Posts Tagged ‘presidential powers’

“Rights aren’t rights if someone can take them away. They’re privileges. That’s all we’ve ever had in this country is a ‘Bill of Temporary Privileges.’ And if you read the news, even badly, you know that the list gets shorter and shorter.”—George Carlin

Disguising its power grabs in the self-righteous fervor of national security, the Deep State has mastered the art of the bait-and-switch.

It works like this: first, the government foments fear about some crisis or threat to national security, then they capitalize on it by seizing greater power and using those powers against the American people.

We’ve seen this play out over and over again.

The government used its so-called War on Terror to transform itself into a police state.

Then the police state used its War on COVID-19 to claim lockdown powers.

All indications are that the government’s promised War on Illegal Immigration will be yet another sleight of hand that allows the powers-that-be to engage in greater power grabs while weakening the Constitution.

Therein lies the danger of the government’s growing addiction to power.

Whatever dangerous practices you allow the government to carry out now—whether it’s in the name of national security or protecting America’s borders or making America healthy again—inevitably, these same practices can and will be used against you when the government decides to set its sights on you.

The slippery slope that starts with illegal immigration has all the makings of a thinly veiled plot to empower the government to become the arbiter of who is deserving of rights and who isn’t.

That quickly, we could find ourselves navigating a world in which the rights enshrined in the Constitution for all persons living in the United States are transformed into privileges enjoyed only by those whom the government chooses to recognize as legitimate.

By persuading the public that non-citizens, particularly illegal immigrants, do not enjoy the same inalienable rights as law-abiding citizens (a fact refuted by the Constitution and every credible legal scholar in the country), the Deep State is leading us down a road in which all rights are transitory.

This is how you establish a hierarchy of rights, contingent on whether you belong to a favored political class.

Be warned.

At such a time as the government is emboldened to flip that switch and appoint itself the ultimate authority on which protected class of individuals gets to enjoy the rights enshrined within the Constitution, the dividing line will not be between legal citizens and illegal immigrants.

It will not even be between Republicans and Democrats.

Rather, the purpose of that line of demarcation will be to distinguish the compliant, obedient, subservient vassal of the American police state (the so-called Loyalists) from everyone else.

We’re almost at that point now.

This is how tyranny rises and freedom falls.

Here are some of the inherent dangers in allowing the government to become the arbiter of who is deserving of rights:

It leads to the erosion of universal rights. The Bill of Rights was designed to protect the fundamental rights of all persons within the United States, regardless of their citizenship status, race, religion, or any other factor. When the government starts making distinctions about who is entitled to these rights, it undermines the universality that makes them so powerful. This creates a slippery slope where rights become privileges, subject to the whims of those in power.

It gives rise to authoritarianism. History is replete with examples of governments that consolidated power by first stripping away the rights of marginalized groups. Once the principle of universal rights is breached, it becomes easier to target other groups deemed “undesirable” or “unworthy.” This paves the way for authoritarianism, where the government dictates who enjoys freedom and who does not.

It creates a two-tiered society. A hierarchy of rights inevitably leads to a two-tiered society, where some individuals enjoy full protection under the law while others are relegated to second-class status. This fosters resentment, division, and social unrest. It also creates a vulnerable population that can be easily exploited and abused.

It undermines the rule of law. The rule of law is a fundamental principle of a just society. It means that everyone is subject to the same laws and that no one is above the law. When the government selectively applies the law based on arbitrary criteria, it undermines the rule of law and erodes trust in the legal system.

It chills free speech and dissent, i.e., the right to criticize the government. When people fear that their rights are contingent on their political views or social status, they are less likely to speak out against injustice or challenge the government. This chilling effect on dissent stifles free speech and creates a climate of fear and conformity.

It contributes to the loss of moral authority. A nation that claims to champion liberty and justice for all loses its moral authority when it denies those principles to certain groups within its borders. This undermines its standing in the world and diminishes its ability to promote human rights abroad.

Remember, the erosion of inalienable rights often starts subtly, with the government chipping away at the edges of those rights for specific groups.

The pattern is subtle at first, with government officials exploiting fear and prejudice in order to target groups that are already marginalized or perceived as “outsiders.” Incrementally, the net is cast wider and wider, so that by the time the injustice is widespread enough to inspire outrage in the greater populace, it’s too late to resist.

Historic examples abound of how the government has manufactured a blatantly unjust hierarchy of rights in order to diminish certain segments of society. These run the gamut from slavery and the persecution of Native Americans to the Japanese internment camps and segregation.

More recently, we’ve seen this tactic deployed in order to justify policies that run afoul of the Constitution, ranging from immigration policies and mass surveillance programs to SWAT team raids, voting rights, and the erosion of due process.

Clearly, Martin Niemöller’s warning about the widening net that ensnares us all, a warning issued in response to the threat posed by Nazi Germany’s fascist regime, still applies.

“First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me.

This is how the slippery slope to all-out persecution starts.

It doesn’t help that growing numbers of American citizens barely know their rights. Consider that only 5% of the U.S. adults surveyed could correctly name all five rights in the First Amendment, 20% could not correctly name any, and less than one in 10 Americans know they have a right to petition the government.

Such civic illiteracy lays the groundwork for all manner of tyrannies to follow. After all, how can you defend your rights if you don’t know what those rights are?

Then again, civic illiteracy among government officials, who are entrusted with upholding and protecting the Constitution, doesn’t appear to be much better.

It was ten years ago on December 15, National Bill of Rights Day, that the U.S. Supreme Court in its 8-1 ruling in Heien v. State of North Carolina gave police in America one more ready excuse to routinely violate the laws of the land, this time under the guise of ignorance.

The Heien case, which started with an improper traffic stop based on a police officer’s ignorance of the law and ended with an unlawful search, seizure and arrest, was supposed to ensure that ignorance of the law did not become a ready excuse for government officials to routinely violate the law.

It failed to do so.

In failing to enforce the Constitution, the Court gave police the go-ahead to justify a laundry list of misconduct, from police shootings of unarmed citizens to SWAT team raids, roadside strip searches, and the tasering of vulnerable individuals with paltry excuses such as “they looked suspicious” and “she wouldn’t obey our orders.”

Ignorance of the law has become an all-too-convenient cover for all manner of abuses by government officials who should know better.

I’m not sure which is worse: government officials who know nothing about the laws they have sworn to uphold, support and defend, or a constitutionally illiterate citizenry so clueless about their rights that they don’t even know when those rights are being violated.

This much I do know, however: 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.

If there is one point on which there should be no political parsing, no legal jockeying, and no disagreement, it is this.

Then again, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, 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 233 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.

History provides chilling examples of how quickly rights can vanish, even in a nation such as ours founded on the principles of freedom. As George Carlin astutely observed:

“If you think you do have rights, next time you’re at the computer, get on the internet, go to Wikipedia. When you get to Wikipedia, in the search field for Wikipedia, I want you to type in ‘Japanese Americans 1942’ and you’ll find out all about your precious … rights. In 1942, there were 110,000 Japanese American citizens in good standing, law-abiding people, who were thrown into internment camps simply because their parents were born in the wrong country. That’s all they did wrong. They had no right to a lawyer, no right to a fair trial, no right to a jury of their peers, no right to due process of any kind. The only right they had: ‘right this way’ into the internment camps. Just when these American citizens needed their rights the most, their government took them away. And rights aren’t rights if someone can take them away.”

Remember you were warned, folks.

At the point that rights become privileges, then the Constitution and the government’s adherence to the rule of law will become optional.

Source: https://tinyurl.com/y75szpkr

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.

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

“We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force.”—Ayn Rand

The torch has been passed to a new president.

All of the imperial powers amassed by Barack Obama and George W. Bush—to kill American citizens without due process, to detain suspects indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to act as a dictator and a tyrant, above the law and beyond any real accountability—have been inherited by Donald Trump.

Whatever kind of president Trump chooses to be, he now has the power to completely alter the landscape of this country for good or for ill.

He has this power because every successive occupant of the Oval Office has been allowed to expand the reach and power of the presidency through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements that can be activated by any sitting president.

Those of us who saw this eventuality coming have been warning for years about the growing danger of the Executive Branch with its presidential toolbox of terror that could be used—and abused—by future presidents.

The groundwork, we warned, was being 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 president—or whoever happens to be occupying the Oval Office at the time—thinks. And if he or she thinks 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. In effect, you will disappear.

Our warnings went largely unheeded.

First, we sounded the alarm over George W. Bush’s attempts to gut the Constitution, suspend habeas corpus, carry out warrantless surveillance on Americans, and generally undermine the Fourth Amendment, but the Republicans didn’t want to listen because Bush was a Republican.

Then we sounded the alarm over Barack Obama’s prosecution of whistleblowers, targeted drone killings, assassinations of American citizens, mass surveillance, and militarization of the police, but the Democrats didn’t want to listen because Obama was a Democrat and he talked a really good game.

It well may be that by the time Americans­—Republicans and Democrats alike—stop playing partisan games and start putting some safeguards in place, it will be too late.

Already, Donald Trump has indicated that he will pick up where his predecessors left off: he will continue to wage war, he will continue to federalize the police, and he will operate as if the Constitution does not apply to him.

Still, as tempting as it may be, don’t blame Donald Trump for what is to come.

If this nation eventually locks down… If Americans are rounded up and detained based on the color of their skin, their religious beliefs, or their political views… If law-and-order takes precedence over constitutional principles…

If martial law is eventually declared… If we find that there really is nowhere to run and nowhere to hide from the surveillance state’s prying eyes and ears… And if our constitutional republic finally plunges headlong over the cliff and leaves us in the iron grip of totalitarianism…

Please, resist the urge to lay all the blame at Trump’s feet.

After all, President Trump didn’t create the police state.

He merely inherited it.

Frankly, there’s more than enough blame to go around.

So blame Obama. Blame Bush. Blame Bill Clinton.

Blame the Republicans and Democrats who justified every power grab, every expansion of presidential powers, and every attack on the Constitution as long as it was a member of their own party leading the charge.

Blame Congress for being a weak, inept body that spends more time running for office and pandering to the interests of the monied elite than representing the citizenry.

Blame the courts for caring more about order than justice, and for failing to hold government officials accountable to the rule of law.

Blame Corporate America for taking control of the government and calling the shots behind the scenes.

Most of all, blame the American people for not having objected louder, sooner and more vehemently when Barack Obama, George W. Bush and their predecessors laid the groundwork for this state of tyranny.

But wait, you say.

Americans are mobilizing. They are engaged. They are actively expressing their discontent with the government. They are demanding change. They are marching in the streets, picketing, protesting and engaging in acts of civil disobedience.

This is a good development, right? Isn’t this what we’ve been calling on Americans to do for so long: stand up and push back and say “enough is enough”?

Perhaps you’re right.

Perhaps Americans have finally had enough. At least, some Americans have finally had enough.

That is to say, some Americans have finally had enough of certain government practices that are illegal, immoral and inhumane.

Although, to be quite fair, it might be more accurate to state that some Americans have finally had enough of certain government practices that are illegal, immoral and inhumane provided that the ruling political party responsible for those actions is not their own.

Yes, that sounds about right. Except that it’s all wrong.

We still haven’t learned a thing.

Imagine: after more than eight years in which Americans remained largely silent while the United States military (directed by the Obama Administration) bombed parts of the Middle East to smithereens—dropping nearly three bombs an hour, and left a trail of innocent civilian deaths in its wake—suddenly, Americans are outraged by programs introduced by the Trump Administration that could discriminate against Muslim refugees. Never mind that we’ve been killing those same refugees for close to a decade.

Certainly, there was little outcry when the U.S. military under Obama carried out an air strike against a Doctors Without Borders hospital in Afghanistan. Doctors, patients—including children—and staff members were killed or wounded. There were also no protests when the Obama Administration targeted Anwar al-Awlaki, an American citizen in Yemen, for assassination by drone strike. The man was killed without ever having been charged with a crime. Two weeks later, Obama—the recipient of a Nobel Peace Prize—authorized another drone strike that killed al-Awlaki’s 16-year-old son, Abdulrahman, also an American citizen.

Most recently, picking up where President Obama left off, President Trump personally authorized a commando raid on a compound in Yemen suspected of harboring Al Qaeda officials. Among those killed were “at least eight women and seven children, ages 3 to 13,” including Nora, the 8-year-old sister of the teenager killed by Obama years before.

Likewise, while most Americans failed to show much opposition to the government’s disregard for Americans’ bodily integrity, shrugging their collective shoulders dismissively over reports of their fellow citizens being subjected Americans to roadside strip searches, virtual strip searches, cavity searches and other equally denigrating acts, hundreds of thousands mobilized to protest policies that could be advanced by the Trump administration that might demean or deny equal rights to individuals based on their gender or orientation or take away their reproductive planning choices. Similarly, while tens of thousands have gathered annually for a March for Life to oppose abortion, many of those same marchers seem to have no qualms about the government’s practice of shooting unarmed citizens and executing innocent ones.

This begs the question: what are Americans really protesting? Is it politics or principle?

Or is it just Trump?

For instance, in the midst of the uproar over Trump’s appointment of Steven Bannon to the National Security Council, his detractors have accused Bannon of being a propagandist  nationalist, and a white supremacist. Yet not one objection has been raised about the fact that the National Security Council authorizes secret, legal, targeted killings of American citizens (and others) without due process, a practice frequently employed by Obama.

The message coming across loud and clear: it’s fine for the government to carry out secret, targeted assassinations of American citizens without due process as long as the individuals advising the president aren’t Neo-Nazis.

Of course, this national hypocrisy goes both ways.

Conveniently, many of the same individuals who raised concerns over Obama’s “lawless” use of executive orders to sidestep Congress have defended Trump’s executive orders as “taking us back to the Constitution.” And those who sounded the alarm over the dangers of the American police state have gone curiously silent in the face of Trump’s pledge to put an end to “the dangerous anti-police atmosphere in America.”

We can’t have it both ways.

As long as we continue to put our politics ahead of our principles—moral, legal and constitutional—“we the people” will lose.

And you know who will keep winning by playing on our prejudices, capitalizing on our fears, deepening our distrust of our fellow citizens, and dividing us into polarized, warring camps incapable of finding consensus on the one true menace that is an immediate threat to all of our freedoms? The U.S. government.

In her essay on “The Nature of Government,” Ayn Rand explains that the only “proper” purpose of a government is the protection of individual rights. She continues: “The source of the government’s authority is ‘the consent of the governed.’ This means that the government is not the ruler, but the servant or agent of the citizens; it means that the government as such has no rights except the rights delegated to it by the citizens for a specific purpose.”

When we lose sight of this true purpose of government—to protect our rights—and fail to keep the government in its place as our servant, we allow the government to overstep its bounds and become a tyrant that rules by brute force.

As Rand explains:

Instead of being a protector of man’s rights, the government is becoming their most dangerous violator; instead of guarding freedom, the government is establishing slavery; instead of protecting men from the initiators of physical force, the government is initiating physical force and coercion in any manner and issue it pleases; instead of serving as the instrument of objectivity in human relationships, the government is creating a deadly, subterranean reign of uncertainty and fear, by means of nonobjective laws whose interpretation is left to the arbitrary decisions of random bureaucrats; instead of protecting men from injury by whim, the government is arrogating to itself the power of unlimited whim—so that we are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force.

Rule by brute force.

That’s about as good a description as you’ll find for the sorry state of our republic.

SWAT teams crashing through doors. Militarized police shooting unarmed citizens. Traffic cops tasering old men and pregnant women for not complying fast enough with an order. Resource officers shackling children for acting like children. Citizens being jailed for growing vegetable gardens in their front yards and holding prayer services in their backyards. Drivers having their cash seized under the pretext that they might have done something wrong.

The list of abuses being perpetrated against the American people by their government is growing rapidly.

We are approaching critical mass.

Battlefield_Cover_300As I make clear in my book Battlefield America: The War on the American People, it may already be too late to save our republic. We have passed the point of easy fixes. When the government and its agents no longer respect the rule of law—the Constitution—or believe that it applies to them, then the very contract on which this relationship is based becomes invalid.

So what is the answer?

Look to the past if you want to understand the future.

Too often, we look to the past to understand how tyrants come to power: the rise and fall of the Roman Empire; Hitler’s transformation of Germany into a Nazi state; the witch hunt tactics of the McCarthy Era.

Yet the past—especially our own American history—also teaches us valuable lessons about the quest for freedom. Here’s Rand again:

A free society—like any other human product—cannot be achieved by random means, by mere wishing or by the leaders’ “good intentions.” A complex legal system, based on objectively valid principles, is required to make a society free and to keep it free-a system that does not depend on the motives, the moral character or the intentions of any given official, a system that leaves no opportunity, no legal loophole for the development of tyranny. The American system of checks and balances was just such an achievement. And although certain contradictions in the Constitution did leave a loophole for the growth of statism, the incomparable achievement was the concept of a constitution as a means of limiting and restricting the power of the government. Today, when a concerted effort is made to obliterate this point, it cannot be repeated too often that the Constitution is a limitation on the government, not on private individuals—that it does not prescribe the conduct of private individuals, only the conduct of the government—that it is not a charter for government power, but a charter of the citizens’ protection against the government.

You want to save America? Then stop thinking like Republicans and Democrats and start acting like Americans.

The only thing that will save us now is a concerted, collective commitment to the Constitution’s principles of limited government, a system of checks and balances, and a recognition that they—the president, Congress, the courts, the military, the police, the technocrats and plutocrats and bureaucrats—work for us.

WC: 2381

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

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John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.