Constitutional Judo
By Giordano Bruno of Neithercorp Press via Zero Hedge
In all things, there exists a ‘point of balance’; a line that, if crossed, results in the sudden and expedient loss of our self-determinism and makes us subservient to the fickle whims of social, political, and physical gravity. We are “thrown” into the air, as it were, and the landing is rarely ever pleasant. The U.S. Constitution and the civil liberties it outlines is itself one of these historic points of balance. Its original purpose was to temper the most epic of grappling matches ever ignited; between the relentless constructs of government, and the individual freedoms of the common man. The ultimate problem inherent in this struggle is one of consistency, vigilance, and labor…
While the concept of the Democratic Republic and the Constitution was meant to remove suffocating class warfare from our political life and free us from the numerous dangers of elitism, invariably, those men who thirst for power over others find a way to insinuate themselves into any system, regardless of checks and balances, especially when the populace does not fulfill its necessary role as watchdog and tireless sentinel. Many Americans often assume that ‘the people’ derive their power from the Constitution, but the reality is actually reverse; the Constitution, in fact, derives its power from the people. Our duty (which some have forgotten) has always been to protect the rights and liberties inscribed on those pages of parchment. Not just to know those rights, or recite them, but to implement and defend them in our day-to-day existence. Without the constant nurturing cultural pulse of sound minds and courageous hearts, the Constitution dies.
Many in our society, instead of taking on the responsibility of preserving their freedoms, have instead handed it over to the trappings of government. The fatal error here is obvious; the corporatized and over-centralized political landscape of America’s government today does not hold the same values as the people it is determined to lord over. We have witnessed the parasitic possession of our system, know it to be corrupt, yet still seem to expect this bureaucratic monstrosity to cradle our liberties in good faith!
Government is a tool; a mechanical apparatus that can be used to either preserve freedom, or annihilate it. Its use depends upon those men who wield it, and the men who wield our government today certainly do not have the expansion of freedom in mind. In this article, we will examine the many points of contention (balancing points) brewing as our exceedingly globalist leaning political leaders overstep their bounds. Any one of these points, if allowed to falter by Americans, could throw the whole of our heritage into disarray…
Death By A Thousand Cuts
If you’ve been living at the center of the Earth for the past decade, or playing online games till daybreak battling for dominion of Castle Grayskull, then you may have missed out on the numerous attempts by our Government (under both major parties) to erode our freedoms one precious layer at a time. Some of these attempts have so far fallen flat, while others have been frighteningly successful. Here is just a sample of various recent actions and legislation designed specifically to swindle away your rights, if not the shirt right off your back:
Patriot Acts I & II: The Patriot Act is what I call “chameleon legislation”; it’s designed to be “open to interpretation” by officials and to be modified for whatever purpose they happen to deem fit at the moment. Ultimately, both Patriot Acts opened a terrible gateway to a world where any freedom is expendable, especially if it means stopping terrorists and “evil doers”. Of course, the manner in which terrorism is defined by proponents of the Patriot Act is wildly general. ANYONE could be defined as a terrorist, and any threat could be construed as a matter of national security. The true goal of this legislation was not to protect the public, but to untie the hands of the establishment when implementing further destructive actions, as well as to plant the fog of doubt into the minds of Americans as to the continued validity of the Constitution itself.
The Enemy Belligerents Act: The Enemy Belligerents Act is a perfect example of how the leadership caste of the Democrats and Republicans (who are neo-cons, not true conservatives) work in tandem to institute globalist policy. In this case, the act was introduced by the dastardly duo of John McCain and Joe Lieberman. To put it simply, this legislation, if fully imposed, would allow the government to label any person they choose, even an American citizen, as an enemy combatant. This means you could be arrested without being officially charged, imprisoned without a trial or legal council for an unspecified length of time, and no one, not even your family, would be told where you were. They should just re-name it the ‘Shanghai Act’, because it basically legalizes government piracy. The only problem is that this shanghai is less likely to end with tropical island adventure and more likely to end with you being tossed in a dark stinky hole in the middle of another Abu Ghraib surrounded by Blackwater mongoloids with a penchant for naked man dog-piles. Again, this is the kind of poison your government thinks up on a regular basis…
http://www.govtrack.us/congress/billtext.xpd?bill=h111-645
The John Warner Defense Authorization Act: A bill passed by George W. Bush in 2007 with very little initial media coverage. Allows the Federal Government at the direction of the president to subvert Posse Comitatus and use the military within the borders of the U.S. as a police force without any consent from state governments. Also gives the office of the president unprecedented powers over the National Guard. Just add any real or engineered national disaster and what you get is a perfect recipe for Hurricane Katrina deluxe. Martial Law, here we come…
http://www.govtrack.us/congress/bill.xpd?bill=h109-5122
Establishment Of Northcom: Northcom (United States Northern Command) is, at bottom, the teeth behind legislation like the John Warner Defense Act. If martial law is declared in the U.S., it will be Northcom and its assigned military units that will stand at the forefront. Northcom’s stated mission is to “defend the homeland”, supposedly against terrorism, however, much of Northcom’s focus in annual exercises like ‘Vigilant Shield’ has been to prepare for civil unrest and continuity of government. Meaning, they train under the assumption the YOU will be the enemy. The first person posted to command Northcom was General Ralph Eberhart, the same man who was in charge of NORAD on 9/11. Apparently, if you ignore available intelligence and fail completely in your assigned duties, you get a promotion in the upper echelons of the military today, unless I missed something, and he didn’t fail…
Presidential Directive 51: A presidential action shrouded in secrecy and general cloak and dagger spookiness. When ignorant yuppies accuse the Liberty Movement of “paranoia”, I always point out PDD 51, and ask them if they are at least intelligent enough to be concerned. This order was initiated by George W. Bush and continued by Barack Obama, and is designed to give the president virtual dictatorial powers during a state of “national emergency”. It dissolves all states rights and places the entire country under the purview of Northcom, and Homeland Security. The guise of “continuity of government” is used as a rationale. Also allows the president to declare a state of emergency for almost any reason. Members of Congress and even some members of Homeland Security who have requested to read the entire directive have been denied. The bill is apparently so disturbing that Obama doesn’t even want those with security clearance to view the full document. Though I’m sure there is some grey area that can be exploited where classified materials are concerned, as far as I can tell from my research, Obama’s withholding of information on a directive such as PDD 51 from Congress is wholly illegal.
http://www.fas.org/irp/offdocs/nspd/nspd-51.htm
Foreign Intelligence Surveillance Act (FISA): Supported by both Bush and Obama. The word “foreign” is highly misleading. FISA allows telecom companies to supply the personal data and communications of anyone, including Americans, to the government without threat of civil retribution (lawsuit). Under Constitutional law, any invasion of privacy by government authorities must first be approved through an individualized warrant. The person or premises to be monitored must be specified, and the reason behind the surveillance must be clearly explained. FISA does away with all of these protections to your privacy and gives free reign to government to spy on whoever they choose without any oversight whatsoever. It even allows for mass surveillance, or data collation, on entire subsections of the populace. What I find most interesting about FISA is the way in which it brazenly breaks the barrier between government and corporate power. We all know about the revolving door in Washington, but in the past, the idea of the barrier was at least somewhat maintained for appearances, if nothing else. The trick to FISA is that “technically”, it is the telecoms that are doing the actual surveillance, and not government. This is, I’m sure, the argument that will be used by the Feds if FISA is ever taken to the Supreme Court under the Fourth Amendment. The reality, though, is that the telecoms and the government are one in the same, and to treat them as two separate legal entities is to blind one’s self to the facts. Now, Mussolini’s definition of fascism (the melding of government and corporate infrastructure into a single entity with a single purpose) absolutely seems to apply to the U.S.
Big Brother Technotronic Super Villain-esqe Surveillance Grid: Ever feel like you are being watched? Get used to it, says Homeland Security! CCTV cameras have doubled in most U.S. cities over the past two years, while New York has tripled theirs in only six months. The TSA has been given invincible IRS-like goon squad status and now fondles and x-rays airport travelers at will, storing biometric data without consent and generally treating people worse than cattle. Don’t care because you don’t fly? Don’t worry! Naked body scanners are coming to bus and train stations near you! Hell, if we don’t put a stop to this horror soon, the TSA may roll scanners out on street corners.
A friend of mine was recently on a trip to Boston and went to see the U.S.S. Constitution, the oldest commissioned American war vessel still afloat. He related to me that his excitement was soon smothered when he realized visitors had to pass through metal detectors and security just to see the boat. I’m sure that the government is merely trying to prevent Al Qaeda from sneaking on board with box cutters, hijacking the ship, and sailing it into the Sears tower, causing the building to implode at near freefall speed.
The reason he was disenchanted with the experience was because he knew the metal detectors and security served little purpose, except to condition people into accepting that this was the norm. Everywhere you go, there DHS is.
Next of course would be easily tracked national ID cards, which were attempted a couple of years ago with little success under the Real ID Act. State compliance for the Real ID was postponed until May 2011, which is right around the corner. We’ll see if the states cave, or stand their ground. Finally, no surveillance society would be complete without citizen spies. Homeland Security is establishing its new “If You See Something, Say Something” campaign in your local Walmart. Yes, imagine the ghoulish face of cave troll Janet Napolitano leering down at aisle five as you attempt to save a dollar on frozen buffalo wings. She slobbers rhetoric about how you are surrounded by terrorists while you try to find that economy sized box of Count Chocula. Wouldn’t we all just feel safer?
Bailout Bills (All Variations): I find that a lot of people like to blame our current economic doomfest on one political party or the other, stumbling about in the dark in a sad attempt to trace the roots of the credit and mortgage collapse back to Obama, Bush II, Clinton, Bush I, etc. Everyone is desperate to play cheerleader for their team, not realizing that both teams are fake and almost every president since the creation of the Federal Reserve in 1913 is to blame for selling out the American people to global banks. Let’s not forget, both Obama and Bush supported bailout legislation which is now widely considered to be an abject failure. The majority of Americans according to most polls apposed these bills, and yet they were still passed. What do the bailouts have to do with the loss of Constitutional rights? When the entirety of your country’s financial future is poured into the coffers of international banking elites and your currency is subsequently debased if not destroyed, leaving you with nothing but debt and supranational centralization, it is a certainty that a total loss of your rights will soon follow.
FDA Food Safety Modernization Act S. 510: Currently being considered for passage in the House. Yet another bill written in such a way as to make it wide open for interpretation by the authorities. First of all, the FDA has never been synonymous with “safety”, considering half the products they approve end up causing cancer or shrinking your testes. They would approve rat urine for mass consumption if a company like Monsanto wanted to market it. The FDA’s true roll has been to let major corporations violate safety regulations unobstructed while ruthlessly bringing the hammer down on smaller businesses. Now, the FDA has set its aim upon not just small farms, but personal gardens!
http://www.govtrack.us/congress/bill.xpd?bill=s111-510
The bill gives the FDA far reaching powers over what it terms “food production facilities”, which are defined as “any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation”. It also places all food production under the control of Homeland Security in the event of a “national emergency” (there’s that poorly defined phrase again). I have heard some organic growers and ranchers shrug off the bill, believing that the FDA would never take advantage of the broad interpretation and bring pressure on private gardens or food trade. This kind of naivety is always astonishing to me. When has a society ever opened a door to power that its government has not taken quick advantage of? In fact, the FDA has already begun harassing the Amish, of all people, for private farm trade, even without S. 510:
http://foodfreedom.wordpress.com/2010/02/08/fda-agents-invade-amish-farm-in-pa/
These are non-commercial farms, yet the FDA believes it has the authority to dictate their food production activities. If the government is willing to set its laser guided sites on a pacifist group that still rides around in horse and buggy, then they’ll definitely have no qualms going after the rest of us.
Anti-Constitutional Arguments For Dummies
Most people enjoy the advantages of freedom and are naturally conservative towards government, whether they realize it or not. Because of the rather unsavory past actions of the neo-cons (globalists), the word “conservative” has been sullied, and is now associated with corporatism and big government. However, real conservatism has always been quite revolutionary. True conservatives believe in the principle of limited government, and individualism above collectivism, which means they usually find themselves the target of establishment fury. True conservatives are almost always in rebellion against the system, because the system is almost always operated by those who are anti-freedom. Show me a self proclaimed conservative who supports proliferation of government with a smile and I’ll show you a very confused man.
The label “Conservative” should really be interchangeable with “Constitutionalist”, and once this is understood, anti-Constitutional arguments can be viewed without the blurred distractions of the false left/right paradigm. We begin to understand that the conflict is not between Democrat and Republican, Liberal or Conservative, because those terms have been warped and their meaning eroded. The conflict we face is instead between individualists (Constitutionalists), and collectivists (globalists).
We’ve all heard the gamut of anti-Constitutional arguments in the past, but almost always through the left/right filter. Let’s set that filter aside for a moment and consider a few of them once again more objectively…
Argument 1 – The Constitution is an outdated document and is no longer practical for the modern world:
I’ve heard this argument from both sides of the aisle once again indicating that left vs. right is all fantasy. Does a good idea ever become outdated? What about inborn instincts? Can the desire for freedom ever be impractical?
The suggestion that the Constitution is “too old” is ludicrous for many reasons. First, the idea of an independent republic is painfully new compared to the long wash of human empires filled with vast stretches of feudalism and tyranny. Globalism is often touted as the next step in the cultural evolution of man, but it is really a giant leap backwards compared to Constitutionalism, representing yet another old centralist autocracy marketed in a modern way. A global feudal state is still a feudal state.
Second, the guidelines of the Constitution are built upon social necessities that have never and will never disappear. The right to speak openly one’s opinions or observations without fear of government reprisal is not a right that we will ever find ourselves too modern to appreciate. The right to bear arms and defend oneself will always be essential to a culture that wishes to prevent despotism in its various forms. The right to privacy from all people, including the government, will never be programmed out of the public entirely. Every man has an innate need to live without being examined and judged as though he were under constant suspicion. Every aspect of the Constitution is archetypal, and therefore, as much a part of us our own eyes and ears. These things do not lose their usefulness, no matter what era we live in.
Third, I have yet to see a political dynamic that is more sincere and honorable than the U.S. Constitution. I have yet to see a social concept presented as an alternative to the Constitution that does not have an ulterior motive attached. If someone, anyone, can present a new system that improves upon the Constitution while retaining the liberties described in the Constitution, I would love to see it. I hear a lot of criticism of the Constitution by globalists, but I have never seen any of them present a workable replacement that the public would respect, or willingly accept.
Argument 2 – Some rights must be given up for the greater good:
I’ll tell you a little secret; there is no “greater good”, unless you are talking about personal conscience. If your version of the “greater good” demands that you supplant your personal conscience, then it is not “greater”, and it is not “good”.
Safety is usually the catalyzing issue that leads to relinquished liberties, but safety itself is an illusion. No government can promise you true safety. Life is dangerous, and filled with the unexpected. Get over it and stop projecting your fears on the rest of us. If someone really feels that they are in immediate danger of a terrorist attack, then they should build a concrete bunker for themselves and stay in it, instead of trying to impose a collective bunker made out of unconstitutional laws and government surveillance around all of us.
Ultimately, what IS the greater good in this situation? Is it an unaccountable globalist nanny state and the dissolution of all individual and national sovereignty for the sake of a few people’s delusions of security? Maybe I’m just reckless, but I’m not buying it…
Argument 3 – National sovereignty must be removed if we are to achieve world peace:
World peace sounds very nice, I admit, but anyone who thinks removing Constitutional boundaries and bowing to globalism is the cure for war is smoking something laced with a serious amount of something. Almost every war of the past century alone has been funded, facilitated, or outright ignited by the same types of global elitists who now demand that we centralize world economic and political power into their hands to end war. This isn’t irony, it’s actually very well thought out Hegelian gaming; a sort of anti-Karma that rewards evil and punishes the respectable.
We have been led to believe that peace requires some kind of Faustian trade; freedom for harmony. But, legitimate freedom is a harbinger of peace, and nothing, not even the promise of harmony, is worth trading it away.
Argument 4 – The government could never undo Constitutional liberties because we would just vote them out:
This argument shows a serious lack of insight into how our government actually functions. As I have pointed out, most of the anti-Constitutional legislation described in this article was supported by both major parties. Therefore, it would be logical to then consider that voting out one party and replacing them with the other makes little difference as to the policies the government pursues. Unless you are voting for third party or liberty based candidates, your stop at the ballot box was a big waste of time. Sorry, that’s just reality. The people who write in Mickey Mouse have more sense than most of the voting public. The point? Elections change very little on a federal level.
The argument is also sometimes reversed by nihilists, who claim that the American public is to blame for government corruption because they voted for said politicians in the first place. Again, how the public votes has little bearing on most major elections because they have not been given a real choice. I get more excitement when deciding between Coke or Pepsi.
Argument 5 – The Founding Fathers couldn’t live up to their Constitutional ideals:
Yes, Thomas Jefferson owned slaves, and he also tried to implement a gradual emancipation for all slaves. It’s a contradiction. Jefferson, like all the Founding Fathers, was living in the midst of a revolutionary age filled with contradictions and conflict. The fact that they were able to sort through much of this and form a nation that at least aspired towards equal rights and independence is nothing short of a miracle. Washington made many mistakes, and so did Adams. In the context of the era in which they lived, they still did extraordinarily well, and this world is immensely better off because of their contributions.
This argument is perhaps the most dishonest of those I’ve heard, because it seeks to dismantle the very tangible and beneficial accomplishments of the revolutionary period by defaming men who cannot defend themselves because they are long since dead. It is successful when used to target people who know only historical events or dates but do not know more about the characters of the figures involved. That is not to say we should blindly idolize the Founding Fathers, on the contrary, we should endeavor to see them as real human beings with strengths, as well as flaws. Those flaws do not discredit what they built. What men are able to achieve in spite of their flaws is often far more meaningful and valuable than what they lose because of them.
Moral Ambiguity In Times Of Crisis
Liberty is most threatened in moments of great duress. Desperation breeds reckless abandon, and such an atmosphere is suffocating to wisdom. Each point of balance in the struggle for freedom requires considerable focus, and that focus can be twisted, flipped, and wrenched by the shock of disaster. The preservation of Constitutional rights depends greatly on our ability to maintain a sense of integrity and discipline as a culture, even when all the world seems to crumble around us.
Fear makes the insane seem reasonable. Financial collapse, war, civil unrest, all of these calamities can tempt us to silence our dissent, to do things we would not normally do, or to concede that which is precious to us. Even now, that kind of fear has led to many unfortunate compromises. The good news is, there is no freedom taken, that cannot be taken back.
The question is, how much are we willing to endure to see that our ideals survive? How hard are we willing to work? How much of our time, effort, and energy are we willing to expend? If the answer is not “all of it”, then we have failed already. What we have covered so far is the present situation, and by no means does it have to continue. When drawing a line in the sand, that line must first be drawn within. We must promise ourselves that it is here we will not bend, we will not lose balance, we will not be thrown. All liberty depends most on this.....
