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Gary Edwards

President Obama has been a disaster for civil liberties - latimes.com - 1 views

www.latimes.com/...rties-20110929,0,1036069.story

Obammunism Civil-Liberties Jonathan-Turley

shared by Gary Edwards on 29 Sep 11 - No Cached
  • Historically, this country has tended to correct periods of heightened police powers with a pendulum swing back toward greater individual rights. Many were questioning the extreme measures taken by the Bush administration, especially after the disclosure of abuses and illegalities.
  • Candidate Obama capitalized on this swing and portrayed himself as the champion of civil liberties.
  • However, President Obama not only retained the controversial Bush policies, he expanded on them.
  • ...7 more annotations...
  • Obama failed to close Guantanamo Bay as promised.
  • He continued warrantless surveillance and military tribunals that denied defendants basic rights.
  • He asserted the right to kill U.S. citizens he views as terrorists
  • His administration has fought to block dozens of public-interest lawsuits challenging privacy violations and presidential abuses.
  • Ironically, had Obama been defeated in 2008, it is likely that an alliance for civil liberties might have coalesced and effectively fought the government's burgeoning police powers.
  • A Gallup poll released this week shows 49% of Americans, a record since the poll began asking this question in 2003, believe that "the federal government poses an immediate threat to individuals' rights and freedoms."
  • the election of Barack Obama may stand as one of the single most devastating events in our history for civil liberties.
  • Gary Edwards on 29 Sep 11
     
    With the 2012 presidential election before us, the country is again caught up in debating national security issues, our ongoing wars and the threat of terrorism. There is one related subject, however, that is rarely mentioned: civil liberties. Protecting individual rights and liberties - apart from the right to be tax-free - seems barely relevant to candidates or voters. One man is primarily responsible for the disappearance of civil liberties from the national debate, and he is Barack Obama. While many are reluctant to admit it, Obama has proved a disaster not just for specific civil liberties but the civil liberties cause in the United States.
Gary Edwards

Civil Unrest Ahead - LewRockwell.com - 0 views

www.lewrockwell.com/...civil-unrest-ahead

Ron-Paul Libertarian

shared by Gary Edwards on 12 Jan 15 - No Cached
  • The Victimized Inner Cities
  • This social disruption has motivated the enthusiastic growth and militarization of our local police departments. The law and order crowd thrives on excessive laws and regulations that no US citizen can escape. The out-of-control war on drugs is the worst part, and it generates the greatest danger in poverty-ridden areas via out-of-control police. It is estimated that these conditions have generated up to 80,000 SWAT raids per year in the United States. Most are in poor neighborhoods and involve black homes and businesses being hit disproportionately. This involves a high percentage of no-knock attacks. As can be expected many totally innocent people are killed in the process. Property damage is routine and compensation is rare. The routine use of civil forfeiture of property has become an abomination, totally out of control, which significantly contributes to the chaos. It should not be a surprise to see resentment building up against the police under these conditions. The violent reaction against local merchants in retaliation for police actions further aggravates the situation —hardly a recipe for a safe neighborhood.
  • Civil liberties are ignored by the police, and the private property of innocent bystanders is disregarded by those resenting police violence.
  • ...50 more annotations...
  • The entitlement mentality is a source of much anger and misunderstanding. It leads people who see themselves as victims to one conclusion: they are entitled to be taken care of.
  • If one trillion dollars per year doesn’t do the job, then make it $2 trillion. If the war on poverty’s $16 trillion hasn’t worked, make it $32 trillion.
  • The wealthy special interests, such as banks, the military-industrial complex, the medical industry, the drug industry, and many other corporatists, quickly gain control of the system.
  • Honest profits of successful entrepreneurs are quite different than profits of the corporate elite who gain control of the government and, as a consequence, accumulate obscene wealth by “robbing” the middle class.
  • Crumbs may be thrown to the poor, but the principle of wealth transfer is hijacked and used for corporate and foreign welfare instead of wealth transfers to the poor.
  • To blame and destroy those who make an honest living by satisfying consumers without the use of special benefits from the government is destructive to liberty and wealth.
  • True satisfaction comes from productive effort and self-reliance and not from a government transferring wealth in an effort to bring about an egalitarian society.
  • The people have too little confidence that most problems can be solved in a voluntary manner in a society that cherishes civil liberties. There’s never an admission that government problem-solving doesn’t work. Government-created problems are a road to poverty and resentment. Too many people believe that “free stuff” from the government can solve our problems. They mistakenly believe that deficits don’t matter and that wealth can come from a printing press.
  • The high profile episodes of police violence and overreaction are a consequence of conditions that in many ways were generated by government policy.
  • equal justice requires the end of welfare redistribution
  • Redistribution is a process that is always destined to help a small minority, whether in an economy like ours that endorses central economic planning or in one run by radical fascists or communists.
  • Retraining the police won’t touch the complex problems that pit the police against the victims of complex social conditions generated by hate, violence and bad economic policies.
  • Under an authoritarian regime, those in power take care of themselves. This always leads to poverty and discrepancy in wealth distribution.
  • Eventually the social strife that is predictable leads to an overthrow of the government.
  • The strife that we are witnessing is a reflection of a growing number of people who are recognizing the discrepancy between rich and poor, the weak and the powerful, Wall Street and Main Street.
  • Both political parties are financed by Wall Street, the big banks, and the military-industrial complex. Getting rich by being part of the government class is the problem.
  • Indeed the rich are getting richer and the poor poorer. The extreme current inequality is not a consequence of free markets and true liberty. Rather it results from the welfare state that, as always, morphs into a system that provides excesses for the powerful few.
  • The economic interventionist system under which we live today rewards those who benefit from government economic planning by the Federal Reserve, access to government contracts, and targeted special regulations to help one group over the other
  • We must limit the government’s role to protecting equal justice in defense of life, liberty, and property.
  • Police brutality and militarization may well induce a violent event far beyond what we have seen in Ferguson. It also can serve as an excuse. But it is not the root cause of turmoil. The real cause is poverty, the entitlement mentality, and the breakdown of the rule of law. Moral decay and the national police state are the real culprits.
  • There are two problems. First is conceding the principle that government has the moral authority to redistribute wealth. Second is believing the redistribution will be managed wisely and without corruption.
  • We have too many police, too many laws, and too much exemption of government officials from the crimes they commit.
  • There has to be an understanding that productive effort and self-reliance on the part of everyone is required for a free society to thrive.
  • Welfare, for the rich or poor, cannot exist without the sacrifice of the principal of property ownership.
  • The loss of our liberty has sharply accelerated since the 9/11 attacks. We have done to ourselves what no foreign enemy could have possibly accomplished.
  • The national police are made up of over 100,000 bureaucrats and police officials who carry guns to enforce federal law on the American citizens.
  • Today every American is a suspect. Our president has established a policy that an American citizen can be assassinated without even being charged with a crime.
  • The Founders and our Constitution intended that policing powers would be the responsibility of the individual states. That was forgotten a long time ago
  • the Feds are there taking charge over all local officials and property owners,
  • The Founders did not even want a standing army. They wanted only a militia.
  • Old-fashioned colonialism was deemed necessary by various European powers to secure natural resources along with control over sea lanes and markets for selling manufactured goods.
  • European-style colonialism — supporting a mercantilistic economy — came to be seen as politically unrealistic and unnecessary.
  • We are now subject to an out-of-control domestic police force while the US military maintains our Empire overseas.
  • When free-trade principles were utilized, colonialism did not die; it only changed form. Mercantilism in various forms and degrees drove trade policies of nations with strong economies and militaries.
  • The United States military presence around the world provides a “private” police force to protect US and other international companies against any local resistance or leaders that turn unfriendly. Our military presence overseas has nothing to do with protecting our freedoms and defending our Constitution.
  • The international monetary system is a powerful tool for the select few.
  • In fact, the real heroes are the ones who expose the truth and refuse to fight foreign wars for the international corporations.
  • The “one percenters,” generally speaking, are internationalists who are not champions of individual liberty and free trade. They are supporters of managed trade and international institutions like the WTO where the interests of the one percent can influence the rulings that frequently have little to do with advancing advertised goals of low tariffs and free trade.
  • Disengaging our troops from around the world and refusing to defend American neocolonialism is pursuing a course compatible with the qualities that Americans claim to stand for.
  • The obsession with continuing all the same policies has increased our poverty, increased violence between the classes, and lowered the standard of living for all except the elite one percent. And worst of all, the sacrifice of liberty was for naught.
  • Losing both liberty and the right to truly own property undermines the ability to create wealth.
  • Tax revenues will continue to rise, aiding the policy of the government spending the people’s money rather than those who earned it.
  • When this process gets out-of-control the economy goes into a death spiral, in the beginning of which we currently find ourselves. Without a correction to the basic understanding of the proper role of government, the downward spiral will continue.
  • Wall Street will be protected, and the trillions of dollars of big banks derivatives will be absorbed by the Fed, the FDIC, and ultimately by the American taxpayers in the next financial crisis.
  • Authoritarianism has overtaken our economic system as the welfare mentality takes over at every level of government.
  • There’s no doubt the poor will get poorer and the rich richer until the spirit of revolution in the people calls a halt to the systematic destruction of freedom in America.
  • Once the initiation of force by government is accepted by the people, even minimally, it escalates and involves every aspect of society. The only question that remains is just who gets to wield the power to distribute the largess to their friends and chosen beneficiaries.
  • It’s a recipe for steady growth of the government at the expense of liberties, even if official documents and laws written to limit government power are in place.
  • Restraining the few who thrive on the use of force to rule over us is the challenge. Fortunately they are outnumbered by those who would choose liberty yet lack the will to challenge the humanitarian monsters who gain support from naive and apathetic citizens.
  • The sentiments supporting secession, jury nullification, nullification of federal laws by state legislatures, and a drive for more independence from larger governments will continue.
  • Gary Edwards on 12 Jan 15
     
    "If Americans were honest with themselves they would acknowledge that the Republic is no more. We now live in a police state. If we do not recognize and resist this development, freedom and prosperity for all Americans will continue to deteriorate. All liberties in America today are under siege. It didn't happen overnight. It took many years of neglect for our liberties to be given away so casually for a promise of security from the politicians. The tragic part is that the more security was promised - physical and economic - the less liberty was protected. With cradle-to-grave welfare protecting all citizens from any mistakes and a perpetual global war on terrorism, which a majority of Americans were convinced was absolutely necessary for our survival, our security and prosperity has been sacrificed. It was all based on lies and ignorance. Many came to believe that their best interests were served by giving up a little freedom now and then to gain a better life. The trap was set. At the beginning of a cycle that systematically undermines liberty with delusions of easy prosperity, the change may actually seem to be beneficial to a few. But to me that's like excusing embezzlement as a road to leisure and wealth - eventually payment and punishment always come due. One cannot escape the fact that a society's wealth cannot be sustained or increased without work and productive effort. Yes, some criminal elements can benefit for a while, but reality always sets in. Reality is now setting in for America and for that matter for most of the world. The piper will get his due even if "the children" have to suffer. The deception of promising "success" has lasted for quite a while. It was accomplished by ever-increasing taxes, deficits, borrowing, and printing press money. In the meantime the policing powers of the federal government were systematically and significantly expanded. No one cared much, as there seemed to be enough "gravy" for the rich, th
Gary Edwards

There Once Were Giants: The American Poetry of the Hollywood Western - 2 views

www.claremont.org/...article_detail.asp

claremont-institute John-Marini Liberty-Valance American-Westerns progressive-socialism

shared by Gary Edwards on 23 Jul 12 - No Cached
  • Gary Edwards on 23 Jul 12
     
    Excellent essay by John Marini of the Libertarian Claremont Institute. The "brutal good" of both Batman and Tom Doniphon, "The Man Who Shot Liberty Valance" are once again on display. Awesome stuff! John first discusses Woodrow Wilson and the Progressive movement; emphasising how progressives, and particularly social scientists, dismissed the past as inferior to the glorious future their progressive thinking would usher in. Yeah, "those" progressive's whose legacy might well be the collapse of civilization! "For progressive historians, the past was not intelligible in its own right, but only with reference to the future, that is, to some form of the idea of progress which, although "almost synonymous with life itself," was wholly unknown to past generations. What had seemed to Abraham Lincoln, for example, to be the American Founders' heroic virtues and tragic limitations appeared to the sophisticated historian as mere reflections of outdated attitudes and beliefs-prejudices of a less enlightened time." Then John goes on to contrast the poetry and truth portrayed in the genre of the American Western Movie. He choses John Ford's classic, "The Man Who Shot Liberty Valance" to make his point. And beautifully so. excerpt: "The old West was situated in the Godforsaken wilds of the desert or wilderness, without community, without law, without civilization. It was a place where simple survival was difficult, a place where nature was uncompromising, just as society had been in the places left behind. The West offered the possibility of a new beginning, of re-founding, of establishing governments form reflection and choice, rather than mishaps of birth and tradition. In the West, men seemed to have it in their power to make the world over again, and this made it necessary or possible to think again about the conditions, purposes, and limits of human community. But the western movie showed that even in a new land with a fresh start, the law was not easily
Gary Edwards

Why Progressives Don't Understand And Are Enemies Of Liberty | Western Free Press - 0 views

www.westernfreepress.com/...and-and-are-enemies-of-liberty

shared by Gary Edwards on 06 Apr 16 - No Cached
  • For a classical liberal, freedom means that each individual possesses as a human being certain inviolable rights, those being rights to his life, liberty and honestly acquired property. And that human relationships should be based on voluntary consent and mutual agreement. For my interlocutor, freedom means “empowerment” or the ability to do or achieve certain things, without which “freedom” is not complete. These include a minimum or “decent” standard of living and the ability to attain certain potentials in life, which are everyone’s “right” as a member of society.
  • For my fellow conversationalist, society is a shared “community” of human beings each of whom owes certain things to the others, just as the others owe certain things to us. Society might be viewed as an extended family, from this perspective, all the members of which have certain required obligations to support and give assistance to their social “relatives.” I suggested that society is a network of human relationships formed between individuals based upon opportunities for mutual betterment, including both the economic and the cultural in the widest sense, the fundamental foundation of which derives from those essential individual rights.
  • French eighteenth century philosopher, Jean-Jacque Rousseau, who reasoned that man began as savages in the wild threatened by both beast and other men. Everyone entered into a social contract and formed society for mutual safety and betterment by giving up a portion of their complete and unrestrained “freedom” in that earlier setting of savagery for the order and security of shared community. The freedom given up is compensated by safety and the security of mutual aid, including the modern welfare state.
  • ...10 more annotations...
  • British philosopher, John Locke, who argued that rights are not bestowed upon man by government or the community but belong to him by his nature as a human being. Government, in Locke’s social contract, is to provide individuals with a tool for the common defense against the violence of some of their fellow men. The role of government is the securer of liberty by protecting each individual’s rights to his life, liberty and property, and not as a guarantor of a certain standard of living or desired access to various material things.
  • The reason, I said, was that if the government undertook this latter responsibility of “social safety nets” and “positive” access to various other desired states of affairs, it can do so only by imposing through police power an obligation on others to provide the material means that some others are to be guaranteed. By doing so, government would be violating its original purpose for being brought into existence: the protecting of liberty (including people’s property rights to their own honestly earned income and wealth) rather than a violator that takes from some without their consent for the asserted benefits of others.
  • The world is to be reduced to and confined within a narrow corridor of forms of “good behavior” that people will be either penalized for violating or subsidized for doing through government regulation and spending.
  • Progressives Cling to Collectivism Here, in my opinion, are some of the essential issues and dilemmas facing the advocate of individual liberty, free markets, and constitutionally limited government. Too many of our fellow citizens do not believe that individuals have a right to live for themselves. They truly and honestly believe that “society,” “community,” the collective, is something independent of the distinct individuals who comprise it, and for which the individual is morally, politically and legally obligated to serve and sacrifice for. Police power is a legitimate and appropriate tool of enforcing these obligations and duties, if resistance or indifference is experienced among the citizens in the undertaking of these activities.
  • For the “progressive,” government is “society’s” agent to undertake the tasks of “social justice” and “entitlement” that are owed to each member and to which everyone is required to provide their contribution.  Police power is the means by which everyone is made to contribute their “social dues” in the form of either obedience to government regulations or payment of taxes for redistributive purposes.
  • Liberty and the Meaning of Society and the “Social” For the classical liberal or libertarian, on the other hand, government is considered an agency for the protection of each individual’s rights. “Society” is comprised of the networks of relationships and associations formed by individuals and in which they interact for various fulfillments of human happiness and well-being.
  • The purpose of government in the classical liberal or libertarian perspective is to assure the security and protection from private plunder and violence that would disrupt or disturb the peaceful pursuits that individuals find it useful and enjoyable and fulfilling to follow through various and diverse associations of civil society.
  • Furthermore, the interventionist-welfare state undermines people’s personal and financial ability to participate in those acts and associations of benevolence towards others that they are called by their conscience to pursue in the ways they consider best and most likely of success. The redistributive state arrogantly replaces each person’s personal judgment and decision with that of the self-appointing “experts” who claim to speak and know best for society through the coercive arm of government.
  • Matching these ethical issues of the rights of the individual to live and act peacefully for himself as he sees best, the “progressive” often demonstrates a blinding degree of ignorance and misinformation about the workings of a competitive market economy, the nature of the profit and loss system, and the “invisible hand” of competitive cooperation through the peaceful and the voluntarist pursuit of self-interest. He suffers from a confused, garbled, and contradictory grab bag of ideas derived from Marxism, Fabian socialism, nationalism, fascism, and, though it would be radically and vehemently denied, often-subtle forms of racism, as well.
  • Through all the progressive’s rhetoric about “democracy” and “equality” and “social justice” and “diversity,” theirs is a political philosophy and public policy ideology of elitism, hubris, and authoritarianism dominated by the idea and ideal of remaking human beings, human relationships and the structure and order of society into redesigned patterns and shapes that reflect their notion of how people should live, work, associate and earn a living.
  • Gary Edwards on 06 Apr 16
     
    "Conflicting Meanings of Freedom For a classical liberal, freedom means that each individual possesses as a human being certain inviolable rights, those being rights to his life, liberty and honestly acquired property. And that human relationships should be based on voluntary consent and mutual agreement. For my interlocutor, freedom means "empowerment" or the ability to do or achieve certain things, without which "freedom" is not complete. These include a minimum or "decent" standard of living and the ability to attain certain potentials in life, which are everyone's "right" as a member of society. For my fellow conversationalist, society is a shared "community" of human beings each of whom owes certain things to the others, just as the others owe certain things to us. Society might be viewed as an extended family, from this perspective, all the members of which have certain required obligations to support and give assistance to their social "relatives." I suggested that society is a network of human relationships formed between individuals based upon opportunities for mutual betterment, including both the economic and the cultural in the widest sense, the fundamental foundation of which derives from those essential individual rights. The "Social Contract": Individualist or Collectivist? My dinner companion raised the issue of "the social contract," to which we are all participants and benefactors, he said. He referenced the famous French eighteenth century philosopher, Jean-Jacque Rousseau, who reasoned that man began as savages in the wild threatened by both beast and other men. Everyone entered into a social contract and formed society for mutual safety and betterment by giving up a portion of their complete and unrestrained "freedom" in that earlier setting of savagery for the order and security of shared community. The freedom given up is compensated by safety and the security of mutual aid, including the modern welf
Gary Edwards

The Declaration of Independence Affirms Unalienable Property Rights - 1 views

www.lonang.com/...s21b.htm

property-rights Unalienable-Rights socialism liberalism redistribution-of-wealth

shared by Gary Edwards on 17 Mar 12 - No Cached
  • Gary Edwards on 17 Mar 12
     
    I needed some background regarding the founding documents and their position on individual property rights.  Google came back with this gem!   The basic argument i'm pursuing is that socialism is unconstitutional because it's based on the selective seizure and redistribution of wealth.  Meaning, not all citizens are equal before the law.  The complaints lodged against King George in the Declaration of Independence are very much about the colonist not having the same rights of Englishmen as those whom the King favors. excerpt: the purpose of the Declaration of Independence. "Not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject . . . ."1 The "common sense of the subject" expressed in the Declaration of Independence was that a national civil government must be based upon the "Laws of Nature and of Nature's God." The laws of nature and of nature's God dictate that all men are equally endowed by their Creator with unalienable rights to "Life, Liberty and the pursuit of Happiness." In Jefferson's day, the common sense of the subject was that the pursuit of happiness included the unalienable right of the individual to acquire, possess, protect and dispose of property. Because the purpose of civil governments was to secure unalienable rights, violations of one's unalienable right of property were subject to civil sanction. Today, however, the common sense of the subject is quite the opposite. The modern idea is that civil government properly possesses all power over all subjects of property. Any rights that may exist are derived from the civil government. Any rights to property that a person has may be regulated, limited or revoked by the civil government in order to satisfy the "public interest." Some have advocated that there are no such things as rights, but merely social duties. There is a clear distinction betwee
Paul Merrell

Victory! Federal Court Recognizes Constitutional Rights of Americans on the No-Fly List... - 0 views

www.aclu.org/...ctory-federal-court-recognizes

war on terror™ no-fly-list Due Process litigation

shared by Paul Merrell on 31 Dec 13 - No Cached
  • A federal court took a critically important step late yesterday towards placing a check on the government's secretive No-Fly List. In a 38-page ruling in Latif v. Holder, the ACLU's challenge to the No-Fly List, U.S. District Court Judge Anna Brown recognized that the Constitution applies when the government bans Americans from the skies. She also asked for more information about the current process for getting off the list, to inform her decision on whether that procedure violates the Fifth Amendment guarantee of due process. We represent 13 Americans, including four military veterans, who are blacklisted from flying. At oral argument in June on motions for partial summary judgment, we asked the court to find that the government violated our clients' Fifth Amendment right to due process by barring them from flying over U.S. airspace – and smearing them as suspected terrorists – without giving them any after-the-fact explanation or a hearing at which to clear their names. The court's opinion recognizes – for the first time – that inclusion on the No-Fly List is a draconian sanction that severely impacts peoples' constitutionally-protected liberties. It rejected the government's argument that No-Fly list placement was merely a restriction on the most "convenient" means of international travel.
  • Such an argument ignores the numerous reasons an individual may have for wanting or needing to travel overseas quickly such as for the birth of a child, the death of a loved one, a business opportunity, or a religious obligation. According to the court, placement on the No-Fly List is like the revocation of a passport because both actions severely burden the right to international travel and give rise to a constitutional right to procedural due process: Here it is undisputed that inclusion on the No-Fly List completely bans listed persons from boarding commercial flights to or from the United States or over United States air space.  Thus, Plaintiffs have shown their placement on the No-Fly List has in the past and will in the future severely restrict Plaintiffs' ability to travel internationally. Moreover, the realistic implications of being on the No-Fly List are potentially far-reaching. For example, TSC [the Terrorist Screening Center] shares watchlist information with 22 foreign governments and United States Customs and Boarder [sic] Protection makes recommendations to ship captains as to whether a passenger poses a risk to transportation security, which can result in further interference with an individual's ability to travel as evidenced by some Plaintiffs' experiences as they attempted to travel abroad by boat and land and were either turned away or completed their journey only after an extraordinary amount of time, expense, and difficulty. Accordingly, the Court concludes on this record that Plaintiffs have a constitutionally-protected liberty interest in traveling internationally by air, which is affected by being placed on the list. The court also found that the government's inclusion of our clients on the No-Fly List smeared them as suspected terrorists and altered their ability to lawfully board planes, resulting in injury to another constitutionally-protected right: freedom from reputational harm.
  • The importance of these rulings is clear. Because inclusion on the No-Fly List harms our clients' liberty interests in travel and reputation, due process requires the government to provide them an explanation and a hearing to correct the mistakes that led to their inclusion. But under the government's "Glomar" policy, it refuses to provide any information confirming or denying that our clients are on the list, let alone an after-the-fact explanation and hearing. The court has asked the ACLU and the government for more information about the No-Fly List redress procedure to help it decide the ultimate question of whether that system violates the Fifth Amendment right to due process. We are confident the court will recognize that the government's "Glomar" policy of refusing even to confirm or deny our clients' No-Fly List status (much less actually providing the reasons for their inclusion in the list) is fundamentally unfair and unconstitutional.
  • Paul Merrell on 31 Dec 13
     
    A case decision in August that I had missed, right here in Oregon. One of our Oregon federal judges gets it right after being reversed the first time by the 9th U.S. Circuit Court of Appeals. I've read the opinion. Looks quite solid. Plaintiffs were carefully chosen for this test case, 13 citizens placed on the no-fly list, all with compelling stories of winding up stranded, some overseas. Several are U.S. military veterans. All were told by government officials that the reason they could not board was because they were on the TSA no-fly list. At issue is whether they have a right to be informed of the information that resulted in them being placed on the no-fly list and a right to a hearing to seek correction of the information. Their constitutional interest in their reputations is also in play, since they have been classified by their government as too dangerous to allow to travel by commercial airline.   The district court case is not done; the judge has ordered further briefing on some issues. But the government is trying to defend a process in which no one is ever formally notified that they are on the no-fly list and is never advised of the reasons they are on the no-fly list. The number of Americans on the no-fly list is now over 700,000. But the judge has recognized that there is a constitutional right to travel and that it extends to international travel. From the opinion: "Plaintiffs contend the government has deprived them of their protected liberty interest in travel. In Kent v. Dulles, 357 U.S. 116 (1958), the Supreme Court held "[t]he right to travel is part of the 'liberty' of which the citizen cannot be deprived without due process of law under the Fifth Amendment."  Id. at 125. As noted by the Ninth Circuit, "the [Supreme] Court has consistently treated the right to international travel as a liberty interest that is protected by the Due Process Clause of the Fifth Amendment." DeNieva v. Reyes, 966 F.2d 480, 485 (9th Cir. 1992)(emp
Gary Edwards

Tyranny? What Tyranny? - The Patriot Post - 0 views

patriotpost.us/18095

Tea-Party-Patriots Patriot-Post Socialism

shared by Gary Edwards on 09 May 13 - No Cached
  • Gary Edwards on 09 May 13
     
    Like most concerned citizens, my inbox is overflowing with Tea Party - Libertarian - Conservative news and articles.  Lots of shrill tones and emotional angst, and there is no doubt in my mind that the socialists are trying to push this country into open rebellion and civil war.  It's the only way they get to totally discard the Constitution and Bill of Rights.   Sanity for me has become the study of our history, and the long hard march toward freedom and individual liberty our forefathers made.  The Patriot Post is one of the few publications I've found that can consistently link the socialist civil war and globalist events of the day to the cultural and historical legacy of that great march towards individual liberty and freedom.  This most recent article hit me between the eyes.  Maybe someday I'll understand why this kind of discussion shakes me to the core.  For now though, I hope you'll give it some consideration.  And like me try to stay calm in the midst of Benghazigate, Fast and Furious, ObamaCare and the incredible avalanche of daily assaults on our Constitution and the individual liberties that great document was designed to protect and defend. excerpt: "From the days of Woodrow Wilson to those of Barack Obama, and encompassing all the "progressives" in between, taxpayer-funded academic institutions have been the breeding ground for generations of socialists. For most leftists, the crucial years that cemented their worldview were the ones they spent in our nation's colleges and universities. Given that some substantial number of the adoring, bright-eyed beneficiaries of Obama's rhetoric have no concept of Essential Liberty and its antithesis, tyranny, let me take apart the selected excerpt of Obama's oration and provide those graduates with an introductory lesson in Liberty. After all, most of the class of 2013 will have plenty of time to contemplate this lesson, as more than half of college and university graduates entering the "Obamanomic
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

www.thenation.com/...ard-snowden-changed-everything

surveillance state Snowden Wizner state-of-play civil-liberties must-read

shared by Paul Merrell on 16 Nov 15 - No Cached
  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
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  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
  • Paul Merrell on 16 Nov 15
     
    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Gary Edwards

The Feds Criminalize Ordinary Life - 0 views

cfif.org/...feds-criminalize-ordinary-life

Civil-Liberties Gestapo-Government Jackboot-Obammunism Federal-Regulations

shared by Gary Edwards on 29 Sep 11 - No Cached
  • Ordinary life should not be treated as a criminal conspiracy.
  • Former U.S. attorney generals Ed Meese and Richard Thornburgh asked Congress last winter merely to ensure that any bills carrying criminal penalties be referred to the Judiciary Committee for review.
  • To their great discredit, the House GOP leadership failed to adopt such a rule.
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  • In truth, Congress should do far more.
  • It should undertake a comprehensive review of the federal criminal code – and perform some radical liposuction on it.
  • Gary Edwards on 29 Sep 11
     
    Looks like the issue of Civil Liberties and the Obama Gestapo Government are getting traction in the main stream media.  So far the incredible increase in Obammunism's crushing Federal Regulations has been focused on the economic destruction caused.  The flip side of the Obammunism coin is that of Civil Liberties and the 10th Amendment getting similarly crushed. excerpt: Finally, some front-page attention to a major, and frightening, American problem! Tuesday's Wall Street Journal featured an in-depth look at how federal laws increasingly apply criminal penalties for violations involving no mens rea, roughly translated as a "guilty mind." The stricture against criminal penalties for unwitting violations is an age-old, bedrock legal principle. Alas, in today's dangerously armed, bureaucratic super-state, ancient legal principles go by the wayside when politicians pretend to be "tough on crime" and when officious civil "servants" indulge their fetishes for power. U.S. governments at every level these days are prone to "overcriminalization," which means turning ordinary activity into violations of the law, turning what should be civil violations into criminal ones, and applying penalties far harsher than should be warranted. On the mens rea front, the Journal explains: "In recent decades, Congress has repeatedly crafted laws that weaken or disregard the notion of criminal intent. Today not only are there thousands more criminal laws than before, but it is easier to fall afoul of them…. Today, there are an estimated 4,500 crimes in federal statutes, plus thousands more embedded in federal regulations."
Gary Edwards

The Basic Library - Article V Project To Restore Liberty - 2 views

articlevprojecttorestoreliberty.com/the-basic-library.html

Heritage-of-freedom freedom-liberty

shared by Gary Edwards on 09 Aug 13 - No Cached
  • Gary Edwards on 09 Aug 13
     
    "Free Google Book Search (360 B.C.) The Republic - Plato (46 B.C.) Cicero's Brutus - Cicero   (1517) Discourses on Livy - Machiavelli (1553) The Discourse of Voluntary Servitude - Étienne de La Boétie (1690) Two Treatises of Government - John Locke   (1698) Discourses Concerning Government - Algernon Sydney Sidney's Discourses and Locke's Second Treatise were recommended by Jefferson and Madison as containing the "general principles of liberty and the rights of man, in nature and society" (1748) The Spirit of Laws  - Montesquieu (1748) The Principles of Natural and Politic Law - Burlamaqui   (1755) Old Family Letters - John Adams (1758) The Law of Nations- Vattel   (1764-1769) The Writings of Samuel Adams (1765-1769) Blackstone's Commentaries on the Laws of England (1766) The Declaratory Act (1770) The Writings of John Adams V1-2              The Writings of John Adams V3-4              The Writings of John Adams V5-7              The Writings of John Adams V8-10   (1771-1788) The Autobiography of Benjamin Franklin (1772) The Votes and Proceedings of the Freeholders and other Inhabitants (1774) A Full Vindication of the Measures of Congress - Hamilton (1774) Novanglus - John Adams Principle Controversy between Great Britain and Her Colonies (1776) Common Sense- Thomas Paine One Incident which gave a stimulus to the pamphlet Common Sense was, that it happened to appear on the very day that the King of England's speech reached the United States, in which the Americans were denounced as rebels and traitors, and in which speech it was asserted to be the right of the legislature of England to bind the Colonies in all cases whatsoever. (1776-1783) The Crisis- Thomas Paine (1780) Journal of the Convention for Framing the Massachusetts Bay Constitution (1785) Remarks concerning the Government and Laws of the United States of America: in Four Letters addressed to Mr. Adams (1787) The Anti-Federalist (audio) (1787) The Federalist
Gary Edwards

Liberty in the Breach - 0 views

bayareapatriot.blogspot.com

Banksters Obammunism Reagan-Constitutional-Conservative Reagan-Libertarian RedState

shared by Gary Edwards on 22 Feb 12 - No Cached
  • Gary Edwards on 22 Feb 12
     
    Stick to the Constitution and your principles become a matter of individual liberty.  Put your personal principles ahead of the Constitution, and big government socialist and establishment trough feeders will paint your wagon with the tyranny of conservative social, Christian, and national security "values". So goes my response to the Red State article: "Principle as Political Liability - even as Reagan understood it".  The article was written at the height of Obama's assault on Santorum.  Pretty cheeky stuff, even for Obama.  With Romney, Obama went all out with a class warfare assault.  Even went so far as to marshal an army of brown and purple shirt anarchist occupying and protesting the very same Banksters who funded Obama in 2008, and have been taking huge bailouts and kickbacks at the taxpayers expense ever since.  Today Santorum is the threat, so Obama has switched to religious warfare and the supposed threat of conservative Christian values to socialist civil liberties.  Awful stuff.  Especially when Obama is busy trying to convince independents that not only is he a Christian, but Christ himself would support the peculiar social marxism - bankster crony corrupt corporatism combination that defines Obammunism. The point i tried to make is that of a recent discovery having a great impact on my own political, economic and philosophical identification; my conversion from that of a long time Reagan conservative to that of a Reagan libertarian.   My "discovery" was that the Constitution champions only one "value" - that of individual liberty and the necessary cornerstones needed for limited governance based on ordered liberty.  The threat any principled position based on conservative values holds is that conservatives will try to burn those values into Federal law, policy and regulatory practice.  
Gary Edwards

Obama Comes Out of the Closet and Embraces Gay Marriage « azizonomics - 0 views

azizonomics.com/...obama-embraces-gay-marriage

azonomics Liberty-in-the-breach

shared by Gary Edwards on 11 May 12 - No Cached
  • Gary Edwards on 11 May 12
     
    Good discussion about the crap being thrown at Americans, as big media bangs the drum of nonsense, and the "sturm und drang" of election politics rolls on.  What really matters is what's not being discussed; the destruction of America, American individual liberty, and our Constitutional way of life.   excerpt: It just seems like an easy issue for Obama to posture on, while trampling the Constitution into the dirt. When it comes to civil liberties, Obama has always talked a good game, and then acted more authoritarian than Bush. He talked about an end to the abuses of the Bush years and an open and transparent government, yet extended the Fourth-Amendment-shredding Patriot Act, empowered the TSA to produce naked body scans and engage in humiliatingly sexual pat-downs, signed indefinite detention of American citizens into law, claimed and exercised the power to assassinate American citizens without trial, and aggressively prosecuted whistleblowers. Under his watch the U.S. army even produced a document planning for the reeducation of political activists in internment camps. Reeducation camps? In America? And some on the left are still crowing that talking about being in favour of gay marriage makes him "pro-civil liberties"? Is this a joke? Here are a few metrics that we should be judging Obama on: People not in the labour force is spiking:
Gary Edwards

A Victory for All of Us - Liberty in the Breach - 0 views

www.paulcraigroberts.org/...a-victory-for-all-of-us

Paul-Craig-Roberts Liberty-Tryanny Liberty-in-the-breach NDAA

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  • Gary Edwards on 11 Jul 12
     
    Details of how a federal Judge came to rule that the insideous NDAA law is un Constitutional. excerpt: Posted on May 18, 2012 By Chris Hedges In January, attorneys Carl Mayer and Bruce Afran asked me to be the lead plaintiff in a lawsuit against President Barack Obama and Defense Secretary Leon Panetta that challenged the harsh provisions of the National Defense Authorization Act (NDAA). We filed the lawsuit, worked for hours on the affidavits, carried out the tedious depositions, prepared the case and went to trial because we did not want to be passive in the face of another egregious assault on basic civil liberties, because resistance is a moral imperative, and because, at the very least, we hoped we could draw attention to the injustice of the law. None of us thought we would win. But every once in a while the gods smile on the damned. U.S. District Judge Katherine Forrest, in a 68-page opinion, ruled Wednesday that Section 1021 of the NDAA was unconstitutional. It was a stunning and monumental victory. With her ruling she returned us to a country where-as it was before Obama signed this act into law Dec. 31-the government cannot strip a U.S. citizen of due process or use the military to arrest him or her and then hold him or her in military prison indefinitely. She categorically rejected the government's claims that the plaintiffs did not have the standing to bring the case to trial because none of us had been indefinitely detained, that lack of imminent enforcement against us meant there was no need for an injunction and that the NDAA simply codified what had previously been set down in the 2001 Authorization to Use Military Force Act. The ruling was a huge victory for the protection of free speech. Judge Forrest struck down language in the law that she said gave the government the ability to incarcerate people based on what they said or wrote. Maybe the ruling won't last. Maybe it will be overturned. But we and other Americans are
  • Paul Merrell on 12 Jul 12
Gary Edwards

Seize First, Question Later: The Institute for Justice's New Report on the IRS' Abusive... - 0 views

www.cato.org/...busive-civil-forfeiture-regime

IRS CATO-Institute Libertarian

shared by Gary Edwards on 07 Feb 15 - No Cached
  • Gary Edwards on 07 Feb 15
     
    "Federal civil forfeiture laws give the Internal Revenue Service the power to clean out bank accounts without charging their owners with any crime. Making matters worse, the IRS considers a series of cash deposits or withdrawals below $10,000 enough evidence of "structuring" to take the money, without any other evidence of wrongdoing. Structuring-depositing or withdrawing smaller amounts to evade a federal law that requires banks to report transactions larger than $10,000 to the federal government-is illegal, but more importantly, structured funds are also subject to civil forfeiture. Civil forfeiture is the government's power to take property suspected of involvement in a crime. Unlike criminal forfeiture, no one needs to be convicted of-or even a charged with-a crime for the government to take the property. Lax civil forfeiture standards enable the IRS to "seize first and ask questions later," taking money without serious investigation and forcing owners into a long and difficult legal battle to try to stop the forfeiture. Any money forfeited is then used to fund further law enforcement efforts, giving agencies like the IRS an incentive to seize. Data provided by the IRS indicate that its civil forfeiture activities for suspected structuring are large and growing…"
Gary Edwards

The Sides Are Forming For The Coming Civil War. | Militia News - 1 views

www.militianews.com/rming-for-the-coming-civil-war

Obammunism financial-collapse financial-oligarchs banksters

shared by Gary Edwards on 29 Nov 13 - No Cached
  • America is in the choosing sides phase of the coming civil war. To use a college recruiting phrase, it is accurate to state that the letters of intent to join one side or another have mostly been signed and the commitments offered. However, there is one big uncommitted piece, but very soon the sides will be drawn.
  • The Chess Pieces of Civil War What is going on today in America all about choosing sides. There are clear lines being formed in the United States. The recruiting pool consists of the Department of Homeland Security, the American military, local law enforcement, the Russian troops pouring into the United States, the trickle of Chinese troops coming into the country through Hawaii and, of course, the poor, the middle class and elite. This is the recruiting pool which will form the chess pieces of the coming American Civil War. Even if all parties in this country wanted the country to continue, even in its present mortally wounded state, it would be foolish to believe that it could continue for much longer.
  • Before the cognitive dissonance crowd rears their ugly heads and accuses me of fear mongering, ask yourself what the elite did prior to the crash of the economy in 1929. For example, Joseph Kennedy took his money out of the stock market the day BEFORE it crashed. Vanderbilt, Rockefeller, Westinghouse, et al., all took their money out just prior to the crash, leaving the ignorant masses unaware of what was coming. Don’t make the same mistake.
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  • The net result of these staggering numbers can only end one way, and that is with a financial collapse, followed by a bank holiday, rioting in the streets and the full roll out of martial law. These financial numbers guarantee that the party cannot continue much longer. Since America, in her present form, cannot continue much longer without experiencing a cataclysmic shift, we would be wise to realize what resources are going to be the impetus for civil war. When you play the board game, Monopoly, the properties on Boardwalk are among the most coveted. It is no different in real life. The biggest prize of the coming conflict is real estate. Homes, office buildings and shopping malls are the most coveted prize. The MERS mortgage fraud continues unabated as millions of homes have been confiscated through mortgage fraud. When the dollar is worthless and is awaiting its replacement (e.g. the Amero or the Worldo), real estate will be more valuable than gold.
  • Other big game that is being hunted by both sides in the coming civil war will be bank accounts, which must be looted before the dormant computer digits we call money can be converted into hard assets. That is why my advice is, and has been, convert your cash into tangible assets which can enhance your survivability in the upcoming crash.
  • Also, your pensions, your 401K’s and your various entitlement programs are also at risk as evidenced by Secretary of Treasury Jack Lew’s “borrowing” from various Federal retirement accounts in order to increase the debt ceiling fight that will resurface in Congress, again, early next year.
  • Again, my advice is to convert your assets in tangible items which will aid in getting you through some very dark days coming up in the near future.
  • Barring a false flag event, US martial law will have a trigger event, which will lead to martial law, that will be financial and it will naturally occur as we are already on a collision course with destiny.
  • I have news for you, there are Federal officials in every town, city and county in America. If one violates HR 347, they will be immediately arrested and charged with a felony.
  • The NDAA constitutes another big fence being built around the people in which all due process will soon be gone. The NDAA will allow the administration the “legal” right to secretly remove any burgeoning leadership of citizen opposition forces.
  • The second provision which will allow this country to quickly transition to martial law is Executive Order (EO) 13603 which allows the President to take control over any resource, property and even human labor within the United States. This EO gives the President unlimited authority including the ability to initiate a civilian draft as well as a military draft.
  • In short, this spells the potential enslavement of the American people.
  • For those of you who still have your blinders on, research the NDAA and EO 13603 and then when you realize that I am correct in my interpretation, ask yourself one question; If the powers that be were not going to seize every important asset, then why would the government give itself the power to do just that?
  • And while you are at it, remember the Clean Water Act gives the EPA to control all private property as well as the precious resources of all water. And then of course, the FDA and the conflicts with local farmers is escalating.
  • And if this is not enough to convince the sheep of this country that the storm clouds are overhead, then take a look at HR 347 which outlaws protesting and takes away the First Amendment. This unconstitutional legislation makes it illegal to criticize the President and the government, as a whole, in the presence of Federal officials.
  • There are three paramount numbers that every American should be paying attention to and they are (1) national deficit ($17 trillion dollars), (2) the unfunded liabilities debt ($238 trillion dollars), and (3) the derivatives/futures debt (one quadrillion dollars which is 16 times the entire wealth of the planet.
  • I just saw the Hunger Games sequel, Catching Fire, and this is eerily similar to what I saw in the movies in that the people are being provoked to revolution.
  • in the TV show, Revolution, the most evil entity in the series is the re-emergence of the United States government and the heroes of the show are rebelling against the abuse.
  • It seems like everywhere we turn in the media, the people are being encouraged to rise up now and challenge authority. I am sure the establishment would rather confront a small group of dissidents and squelch the rebellion now, before the numbers can become significant and overwhelming to the establishment and this theme is being carried out in the media.
  • The final action will consist of gun confiscation and one side of the coming conflict is attempting to position themselves to do that in the near future and that would be the DHS, the Russians and the Chinese.
  • I cannot think of another legitimate reason which would describe why they are here.
  • Paul Merrell on 30 Nov 13
     
    While I'd be the first to agree that the degree of fiscal mismanagement of this nation's economy is beyond insane and have to admit that I see very little to admire in Barack Obama's presidency, the meme about Executive Order 13603 authorizing confiscation of any property and enslavement of the American public needs to be put to rest. See http://www.archives.gov/federal-register/executive-orders/2012.html#13603 E.O. 13603 is not much more than an updating of similar executive orders issued by prior presidents beginning with Dwight Eisenhower. In fact, in skimming it a few minutes ago, I didn't see anything drastically different from some of the prior related orders. E.g., it reflects that a bunch of agencies that were formerly either independent or under other departments are now under the newish Department of Homeland Security, whose Secretary now gets the authority formerly delegated to other department and agency heads. If blame must be cast, it belongs on the Congress that enacted the Defense Production Act of 1950, 50 U.S.C. 2061, et seq. The executive order does no more than obey that Act's instructions. For example there is a section authorizing pre-emption of manufacturing capacity of critical industries over any existing civilian contracts in the event of a national emergency, but that language is in the statute as well. But that power hasn't had much traction since Harry Truman tried to nationalize the steel industry to break a nationwide strike. The Supreme Court swatted down that effort as an abuse of a power that would be lawful in a true emergency, like another major. But even that semi-radical "survival" power is ameliorated by other provisions of the statute and the order that authorize loan guarantees for companies' construction and maintenance of critical productive capacity. Much of that has been implemented over the years as outright grants. So for example, many chemical manufacturing plants were built with Defense Production Act funds, with
Paul Merrell

FBI demands new powers to hack into computers and carry out surveillance | US news | Th... - 0 views

www.theguardian.com/...hacking-computers-surveillance

surveillance state FBI Fed.R.Crim.P.-41 roving-warrants

shared by Paul Merrell on 01 Nov 14 - No Cached
  • The FBI is attempting to persuade an obscure regulatory body in Washington to change its rules of engagement in order to seize significant new powers to hack into and carry out surveillance of computers throughout the US and around the world. Civil liberties groups warn that the proposed rule change amounts to a power grab by the agency that would ride roughshod over strict limits to searches and seizures laid out under the fourth amendment of the US constitution, as well as violate first amendment privacy rights. They have protested that the FBI is seeking to transform its cyber capabilities with minimal public debate and with no congressional oversight. The regulatory body to which the Department of Justice has applied to make the rule change, the advisory committee on criminal rules, will meet for the first time on November 5 to discuss the issue. The panel will be addressed by a slew of technology experts and privacy advocates concerned about the possible ramifications were the proposals allowed to go into effect next year.
  • “This is a giant step forward for the FBI’s operational capabilities, without any consideration of the policy implications. To be seeking these powers at a time of heightened international concern about US surveillance is an especially brazen and potentially dangerous move,” said Ahmed Ghappour, an expert in computer law at University of California, Hastings college of the law, who will be addressing next week’s hearing. The proposed operating changes related to rule 41 of the federal rules of criminal procedure, the terms under which the FBI is allowed to conduct searches under court-approved warrants. Under existing wording, warrants have to be highly focused on specific locations where suspected criminal activity is occurring and approved by judges located in that same district. But under the proposed amendment, a judge can issue a warrant that would allow the FBI to hack into any computer, no matter where it is located. The change is designed specifically to help federal investigators carry out surveillance on computers that have been “anonymized” – that is, their location has been hidden using tools such as Tor.
  • Were the amendment to be granted by the regulatory committee, the FBI would have the green light to unleash its capabilities – known as “network investigative techniques” – on computers across America and beyond. The techniques involve clandestinely installing malicious software, or malware, onto a computer that in turn allows federal agents effectively to control the machine, downloading all its digital contents, switching its camera or microphone on or off, and even taking over other computers in its network.
  • ...2 more annotations...
  • Civil liberties and privacy groups are particularly alarmed that the FBI is seeking such a huge step up in its capabilities through such an apparently backdoor route. Soghoian said of next week’s meeting: “This should not be the first public forum for discussion of an issue of this magnitude.” Jennifer Granick, director of civil liberties at the Stanford center for internet and society, said that “this is an investigative technique that we haven’t seen before and we haven’t thrashed out the implications. It absolutely should not be done through a rule change – it has to be fully debated publicly, and Congress must be involved.” Ghappour has also highlighted the potential fall-out internationally were the amendment to be approved. Under current rules, there are no fourth amendment restrictions to US government surveillance activities in other countries as the US constitution only applies to domestic territory.
  • Another insight into the expansive thrust of US government thinking in terms of its cyber ambitions was gleaned recently in the prosecution of Ross Ulbricht, the alleged founder of the billion-dollar drug site the Silk Road. Experts suspect that the FBI hacked into the Silk Road server, that was located in Reykjavik, Iceland, though the agency denies that. In recent legal argument, US prosecutors claimed that even if they had hacked into the server without a warrant, it would have been justified as “a search of foreign property known to contain criminal evidence, for which a warrant was not necessary”.
  • Paul Merrell on 01 Nov 14
     
    This rule change has been in the works during the last year.  "The change is designed specifically to help federal investigators carry out surveillance on computers that have been "anonymized" - that is, their location has been hidden using tools such as Tor."  Are we dizzy yet? The State Department is pushing the use of TOR by dissidents in nations whose governments State and the CIA intends to overthrow. Meanwhile, Feed Bag, Inc. wants use of TOR to be sufficient grounds for installing malware on anyone using it to make their systems and all their systems can see or hear be an open book. Let's see. There's the First Amendment right to anonymous speech just to begin with. McIntyre v. Ohio Elections Comm'n, 514 US 334 (1995). ("Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation-and their ideas from suppression-at the hand of an intolerant society. The right to remain anonymous may be abused when it shields fraudulent conduct. But political speech by its nature will sometimes have unpalatable consequences, and, in general, our society accords greater weight to the value of free speech than to the dangers of its misuse.") (Internal citation omitted.) And of course there's the Natural Law liberty to whisper, to utter words in a way that none but the intended recipient can hear. So throw on the violation of the Fifth Amendment's Liberty clause. Then there's the plain language of the Fourth Amendment warrant clause, "particularly describing the *place* to be searched." Not to mention the major reason for the Fourth Amendment, to abolish the "general warrant" that had enabled the Crown to search wherever the warrant's executor's little heart desired.  And th
Gary Edwards

Ted Cruz: Legal Limit Report 4 - 0 views

www.scribd.com/...Ted-Cruz-Legal-Limit-Report-4

Ted-Cruz rule-of-law

shared by Gary Edwards on 07 May 14 - No Cached
  • Gary Edwards on 07 May 14
     
    "  1 THE LEGAL LIMIT: THE OBAMA ADMINISTRATION'S ATTEMPTS TO EXPAND FEDERAL POWER  Report No. 4: The Obama Administration's Abuse of Power By U.S. Senator Ted Cruz (R-TX) Ranking Member Senate Judiciary Subcommittee on The Constitution, Civil Rights and Human Rights Of all the troubling aspects of the Obama presidency, none is more dangerous than the President's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. The President's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too. Rule of law doesn't simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled   by laws, not men. No one-and especially not the president-is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to "take Care that the Laws be faithfully executed." R ather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying, and waiving portions of the laws that he is charged to enforce. When President Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, drug laws, and the federal Defense of Marriage Act. In the more than two centuries of our nation's history, there is simply no precedent for the White House wantonly ignoring federal law and asking others to do the same. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore th
  • Gary Edwards on 08 May 14
     
    "  1 THE LEGAL LIMIT: THE OBAMA ADMINISTRATION'S ATTEMPTS TO EXPAND FEDERAL POWER  Report No. 4: The Obama Administration's Abuse of Power By U.S. Senator Ted Cruz (R-TX) Ranking Member Senate Judiciary Subcommittee on The Constitution, Civil Rights and Human Rights Of all the troubling aspects of the Obama presidency, none is more dangerous than the President's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. The President's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too. Rule of law doesn't simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled   by laws, not men. No one-and especially not the president-is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to "take Care that the Laws be faithfully executed." R ather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying, and waiving portions of the laws that he is charged to enforce. When President Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, drug laws, and the federal Defense of Marriage Act. In the more than two centuries of our nation's history, there is simply no precedent for the White House wantonly ignoring federal law and asking others to do the same. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore the law, or unil
Paul Merrell

It's Time to Rewrite the Internet to Give Us Better Privacy, and Security - The Daily B... - 0 views

www.thedailybeast.com/...tter-privacy-and-security.html

surveillance state lessig surveillance-blocking

shared by Paul Merrell on 22 Jun 13 - No Cached
  • Almost 15 years ago, as I was just finishing a book about the relationship between the Net (we called it “cyberspace” then) and civil liberties, a few ideas seemed so obvious as to be banal: First, life would move to the Net. Second, the Net would change as it did so. Gone would be simple privacy, the relatively anonymous default infrastructure for unmonitored communication; in its place would be a perpetually monitored, perfectly traceable system supporting both commerce and the government. That, at least, was the future that then seemed most likely, as business raced to make commerce possible and government scrambled to protect us (or our kids) from pornographers, and then pirates, and now terrorists. But another future was also possible, and this was my third, and only important point: Recognizing these obvious trends, we just might get smart about how code (my shorthand for the technology of the Internet) regulates us, and just possibly might begin thinking smartly about how we could embed in that code the protections that the Constitution guarantees us. Because—and here was the punchline, the single slogan that all 724 people who read that book remember—code is law. And if code is law, then we need to be as smart about how code regulates us as we are about how the law does so.
  • There is, after all, something hopeful about a future that was smart about encoding our civil liberties. It could, in theory at least, be better. Better at protecting us from future Nixons, better at securing privacy, and better at identifying those keen to commit crime.
  • But what astonishes me is that today, more than a decade into the 21st century, the world has remained mostly oblivious to these obvious points about the relationship between law and code. That’s the bit in the Edward Snowden interview that is, to me, the most shocking. As he explained to Glenn Greenwald: The NSA specially targets the communications of everyone. It ingests them by default. It collects them in its system, and it filters them and it analyzes them and it measures them and it stores them for periods of time simply because that’s the easiest and the most efficient and most valuable way to achieve these ends ... Not all analysts have the ability to target everything. But I sitting at my desk certainly had the authority to wiretap anyone—from you [the reporter, Glenn Greenwald], to your accountant, to a federal judge, to even the president if I had a personal email. We don’t know yet whether Snowden is telling the truth. Lots of people have denied specifics, and though his interview is compelling, just now, we literally don’t know. But what we do know are the questions that ought to be asked in response to his claims. And specifically, this: Is it really the case that the government has entrusted our privacy to the good judgment of private analysts? Are there really no code-based controls for assuring that specific surveillance is specifically justified? And what is the technology for assuring that rogues paid by our government can’t use data collected by our government for purposes that none within our government would openly and publicly defend?
  • ...1 more annotation...
  • Because the fact is that there is technology that could be deployed that would give many the confidence that none of us now have. “Trust us” does not compute. But trust and verify, with high-quality encryption, could. And there are companies, such as Palantir, developing technologies that could give us, and more importantly, reviewing courts, a very high level of confidence that data collected or surveilled was not collected or used in an improper way. Think of it as a massive audit log, recording how and who used what data for what purpose. We could code the Net in a string of obvious ways to give us even better privacy, while also enabling better security. But we don’t, or haven’t, obviously. Maybe because of stupidity. How many congressmen could even describe how encryption works? Maybe because of cupidity. Who within our system can resist large and lucrative contracts to private companies, especially when bundled with generous campaign funding packages? Or maybe because the “permanent war” that Obama told us we were not in has actually convinced all within government that old ideas are dead and we just need to “get over it”—ideas like privacy, and due process, and fundamental proportionality. These ideas may be dead, for now. And they will stay dead, in the future. At least until we finally learn how liberty can live in the digital age. And here’s the hint: not through law alone, but through law that demands code that even the Electronic Frontier Foundation could trust.
  • Paul Merrell on 22 Jun 13
     
    As the most prominent among law professors concerned with online civil liberties and now specializing in government corruption, if Lawrence Lessig says there are technical solutions for protecting us from online government snooping, I'm all years. He directs attention to technology being developed by Palantir, http://www.palantir.com/
Gary Edwards

The Daily Bell - Thomas DiLorenzo: More on the Myth of Lincoln, Secession and the 'Civi... - 1 views

www.thedailybell.com/...ln-Secession-and-the-Civil-War

Lincoln Thomas-DiLorenzo

shared by Gary Edwards on 02 Jun 13 - No Cached
  • The state cannot tell the people that it is bankrupting them and sending their sons and daughters to die by the thousands in aggressive and unconstitutional wars so that crony capitalism can be imposed at gunpoint in foreign countries, and so that the military-industrial complex can continue to rake in billions. That might risk a revolution. So instead, they have to use the happy talk of American virtue and American exceptionalism, the "god" of democracy," etc.
  • Specifically, he repeated the "All Men are Created Equal" line from the Gettysburg Address to make the case that it is somehow the duty of Americans to force "freedom" on all men and women everywhere, all around the globe, at gunpoint if need be. This is the murderous, bankrupting, imperialistic game that Lincoln mythology is used to "justify."
  • Lincoln spent his entire life in politics, from 1832 until his dying day, as a lobbyist for the American banking industry and the Northern manufacturing corporations that wanted cheaper credit funded by a government-run bank.
  • ...18 more annotations...
  • No member of the Whig Party was more in bed with the American banking establishment than Lincoln was, according to University of Virginia historian Michael Holt in his book on the history of the American Whig party.
  • Bank of the United States
  • The Whig Party "had no platform to announce," Masters wrote, "because its principles were plunder and nothing else." Lincoln himself once said that he got ALL of his political ideas from Henry Clay, the icon and longtime leader of the Whig Party.
    • Gary Edwards
      Gary Edwards on 02 Jun 13
       
      Nice insult.  But watch how the interviewer responds; "Thanks for the insight".  These guys are funny!
  • I don't usually answer "when did you stop beating your wife"-type questions since they always come from people with I.Q.s in the single digits.
  • Thanks for the insights
  • War is always destructive to a nation's economy regardless of whether it wins or loses the war.
  • War is the opposite of capitalism.
  • Capitalism is a system of peaceful, mutually-advantageous exchanges at market prices based on the international division of labor.
  • War destroys the international division of labor and diverts resources from peaceful, capitalistic exchange to death and destruction.
  • However, there are always war profiteers – the people who profit from selling and financing the military. One doesn't need to invent a conspiracy theory about this: War profiteering is war profiteering and has always existed as an essential feature of all wars.
  • "American exceptionalism" did not become a tool of American imperialism until AFTER the Civil War.
  • British intellectuals like Lord Acton understood and wrote about how the result of the war would be a US government that would become more tyrannical and imperialistic.
  • Knights of the Golden Circle
  • Davis was not a dictator. He had a lot of help losing the war, especially from his generals who insisted on the Napoleonic battlefield tactics they were taught at West Point and which had become defunct because of the advent of more deadly military technology by the middle of the nineteenth century.
  • One of his biggest failures was waiting until the last year of the war to finally do what General Robert E. Lee had been arguing from the beginning – offering the slaves freedom in return for fighting with the Confederate Army in defense of their country.
  • eaceful secession is the only way out of the new slavery for the average American, and it will only happen if we have a president who is more like Gorbachev than Lincoln.
  • The union of the founders was voluntary, and several states reserved the right to withdraw from the union in the future if it became destructive of their rights. Since each state has equal rights in the union, this became true for all states.
  • Gary Edwards on 02 Jun 13
     
    Thank you Thomas DiLorenzo for having the courage to set the record straight.  IMHO, Lincoln should be remembered for freeing the slaves and standing up to the International Bankster Cartel and Wall Street.  But what he did to the USA Constitution and the Bill of Rights was an unprecedented assault on individual liberty.  Good thing the guy could write beautifully on liberty and freedom because his actions amounted to a historic assault on everything the founding fathers held near and dear. excerpt:    "confronting academic "Lincoln revisionism." "Who was Lincoln really and why have you spent so much of your career trying to return Lincoln's academic profile to reality? Thomas DiLorenzo: Lincoln mythology is the ideological cornerstone of American statism. He was in reality the most hated of all American presidents during his lifetime according to an excellent book by historian Larry Tagg entitled The Unpopular Mr. Lincoln: America's Most Reviled President. He was so hated in the North that the New York Times editorialized a wish that he would be assassinated. This is perfectly understandable: He illegally suspended Habeas Corpus and imprisoned tens of thousands of Northern political critics without due process; shut down over 300 opposition newspapers; committed treason by invading the Southern states (Article 3, Section 3 of the Constitution defines treason as "only levying war upon the states" or "giving aid and comfort to their enemies," which of course is exactly what Lincoln did). He enforced military conscription with the murder of hundreds of New York City draft protesters in 1863 and with the mass execution of deserters from his army. He deported a congressional critic (Democratic Congressman Clement Vallandigham of Ohio); confiscated firearms; and issued an arrest warrant for the Chief Justice when the jurist issued an opinion that only Congress could legally suspend Habeas Corpus. He waged an unnecessary war (all other countries ended slavery
Gary Edwards

The Constitution and Foreign Policy: The Future of Freedom Foundation - 0 views

www.fff.org/fd0707e.asp

Constitution Constitution-Foreign-Policy

shared by Gary Edwards on 17 Jan 12 - No Cached
  • Gary Edwards on 17 Jan 12
     
    The Constitution and Foreign Policy by Bart Frazier, Posted October 17, 2007 Protecting the country from invasion and securing individual rights are two of the vital functions of the federal government. At the same time the government is the greatest threat to our freedom. This was the subject of FFF's June conference, "Restoring the Republic: Foreign Policy and Civil Liberties." An underlying theme, touched on by every one of the speakers, was the relationship between the state and the individual, for it is the individual who ultimately feels the effects of the government policies. For Americans, the rulebook for this relationship is the Constitution. In the United States, the Constitution is the primary connection between the individual and the state. It is the law of the land and the document that trumps all others when determining what the state may and may not do. The Constitution was designed to protect us, the people, from government. It is the government, however, that has advanced an overactive foreign policy for the past several decades, and it is the American people who now feel the adverse effects of the resulting blowback. It is the government that violates civil liberties, and it is the individual who feels the effects of government surveillance, detention, and torture.
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