Posts Tagged ‘news’

“We’re gonna win so much, you may even get tired of winning. And you’ll say, ‘Please, please. It’s too much winning. We can’t take it anymore. Mr. President, it’s too much.’”—Donald Trump

Almost one month into the Trump presidency, and the Constitution and the entire section on the various branches of government and how they work together are still missing from the White House website.

This is no small thing.

This omission, deliberate or inadvertent, speaks volumes about the priorities of this current administration. It also explains a lot about the legal mindset that is driving the Trump train, which continues to push forward with a theory of unitary executive power.

You know what is not driving the Trump government? Any sense that it is bound by the rule of law, i.e, the U.S. Constitution. As Trump recently declared, “He who saves his Country does not violate any Law.

Then again, Trump has never made any pretense of his aspirations to rule as a strongman. As the Washington Post reports:

In 2017, he claimed “an absolute right to do what I want with the Justice Department.” In 2019, he claimed that Article II of the Constitution gave him “the right to do whatever I want as president.” In 2020, he said he could override state and local public health orders related to the coronavirus pandemic by saying: “When somebody is the president of the United States, the authority is total. And that’s the way it’s got to be. It’s total.” In 2022, he said that purported voter fraud in the 2020 election “allows for the termination of all rules, regulations, and articles, even those found in the Constitution.” In 2023, he mused that he would be a dictator, but only on Day One of his presidency. And a year ago, he argued that presidents should have total immunity from criminal prosecution, even for “EVENTS THAT ‘CROSS THE LINE.’ ”

Listen, when someone shows you who they are, believe them.

Then again, maybe the majority of Americans just don’t care about the Constitution anymore.

Maybe, as journalist Zeynep Tufekci suggests, Americans want an authoritarian leader who embraces an “ends-justify-the-means leadership style.”

Maybe all they care about are the “endless wins” that the Trump administration never ceases to claim for itself, but if we’re being brutally honest about the state of the country, “we the people” are on a solid losing streak.

While the team colors and the police state’s outward allegiances may have changed, from a constitutional perspective, we’re still losing in all the ways that matter, and the Deep State is still winning.

Indeed, far from protecting our freedoms, the Trump administration is taking the Deep State’s unconstitutional disregard for civil liberties to new extremes.

When you step away from the polarizing rhetoric and government spin long enough to look at the many ways in which the American police state is continuing to lockdown our freedoms, you’ll notice that not much has changed for the better.

Has the Trump administration put an end to the police state’s use of surveillance on the American people? Has it scaled back the deployment of military forces domestically in violation of Posse Comitatus? Has it ceased the government’s war on cash? Has it stepped back from the NDAA’s threat of indefinite detentions? Has it de-militarized the police? Has it kicked the oligarchs out of the government’s inner circle? Has it been transparent and accountable in all of its dealings?

The answer to all of those questions is a resounding “no.”

Rather than minimizing the power of the police state, the Trump administration appears to be doubling down on its commitment to police state tactics of fear, intimidation and brutality.

Consider for yourselves.

Free speech is still being undermined. The First Amendment prohibits the government from suppressing free speech activities by the public, the media, protesters, religious individuals, or by restricting the right of the people to assemble and associate with one another, yet we no longer have any 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. Although President Trump issued an executive order denouncing government censorship, primarily for speech with which he agrees, his administration has ostensibly engaged in a campaign of intimidation and coercion against news organizations that dare to disagree with or criticize his administration, as well as whistleblowers. Likewise, under the guise of fighting politically correct DEI (diversity, equity and inclusion) policies and cancel culture, the Trump administration is engaging in its own campaign to cancel out expressive activities and content of which it disapproves, including anti-war protests.

We’re still being subjected to expansive surveillance. All of the monitoring tools and weapons in the government’s surveillance arsenal that are being used to identify, track and target those on the Trump’s administration’s enemies list—facial recognition, biometrics, license plate readers, fusion centers, cell phone location tracking, etc.—can and will be used against the American people. 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.

The government’s police powers are still being weaponized. With Trump claiming the power to target anyone or any group he perceives as a “threat,” i.e., an “enemy from within,” anyone who disagrees with the government could be placed on a government watch list. Having transformed local law enforcement into extensions of the military, the Department of Homeland Security, the Justice Department and the FBI are 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.

Government whistleblowers are still being persecuted. While claiming to be rooting out inefficiency, the Trump administration has been methodically dismantling all of the agencies charged with acting as nonpartisan watchdogs of government corruption.

Americans are still being treated as suspects. 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. Having launched a precrime program during his first administration, the Trump administration would have no qualms about using AI predictive and surveillance technologies to classify, segregate and flag the populace.

We’re still unofficially under 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. With Trump having pledged to deploy the military domestically to work in conjunction with local police to address domestic threats, including political enemies, dissenters and immigrants, the American homeland is increasingly being transformed into a battlefield.

We’re still being flagged based on our viewpoints, activities and associations. 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.

Police shootings of unarmed citizens will continue. In the wake of Trump’s decision to reverse and revoke many of the policies intended to implement police reform and discourage police misconduct and stem the time of police brutality, we can expect the use of excessive force by police to continue unabated.

We still don’t 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 still have an imperial president. Although President Trump has made no secret of his authoritarian impulses, he is not the first president to rule by fiat through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements. These unchecked powers enable all sitting president to operate above the law and beyond the reach of the Constitution.

In other words, the seeds of chaos are still being sown, and it’s the U.S. government that will reap the harvest.

My friends, if this is winning, I can’t imagine what losing will look like, but it won’t be pretty.

All of this dismantling of government agencies, weakening of the economy, and fomenting of civil unrest feeds right back into the Deep State’s plot to destabilize the nation.

Remember that Pentagon training video created by the Army for U.S. Special Operations Command which anticipated that all hell would break loose by 2030?

That’s barely five short years away now, but we’re being moved steadily in that direction.

According to “Megacities: Urban Future, the Emerging Complexity,” the U.S. military plans to use armed forces to solve future domestic political and social problems. What they’re really talking about is martial law, packaged as a well-meaning and overriding concern for the nation’s security.

The training video is only five minutes long, but it says a lot about the government’s mindset, the way its views the citizenry, and the so-called “problems” that the government must be prepared to address in the near future through the use of martial law.

Even more troubling, however, is what this military video doesn’t say about the Constitution, about the rights of the citizenry, and about the dangers of locking down the nation and using the military to address political and social problems.

Be warned: in the future envisioned by the government, we will not be viewed as Republicans or Democrats. Rather, “we the people” will be enemies of the state.

For years, the government has been warning against the dangers of domestic terrorism, erecting surveillance systems to monitor its own citizens, creating classification systems to label any viewpoints that challenge the status quo as extremist, and training law enforcement agencies to equate anyone possessing anti-government views as a domestic terrorist.

What the government failed to explain was that the domestic terrorists would be of the government’s own making, and that “we the people” would become enemy #1.

We’re already enemies of the state.

You want to bring about real change? Start by wresting back control of our government from the oligarchs, technocrats and Deep State operatives who are still running the show.

Reject the propaganda and the polarizing rhetoric and the “us vs. them” tactics that reduce the mass power of the populace to warring, powerless factions.

Find common ground with your fellow citizens and push back against the government’s brutality, inhumanity, greed, corruption and power grabs.

Be dangerous in the best way possible: by thinking for yourself, by refusing to be silenced, by choosing sensible solutions over political expediency and bureaucracy.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the solution to what ails this country is really not that complicated: decency, compassion, common sense, generosity balanced by fiscal responsibility, fairness, a commitment to freedom principles, and a firm rejection of the craven, partisan politics of the Beltway elites who have laid the groundwork for the Deep State’s ongoing authoritarian coup d’etat.

Source: https://tinyurl.com/4bpah8sw

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.

“Never has our future been more unpredictable, never have we depended so much on political forces that cannot be trusted to follow the rules of common sense and self-interest — forces that look like sheer insanity, if judged by the standards of other centuries.”—Hannah Arendt, The Origins of Totalitarianism

This has all the makings of a constitutional crisis.

According to law professor Amanda Frost, “a constitutional crisis occurs when one branch of government, usually the executive, ‘blatantly, flagrantly and regularly exceeds its constitutional authority — and the other branches are either unable or unwilling to stop it.’”

Consider for yourself.

The president has gone rogue, doubling down on his belief that “I have the right to do whatever I want as president.”

The vice president believes the president should be a law unto himself, i.e., unaccountable to the other branches of the government.

The Republican-controlled Congress appears to be deaf, dumb and blind to the Executive Branch’s blatantly unconstitutional overreaches.

The courts, which have in recent years largely rubberstamped the government’s power grabs, are ill-prepared to rein in a sitting president who is determined to do whatever he wants, the Constitution be damned.

In fact, the U.S. Supreme Court preemptively gave future presidents the green light to engage in all manner of criminal activities when it ruled 6-3 that presidents have absolute immunity from prosecution, provided the lawbreaking is related to their official duties.

Meanwhile, the Constitution is still missing from the White House’s website.

This last point is not an oversight.

Rather, it speaks volumes about the priorities of the current presidential administration, which operates as if the rule of law does not apply to itself.

Indeed, while President Trump’s predecessors paid lip service to the rule of law while sidestepping it at every opportunity, Trump has been unapologetic about his intentions to set aside whatever legal, moral or political barricades stand in the way of his end goals.

Rule by fiat—when presidents attempt to unilaterally impose their will through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements—is an offense to the Constitution.

It was offensive when Biden did it. It was offensive when Obama did it. And it is just as offensive when Trump does it.

Already, Trump has signed more executive orders in his first month than any other president in their first 100 days.

This is not a sign of strength and leadership. This is a red flag.

In bypassing Congress in order to carry out his ambitious agenda to “make America safe again,” “make America affordable and energy dominant again,” “drain the swamp,” and “bring back American values,” the Trump Administration risks transforming the executive branch into something akin to the very entities it often criticizes: an overreaching surveillance state, a nanny state that dictates individual choices, and a police state that prioritizes compliance over freedom.

It is particularly telling that while Trump and his Musk-led Department of Government Efficiency (DOGE) are pledging to lay off huge swaths of federal employees and replace the workforce with artificial intelligence, the police state’s martial law apparatus will remain largely untouched.

This is how you prepare to lock down a nation.

This danger transcends party lines and tests the resilience of our constitutional framework. 

How far will “we the people” allow the Executive Branch to continue to expand its power at the expense of established legal principles and the rule of law?

As much as past occupants of the White House and Congress would like us to believe otherwise, winning an election is not a populist mandate for one-party rule.

This way lies totalitarianism, by way of authoritarianism, and those who insist it can’t happen here need to pay better attention.

It’s happening already.

The following are 15 benchmarks of a totalitarian regime, according to Benjamin Carlson, a former editor at The Atlantic.  

  1. Media is controlled.
  2. Dissent is equated to violence.
  3. Legal system is co-opted by the state.
  4. Power is exerted to prevent dissent.
  5. State police are directed to protect the regime, not the people.
  6. Financial, legal, and civil rights are contingent on compliance.
  7. There is a mass conformity of behaviors and beliefs.
  8. Power is concentrated in an inner ring of people and institutions.
  9. Semi-organized violence is permitted.
  10. Propaganda targets enemies of the state.
  11. Whole classes of people are scapegoated and singled out for persecution.
  12. Extra-legal action against internal enemies is condoned.
  13. Unpredictable and harsh enforcement is used against unfavored classes.
  14. The language of the constitution serves as a facade for the exercise of power.
  15. And all private and public levers of power are used to enforce adherence to state orthodoxy.

To guard against these pitfalls, we must start by understanding the rule of law, and how it functions within our system of checks and balances.

The rule of law is the principle that everyone, including the government—and the president—must obey the law, which is embodied in the U.S. Constitution.

In a nutshell, the Constitution is the social contract—the people’s contract with the government—which outlines our expectations about the role of the government and its limits, a system of checks and balances dependent on a separation of powers, and the rights of the citizenry.

America’s founders established a system of checks and balances to prevent the concentration of power in any single branch. To this end, the Constitution establishes three separate but equal branches of government: the legislative branch, which makes the law; the executive branch, which enforces the law; and the judicial branch, which interprets the law.

As constitutional scholar Linda Monk explains, “Within the separation of powers, each of the three branches of government has ‘checks and balances’ over the other two. For instance, Congress makes the laws, but the President can veto them, and the Supreme Court can declare them unconstitutional. The President enforces the law, but Congress must approve executive appointments and the Supreme Court rules whether executive action is constitutional. The Supreme Court can strike down actions by both the legislative and executive branches, but the President nominates Supreme Court justices, and the Senate confirms or denies their nominations.”

Despite Trump’s attempts to rule by fiat, nowhere in the Constitution is the president granted unilateral authority to act outside these established checks and balances, no matter how well-meaning his intentions might be or how worthy the goals (a balanced budget, safety, economic prosperity, etc.).

Writing for The Washington Post, Alan Charles Raul, general counsel of the Office of Management and Budget under Presidents Reagan and George H.W. Bush, warns that not only is Trump acting extra-constitutionally, i.e., beyond the scope of the Constitution, but he lays out the case for why DOGE itself is unconstitutional:

“The protocols of the Constitution do not permit statutorily mandated agencies and programs to be transformed — or reorganized out of existence — without congressional authorization… The radical reorganization now underway is not just footfaulting over procedural lines; it is shattering the fundamental checks and balances of our constitutional order. The DOGE process, if that is what it is, mocks two basic tenets of our government: that we are nation of laws, not men and that it is Congress which controls spending and passes legislation. The president must faithfully execute Congress’s laws and manage the executive agencies consistent with the Constitution and lawmakers’ appropriations — not by any divine right or absolute power… [T]here is no reading of the Constitution that allows any president to claim that a political mandate, or a political promise made, obviates or supersedes the role for Congress… Even under the most aggressive view of the president’s ‘unitary executive’ control over the entire executive branch and independent agencies, it is Congress’s sole authority to appropriate and legislate for our entire government… [I]n the end, the president is constitutionally stuck with the policies for the federal government that Congress enacts and appropriates. No one man in America is the law — not even a Trump or an Elon Musk.

Allowing the president to bypass established legal procedures in order to prioritize his own power over adherence to the rule of law ultimately undermines the principles of a constitutional government.

Which brings us to the present moment.

With Congress on the sidelines, the momentum is building for a constitutional showdown between the White House and the judiciary.

This is as it should be.

The job of the courts is to maintain the rule of law and serve as the referees in the power struggle between the President and Congress. That delicate balance between the three branches of government was intended to serve as a bulwark against tyranny and a deterrent to any who would overreach.

So for anyone, especially someone who has sworn to uphold and defend the Constitution, to suggest that “judges aren’t allowed to control the executive’s legitimate power” constitutes either an appalling admission of civic illiteracy or a bold-faced attempt to sidestep accountability.

When all is said and done, however, it is supposed to be “we the people” who hold the real power—not the president, not Congress, and not the courts. As the Tenth Amendment proclaims, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The government’s purpose is to serve the people, not the other way around.

Those first three words of the preamble to the Constitution say it all:

“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.”

This is a government of the people, by the people and for the people.

This is not a monarchy with an imperial ruler. It is not a theocracy with a religious order. It is not a banana republic policed by a junta. It is not a crime syndicate with a mob boss. Nor is it a democracy with mob rule.

So, what’s the answer?

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, America’s founders were very clear about what to do when the government oversteps.

Bind them down from mischief with the chains of the Constitution, advised Thomas Jefferson.

Take alarm at the first experiment on your freedoms, cautioned James Madison.

And if government leaders attempt to abuse their powers and usurp the rights of the people, get rid of them, warned the Declaration of Independence.

Source: https://tinyurl.com/bdcr9f54

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.