation that took great pride in being a model of a representative democracy to being a model of how to persuade a freedom-loving people to march in lockstep with a police state.
What began with the passage of the USA Patriot Act in October 2001 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—Osama bin Laden, Saddam Hussein and now ISIS—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.
Ironically, just a short week after the 13th anniversary of the 9/11 attacks, we find ourselves commemorating the 227th anniversary of the ratification of our Constitution. Yet while there is much to mourn about the loss of our freedoms in the years since 9/11, there has been little to celebrate.
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 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 and the courts—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.
As I make clear in my book A Government of Wolves: The Emerging American Police State, the Constitution has been on life support for some time now. 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.
Consider the state of our freedoms, and judge for yourself whether this Constitution Day should be a day of mourning, celebration or a robust call to action:
The First Amendment is supposed to protect the freedom to speak your mind and protest in peace 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. Yet 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 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. And protesters are being tear-gassed, beaten, arrested and forced into “free speech zones.” But to the founders, all of America was a free speech zone.
The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” 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 government agents armed to the teeth with military weapons. Police shootings of unarmed citizens continue to outrage communities, while little is being done to demilitarize law enforcement agencies better suited to the battlefield.
The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” With the police increasingly posing as military forces—complete with military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a violent standing army on American soil. Moreover, as a result of SWAT team raids where police invade homes, often without warrants, and injure and even kill unarmed citizens, the barrier between public and private property has done away with this critical safeguard.
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 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 use of civil asset forfeiture schemes to swell the coffers of police forces has continued to grow in popularity among cash-strapped states. The federal government continues to strong-arm corporations into providing it with access to Americans’ private affairs, from emails and online transactions to banking and web surfing. Coming in the wake of massive leaks about the inner workings of the NSA and the massive secretive surveillance state, it was recently revealed that the government threatened to fine Yahoo $250,000 every day for failing to comply with the NSA’s mass data collection program known as PRISM.
The technological future appears to pose even greater threats to what’s left of our Fourth Amendment rights, with advances in biometric identification and microchip implants on the horizon making it that much easier for the government to track not only our movements and cyber activities but our very cellular beings. Barclays has already begun using a finger-scanner as a form of two-step authentication to give select customers access to their accounts. Similarly, Motorola has been developing thin “digital tattoos” that will ensure that a phone’s owner is the only person who may unlock it. All of this information, of course, will be available to the spying surveillance agencies.
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. And now the National Defense Authorization Act, signed into law by President Obama, allows the military to arrive at your door if the president thinks you’re a terrorist (a.k.a. extremist), place you in military detention, jail you indefinitely and restrict access to your family and your lawyer.
The Seventh Amendment guarantees citizens the right to a jury trial. However, 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.
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. For example, if you are thrown into a military detention camp, then what constitutes cruel and unusual punishment is up to your jailers.
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. Thus, once the government began violating the non-enumerated rights granted in the Ninth Amendment, it was only a matter of time before it began to trample the enumerated rights of the people, as explicitly spelled out in the rest of the Bill of Rights.
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. This distinction is further blurred by programs such as the Pentagon’s 1033 program, which distributes excess military hardware to local police stations, effectively turning them into extensions of the military.
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. In this regard, ironically, Osama Bin Laden was right when he warned that freedom and human rights in America are doomed, and that the U.S. government would be responsible for leading us into an “unbearable hell and a choking life.”
The choices before us are simple: We can live in the past, dwelling on what freedoms we used to enjoy and shrugging helplessly at the destruction of our liberties. We can immerse ourselves in the present, allowing ourselves to be utterly distracted by the glut of entertainment news and ever-changing headlines so that we fail to pay attention to or do anything about the government’s ongoing power-grabs. We can hang our hopes on the future, believing against all odds that someone or something—whether it be a politician, a movement, or a religious savior—will save us from inevitable ruin.
Or we can start right away by instituting changes at the local level, holding our government officials accountable to the rule of law, and resurrecting the Constitution, recognizing that if we follow our current trajectory, the picture of the future will be closer to what George Orwell likened to “a boot stamping on a human face—forever.”
Outrageous examples of wasteful government spending from Sen. Coburn’s 2013 ‘Wastebook’
“To force a man to pay for the violation of his own liberty is indeed an addition of insult to injury.”—Benjamin Tucker, 19th century advocate of American individualist anarchism
I promise this is no belated April Fools’ joke. These are actual line items paid for by American taxpayers, whose tax dollars continue to be wasted on extravagant, unnecessary items that serve no greater purpose than to fatten the wallets of corporations and feed political graft (such as the $1 million bus stop, complete with heated benches and sidewalks which can only shelter 15 people and provides little protection from rain, snow, or the sun).
In doing so, the justices expanded on the Court’s landmark 2010 ruling in Citizens United v. FEC, which not only gave unfettered free speech rights to corporations but paved the way for corporations to spend unlimited amounts of money promoting candidates, especially presidential candidates. What this does, of course, is turn the ballot box into an auction block, wherein those who are “elected” to public office are bought and paid for by those who can afford to support their campaigns—namely, lobbyists, corporations and high-dollar donors. (Then again, perhaps it will remain status quo. According to a 2013 study by Trinity University, U.S. Senators do not take into account the opinions and wishes of their lower class constituents. Rather, their voting was aligned with their upper class constituents. This dismissal of lower class opinion held true for both Republican and Democratic Senators, themselves made up of millionaires.)
When all is said and done, what we are witnessing is the emergence of a disconcerting government mindset that interprets the Constitution one way for corporations, government entities and the wealthy, and uses a second measure altogether for average Americans. For example, contrast the Supreme Court’s affirmation of the “free speech” rights of corporations and wealthy donors in McCutcheon and Citizens United with its tendency to deny those same rights to average Americans when government interests abound, such as in its 2012 decision in Reichle v. Howards, where a unanimous Supreme Court allowed immunity protections for Secret Service agents to trump the free speech rights of Americans, and you’ll find a noticeable disparity.
This is a far cry from how a representative government is supposed to operate. Indeed, it has been a long time since we could claim to be the masters of our own lives. Rather, we are now the subjects of a militarized, corporate empire in which the vast majority of the citizenry work their hands to the bone for the benefit of a privileged few.
Adding injury to the ongoing insult of having our tax dollars misused and our so-called representatives bought and paid for by the moneyed elite, the government then turns around and uses the money we earn with our blood, sweat and tears to target, imprison and entrap us, in the form of militarized police, surveillance cameras, private prisons, license plate readers, drones, and cell phone tracking technology.
All of those nefarious deeds that you read about in the paper every day: those are your tax dollars at work. It’s your money that allows for government agents to spy on your emails, your phone calls, your text messages, and your movements. It’s your money that allows out-of-control police officers to burst into innocent people’s homes, or probe and strip search motorists on the side of the road. And it’s your money that leads to innocent Americans across the country being prosecuted for innocuous activities such as raising chickens at home, growing vegetable gardens, and trying to live off the grid.
There was a time in our history when our forebears said “enough is enough” and stopped paying their taxes to what they considered an illegitimate government. They stood their ground and refused to support a system that was slowly choking out any attempts at self-governance, and which refused to be held accountable for its crimes against the people. Their resistance sowed the seeds for the revolution that would follow.
Unfortunately, in the 200-plus years since we established our own government, we’ve let bankers, turncoats and number-crunching bureaucrats muddy the waters and pilfer the accounts to such an extent that we’re back where we started. Once again, we’ve got a despotic regime with an imperial ruler doing as they please. Once again, we’ve got a judicial system insisting we have no rights under a government which demands that the people march in lockstep with its dictates. And once again, we’ve got to decide whether we’ll keep marching or break stride and make a turn toward freedom.
But what if we didn’t just pull out our pocketbooks and pony up to the federal government’s outrageous demands for more money? What if we didn’t just dutifully line up to drop our hard-earned dollars into the collection bucket, no questions asked about how it will be spent? What if, instead of quietly sending in our checks, hoping vainly for some meager return, we did a little calculating of our own and started deducting from our taxes those programs that we refuse to support?
If we don’t have the right to decide what happens to our hard-earned cash, then we don’t have very many rights at all. If they can just take from you what they want, when they want, and then use it however they want, you can’t claim to be anything more than a serf in a land they think of as theirs. This was the case in the colonial era, and it’s the case once again.
John W. Whitehead, Constitutional Attorney 