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Gary Edwards

Bill of Rights: Alexander Hamilton, Federalist, no. 84, 575--81 - 0 views

  • The most considerable of these remaining objections is, that the plan of the convention contains no bill of rights. Among other answers given to this, it has been upon different occasions remarked, that the constitutions of several of the states are in a similar predicament.
  • It has been several times truly remarked, that bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince.
  • It is evident, therefore, that according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants.
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  • the people surrender nothing, and as they retain every thing, they have no need of particular reservations.
  • I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretence for claiming that power.
  • I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted.
  • For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?
  • "We the people of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America."
  • The truth is, after all the declamation we have heard, that the constitution is itself in every rational sense, and to every useful purpose, A BILL OF RIGHTS
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    University of Chicago publication on the Web of all Federalist Papers.  The question i was researching had to do with Michael Hickens comparison of Hamilton to FDR (Franklin Delano Roosevelt).  I was looking for some are where there might be some measure of "agreement" between Hamilton and FDR. Hamilton of course is known as a great defender of personal liberty, LIMITED government, and the importance of ENUMERATED powers in the Constitution.  In this paper he argues that the call for a Bill of Rights added to the proposed Constitution is uneccessary exactly because the people did not grant to the government the powers to infringe or take away any freedoms/rights to begin with.  He further argues that enumerating these "rights" would suggest that somehow the federal government would have this power!  Even though it's enumerated in the Constitution.  So why write an enumerated Constitution if you have to further enumerate the rights of the people beyond the limits of government? FDR of course is the great statist/socialist who believed that the Constitution doesn't go far enough in it's obligations to CARE for the people's needs.  So FDR proposed a second Bill of Rights that expanded the governments responsibilities and POWER to provide for damn near every physical and material need a person might ever have.   Two interesting "value statements" to consider.  Guess which one would be supported by that great Federalist, Hamilton.  And which by that great statist/socialist, FDR? Karl Marx: "From each, according to his ability; to each, according to his need" The Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, " And then there's t
Gary Edwards

75 Economic Numbers From 2012 That Are Almost Too Crazy To Believe - 0 views

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    Thanks to Marbux we have this extraordinary collection of facts and figures describing the economic catastrophe that has hit the USA.  excerpt: "What a year 2012 has been!  The mainstream media continues to tell us what a "great job" the Obama administration and the Federal Reserve are doing of managing the economy, but meanwhile things just continue to get even worse for the poor and the middle class.  It is imperative that we educate the American people about the true condition of our economy and about why all of this is happening.  If nothing is done, our debt problems will continue to get worse, millions of jobs will continue to leave the country, small businesses will continue to be suffocated, the middle class will continue to collapse, and poverty in the United States will continue to explode.  Just "tweaking" things slightly is not going to fix our economy.  We need a fundamental change in direction.  Right now we are living in a bubble of debt-fueled false prosperity that allows us to continue to consume far more wealth than we produce, but when that bubble bursts we are going to experience the most painful economic "adjustment" that America has ever gone through.  We need to be able to explain to our fellow Americans what is coming, why it is coming and what needs to be done.  Hopefully the crazy economic numbers that I have included in this article will be shocking enough to wake some people up. The end of the year is a time when people tend to gather with family and friends more than they do during the rest of the year.  Hopefully many of you will use the list below as a tool to help start some conversations about the coming economic collapse with your loved ones.  Sadly, most Americans still tend to doubt that we are heading into economic oblivion.  So if you have someone among your family and friends that believes that everything is going to be "just fine", just show them these numbers.  They are a good summary of the problems that the U
Paul Merrell

CURIA - Documents - 0 views

  • 37      It must be stated that the interference caused by Directive 2006/24 with the fundamental rights laid down in Articles 7 and 8 of the Charter is, as the Advocate General has also pointed out, in particular, in paragraphs 77 and 80 of his Opinion, wide-ranging, and it must be considered to be particularly serious. Furthermore, as the Advocate General has pointed out in paragraphs 52 and 72 of his Opinion, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the minds of the persons concerned the feeling that their private lives are the subject of constant surveillance.
  • 43      In this respect, it is apparent from recital 7 in the preamble to Directive 2006/24 that, because of the significant growth in the possibilities afforded by electronic communications, the Justice and Home Affairs Council of 19 December 2002 concluded that data relating to the use of electronic communications are particularly important and therefore a valuable tool in the prevention of offences and the fight against crime, in particular organised crime. 44      It must therefore be held that the retention of data for the purpose of allowing the competent national authorities to have possible access to those data, as required by Directive 2006/24, genuinely satisfies an objective of general interest.45      In those circumstances, it is necessary to verify the proportionality of the interference found to exist.46      In that regard, according to the settled case-law of the Court, the principle of proportionality requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not exceed the limits of what is appropriate and necessary in order to achieve those objectives (see, to that effect, Case C‑343/09 Afton Chemical EU:C:2010:419, paragraph 45; Volker und Markus Schecke and Eifert EU:C:2010:662, paragraph 74; Cases C‑581/10 and C‑629/10 Nelson and Others EU:C:2012:657, paragraph 71; Case C‑283/11 Sky Österreich EU:C:2013:28, paragraph 50; and Case C‑101/12 Schaible EU:C:2013:661, paragraph 29).
  • 67      Article 7 of Directive 2006/24, read in conjunction with Article 4(1) of Directive 2002/58 and the second subparagraph of Article 17(1) of Directive 95/46, does not ensure that a particularly high level of protection and security is applied by those providers by means of technical and organisational measures, but permits those providers in particular to have regard to economic considerations when determining the level of security which they apply, as regards the costs of implementing security measures. In particular, Directive 2006/24 does not ensure the irreversible destruction of the data at the end of the data retention period.68      In the second place, it should be added that that directive does not require the data in question to be retained within the European Union, with the result that it cannot be held that the control, explicitly required by Article 8(3) of the Charter, by an independent authority of compliance with the requirements of protection and security, as referred to in the two previous paragraphs, is fully ensured. Such a control, carried out on the basis of EU law, is an essential component of the protection of individuals with regard to the processing of personal data (see, to that effect, Case C‑614/10 Commission v Austria EU:C:2012:631, paragraph 37).69      Having regard to all the foregoing considerations, it must be held that, by adopting Directive 2006/24, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter.
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  • 58      Directive 2006/24 affects, in a comprehensive manner, all persons using electronic communications services, but without the persons whose data are retained being, even indirectly, in a situation which is liable to give rise to criminal prosecutions. It therefore applies even to persons for whom there is no evidence capable of suggesting that their conduct might have a link, even an indirect or remote one, with serious crime. Furthermore, it does not provide for any exception, with the result that it applies even to persons whose communications are subject, according to rules of national law, to the obligation of professional secrecy. 59      Moreover, whilst seeking to contribute to the fight against serious crime, Directive 2006/24 does not require any relationship between the data whose retention is provided for and a threat to public security and, in particular, it is not restricted to a retention in relation (i) to data pertaining to a particular time period and/or a particular geographical zone and/or to a circle of particular persons likely to be involved, in one way or another, in a serious crime, or (ii) to persons who could, for other reasons, contribute, by the retention of their data, to the prevention, detection or prosecution of serious offences.
  • 1        These requests for a preliminary ruling concern the validity of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).
  • Digital Rights Ireland Ltd (C‑293/12)vMinister for Communications, Marine and Natural Resources,Minister for Justice, Equality and Law Reform,Commissioner of the Garda Síochána,Ireland,The Attorney General,intervener:Irish Human Rights Commission, andKärntner Landesregierung (C‑594/12),Michael Seitlinger,Christof Tschohl and others,
  • JUDGMENT OF THE COURT (Grand Chamber)8 April 2014 (*)(Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union)In Joined Cases C‑293/12 and C‑594/12,
  • 34      As a result, the obligation imposed by Articles 3 and 6 of Directive 2006/24 on providers of publicly available electronic communications services or of public communications networks to retain, for a certain period, data relating to a person’s private life and to his communications, such as those referred to in Article 5 of the directive, constitutes in itself an interference with the rights guaranteed by Article 7 of the Charter. 35      Furthermore, the access of the competent national authorities to the data constitutes a further interference with that fundamental right (see, as regards Article 8 of the ECHR, Eur. Court H.R., Leander v. Sweden, 26 March 1987, § 48, Series A no 116; Rotaru v. Romania [GC], no. 28341/95, § 46, ECHR 2000-V; and Weber and Saravia v. Germany (dec.), no. 54934/00, § 79, ECHR 2006-XI). Accordingly, Articles 4 and 8 of Directive 2006/24 laying down rules relating to the access of the competent national authorities to the data also constitute an interference with the rights guaranteed by Article 7 of the Charter. 36      Likewise, Directive 2006/24 constitutes an interference with the fundamental right to the protection of personal data guaranteed by Article 8 of the Charter because it provides for the processing of personal data.
  • 65      It follows from the above that Directive 2006/24 does not lay down clear and precise rules governing the extent of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter. It must therefore be held that Directive 2006/24 entails a wide-ranging and particularly serious interference with those fundamental rights in the legal order of the EU, without such an interference being precisely circumscribed by provisions to ensure that it is actually limited to what is strictly necessary.66      Moreover, as far as concerns the rules relating to the security and protection of data retained by providers of publicly available electronic communications services or of public communications networks, it must be held that Directive 2006/24 does not provide for sufficient safeguards, as required by Article 8 of the Charter, to ensure effective protection of the data retained against the risk of abuse and against any unlawful access and use of that data. In the first place, Article 7 of Directive 2006/24 does not lay down rules which are specific and adapted to (i) the vast quantity of data whose retention is required by that directive, (ii) the sensitive nature of that data and (iii) the risk of unlawful access to that data, rules which would serve, in particular, to govern the protection and security of the data in question in a clear and strict manner in order to ensure their full integrity and confidentiality. Furthermore, a specific obligation on Member States to establish such rules has also not been laid down.
  • 60      Secondly, not only is there a general absence of limits in Directive 2006/24 but Directive 2006/24 also fails to lay down any objective criterion by which to determine the limits of the access of the competent national authorities to the data and their subsequent use for the purposes of prevention, detection or criminal prosecutions concerning offences that, in view of the extent and seriousness of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter, may be considered to be sufficiently serious to justify such an interference. On the contrary, Directive 2006/24 simply refers, in Article 1(1), in a general manner to serious crime, as defined by each Member State in its national law.61      Furthermore, Directive 2006/24 does not contain substantive and procedural conditions relating to the access of the competent national authorities to the data and to their subsequent use. Article 4 of the directive, which governs the access of those authorities to the data retained, does not expressly provide that that access and the subsequent use of the data in question must be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions relating thereto; it merely provides that each Member State is to define the procedures to be followed and the conditions to be fulfilled in order to gain access to the retained data in accordance with necessity and proportionality requirements.
  • 55      The need for such safeguards is all the greater where, as laid down in Directive 2006/24, personal data are subjected to automatic processing and where there is a significant risk of unlawful access to those data (see, by analogy, as regards Article 8 of the ECHR, S. and Marper v. the United Kingdom, § 103, and M. K. v. France, 18 April 2013, no. 19522/09, § 35).56      As for the question of whether the interference caused by Directive 2006/24 is limited to what is strictly necessary, it should be observed that, in accordance with Article 3 read in conjunction with Article 5(1) of that directive, the directive requires the retention of all traffic data concerning fixed telephony, mobile telephony, Internet access, Internet e-mail and Internet telephony. It therefore applies to all means of electronic communication, the use of which is very widespread and of growing importance in people’s everyday lives. Furthermore, in accordance with Article 3 of Directive 2006/24, the directive covers all subscribers and registered users. It therefore entails an interference with the fundamental rights of practically the entire European population. 57      In this respect, it must be noted, first, that Directive 2006/24 covers, in a generalised manner, all persons and all means of electronic communication as well as all traffic data without any differentiation, limitation or exception being made in the light of the objective of fighting against serious crime.
  • 62      In particular, Directive 2006/24 does not lay down any objective criterion by which the number of persons authorised to access and subsequently use the data retained is limited to what is strictly necessary in the light of the objective pursued. Above all, the access by the competent national authorities to the data retained is not made dependent on a prior review carried out by a court or by an independent administrative body whose decision seeks to limit access to the data and their use to what is strictly necessary for the purpose of attaining the objective pursued and which intervenes following a reasoned request of those authorities submitted within the framework of procedures of prevention, detection or criminal prosecutions. Nor does it lay down a specific obligation on Member States designed to establish such limits. 63      Thirdly, so far as concerns the data retention period, Article 6 of Directive 2006/24 requires that those data be retained for a period of at least six months, without any distinction being made between the categories of data set out in Article 5 of that directive on the basis of their possible usefulness for the purposes of the objective pursued or according to the persons concerned.64      Furthermore, that period is set at between a minimum of 6 months and a maximum of 24 months, but it is not stated that the determination of the period of retention must be based on objective criteria in order to ensure that it is limited to what is strictly necessary.
  • 52      So far as concerns the right to respect for private life, the protection of that fundamental right requires, according to the Court’s settled case-law, in any event, that derogations and limitations in relation to the protection of personal data must apply only in so far as is strictly necessary (Case C‑473/12 IPI EU:C:2013:715, paragraph 39 and the case-law cited).53      In that regard, it should be noted that the protection of personal data resulting from the explicit obligation laid down in Article 8(1) of the Charter is especially important for the right to respect for private life enshrined in Article 7 of the Charter.54      Consequently, the EU legislation in question must lay down clear and precise rules governing the scope and application of the measure in question and imposing minimum safeguards so that the persons whose data have been retained have sufficient guarantees to effectively protect their personal data against the risk of abuse and against any unlawful access and use of that data (see, by analogy, as regards Article 8 of the ECHR, Eur. Court H.R., Liberty and Others v. the United Kingdom, 1 July 2008, no. 58243/00, § 62 and 63; Rotaru v. Romania, § 57 to 59, and S. and Marper v. the United Kingdom, § 99).
  • 26      In that regard, it should be observed that the data which providers of publicly available electronic communications services or of public communications networks must retain, pursuant to Articles 3 and 5 of Directive 2006/24, include data necessary to trace and identify the source of a communication and its destination, to identify the date, time, duration and type of a communication, to identify users’ communication equipment, and to identify the location of mobile communication equipment, data which consist, inter alia, of the name and address of the subscriber or registered user, the calling telephone number, the number called and an IP address for Internet services. Those data make it possible, in particular, to know the identity of the person with whom a subscriber or registered user has communicated and by what means, and to identify the time of the communication as well as the place from which that communication took place. They also make it possible to know the frequency of the communications of the subscriber or registered user with certain persons during a given period. 27      Those data, taken as a whole, may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained, such as the habits of everyday life, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them.
  • 32      By requiring the retention of the data listed in Article 5(1) of Directive 2006/24 and by allowing the competent national authorities to access those data, Directive 2006/24, as the Advocate General has pointed out, in particular, in paragraphs 39 and 40 of his Opinion, derogates from the system of protection of the right to privacy established by Directives 95/46 and 2002/58 with regard to the processing of personal data in the electronic communications sector, directives which provided for the confidentiality of communications and of traffic data as well as the obligation to erase or make those data anonymous where they are no longer needed for the purpose of the transmission of a communication, unless they are necessary for billing purposes and only for as long as so necessary.
  • On those grounds, the Court (Grand Chamber) hereby rules:Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC is invalid.
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    EU Court of Justice decision in regard to a Directive that required communications data retention by telcos/ISPs, finding the Directive invalid as a violation of the right of privacy in communications. Fairly read, paragraph 59 outlaws bulk collection of such records, i.e., it requires the equivalent of a judge-issued search warrant in the U.S. based on probable cause to believe that the particular individual's communications are a legitimate object of a search.  Note also that paragraph 67 effectively forbids transfer of any retained data outside the E.U. So a barrier for NSA sharing of data with GCHQ derived from communications NSA collects from EU communications traffic. Bye-bye, Big Data for GCHQ in the E.U. 
Gary Edwards

Rand Paul's Tea Party Response: Full Text - 0 views

  • With my five-year budget, millions of jobs would be created by cutting the corporate income tax in half, by creating a flat personal income tax of 17%, and by cutting the regulations that are strangling American businesses.
  • America has much greatness left in her. We will begin to thrive again when we begin to believe in ourselves again, when we regain our respect for our founding documents, when we balance our budget, when we understand that capitalism and free markets and free individuals are what creates our nation’s prosperity.
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    Outstanding statement about what made America great, an dhow are government is destroying that greatness.  This is the full Text of Sen. Rand Paul's Tea Party Response to Obama's State of the Union Address: I speak to you tonight from Washington, D.C. The state of our economy is tenuous but our people remain the greatest example of freedom and prosperity the world has ever known. People say America is exceptional. I agree, but it's not the complexion of our skin or the twists in our DNA that make us unique. America is exceptional because we were founded upon the notion that everyone should be free to pursue life, liberty, and happiness. For the first time in history, men and women were guaranteed a chance to succeed based NOT on who your parents were but on your own initiative and desire to work. We are in danger, though, of forgetting what made us great. The President seems to think the country can continue to borrow $50,000 per second. The President believes that we should just squeeze more money out of those who are working. The path we are on is not sustainable, but few in Congress or in this Administration seem to recognize that their actions are endangering the prosperity of this great nation. Ronald Reagan said, government is not the answer to the problem, government is the problem. Tonight, the President told the nation he disagrees. President Obama believes government is the solution: More government, more taxes, more debt. What the President fails to grasp is that the American system that rewards hard work is what made America so prosperous. What America needs is not Robin Hood but Adam Smith. In the year we won our independence, Adam Smith described what creates the Wealth of Nations. He described a limited government that largely did not interfere with individuals and their pursuit of happiness. All that we are, all that we wish to be is now threatened by the notion that you can have something for nothing, that you can have your cake and ea
Paul Merrell

A Zombie Bill Comes Back to Life: A Look at The Senate's Cybersecurity Information Shar... - 0 views

  • The Senate Intelligence Committee recently introduced the Cybersecurity Information Sharing Act of 2014. It’s the fourth time in four years that Congress has tried to pass "cybersecurity" legislation. Unfortunately, the newest Senate bill is one of the worst yet. Cybersecurity bills aim to facilitate information sharing between companies and the government, but they always seem to come with broad immunity clauses for companies, vague definitions, and aggressive spying powers. Given such calculated violence to users' privacy rights, it’s no surprise that these bills fail every year. What is a surprise is that the bills keep coming back from the dead. Last year, President Obama signed Executive Order 13636 (EO 13636) directing the Department of Homeland Security (DHS) to expand current information sharing programs that are far more privacy protective than anything seen in recent cybersecurity bills. Despite this, members of Congress like Rep. Mike Rogers and Senator Dianne Feinstein keep on introducing bills that would destroy these privacy protections and grant new spying powers to companies.
  • Aside from its redundancy, the Senate's bill grants two new authorities to companies. First, the bill authorizes companies to launch countermeasures for a "cybersecurity purpose" against a "cybersecurity threat." "Cybersecurity purpose" is so broadly defined that it means almost anything related to protecting (including physically protecting) an information system, which can be a computer or software. The same goes for a "cybersecurity threat," which includes anything that "may result" in an unauthorized effort to impact the availability of the information system. Combined, the two definitions could be read by companies to permit attacks on machines that unwittingly contribute to network congestion. The countermeasures clause will increasingly militarize the Internet—a prospect that may appeal to some "active defense" (aka offensive) cybersecurity companies, but does not favor the everyday user. Second, the bill adds a new authority for companies to monitor information systems to protect an entity's rights or property. Here again, the broad definitions could be used in conjunction with the monitoring clause to spy on users engaged in potentially innocuous activity. Once collected, companies can then share the information, which is also called “cyber threat indicators,” freely with government agencies like the NSA.
  • Such sharing will occur because under this bill, DHS would no longer be the lead agency making decisions about the cybersecurity information received, retained, or shared to companies or within the government. Its new role in the bill mandates DHS send information to agencies like the NSA—"in real-time and simultaneous[ly]." DHS is even barred from "delay[ing]" or "interfer[ing]" with the information, which ensures that DHS's current privacy protections won’t be applied to the information. The provision is ripe for improper and over-expansive information sharing. This leads to a question: What stops your sensitive personal information from being shared by companies to the government? Almost nothing. Companies must only remove personally identifiable information if the information is known to be US person information and not directly related to the threat. Such a willful blindness approach is inappropriate. Further, the bill does not even impose this weak minimization requirement on information shared by, and within, the government (including federal, state, local, and tribal governments) thereby allowing the government to share information containing personally identifiable information. The bill should require deletion of all information not directly related to a threat.
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  • Once the information is sent to a government agency, it can use the information for reasons other than for cybersecurity purposes. One clause even allows the information to be used to prosecute violations of the Espionage Act—a World War I era law that was meant to prosecute spies but has been used in recent years primarily to go after journalists’ sources. The provisions grant the government far too much leeway in how to use the information for non-cybersecurity purposes. The public won’t even know what information is being collected, shared, or used because the bill will exempt all of it from disclosure under the Freedom of Information Act.
  • The bill also retains near-blanket immunity for companies to monitor information systems, to share information, and to use countermeasures. The high bar immunizes an incredible amount of activity, including negligent damage to property and may deprive private entities of legal recourse if a computer security contractor is at fault for destruction of property. Existing private rights of action for violations of the Wiretap Act, Stored Communications Act, and the Computer Fraud and Abuse Act would be precluded or at least sharply restricted by the clause. It remains to be seen why such immunity is needed when just a few months ago, the FTC and DOJ noted they would not prosecute companies for sharing such information. It's also unclear because we continue to see companies freely share information among each other and with the government both publicly via published reports and privately.
Gary Edwards

Obama gives himself control of all communication systems in America - RT - 0 views

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    Awful stuff.  Another Obama executive order suspending the Constitution and terminating the Bill of Rights. Revoking the right of habeas corpus is unconstitutional. So is declaring a national emergency without congressional approval. The Constitution declares, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." While Congress has passed many an unConstitutional Law regarding "National Emergency Powers", there is nothing in the Constitution granting any branch of the Federal government to tear up the Constitution and Bill of Rights.  Atrocities like FiSA, The Military Commissions Act, NSP51, HSPD20, the John Warner Defense Authorization Act, the National Emergencies Act, and the Patriot Act are un Constitutional to the core.   Only the American people, through their representatives in Congress, can declare a national emergency.  With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency.  Many statist seeking to breach the Constitution and Bill of Rights argue that the granting of emergency powers by Congress is implicit in its Article I, section 8 authority to "provide for the common Defense and general Welfare," the commerce clause, its war, armed forces, and militia powers, and the "necessary and proper" clause empowering it to make such laws as are required to fulfill the executions of "the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." But this issue of "implied" powers defies an actual reading of the Constitution, and seeks to breach the meaning of that most basic of all Madisonian  Constitutional concepts embedded into the framework of limited government: "enumerated powers".  The United States is a government of enumerated powers.  N
Gary Edwards

Google News - 0 views

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    WOW!!! Incredible presentation concerning the history of Freedom vs. Tyranny. WOW!! If ever there's a MUST Watch, this is it. Very impressive and sweeping comparison of how authoritarian collectivist seize power in a free society and establish their tyrannies. My notes are listed below: How to recognize potential tyrants and keep them from seizing power. The urge to save humanity is always used to justify those who want to rule humanity. - ML Menken Daniel Webster on the Constitution Obstacles to Tyranny : Limited powers of government .... Due Process .... Presumption of Innocence .... Freedom to Dissent .... Armed Populace: The right to be Armed! Due Process .... 5th Amendment .... Emergency powers. there is no authorization in the US Constitution to suspend Due Process or any aspect of the Bill of Rights .... Asset Seizure Laws for criminal activities (alleged - without warrant or court order) .... Eminent Domain: seizure of private property for government uses: 2005 Kelo vs New London seizure based on jobs (economy) and tax revenue possibilities. .... 6th Amendment - right to trial by jury : plea bargaining admonition based on facing the awesome power of the government to prosecute no matter what - intimidation and threat of personal destruction. .... Forced confessions through plea bargaining. .... Indefinite detention without trial or charges: President has power to kill or issue orders without warrant, charges or trial .... Presumption of Innocence: Probable Cause .... Random stops at Border check points. 5th Amendment protections violated .... Sobriety Check Points: 4th and 5th Amendments violated - no presumption of innocence .... Random detention and questioning: airport security pat downs, housing projects, bus transportation .... The Right to Privacy: financial transactions and the IRS audit (without warrant or accusation) .... Warrant-less Spying .... Agents writing their own search warrants .... Snatch and Peek Freedom to Disse
Paul Merrell

Senate majority whip: Cyber bill will have to wait until fall | TheHill - 0 views

  • Senate Majority Whip John Cornyn (R-Texas) on Tuesday said the upper chamber is unlikely to move on a stalled cybersecurity bill before the August recess.Senate Republican leaders, including Cornyn, had been angling to get the bill — known as the Cybersecurity Information Sharing Act (CISA) — to the floor this month.ADVERTISEMENTBut Cornyn said that there is simply too much of a time crunch in the remaining legislative days to get to the measure, intended to boost the public-private exchange of data on hackers.  “I’m sad to say I don’t think that’s going to happen,” he told reporters off the Senate floor. “The timing of this is unfortunate.”“I think we’re just running out time,” he added.An aide for Senate Majority Leader Mitch McConnell (R-Ky.) said he had not committed to a specific schedule after the upper chamber wraps up work in the coming days on a highway funding bill.Cornyn said Senate leadership will look to move on the bill sometime after the legislature returns in September from its month-long break.
  • The move would delay yet again what’s expected to be a bruising floor fight about government surveillance and digital privacy rights.“[CISA] needs a lot of work,” Sen. Patrick Leahy (D-Vt.), who currently opposes the bill, told The Hill on Tuesday. “And when it comes up, there’s going to have to be a lot of amendments otherwise it won’t pass.”Despite industry support, broad bipartisan backing, and potentially even White House support, CISA has been mired in the Senate for months over privacy concerns.Civil liberties advocates worry the bill would create another venue for the government’s intelligence wing to collect sensitive data on Americans only months after Congress voted to rein in surveillance powers.But industry groups and many lawmakers insist a bolstered data exchange is necessary to better understand and counter the growing cyber threat. Inaction will leave government and commercial networks exposed to increasingly dangerous hackers, they say.Sen. Ron Wyden (D-Ore.), who has been leading the chorus opposing the bill, rejoiced Tuesday after hearing of the likely delay.
  • “I really want to commend the advocates for the tremendous grassroots effort to highlight the fact that this bill was badly flawed from a privacy standpoint,” he told The Hill.Digital rights and privacy groups are blanketing senators’ offices this week with faxes and letters in an attempt to raise awareness of bill’s flaws.“Our side has picked up an enormous amount of support,” Wyden said.Wyden was the only senator to vote against CISA in the Senate Intelligence Committee. The panel approved the measure in March by a 14-1 vote and it looked like CISA was barrelling toward the Senate floor.After the House easily passed its companion pieces of legislation, CISA’s odds only seemed better.But the measure got tied up in the vicious debate over the National Security Agency's (NSA) spying powers that played out throughout April and May.“It’s like a number of these issues, in the committee the vote was 14-1, everyone says, ‘oh, Ron Wyden opposes another bipartisan bill,’” Wyden said Tuesday. “And I said, ‘People are going to see that this is a badly flawed bill.’”
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  • CISA backers hoped that the ultimate vote to curb the NSA’s surveillance authority might quell some of the privacy fears surrounding CISA, clearing a path to passage. But numerous budget debates and the Iranian nuclear deal have chewed up much of the Senate’s floor time throughout June and July.  Following the devastating hacks at the Office of Personnel Management (OPM), Senate Republican leaders tried to jump CISA in the congressional queue by offering its language as an amendment to a defense authorization bill.Democrats — including the bill’s original co-sponsor Sen. Dianne Feinstein (D-Calif.) — revolted, angry they could not offer amendments to CISA’s language before it was attached to the defense bill.Cornyn on Tuesday chastised Democrats for stalling a bill that many of them favor.“As you know, Senate Democrats blocked that before on the defense authorization bill,” Cornyn said. “So we had an opportunity to do it then.”Now it’s unclear when the Senate will have another opportunity.When it does, however, CISA could have the votes to get through.
  • There will be vocal opposition from senators like Wyden and Leahy, and potentially from anti-surveillance advocates like Sens. Rand Paul (R-Ky.), Mike Lee (R-Utah) and Dean Heller (R-Nev.).But finding 40 votes to block the bill completely will be a difficult task.Wyden said he wouldn’t “get into speculation” about whether he could gather the support to stop CISA altogether.“I’m pleased about the progress that we’ve made,” he said.
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    NSA and crew decide to delay and try later with CISA. The Internet strikes back again.
Paul Merrell

Congress Is Irrelevant on Mass Surveillance. Here's What Matters Instead. - The Intercept - 0 views

  • The “USA Freedom Act”—the proponents of which were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill. The “debate” among the Senators that preceded the vote was darkly funny and deeply boring, in equal measure. The black humor was due to the way one GOP senator after the next—led by ranking intelligence committee member Saxby Chambliss of Georgia (pictured above)—stood up and literally screeched about 9/11 and ISIS over and over and over, and then sat down as though they had made a point.
  • So the pro-NSA Republican senators were actually arguing that if the NSA were no longer allowed to bulk-collect the communication records of Americans inside the U.S., then ISIS would kill you and your kids. But because they were speaking in an empty chamber and only to their warped and insulated D.C. circles and sycophantic aides, there was nobody there to cackle contemptuously or tell them how self-evidently moronic it all was. So they kept their Serious Faces on like they were doing The Nation’s Serious Business, even though what was coming out of their mouths sounded like the demented ramblings of a paranoid End is Nigh cult. The boredom of this spectacle was simply due to the fact that this has been seen so many times before—in fact, every time in the post-9/11 era that the U.S. Congress pretends publicly to debate some kind of foreign policy or civil liberties bill. Just enough members stand up to scream “9/11″ and “terrorism” over and over until the bill vesting new powers is passed or the bill protecting civil liberties is defeated.
  • Eight years ago, when this tawdry ritual was still a bit surprising to me, I live-blogged the 2006 debate over passage of the Military Commissions Act, which, with bipartisan support, literally abolished habeas corpus rights established by the Magna Carta by sanctioning detention without charges or trial. (My favorite episode there was when GOP Sen. Arlen Specter warned that “what the bill seeks to do is set back basic rights by some nine hundred years,” and then voted in favor of its enactment.) In my state of naive disbelief, as one senator after the next thundered about the “message we are sending” to “the terrorists,” I wrote: “The quality of the ‘debate’ on the Senate floor is so shockingly (though appropriately) low and devoid of substance that it is hard to watch.” So watching last night’s Senate debate was like watching a repeat of some hideously shallow TV show. The only new aspect was that the aging Al Qaeda villain has been rather ruthlessly replaced by the show’s producers with the younger, sleeker ISIS model. Showing no gratitude at all for the years of value it provided these senators, they ignored the veteran terror group almost completely in favor of its new replacement. And they proceeded to save a domestic surveillance program clearly unpopular among those they pretend to represent.
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  • Ever since the Snowden reporting began and public opinion (in both the U.S. and globally) began radically changing, the White House’s strategy has been obvious. It’s vintage Obama: Enact something that is called “reform”—so that he can give a pretty speech telling the world that he heard and responded to their concerns—but that in actuality changes almost nothing, thus strengthening the very system he can pretend he “changed.” That’s the same tactic as Silicon Valley, which also supported this bill: Be able to point to something called “reform” so they can trick hundreds of millions of current and future users around the world into believing that their communications are now safe if they use Facebook, Google, Skype and the rest. In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Those limitations are going to come from—are now coming from —very different places:
  • All of that illustrates what is, to me, the most important point from all of this: the last place one should look to impose limits on the powers of the U.S. government is . . . the U.S. government. Governments don’t walk around trying to figure out how to limit their own power, and that’s particularly true of empires. The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid-1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court—the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy.
  • There is a real question about whether the defeat of this bill is good, bad, or irrelevant. To begin with, it sought to change only one small sliver of NSA mass surveillance (domestic bulk collection of phone records under section 215 of the Patriot Act) while leaving completely unchanged the primary means of NSA mass surveillance, which takes place under section 702 of the FISA Amendments Act, based on the lovely and quintessentially American theory that all that matters are the privacy rights of Americans (and not the 95 percent of the planet called “non-Americans”). There were some mildly positive provisions in the USA Freedom Act: the placement of “public advocates” at the FISA court to contest the claims of the government; the prohibition on the NSA holding Americans’ phone records, requiring instead that they obtain FISA court approval before seeking specific records from the telecoms (which already hold those records for at least 18 months); and reducing the agency’s “contact chaining” analysis from three hops to two. One could reasonably argue (as the ACLU and EFF did) that, though woefully inadequate, the bill was a net-positive as a first step toward real reform, but one could also reasonably argue, as Marcy Wheeler has with characteristic insight, that the bill is so larded with ambiguities and fundamental inadequacies that it would forestall better options and advocates for real reform should thus root for its defeat.
  • 1) Individuals refusing to use internet services that compromise their privacy.
  • 2) Other countries taking action against U.S. hegemony over the internet.
  • 4) Greater individual demand for, and use of, encryption.
  • 3) U.S. court proceedings.
  • The “USA Freedom Act”—which its proponents were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill.
  •  
    Glenn Greenwald on why the death of the USA Freedom Act is actually a Very Good Thing. I couldn't agree more.
Paul Merrell

Israel's settlement law: Consolidating apartheid | Israel | Al Jazeera - 0 views

  • "Israel has just opened the 'floodgates', and crossed a 'very, very thick red line'." These were the words of Nickolay Mladenov, United Nations' Coordinator for the Middle East Peace Process, in response to the passing of a bill at the Israeli Knesset on February 7 that retroactively legalises thousands of illegal settler homes, built on stolen Palestinian land. Mladenov's job title has grown so irrelevant in recent years that it merely delineates a reference to a bygone era: a "peace process" that has ensured the further destruction of whatever remained of the Palestinian homeland. Israeli politicians' approval of the bill is indeed an end of an era. We have reached the point where we can openly declare that the so-called peace process was an illusion from the start, for Israel had no intentions of ever conceding the occupied West Bank and East Jerusalem to the Palestinians. In response to the passing of the bill, many news reports alluded to the fact that the arrival of Donald Trump in the White House, riding a wave of right-wing populism, was the inspiration needed by equally right-wing Israeli politicians to cross that "very, very thick red line". There is truth to that, of course. But it is hardly the whole story.
  • The political map of the world is vastly changing. Just weeks before Trump made his way to the Oval Office, the international community strongly condemned Israel's illegal settlements on Palestinian land occupied since 1967, including East Jerusalem.
  • That date, Trump's inauguration was the holy grail for Israel's right-wing politicians, who mobilised immediately after Trump's rise to power. Israel's intentions received additional impetus from Britain's Conservative Prime Minister, Theresa May. Despite her government vote to condemn Israeli settlements at the UN, she too ranted against the US for its censure of Israel.
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  • With the UK duly pacified, and the US in full support of Israel, moving forward with annexing Palestinian land became an obvious choice for Israeli politicians. Bezalel Smotrich, a Knesset member of the extremist Jewish Home party, put it best. "We thank the American people for voting Trump into office, which was what gave us the opportunity for the bill to pass," he said shortly after the vote.
  • The so-called "Regulation Bill" will retroactively validate 4,000 illegal structures built on private Palestinian land. In the occupied Palestinian territories, all Jewish settlements are considered illegal under international law, as further indicated in UNSC Resolution 2334. There are also 97 illegal Jewish settlement outposts - a modest estimation - that are now set to be legalised and, naturally, expanded at the expense of Palestine. The price of these settlements has been paid mostly by US taxpayers' money, but also the blood and tears of Palestinians, generation after generation. It is important, though, that we realise that Israel's latest push to legalise illegal outposts and annex large swaths of the West Bank is the norm, not the exception.
  • But what is the Palestinian leadership doing about it? "I can't deny that the (bill) helps us to better explain our position. We couldn't have asked for anything more," a Palestinian Authority official told Al-Monitor on condition of anonymity, as quoted by Shlomi Elder. WATCH: 'The settlers and the guards harass us and our children' (2:35) Elder writes: "The bill, whether it goes through or is blocked by the Supreme Court, already proves that Israel is not interested in a diplomatic resolution of the conflict."
  • The greatest mistake that the Palestinian leadership has committed (aside from its disgraceful disunity) was entrusting the US, Israel's main enabler, with managing a "peace process" that has allowed Israel time and resources to finish its colonial projects, while devastating Palestinian rights and political aspirations. Returning to the same old channels, using the same language, seeking salvation at the altar of the same old "two-state solution" will achieve nothing, but to waste further time and energy. It is Israel's obstinacy that is now leaving Palestinians (and Israelis) with one option, and only one option: equal citizenship in one single state or a horrific apartheid. No other "solution" suffices. In fact, the Regulation Bill is further proof that the Israeli government has already made its decision: consolidating apartheid in Palestine. If Trump and May find the logic of Netanyahu's apartheid acceptable, the rest of the world shouldn't. In the words of former President Jimmy Carter, "Israel will never find peace until it ... permit(s) the Palestinians to exercise their basic human and political rights." That Israeli "permission" is yet to arrive, leaving the international community with the moral responsibility to exact it.
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    Not mentioned in the article: the Knesset's Regulation Bill formally annexed territory inside the West Bank and holds that Israeli law, rather than military law, will now govern the annexed portions. That is the fact that establishes a clean break with the 2-state solution and flies in the face of international law including the Fourth Geneva Convention, which strictly prohibits annexation and requires the immediate withdrawal of invading military forces from occupied territories immediately upon cessation of hostilities, which occurred in 1967. The two-state solution is dead, although the Regulation Bill will likely be overturned by the Israeli Supreme Court. Trump gave Israel's ultra-right wing leaders way too much encouragement.
Paul Merrell

Canadians have united to reject fear and stop Bill C-51. Will the government listen? | ... - 0 views

  • It's rare in Canadian politics to see intense public interest in government legislative proposals -- let alone to see Canadians take to the streets in the tens of thousands to protest a piece of legislation by name. Yet that's exactly what has happened in the case of Bill C-51, which critics, including The Globe and Mail's editorial team, say will undermine basic democratic values and lead to the creation of a "secret police force" in Canada. In the space of a few short months since Bill C-51 was announced, hundreds of thousands of people have taken action to stop it: signing petitions, writing letters to local newspapers, phoning and writing to their member of Parliament, and hitting the streets in nationwide demonstrations in over 70 communities across Canada. It's not hard to see why so many people are concerned. Canada's top privacy and security experts warn that this legislation will undermine democratic rights Canadians have enjoyed for generations. For example, according to professors Craig Forcese and Kent Roach, who have conducted a detailed legal analysis of the legislation, Bill C-51 will:
  • Undermine Canadians' privacy by allowing widespread information disclosures among government agencies, and by giving the Canadian Security and Intelligence Service (CSIS) access to personal information held by up to 17 government departments. Even Stephen Harper has admitted that these kinds of dragnet surveillance measures are ineffective. Chill free speech online by criminalizing what is loosely defined as the promotion of "terrorism offences in general" and even showing "reckless disregard" for whether a particular post may encourage a violent act. As Forcese and Roach point out in their testimony to the Senate Standing Committee on National Security and Defence, "The new speech crime in our view violates freedom of expression because it reaches well beyond the sort of speech that threatens actual violence." Dramatically expand the powers of CSIS, without any commensurate increase in oversight or review measures. The legislation even allows CSIS to obtain a warrant permitting them to break the law and contravene the Charter rights of Canadians. Under C-51, such warrants would be granted in a secret hearing, with no representation from the target of such measures, and with no right of appeal.
  • So it's no surprise that Canadians are worried. What is unprecedented however, is the sheer number of Canadians taking part in the campaign to stop the bill. My organization, OpenMedia, has been campaigning on privacy issues for years -- but in all our time, we've never seen a public outpouring quite like this. Our joint efforts are clearly having an impact: public opinion has swung dramatically against Bill C-51 since it was announced. Support has plummeted, with a recent Forum Research poll finding that 56 per cent of Canadians now oppose Bill C-51, with just 33 per cent in favour. The business community, civic society groups, and principled conservatives have all spoken out. Sadly, there's no sign that the government is listening. At the time of writing, the government seems determined to use its majority to ram the legislation through the Commons in the coming weeks. What's even more worrying is that this reckless, dangerous, and ineffective legislation will further undermine Canadians' privacy rights -- rights that have already been seriously damaged by the government's Bill C-13, passed late last year, and by the government's failure to address the mass surveillance activities of its Canadian Security Establishment (CSE) intelligence agency.
Paul Merrell

One Click Politics - 0 views

  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
  • Formed in September 2009, Move to Amend is a coalition of hundreds of organizations and hundreds of thousands of individuals committed to social and economic justice, ending corporate rule, and building a vibrant democracy that is genuinely accountable to the people, not corporate interests.
  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
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    I have never forwarded action alerts to others by email. The typical action alert winds up sharing your email address with at least one other organization. The next thing you know you're getting donor solicitations from both the Republican and Democratic party central national coordinating committees. It's not just that I'm a political independent; it's an ongoing task to unsubscribe from unwanted mailing lists. Today I got an action alert from Move to Amend, only the second I have received from the organization. This group does not share your email address with anyone. If you choose to participate in this action alert, which is nearing 1 million messages sent, there is a send button near the bottom of the page to participate. That takes you to a page where you can read the message that will be sent. Move to Amend is a non-partisan organization that has been working toward a constitutional amendment for around 4 years that would clear the way for Congress to regulate campaign contributions, in light of Supreme Court decisions declaring that corporations have a First Amendment right to make campaign contributions in any amount they desire. But their amendment would also abolish constitutional rights for all fictional legal "persons" other than human beings and government at the local, state, and national levels. Move to Amend has been going about the process the right way and to date has scored supporting resolutions in 16 state legislatures and hundreds of community governments. That's enough to get oligarchs worried. So there's a bill gathering steam in the U.S. Senate, SJR 19, that's a watered-down version. It grants Congress and the states power to regulate campaign contributions, but it does not speak to the problem of granting human constitutional rights to entities that have existence only in the eyes of the law. The Senate bill is here: http://goo.gl/Nkvfkg Our nation's Founders unmistakably did not contemplate that corporations would have constitution
Gary Edwards

Articles of Impeachment Against Obama - 0 views

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    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Gary Edwards

"War is a Racket" by General Smedly Butler - 1 views

  • by MAJOR GENERAL SMEDLEY D. BUTLER, USMC - Retired TWO-TIME Congressional Medal of Honor Recipient FULL TEXT ON LINE FREE
  • GET THE NEW PAPERBACK EDITION including two bonus titles.
  •  
    An accidental find, the full text online of USMC Maj. Gen. Smedley Butler's 1935 book, War Is a Racket. Butler served in the Marine Corps from 1899 to 1931 and at the time of his retirement was the most-decorated Marine in history, for both valor and accomplishments. Following his retirement, he became a vehement anti-war activist and public speaker.  This book is easily his most-cited and most-quoted published work. You can capture the flavor from an article he published in a magazine that included the following lines: "I spent 33 years and four months in active military service and during that period I spent most of my time as a high class muscle man for Big Business, for Wall Street and the bankers. In short, I was a racketeer, a gangster for capitalism. I helped make Mexico and especially Tampico safe for American oil interests in 1914. I helped make Haiti and Cuba a decent place for the National City Bank boys to collect revenues in. I helped in the raping of half a dozen Central American republics for the benefit of Wall Street. I helped purify Nicaragua for the International Banking House of Brown Brothers in 1902-1912. I brought light to the Dominican Republic for the American sugar interests in 1916. I helped make Honduras right for the American fruit companies in 1903. In China in 1927 I helped see to it that Standard Oil went on its way unmolested. Looking back on it, I might have given Al Capone a few hints. The best he could do was to operate his racket in three districts. I operated on three continents." http://en.wikipedia.org/wiki/Smedley_Butler#Lectures  I look forward to reading this book. The book was reprinted in 2003 and is available from the linked web site, together with two bonus titles. 
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    "WAR IS A RACKET" - free online book CHAPTER ONE WAR is a racket. It always has been. It is possibly the oldest, easily the most profitable, surely the most vicious. It is the only one international in scope. It is the only one in which the profits are reckoned in dollars and the losses in lives. A racket is best described, I believe, as something that is not what it seems to the majority of the people. Only a small "inside" group knows what it is about. It is conducted for the benefit of the very few, at the expense of the very many. Out of war a few people make huge fortunes. In the World War [I] a mere handful garnered the profits of the conflict. At least 21,000 new millionaires and billionaires were made in the United States during the World War. That many admitted their huge blood gains in their income tax returns. How many other war millionaires falsified their tax returns no one knows. How many of these war millionaires shouldered a rifle? How many of them dug a trench? How many of them knew what it meant to go hungry in a rat-infested dug-out? How many of them spent sleepless, frightened nights, ducking shells and shrapnel and machine gun bullets? How many of them parried a bayonet thrust of an enemy? How many of them were wounded or killed in battle? Out of war nations acquire additional territory, if they are victorious. They just take it. This newly acquired territory promptly is exploited by the few - the selfsame few who wrung dollars out of blood in the war. The general public shoulders the bill. And what is this bill? This bill renders a horrible accounting. Newly placed gravestones. Mangled bodies. Shattered minds. Broken hearts and homes. Economic instability. Depression and all its attendant miseries. Back-breaking taxation for generations and generations. For a great many years, as a soldier, I had a suspicion that war was a racket; not until I retired to civil life did I fully realize it. Now that I see the international war clouds g
Paul Merrell

Activists send the Senate 6 million faxes to oppose cyber bill - CBS News - 0 views

  • Activists worried about online privacy are sending Congress a message with some old-school technology: They're sending faxes -- more than 6.2 million, they claim -- to express opposition to the Cybersecurity Information Sharing Act (CISA).Why faxes? "Congress is stuck in 1984 and doesn't understand modern technology," according to the campaign Fax Big Brother. The week-long campaign was organized by the nonpartisan Electronic Frontier Foundation, the group Access and Fight for the Future, the activist group behind the major Internet protests that helped derail a pair of anti-piracy bills in 2012. It also has the backing of a dozen groups like the ACLU, the American Library Association, National Association of Criminal Defense Lawyers and others.
  • CISA aims to facilitate information sharing regarding cyberthreats between the government and the private sector. The bill gained more attention following the massive hack in which the records of nearly 22 million people were stolen from government computers."The ability to easily and quickly share cyber attack information, along with ways to counter attacks, is a key method to stop them from happening in the first place," Sen. Dianne Feinstein, D-California, who helped introduce CISA, said in a statement after the hack. Senate leadership had planned to vote on CISA this week before leaving for its August recess. However, the bill may be sidelined for the time being as the Republican-led Senate puts precedent on a legislative effort to defund Planned Parenthood.Even as the bill was put on the backburner, the grassroots campaign to stop it gained steam. Fight for the Future started sending faxes to all 100 Senate offices on Monday, but the campaign really took off after it garnered attention on the website Reddit and on social media. The faxed messages are generated by Internet users who visit faxbigbrother.com or stopcyberspying.com -- or who simply send a message via Twitter with the hashtag #faxbigbrother. To send all those faxes, Fight for the Future set up a dedicated server and a dozen phone lines and modems they say are capable of sending tens of thousands of faxes a day.
  • Fight for the Future told CBS News that it has so many faxes queued up at this point, that it may take months for Senate offices to receive them all, though the group is working on scaling up its capability to send them faster. They're also limited by the speed at which Senate offices can receive them.
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    From an Fight For the Future mailing: "Here's the deal: yesterday the Senate delayed its expected vote on CISA, the Cybersecurity Information Sharing Act that would let companies share your private information--like emails and medical records--with the government. "The delay is good news; but it's a delay, not a victory. "We just bought some precious extra time to fight CISA, but we need to use it to go big like we did with SOPA or this bill will still pass. Even if we stop it in September, they'll try again after that. "The truth is that right now, things are looking pretty grim. Democrats and Republicans have been holding closed-door meetings to work out a deal to pass CISA quickly when they return from recess. "Right before the expected Senate vote on CISA, the Obama Administration endorsed the bill, which means if Congress passes it, the White House will definitely sign it.  "We've stalled and delayed CISA and bills like it nearly half a dozen times, but this month could be our last chance to stop it for good." See also http://tumblr.fightforthefuture.org/post/125953876003/senate-fails-to-advance-cisa-before-recess-amid (;) http://www.cbsnews.com/news/activists-send-the-senate-6-million-faxes-to-oppose-cyber-bill/ (;) http://www.npr.org/2015/08/04/429386027/privacy-advocates-to-senate-cyber-security-bill (.)
Paul Merrell

Putin signs "undesirable NGOs" Bill into Law | nsnbc international - 0 views

  • Russian President Vladimir Putin has signed a bill, enabling the designation of foreign and foreign-funded NGOs as undesirables after the bill passed both the Lower and Upper House of Parliament.
  • The bill authorizes the designation of foreign and foreign funded non-profit as well as for profit NGOs as “undesirables” on grounds of “national security. The bill passed the second reading in Russia’s Lower House of Parliament (State Duma), last week and was approved by the Upper House of Parliament, the Federation Council. The bill had been proposed by legislators of the governing United Russia party of President Vladimir Putin, The passing of the bill in both houses of parliament and the signing of the bill by Putin was no surprise since United Russia has a majority in both chambers. The bill has been heavily criticized by foreign, particularly western media, western politicians and primarily western-based or funded NGOs, including Human Rights Watch, Amnesty International, among many others. One of the NGOs that is certain to fall under the provisions of the bill is USAID.
  • he new law follows up on a law that was adopted in 2012 that obliged foreign-funded non-governmental organizations to register as “foreign agents”. The law provides for declaring foreigners and foreign-funded NGOs as“undesirable”. Persons who are violating the newly adopted law could face a fine up to 10,000 dollar to be paid in local currency and up to six years imprisonment. Supporters of the bill are referring to the risk that foreign-funded NGOs could pose to the Russian Federation’s national security while critics maintain that the wording of the legislation and especially the term “undesirable” is ambiguous and opens the floodgates for the abuse of the law to crack down on legal and legitimate dissent.
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  • While the wording and the use of “undesirable” is ambiguous and does pose legal problems as much as it opens the floodgates for the abuse of the legislation, there may be a good reason for keeping the wording ambiguous. Internationally acting NGOs have increasingly become “weaponized”; That is, that they have increasingly been utilized as tool for everything from supporting legitimate dissent to the organization of political violence and coup d’état. Another disturbing fact is that this pattern includes UN organizations such as the UN Interagency Framework Team for Preventive Action (Framework Team). Examples? Doctors Without Borders (MSF) played a key role in accusing the Syrian government for the use of chemical weapons, stating MSF sources. Later on the NGO had to admit that it had no staff in Damascus and exclusively relied on statements by “partners” in “rebel-held territories”.
  • Amnesty International for its part issued a report about alleged war crimes committed during NATO’s bombing of Libya in 2011. A 2012 report by Amnesty International claimed that Operation Unified Protector, authorized by UNSC Resolution 1973 has resulted in 55 documented cases of named civilian casualties, including 16 children and 14 women that were killed in air strikes in the capital Tripoli and the towns of Zliten, Majer, Sirte, and Brega. The low figure is utterly inconsistent with casualty figures provided by local NGOs as well as documented eyewitness reports. Two things are worth considering with regard to the Amnesty report. During the first night of the operation NATO forces launched over 100 cruise missiles into Tripoli alone.
  • The Director of Amnesty International at that time was Suzanne Nozzel, who also worked as adviser on U.S. government – NGO relations for the then U.S. Secretary of State Hillary Clinton.
  • While Human Right Watch does, indeed, engage in justified human rights advocacy, it has also been engaged in issuing strongly biased reports, in politicizing that “representatives are denied entry to e.g. Egypt”, while failing to mention that proper visa procedures had not been followed, and so forth. The most disturbing NGO may, however, be the UN Interagency Framework Team for Preventive Action. The Framework Team is largely privately funded with George Soros as one of the primary sponsors. The NGO under UN cover is “coordinating UN, governmental and non-governmental initiatives”.
  • The UN organization could undoubtedly be useful but it has also been sharply criticized for “fanning the flames” of the inter-communal violence in Myanmar’s Rakhine State, and for its active role in creating rather than preventing ethnic and sectarian disputes and violence in Nepal. In both the case of Myanmar and in the case of Nepal it is easy to establish ties between the Framework Team and Western or Western allied intelligence services. Criticism of the ambiguous wording of the new Russian legislation is, in other words, as justified as criticism of NGOs who prostitute themselves and the best intentions of the members at their base as pawns in geopolitical chess-games.
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    More than understandable given the long history of the U.S. weaponizing NGOs in aid of its "color revolutions" strategy to overthrow governments in secular states and left-leaning democracies. The most recent examples are the successful U.S. coup in Ukraine and the thrice-failed coup attempts in Venezuela.  U.S. NGOs have been attempting to provoke such a coup in Russia for some time but have failed thus far because of Putin's immense popularity and a perhaps better-informed Russian public. The Russian people know they are under attack and have wisely closed ranks rather than falling for a divide-and-conquer strategy. Venezuela recently enacted similar legislation.  
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radi... - 0 views

  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Paul Merrell

Iranians draft bill to up enrichment to 60 percent | The Times of Israel - 0 views

  • Iranian parliamentarians have proposed a bill to increase uranium enrichment to 60 percent in the event of new Western sanctions, the Iranian Press TV reported Wednesday. In addition to raising the enrichment level significantly, the draft, signed by 100 legislators, would resume activity at the Arak heavy water reactor.
  • “If the bill is approved, the government will be obliged to complete nuclear infrastructure at the Fordo and Natanz [enrichment facilities] if sanctions [against Iran] are ratcheted up, new sanctions are imposed, the country’s nuclear rights are violated and the Islamic Republic of Iran’s peaceful nuclear rights are ignored by members of the P5+1,” Seyyed Mehdi Mousavinejad, an Iranian lawmaker, said on Wednesday, according to Press TV.
  • The new bill would be in direct violation of the November 24 interim agreement forged between Iran and six world powers, under which Tehran agreed to halt work at Arak, cap its enrichment at five percent, and neutralize its stockpile of 20% enriched uranium. That agreement has not yet been implemented, because the sides still have to resolve “technical details.” The proposal also serves as a message to world powers about the Iranian commitment to advancing the nuclear program, lawmakers said. “The bill is aimed at giving an upper hand to our government and the negotiating team… It will allow the government to continue our nuclear program if the Geneva deal fails,” Hossein Taghavi Hosseini, spokesman for parliament’s National Security and Foreign Affairs committee, said, according to IRNA.
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  • The bill was presented to the parliament’s presiding board and will be voted on at a later date, Iranian media reported. The drafting of the bill came days after a group of US senators proposed The Nuclear Weapon Free Iran Act, which would ramp up sanctions against Iran in the event that the Islamic Republic violates the interim deal, or should later nuclear talks fail to produce a long-term agreement.
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    Hawks on all fronts trying to blow up the negotiations with Iran, including inside Iran. However, the article errs somewhat in stating that the Iranian bill would violate the interim agreement between Iran and the PF+1 nations. The bill as reported would only take effect if new sanctions are adopted by the U.S. In the interim agreement, Obama committed to vetoing any new sanctions enacted during the period of the interim agreement. So the actual position of the Iranian legislators is that the U.S. has to violate the agreement before the bill would take effect.   But I think this is a blunder anyway. Iran has no need to enrich uranium beyond 20 per cent, which is the maximum allowed under the Nuclear Nonproliferation Agreement. This bit of grandstanding will be used by Iran's enemies as "proof" that Iran has nuclear weapon ambitions.   However, I'm sensitive to the fact that this is an article in The Times of Israel, which often puts a rather overt Zionist spin on news. I'll be watching for less prejudiced sources on this issue.
Gary Edwards

Peter Beinart: How Ron Paul Will Change the GOP in 2012 - The Daily Beast - 2 views

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    Not a big Peter Beinhart fan, but this article explains a large part of the Ron Paul phenom. After a life time as a big C Goldwater-Reagan Constitutional Conservative, this summer i made a full transition to big C Constitutional Libertarian. The tipping point for me was the GAO audit of the Federal Reserve, where they discovered $16.1 Trillion of taxpayer dollars missing from the Federal Reserve Bankster Cartel management books. It went to a who's who of international Bankster Cartel members. None of the taxpayer funded "financial collapse of 2008" bailout dollars went to the purposes chartered by their legislation. That includees the TARP $850 Billion, the Obama Stimulous $1 Trillion, and the mega FRBC $16.1 Trillion. No bad debts were purchased and retired. No rotting mortgage securities were swept up and restructured. No shovel ready jobs either. And no one in government or banksterism having caused the financial collapse went to jail. Instead, the perps feasted on the bailout dollars. The debt remains on the books of international Banksters, collecting interest, thirsting for foreclosure. The Bankster Cartel members are flush with cash, but not lending. By law (The Federal Reserve Act of December 23rd, 1913), FRBC members must keep a significant amount of their assets on "reserve" at the Federal Reserve, at 6% interest. In exchange for managing this process and the exploding money supply, the taxpayers of the USA are obligated by law to pay the FRBC 1% per year of (assets under management" (the money supply). Take note: the FRBC takes the 1% per year payment for their services in the form of GOLD!! They will not take payment in the form of paper notes labeled legal tender "Federal Reserve Notes". They only take GOLD. My transition to Constitutional Libertarian begins with a strct reading of the Constitution (the How), the Declaration of Independence, (the Why), and belief in the Rule of Law, not man. The concept of achievi
Gary Edwards

Harry Binswanger - Market Justice & The Second Amendment - Forbes - 0 views

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    One of the best arguments for protecting individual liberty through the Constitution and Bill of Rights; including the 2nd Amendment. excerpt: Junking the collectivist approach, ridding myself of the idea that the lives of the few can be sacrificed to the lives of the many, I found the issue almost settled itself. Taking the individualist approach, I asked myself: what laws should the individual be subject to? What is the principle governing the individual's relation to the state? The principle is "individual rights"-your rights and mine. Rights define the proper limits of state action. They recognize the areas within which the individual is sovereign, entitled to act on his own judgment, free from interference by his fellow man and by the state. The fundamental right is the right to life. Its expressions are the right to liberty, property, and the pursuit of happiness. As the Declaration states, government is established "to secure these rights." To secure them against what? There is only one thing that can deprive a man of his life, liberty, or property: physical force. Only guns, clubs, chains, jails, or some form of nonconsensual physical contact can kill you, injure you, or negate your ability to act on your own judgment. The proper job of government is to protect the individual's rights by wielding retaliatory force against the force initiated by criminals or foreign aggressors. The issue with guns is the threat of force. But the threat of force is force. Orders issued at gunpoint are as coercive-as rights-violating-as laying on hands and overpowering you. (All this is explained in more detail in Ayn Rand's articles "Man's Rights" and "The Nature of Government.") The government may use force only against an objective threat of force. Only that constitutes retaliation. In particular, the government may not descend to the evil of preventive law. The government cannot treat men as guilty until they have proven th
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