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Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

www.washingtonexaminer.com/...2613988

Byron-York Trump-Immigration-Order

shared by Gary Edwards on 06 Feb 17 - No Cached
  • Gary Edwards on 06 Feb 17
     
    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Paul Merrell

The Virtue of Subtlety: A U.S. Strategy Against the Islamic State - 0 views

www.forbes.com/...tegy-against-the-islamic-state

war & peace ISIL U.S.-foreign-policy

shared by Paul Merrell on 11 Sep 14 - No Cached
  • U.S. strategy is sound. It is to allow the balance of power to play out, to come in only when it absolutely must — with overwhelming force, as in Kuwait — and to avoid intervention where it cannot succeed. The tactical application of strategy is the problem. In this case the tactic is not direct intervention by the United States, save as a satisfying gesture to avenge murdered Americans. But the solution rests in doing as little as possible and forcing regional powers into the fray, then in maintaining the balance of power in this coalition. Such an American strategy is not an avoidance of responsibility. It is the use of U.S. power to force a regional solution. Sometimes the best use of American power is to go to war. Far more often, the best use of U.S. power is to withhold it. The United States cannot evade responsibility in the region. But it is enormously unimaginative to assume that carrying out that responsibility is best achieved by direct intervention. Indirect intervention is frequently more efficient and more effective.
  • The United States cannot win the game of small mosaic tiles that is emerging in Syria and Iraq. An American intervention at this microscopic level can only fail. But the principle of balance of power does not mean that balance must be maintained directly. Turkey, Iran and Saudi Arabia have far more at stake in this than the United States. So long as they believe that the United States will attempt to control the situation, it is perfectly rational for them to back off and watch, or act in the margins, or even hinder the Americans. The United States must turn this from a balance of power between Syria and Iraq to a balance of power among this trio of regional powers. They have far more at stake and, absent the United States, they have no choice but to involve themselves. They cannot stand by and watch a chaos that could spread to them. It is impossible to forecast how the game is played out. What is important is that the game begins. The Turks do not trust the Iranians, and neither is comfortable with the Saudis. They will cooperate, compete, manipulate and betray, just as the United States or any country might do in such a circumstance. The point is that there is a tactic that will fail: American re-involvement. There is a tactic that will succeed: the United States making it clear that while it might aid the pacification in some way, the responsibility is on regional powers. The inevitable outcome will be a regional competition that the United States can manage far better than the current chaos.
  • There is then the special case of the Islamic State. It is special because its emergence triggered the current crisis. It is special because the brutal murder of two prisoners on video showed a particular cruelty. And it is different because its ideology is similar to that of al Qaeda, which attacked the United States. It has excited particular American passions. To counter this, I would argue that the uprising by Iraq’s Sunni community was inevitable, with its marginalization by Nouri al-Maliki’s Shiite regime in Baghdad. That it took this particularly virulent form is because the more conservative elements of the Sunni community were unable or unwilling to challenge al-Maliki. But the fragmentation of Iraq into Shiite, Sunni and Kurdish regions was well underway before the Islamic State, and jihadism was deeply embedded in the Sunni community a long time ago. Moreover, although the Islamic State is brutal, its cruelty is not unique in the region. Syrian President Bashar al Assad and others may not have killed Americans or uploaded killings to YouTube, but their history of ghastly acts is comparable. Finally, the Islamic State — engaged in war with everyone around it — is much less dangerous to the United States than a small group with time on its hands, planning an attack. In any event, if the Islamic State did not exist, the threat to the United States from jihadist groups in Yemen or Libya or somewhere inside the United States would remain.
  • ...11 more annotations...
  • The issue is whether the United States can live with this situation or whether it must reshape it. The immediate question is whether the United States has the power to reshape it and to what extent. The American interest turns on its ability to balance local forces. If that exists, the question is whether there is any other shape that can be achieved through American power that would be superior. From my point of view, there are many different shapes that can be imagined, but few that can be achieved. The American experience in Iraq highlighted the problems with counterinsurgency or being caught in a local civil war. The idea of major intervention assumes that this time it will be different. This fits one famous definition of insanity.
  • A national strategy emerges over the decades and centuries. It becomes a set of national interests into which a great deal has been invested, upon which a great deal depends and upon which many are counting. Presidents inherit national strategies, and they can modify them to some extent. But the idea that a president has the power to craft a new national strategy both overstates his power and understates the power of realities crafted by all those who came before him. We are all trapped in circumstances into which we were born and choices that were made for us. The United States has an inherent interest in Ukraine and in Syria-Iraq. Whether we should have that interest is an interesting philosophical question for a late-night discussion, followed by a sunrise when we return to reality. These places reflexively matter to the United States. The American strategy is fixed: Allow powers in the region to compete and balance against each other. When that fails, intervene with as little force and risk as possible. For example, the conflict between Iran and Iraq canceled out two rising powers until the war ended. Then Iraq invaded Kuwait and threatened to overturn the balance of power in the region. The result was Desert Storm.
  • The American strategy is fixed: Allow powers in the region to compete and balance against each other. When that fails, intervene with as little force and risk as possible. For example, the conflict between Iran and Iraq canceled out two rising powers until the war ended. Then Iraq invaded Kuwait and threatened to overturn the balance of power in the region. The result was Desert Storm. This strategy provides a model. In the Syria-Iraq region, the initial strategy is to allow the regional powers to balance each other, while providing as little support as possible to maintain the balance of power. It is crucial to understand the balance of power in detail, and to understand what might undermine it, so that any force can be applied effectively. This is the tactical part, and it is the tactical part that can go wrong. The strategy has a logic of its own. Understanding what that strategy demands is the hard part. Some nations have lost their sovereignty by not understanding what strategy demands. France in 1940 comes to mind. For the United States, there is no threat to sovereignty, but that makes the process harder: Great powers can tend to be casual because the situation is not existential. This increases the cost of doing what is necessary. The ground where we are talking about applying this model is Syria and Iraq. Both of these central governments have lost control of the country as a whole, but each remains a force. Both countries are divided by religion, and the religions are divided internally as well. In a sense the nations have ceased to exist, and the fragments they consisted of are now smaller but more complex entities.
  • This strategy provides a model. In the Syria-Iraq region, the initial strategy is to allow the regional powers to balance each other, while providing as little support as possible to maintain the balance of power. It is crucial to understand the balance of power in detail, and to understand what might undermine it, so that any force can be applied effectively. This is the tactical part, and it is the tactical part that can go wrong. The strategy has a logic of its own. Understanding what that strategy demands is the hard part. Some nations have lost their sovereignty by not understanding what strategy demands. France in 1940 comes to mind. For the United States, there is no threat to sovereignty, but that makes the process harder: Great powers can tend to be casual because the situation is not existential. This increases the cost of doing what is necessary. The ground where we are talking about applying this model is Syria and Iraq. Both of these central governments have lost control of the country as a whole, but each remains a force. Both countries are divided by religion, and the religions are divided internally as well. In a sense the nations have ceased to exist, and the fragments they consisted of are now smaller but more complex entities.
  • There is then the special case of the Islamic State. It is special because its emergence triggered the current crisis. It is special because the brutal murder of two prisoners on video showed a particular cruelty. And it is different because its ideology is similar to that of al Qaeda, which attacked the United States. It has excited particular American passions. To counter this, I would argue that the uprising by Iraq’s Sunni community was inevitable, with its marginalization by Nouri al-Maliki’s Shiite regime in Baghdad. That it took this particularly virulent form is because the more conservative elements of the Sunni community were unable or unwilling to challenge al-Maliki. But the fragmentation of Iraq into Shiite, Sunni and Kurdish regions was well underway before the Islamic State, and jihadism was deeply embedded in the Sunni community a long time ago. Moreover, although the Islamic State is brutal, its cruelty is not unique in the region. Syrian President Bashar al Assad and others may not have killed Americans or uploaded killings to YouTube, but their history of ghastly acts is comparable. Finally, the Islamic State — engaged in war with everyone around it — is much less dangerous to the United States than a small group with time on its hands, planning an attack. In any event, if the Islamic State did not exist, the threat to the United States from jihadist groups in Yemen or Libya or somewhere inside the United States would remain.
  • The issue is whether the United States can live with this situation or whether it must reshape it. The immediate question is whether the United States has the power to reshape it and to what extent. The American interest turns on its ability to balance local forces. If that exists, the question is whether there is any other shape that can be achieved through American power that would be superior. From my point of view, there are many different shapes that can be imagined, but few that can be achieved. The American experience in Iraq highlighted the problems with counterinsurgency or being caught in a local civil war. The idea of major intervention assumes that this time it will be different. This fits one famous definition of insanity.
  • Because the Islamic State operates to some extent as a conventional military force, it is vulnerable to U.S. air power. The use of air power against conventional forces that lack anti-aircraft missiles is a useful gambit. It shows that the United States is doing something, while taking little risk, assuming that the Islamic State really does not have anti-aircraft missiles. But it accomplishes little. The Islamic State will disperse its forces, denying conventional aircraft a target. Attempting to defeat the Islamic State by distinguishing its supporters from other Sunni groups and killing them will founder at the first step. The problem of counterinsurgency is identifying the insurgent. There is no reason not to bomb the Islamic State’s forces and leaders. They certainly deserve it. But there should be no illusion that bombing them will force them to capitulate or mend their ways. They are now part of the fabric of the Sunni community, and only the Sunni community can root them out. Identifying Sunnis who are anti-Islamic State and supplying them with weapons is a much better idea. It is the balance-of-power strategy that the United States follows, but this approach doesn’t have the dramatic satisfaction of blowing up the enemy. That satisfaction is not trivial, and the United States can certainly blow something up and call it the enemy, but it does not address the strategic problem. In the first place, is it really a problem for the United States?
  • There is no reason not to bomb the Islamic State’s forces and leaders. They certainly deserve it. But there should be no illusion that bombing them will force them to capitulate or mend their ways. They are now part of the fabric of the Sunni community, and only the Sunni community can root them out. Identifying Sunnis who are anti-Islamic State and supplying them with weapons is a much better idea. It is the balance-of-power strategy that the United States follows, but this approach doesn’t have the dramatic satisfaction of blowing up the enemy. That satisfaction is not trivial, and the United States can certainly blow something up and call it the enemy, but it does not address the strategic problem. In the first place, is it really a problem for the United States? The American interest is not stability but the existence of a dynamic balance of power in which all players are effectively paralyzed so that no one who would threaten the United States emerges. The Islamic State had real successes at first, but the balance of power with the Kurds and Shia has limited its expansion, and tensions within the Sunni community diverted its attention. Certainly there is the danger of intercontinental terrorism, and U.S. intelligence should be active in identifying and destroying these threats. But the re-occupation of Iraq, or Iraq plus Syria, makes no sense. The United States does not have the force needed to occupy Iraq and Syria at the same time. The demographic imbalance between available forces and the local population makes that impossible.
  • The danger is that other Islamic State franchises might emerge in other countries. But the United States would not be able to block these threats as well as the other countries in the region. Saudi Arabia must cope with any internal threat it faces not because the United States is indifferent, but because the Saudis are much better at dealing with such threats. In the end, the same can be said for the Iranians. Most important, it can also be said for the Turks. The Turks are emerging as a regional power. Their economy has grown dramatically in the past decade, their military is the largest in the region, and they are part of the Islamic world. Their government is Islamist but in no way similar to the Islamic State, which concerns Ankara. This is partly because of Ankara’s fear that the jihadist group might spread to Turkey, but more so because its impact on Iraqi Kurdistan could affect Turkey’s long-term energy plans.
  • The United States cannot win the game of small mosaic tiles that is emerging in Syria and Iraq. An American intervention at this microscopic level can only fail. But the principle of balance of power does not mean that balance must be maintained directly. Turkey, Iran and Saudi Arabia have far more at stake in this than the United States. So long as they believe that the United States will attempt to control the situation, it is perfectly rational for them to back off and watch, or act in the margins, or even hinder the Americans. The United States must turn this from a balance of power between Syria and Iraq to a balance of power among this trio of regional powers. They have far more at stake and, absent the United States, they have no choice but to involve themselves. They cannot stand by and watch a chaos that could spread to them. It is impossible to forecast how the game is played out. What is important is that the game begins. The Turks do not trust the Iranians, and neither is comfortable with the Saudis. They will cooperate, compete, manipulate and betray, just as the United States or any country might do in such a circumstance. The point is that there is a tactic that will fail: American re-involvement. There is a tactic that will succeed: the United States making it clear that while it might aid the pacification in some way, the responsibility is on regional powers. The inevitable outcome will be a regional competition that the United States can manage far better than the current chaos.
  • U.S. strategy is sound. It is to allow the balance of power to play out, to come in only when it absolutely must — with overwhelming force, as in Kuwait — and to avoid intervention where it cannot succeed. The tactical application of strategy is the problem. In this case the tactic is not direct intervention by the United States, save as a satisfying gesture to avenge murdered Americans. But the solution rests in doing as little as possible and forcing regional powers into the fray, then in maintaining the balance of power in this coalition. Such an American strategy is not an avoidance of responsibility. It is the use of U.S. power to force a regional solution. Sometimes the best use of American power is to go to war. Far more often, the best use of U.S. power is to withhold it. The United States cannot evade responsibility in the region. But it is enormously unimaginative to assume that carrying out that responsibility is best achieved by direct intervention. Indirect intervention is frequently more efficient and more effective.
  • Paul Merrell on 11 Sep 14
     
    The article is by the Chairman of Stratfor, a private intelligence company. I don't agree with its analysis because I am decidedly non-interventionist. But this article should be required reading for all who have fallen for the war fever being spread by the War Party for full-scale military invasion of Iraq and Syria. The article at least lays a sound basis for a large degree of restraint.
Gary Edwards

Possible Constitutional Amendments in the event of an Article V Convention of States - ... - 0 views

teapartyorg.ning.com/...show

Oren-LOng Tea-Party-Patriots Constitutional-Amendments Article-V-Convention

shared by Gary Edwards on 16 Jan 15 - No Cached
  • NUMBER ONE: "Section One:   The Constitution of the United States shall be read and interpreted literally.   No words or phrases shall be changed or substituted and no part of the Constitution shall be used to expand or increase Federal Power or Authority beyond that EXPRESSLY granted and enumerated in the Constitution.   The language of the Constitution shall be interpreted according to the definition of words at the time of their inclusion in the Constitution. Section Two:    Congress shall have, by two thirds vote of both the House of Representatives and the Senate, the power to override individual rulings of the Supreme Court of the United States and/or subordinate Federal Courts.   The President shall not have veto authority over Congressional overrides of Federal Court decisions."
  • NUMBER TWO: "Section One:    No person shall be elected to Congress more than once unless serving in Congress at the time of the ratification of this amendment, in which case members of Congress shall be eligible for re-election to their respective seats one time. Section Two:     In the event the Seventeenth Amendment to the Constitution of the United States is repealed members of the Senate of the United States shall serve at the pleasure and discretion of the Legislature of their respective State. Section Three:  Neither Congress, the President, nor any Federal Court shall make any law, rule, regulation, or order that does not apply equally to themselves and all citizens of the United States.   Nor shall Congress, the President, or any Federal Court cause or allow any law, rule, regulation, or order to be made by any agent or agency of the Federal Government that does not apply equally to themselves and all citizens of the United States.
  • Section Four:    Neither Congress nor the President shall receive any publically-funded retirement or benefit beyond appropriate pay not available to all citizens of the United States. Section Five:    Section Four shall not apply to members of Congress or Presidents, serving or retired, at the time of the ratification of this amendment. Section Six:      The President shall be subject to popular recall by his/her constituency.   Within 90 days of the ratification of this amendment Congress shall pass legislation governing the recall of the President.   In the event Congress fails to pass the required legislation within the required 90 days, the President shall be considered to have been recalled and a new election held within 60 days. Section Seven: Members of Congress shall be subject to popular recall by their respective constituencies, unless the Seventeenth Amendment to the Constitution of the United States is repealed, in which case only members of the House of Representatives shall be subject to popular recall.   Within 90 days of the ratification of this amendment each State shall pass legislation governing the recall of its Congressional Delegation.   In the event a State fails to pass the required legislation within the required 90 days, that State's Congressional Delegation shall be considered to have been recalled and new elections held within 60 days."
  • ...6 more annotations...
  • NUMBER THREE: "Congress shall make and the President shall sign a Balanced Federal Budget every year and before the beginning of the ensuing fiscal year.   In the event Congress and the President fail to make said Balanced Federal Budget before the beginning of the ensuing fiscal year, the last Constitutionally passed and signed Federal Budget shall go into effect and shall be the Federal Budget for the entirety of the ensuing fiscal year.   Balanced shall be defined as expenditures not to exceed revenues except in time of war as declared by Congress.   Revenues shall be defined as monies received; not monies predicted, anticipated, or forecasted.   Unfunded liabilities, obligations, and/or mandates shall be included in the calculation of the Balanced Federal Budget."
  • NUMBER FOUR: "The Fourteenth, Sixteenth, and Seventeenth Amendments to the Constitution of the United States are hereby repealed.   All Federal agencies, programs, laws, rules, regulations, and/or orders created, passed, or handed down as a direct or indirect result of the Fourteenth, Sixteenth, and/or Seventeenth Amendments are hereby stricken from Law, declared null and void, and have no force of effect."
  • NUMBER FIVE: "Section One:     Only persons born of two parents, both of whom are citizens of the United States at the time of the birth of the person, shall be citizens of the United States unless naturalized under the terms and conditions of the Constitution of the United States. Section Two:      Only United States Citizens shall enjoy or receive all rights, benefits, and privileges of United States Citizenship. Section Three:   Non-citizens shall not receive, directly or indirectly, Federal or Constitutional benefits, privileges, or protections."
  • NUMBER SIX:   "The several States are hereby empowered, individually or collectively, to enforce the Constitution of the United States and Federal Law, within their respective borders, regardless of Federal resistance or objections."
  • NUMBER SEVEN:   "Section One:   The Second Amendment to the Constitution of the United States shall be interpreted to mean the FUNDAMENTAL right of individual citizens and/or groups of citizens to keep and bear arms; in their homes and/or other properties, in public and private, and on their persons. Section Two:    Non-citizens and persons convicted of a violent felony by a jury of their peers do not have this right."
  • NUMBER EIGHT: "The First Amendment to the Constitution of the United States shall not be interpreted to prohibit or restrict the peaceful, free exercise or expression of religion, in public or private, or in or on public property."
  • Gary Edwards on 16 Jan 15
     
    "Possible Constitutional Amendments in the event of an Article V Convention of States Posted by Oren Long on January 12, 2015 at 3:42am in Tea PartyView Discussions ARTICLE V CONVENTION OF STATES; ARE YOU WILLING TO CHANGE THE STATUS QUO IN D.C.?   One of our astute and true conservative members of this site has drafted suggested changes to the Constitution to be proposed in an Article V, Convention of States. I know many of you have seen his postings on here about this issue. Mr. Oren Long is very knowledgeable and well educated and has honorably served our country. He has put a tremendous amount of time and thought into ways to, in his words, "armor and reinforce" the Constitution and return it to its Original Intent, as envisioned by the Founders. Therefore, because I agree with every one of his suggested changes, I am publishing it for him, with his permission. I truly hope that we, as a group, as conservatives and as a people who believe that our country is heading toward disaster, because of the course we are on, I fully endorse his recommended suggestions. I believe that we must take any and every course of action we can to "stop the madness" It is quite long, so PLEASE take the time to read each and every one of them. I am sure that some or many, may have suggestions to this document and they are welcome and open to discussion. If you agree with this, please call your State elected officials and urge them to get on board with an Article V Convention of States. To review or obtain more information of this process, please visit one of these sites:    http://www.conventionofstates.com/           http://www.cosaction.com/              To Whom It May Concern, The following is neither sanctioned by nor proposed by the Article V Convention of States Project.   Rather, it is entirely my work as a volunteer for the Convention of States Project.   To give you an overview of the kinds of amendments that may or may not be consid
Gary Edwards

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

theeconomiccollapseblog.com/...re-almost-too-crazy-to-believe

economic-collapse Obammunism Obamanomics

shared by Gary Edwards on 13 Jan 13 - No Cached
  • Gary Edwards on 13 Jan 13
     
    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
Gary Edwards

American Thinker: Obamacare - The Perfect Constitutional Storm - 0 views

www.americanthinker.com/...erfect_constitutional_sto.html

obamacare Obammunism constitution constitutional-challenge

shared by Gary Edwards on 06 Apr 10 - Cached
  • Gary Edwards on 06 Apr 10
     
    Much has been made of several states suing the federal government over the passage of ObamaCare. The argument is, essentially, that the new law violates the 10th Amendment and infringes on the "commerce clause" of the Constitution. In this article, I will argue that this approach by the states will probably fail (in and of itself) -- but that the suits brought by the states could play a role in a more comprehensive strategy to challenge the constitutionality of ObamaCare. Let's make one thing clear up front. The states are motivated to take legal action to stop the recently passed health care bill because of one primary factor: political pressure. Around 60% of the people in America are mad as hell about the passage of ObamaCare -- and any local or state elected official with a lick of sense knows it. There are some governors and state legislators who have figured out that ObamaCare may amount to the final nail in the coffins of their financially deceased states' treasuries. But few politicians worry about their states' debts; most agonize over being reelected. States have ceded power, with few complaints, to the federal government for highway funding, control of education, Medicare and Medicaid mandates, management of waterways, etc., etc., ad nauseam, for over fifty years. The states, acting alone in a constitutional challenge of the new health care legislation, will have some difficult hurdles to overcome: A) Article VI of the Constitution states in part: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. States can pass all the laws that they want "nullifying" ObamaCare. But they can't nullify the Constitution. Article VI is a huge obstruction for the states because, like it or not, ObamaCare is now the "law of the land." B) The "comme
Gary Edwards

James Madison and the States Natural Right of Nullification ; Publius-Huldah's Blog - 0 views

publiushuldah.wordpress.com

Publius-Huldah USA-Constitution Nullification States-Rights tenth-amendment

shared by Gary Edwards on 01 Feb 13 - No Cached
  • What are the Two Conditions Precedent for Nullification?
  • The act of the federal government must be unconstitutional –  usually a usurpation of a power not delegated to the federal government in the Constitution; and
  • The act must be something The States or The People can “nullify”- i.e., refuse to obey:  the act must order them to do something or not do something.
  • ...38 more annotations...
  • If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”
  • When the act of the federal government is unconstitutional and orders The States or The People to do – or not do – something, nullification is the proper form of interposition.
  • When the act of the federal government is unconstitutional, but doesn’t order The States or The People to do – or not do – something (the alien & sedition acts), nullification is not possible. The States may interpose by objecting, as in The Virginia & Kentucky Resolutions of 1798.
  • When the act of the federal government is constitutional, but unjust (the Tariff Act of 1828), the States may not nullify it; but may interpose by objecting and trying to get the Tariff Act changed.
  • Our Founding Principles in a Nutshell
  • Rights come from God;
  • People create governments;
  • The purpose of government is to secure the rights God gave us; and
  • When a government We created seeks to take away our God given rights, We have the Right – We have the Duty – to alter, abolish, or throw off such government.
  • The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
  • The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
  • These enumerated powers concern: Military defense, international commerce & relations; Control of immigration and naturalization of new citizens; Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and With some of the Amendments, protect certain civil rights and voting rights (for blacks, women, citizens who don’t pay taxes, and citizens 18 years and older).
  • It is only with respect to the enumerated powers that the federal government has lawful authority over the Country at large. All other powers are “reserved to the several States” and The People.
  • It is to secure our rights to life and liberty by:
  • Military defense (Art. I, Sec. 8, cl. 11-16); Laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10); Protecting us from invasion (Art IV, Sec. 4); Prosecuting traitors (Art III, Sec. 3); and Restrictive immigration policies (Art. I, Sec. 9, cl. 1).
  • It is to secure our property rights by:
  • Regulating trade & commerce so we can produce, sell & prosper (Art. I, Sec. 8, cl.3). The original intent of the interstate commerce clause is to prohibit States from levying tolls & taxes on articles of commerce as they are transported thru the States for buying & selling. Establishing uniform weights & measures and a money system based on gold & silver (Art I, Sec. 8, cl. 5) – inflation via paper currency & fractional reserve lending is theft! Punishing counterfeiters (Art I, Sec. 8, cl. 6); Making bankruptcy laws to permit the orderly dissolution or reorganization of debtors’ estates with fair treatment of creditors (Art I, Sec 8, cl. 4); and Issuing patents & copyrights to protect ownership of intellectual labors (Art I, Sec 8, cl 8)
  • It is to secure our right to liberty by:
  • Laws against slavery (13th Amendment); Providing fair trials in federal courts (4th, 5th, 6th, 7th, and 8th Amendments); and          Obeying the Constitution!
  • The fourth Founding Principle in our Declaration is this: When government takes away our God given rights, We have the Right & the Duty to alter, abolish, or throw off such government. Nullification is thus a natural right of self-defense:
  • 1. As we have just seen, Jefferson, Madison, and Hamilton saw nullification of unconstitutional acts of the federal government as a “natural right” – not a “constitutional right”. And since Rights come from God, there is no such thing as a “constitutional right”!
  • 2. The Right of Nullification, transcending as it does, the Constitution; and being nowhere prohibited by the Constitution to the States, is a reserved power.
  • The 10th Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
  • Madison’s Report on the Virginia Resolutions (1799-1800)
  • Now! Note Well:  Madison actually says, in the same Report Barnett cites, that it is “a plain principle, founded in common sense” that The States are the final authority on whether the federal government has violated our Constitution! Under his discussion of the 3rd Resolution, Madison says:
  • “It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts; that where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made, has been pursued or violated. The Constitution of the United States was formed by the sanction of the States, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” [emphasis mine]
  • Madison explains that if, when the federal government usurps power, the States cannot act so as to stop the usurpation, and thereby preserve the Constitution as well as the safety of The States; there would be no relief from usurped power. 
  • This would subvert the Rights of the People as well as betray the fundamental principle of our Founding:
  • …If the deliberate exercise, of dangerous power, palpably withheld by the Constitution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself as well as to provide for the safety of the parties to it; there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all the State constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” [emphasis mine]
  • Madison answers the objection “that the judicial authority is to be regarded as the sole expositor of the Constitution, in the last resort”.
  • Madison explains that when the federal government acts outside the Constitution by usurping powers, and when the Constitution affords no remedy to that usurpation; then the Sovereign States who are the Parties to the Constitution must likewise step outside the Constitution and appeal to that original natural right of self-defense.
  • Madison goes on to say that all three Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of their Creator.
  • but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…” [boldface mine]
  • Application Today
  • When WE THE PEOPLE ratified our Constitution, and thereby created the federal government, WE did not delegate to our “creature” power to control our medical care, restrict guns and ammunition, dictate what is done in the public schools, dictate how we use our lands, and all the thousands of things they do WE never gave them authority in our Constitution to do.
  • Accordingly, each State has a natural right to nullify these unconstitutional dictates within its borders.  These dictates are outside the compact The Sovereign States made with each other –WE never gave our “creature” power over these objects.
  • To sum this up:
  • Nullification is a natural right of self-defense. Rights don’t come from the Constitution. Like all Rights, the right of self-defense comes from God (The Declaration of Independence, 2nd para). Nullification is a reserved power within the meaning of the 10th Amendment. The Constitution doesn’t prohibit States from nullifying, and We reserved the power to do it. God requires us to disobey civil authorities when they violate God’s Law. That’s why the 2nd para of the Declaration of Independence says we have the duty to overthrow tyrannical government. See: The Biblical Foundation of our Constitution. Nullification is required by Oath of Office:  Article VI, cl. 3 requires all State officers and judges to “support” the federal Constitution. Therefore, when the federal government violates the Constitution, the States must smack them down.
  • Gary Edwards on 01 Feb 13
     
    Incredible and passionate argument concerning the States natural God given right to nullify and render unenforceable un-Constitutional actions of the Federal Government.  As "creators" of the Federal Government, the States are obligated to nullify un-Constitutional actions and interpose Constitutional alternatives.  Huldah sites Jefferson, Madison and Hamilton as the primary Constitutional authorities for her rock solid argument.   If ever you want to learn about the Constitution, Publius Huldah is clearly the place to go.  
Paul Merrell

Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

verdict.justia.com/...ubious-state-secrets-privilege

Dark-State state-secrets government secrecy Restis DoJ Holder

shared by Paul Merrell on 19 Sep 14 - No Cached
  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
  • ...9 more annotations...
  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
  • Paul Merrell on 19 Sep 14
     
    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
Paul Merrell

The Silence of the Israelis on ISIS | Consortiumnews - 0 views

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war & peace ISIL Israel U.S.-foreign UK-foreign-policy

shared by Paul Merrell on 07 Nov 14 - No Cached
  • In the war on the Islamic State, the alleged scourge of humanity, little is heard about the position of America’s much-ballyhooed greatest ally in the Middle East, if not the world, Israel. Now the Islamic State has been conquering territory in very close proximity to the border of Israel. But Israel does not seem to be fearful and it is not taking any action. And the Obama administration and American media pundits do not seem to be the least bit disturbed.  This is quite in contrast to the complaints about other Middle East countries such as Turkey that are being harshly criticized for their failure to become actively involved in fighting the Islamic State.
  • Returning to the issue of Israel, the fact of the matter is that Israel acts to protect its own national interests.  At the current time, the primary goal of the Islamic State is to purify Islam rather than attack non-Muslims. In response to Internet queries as to why the militant group wasn’t fighting Israel instead of killing Muslims in Iraq and Syria, its representatives responded: “We haven’t given orders to kill the Israelis and the Jews. The war against the nearer enemy, those who rebel against the faith, is more important. Allah commands us in the Koran to fight the hypocrites, because they are much more dangerous than those who are fundamentally heretics.”
  • Moreover, the fact of the matter is that the Islamic State actually benefits Israel by causing problems for those very states that do actively oppose Israel and support the Palestinians, such as Syria. What the Islamic State is causing in the Middle East is perfectly attuned with the view of the Israeli Right — as best articulated by Oded Yinon in 1982 — which sought to have Israel’s Middle East enemies fragmented and fighting among themselves in order to weaken the external threat to Israel.
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  • Now there is nothing strange about Israel’s position here. It is simply acting in its own national interest. There is no reason to fight a group that doesn’t threaten it. Furthermore, it is in Israel’s interest to try to make it appear that it is acting for the good of all humanity when attacking Hamas, and though these arguments are unlikely to sway any UN members, the prime minister did provide ammunition to the Israel lobby and its supporters that could be used to persuade some gullible Americans.
  • Israel’s pro-rebel activities in the Syrian conflict have not been counterproductive in that they have not caused any of Assad’s many Arab enemies to abandon their effort to remove his regime. But it is not apparent that Israel is taking any steps like this regarding the Islamic State, and the United States does not seem to be pressuring it to do so. What this means is that Israel is not really any type of ally of the United States. It does not bend its foreign policy to aid the United States but only acts in its own interest. It takes actions against the Assad regime because the latter is an ally of Iran and provides a conduit for weapons being sent to Israeli’s enemy Hezbollah. Israel’s inaction toward the Islamic State, despite its close proximity, should actually provide a model for the United States to emulate. It shows that the Islamic State should not be regarded as a threat to the faraway United States. And this lesson is further confirmed by the fact that the nearby Islamic countries,  which should be far more endangered than the United States, do not seem to be fighting hard against it. It would seem that the fundamental way for the United States to face significant attacks from the Islamic State is to attack it first, which is exactly what it is now  doing.
  • It can be argued that if Israel openly entered the fray as a member of the anti-Islamic State coalition, it would be counterproductive. Since many Arabs see Israel as their major enemy, Israel’s involvement in the war would turn them against fighting the Islamic State and maybe even cause some of them to support that militant jihadist group as an enemy of Israel. So it might be understandable that the United States would not demand that Israel participate in the war against the Islamic State, just as it did not expect Israel to fight against Saddam Hussein. Although this might be understandable, if true it would mean that Israel could not really be an ally of the United States in the Middle East because it could not participate in America’s wars in the region, which is the very raison d’état of an ally.
  • Conceivably, Israel could covertly support the enemies of Islamic State. Israel has been doing just that in regard to Syria. During the past two years it has launched airstrikes against Assad’s forces which has helped the rebels. Israel takes the position that any attacks on its territory from Syria are the responsibility of the Assad government even if they are made by the rebels. Moreover, just like the United States, Israel has provided training for Syrian rebels. For example, Abdul-Ilah al-Bashir al-Noeimi, currently the Chief of Staff of the Supreme Military Council (SMC) of the Free Syrian Army, secretly trained in Israel in 2013 after being admitted into the country for medical treatment. [See “Report: Commander of Syrian Rebels Trained in Israel, Jewish Press News Briefs,”  Feb. 24, 2014. In regard to Israeli participation in training Syrian rebels, see: Jason Ditz, “Report Claims US, Israeli Trained Rebels Moving Toward Damascus,”  Antiwar.com, Aug. 25, 2013,; Jinan Mantash, “Israeli analyst confirms link between Israel, ‘moderate’ Syrian rebels,” Alakbar English, Oct. 17, 2014.]
  • Considering the Islamic State is targeting Muslims, the Israeli government does not see it as a significant enemy at this time. And it is reasonable for Israeli leaders to believe that the Islamic State would never move on to attack their country because it will never be able to conquer its major Islamic foes
  • Considering Israel’s inactivity, it is ironic that in the United States it is the supporters of Israel, such as the neoconservatives, who have taken the lead in pushing for a hard-line American military position against the Islamic State. [See Jim Lobe, “Project for a New American Imbroglio,” LobeLog Foreign Policy,  Aug. 28, 2014.]
  • Needless to say, neither the neocons, nor any other mainstream commentators for that matter, have uttered a word about Israel’s inaction. As Scott McConnell wrote in August in The American Conservative, “over the past two generations thousands of articles have been written proclaiming that Israel is a ‘vital strategic ally’ of the United States, our best and only friend in the ‘volatile’ Middle East. The claim is a commonplace among serving and aspiring Congressmen. I may have missed it, but has anyone seen a hint that our vital regional ally could be of any assistance at all in the supposedly civilizational battle against ISIS?” However, it would be far wiser for the United States to follow the example of Israel here — and, in fact, always follow the example of Israel by adhering to national interest (that of the United States, of course, not Israel) — than to follow the advice of those American supporters of Israel who have, because of their influence on American Middle East policy, involved the United States in endless wars creating a regional environment beneficial to Israel from the perspective of the Israeli Right.
Paul Merrell

Netanyahu Has Never Actually Supported a Palestinian State, Despite What He Told Obama - 0 views

theintercept.com/...ate-despite-what-he-told-obama

war & peace Israel Palestine 2-state-solution Netanyahu

shared by Paul Merrell on 13 Nov 15 - No Cached
  • IN A MEETING with President Obama today, Benjamin Netanyahu went through the familiar motions of expressing rhetorical support for a two-state solution to the Israel-Palestine conflict. Stating, “I remain committed to a vision of peace of two states for two peoples,” Netanyahu said that he wanted “make it clear that we have not given up our hope,” for achieving a two-state solution to the conflict. Just a day before this statement, however, the Israeli government took steps to ensure such a vision could never become reality, moving to authorize the construction of an additional 2,200 housing units in the occupied territories in the face of Palestinian opposition. The reason behind this apparent discrepancy between word and deed is that Netanyahu does not, and has essentially never, supported the creation of an actual Palestinian state. Last year, during the Israeli election, Netanyahu briefly acknowledged this fact himself, explicitly stating to voters that there would not be a Palestinian state during his tenure as prime minister if he was reelected. Despite this, the convenient fiction that the Israeli prime minister supports a “two-state solution” continues to linger in the United States. Why?
  • In 2009, however, that began to change. In June of that year, newly elected President Barack Obama, who had made rebuilding ties with the Muslim world a part of his foreign policy platform, gave a landmark speech in Cairo in which he said the United States “does not accept the legitimacy of continued Israeli settlements,” going on to describe them as contrary to previous agreements and an impediment to peace in the region. Israeli media would report at the time that Obama’s words “resonated through Jerusalem’s corridors.” In seeming recognition of shifting American sentiments on this issue, 10 days later Netanyahu gave what was billed as a landmark speech at Bar-Ilan University near Tel-Aviv, dealing in part with the subject of Palestinian statehood. In his address, hailed by the White House as an “important step forward,” Netanyahu endorsed for the first time the creation of what he called “a demilitarized Palestinian state” in the occupied territories. But the same speech added stipulations that, in sum, turned this so-called state into a rebranded version of Netanyahu’s 2000 “Palestinian entity,” with only limited autonomy. In private, just three months before the speech, Netanyahu was even more blunt about the limits he required for a more independent Palestinian territory, stipulating he could only support one “without an army or control over air space and borders,” according to diplomatic cables later released by WikiLeaks.
  • In a speech two years later to Congress, Netanyahu would go into more detail about the ridiculous conception of Palestinian “statehood” he was imagining, one in which the West Bank would be essentially bifurcated by massive Israeli settlement blocs, the prospective Palestinian capital of East Jerusalem would be surrounded by settlements, and the Israeli Defense Forces would continue to have “a long-term military presence” inside the newly independent “state.” Needless to say, such a proposal was unlikely ever to be accepted by the Palestinians, nor did it bear much resemblance to the independent statehood they had actually been seeking. Netanyahu let the mask drop even further in July 2014, when he stated in a press conference that “there cannot be a situation, under any agreement, in which we relinquish security control of the territory west of the River Jordan,” essentially outlining a position of permanent military occupation of Palestinian territories. In the run-up to the 2015 election, when he publicly disowned the idea of Palestinian statehood, Netanyahu would specifically repudiate his 2009 Bar-Ilan speech, stating that “there will be no withdrawals and no concessions,” and that the speech was “not relevant.” As recently as last week, Netanyahu told the Knesset Foreign Affairs and Defense Committee that “we need to control all of the territory for the foreseeable future,” before adding darkly that Israel “will forever live by the sword.”
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  • In light of all this, it’s difficult to take seriously Netanyahu’s most recent claim that he supports the creation of a Palestinian state. At best, he has in the past expressed support for a Palestinian “entity” with some features of self-governance (an idea that has well-known historical precedents), but certainly not one that affords genuine independence, freedom or statehood to its inhabitants. At his most brazen, he has denied the possibility of even that limited form of self-determination, stating bluntly that Israel will control the entire West Bank and keep its inhabitants under indefinite military subjugation. Netanyahu has nonetheless been allowed to maintain a convenient fiction that he supports the negotiated goal of Palestinian self-determination. In reality, he has never really supported it. Thanks in large part to Netanyahu’s leadership, a Palestinian state will likely never emerge. Due to his own obstinance, as well as American indulgence, a binational state or a formalized Apartheid regime have now become the most probable remaining outcomes to this disastrous, decades-long conflict.
  • Paul Merrell on 13 Nov 15
     
    Negotiation of a "2-state solution" for Israel and Palestine has never been anything more than an excuse for continuing the status quo, with Israel dominating both territories in an apartheid state. The 2-state solution, moreover, denies all residents of the former British Mandate Territory of Palestine (including present day Israel) of their fundamental right to self-determination of their form of government established by the U.N. Charter. And the notion of a 2-state solution with territorial swaps ignores the right of Arab residents of the Mandate Territory to return to their homes at the close of hostilities, a right specifically forbidden from being negotiable by Israel and the Palestinian authority; it is an individual right that governments cannot lawfully barter away.   I'm glad to see The Intercept taking a no holds barred, speak-truth-to-power  approach to the Israel-Palestine question. 
Paul Merrell

WA State Bill Proposes Criminalizing Help to NSA, Turning Off Resources to Yakima Facil... - 0 views

blog.tenthamendmentcenter.com/...f-resources-to-yakima-facility

surveillance state NSA NSA-blowback legislation

shared by Paul Merrell on 23 Jan 14 - No Cached
  • The state level campaign to turn off power and electricity to the NSA got a big boost Wednesday. In a bipartisan effort, Washington became first state with a physical NSA location to consider the Fourth Amendment Protection Act, designed to make life extremely difficult for the massive spy agency. Rep. David Taylor (R-Moxee) and Rep Rep. Luis Moscoso (D- Mountlake Terrace) introduced HB2272 late Tuesday night. Based on model language drafted by the OffNow coalition, it would make it the policy of Washington “to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant.” Practically speaking, the bill prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. This includes barring government-owned utilities from providing water and electricity. It makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court. It blocks public universities from serving as NSA research facilities or recruiting grounds. And it disincentivizes corporations attempting to fill needs not met in the absence of state cooperation.
  • The state level campaign to turn off power and electricity to the NSA got a big boost Wednesday. In a bipartisan effort, Washington became first state with a physical NSA location to consider the Fourth Amendment Protection Act, designed to make life extremely difficult for the massive spy agency. Rep. David Taylor (R-Moxee) and Rep Rep. Luis Moscoso (D- Mountlake Terrace) introduced HB2272 late Tuesday night. Based on model language drafted by the OffNow coalition, it would make it the policy of Washington “to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant.” Practically speaking, the bill prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. This includes barring government-owned utilities from providing water and electricity. It makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court. It blocks public universities from serving as NSA research facilities or recruiting grounds. And it disincentivizes corporations attempting to fill needs not met in the absence of state cooperation.
  • Lawmakers in Oklahoma, California and Indiana have already introduced similar legislation, and a senator in Arizona has committed to running it there, but Washington counts as the first state with an actual NSA facility within its borders to consider the Fourth Amendment Protection Act. The NSA operates a listening center on the Army’s Yakima Training Center (YTC). The NSA facility is in Taylor’s district, and he said he cannot sit idly by while a secretive facility in his own backyard violate the rights of people everywhere. “We’re running the bill to provide protection against the ever increasing surveillance into the daily lives of our citizens,” he said. “Our Founding Fathers established a series of checks and balances in the Constitution. Given the federal government’s utter failure to address the people’s concerns, it’s up to the states to stand for our citizens’ constitutional rights.”
  • ...3 more annotations...
  • According to documents made public by the US Military, as of 2008, a company called PacifiCorp serves as the primary supplier of electric power, and Cascade Natural Gas Corporation supplies natural gas to YTC. The Kittitas Public Utility District, a function of the state of Washington, provides electric power for the MPRC and the Doris site, but no documentation has yet proven that it also provides electricity used directly by the NSA facility on site. And while YTC does provide a bulk of its own water, documents also show that some of it gets there by first passing through upstream dams owned and operated by the State. The Army report states, “YTC lies within three WAUs whose boundaries coincide with WRIAs, as defined by the State of Washington natural resource agencies.” WAU’s are Washington State Water Administration Units. WRIAs are Washington State Water Resource Inventory Areas A Washington company also has a strong link to the NSA. Cray Inc. builds supercomputers for the agency.
  • If the bill passes, it would set in motion actions to stop any state support of the Yakima center as long as it remains in the state, and could make Cray ineligible for any contracts with the state or its political subdivisions. Three public universities in Washington join 166 schools nationwide partnering with the NSA. Taylor’s bill would address these schools’ status as NSA “Centers of Academic Excellence,” and would bar any new partnerships with other state colleges or universities. Tenth Amendment Center national communications director Mike Maharrey says the bills prohibition against using unconstitutionally gathered data in state court would probably have the most immediate impact. In fact, lawmakers in Kansas and Missouri will consider bills simply addressing this kind of data sharing.
  • “We know the NSA shares data with state and local law enforcement. We know from a Reuters report that most of this shared data has absolutely nothing to do with national security issues. This bill would make that information inadmissible in state court,” he said. “This data sharing shoves a dagger into the heart of the Fourth Amendment. This bill would stop that from happening. This is a no-brainer. Every state should do it.” Maharrey said he expects at least three more states to introduce the act within the next few weeks. “This idea is catching fire,” he said. “And why wouldn’t it? We have an out of control agency spying on virtually everybody in the world. We have a president and a Congress that appears poised to maybe put a band aid on it. Americans are realizing if we are going to slow down the NSA, we are going to have to take a different approach. This is it.”
Paul Merrell

BDS SOUTH AFRICA: ISRAEL INCHES CLOSER TO 'TIPPING POINT' OF SOUTH AFRICA-STYLE BOYCOTT... - 0 views

www.bdssouthafrica.com/...s-closer-to-tipping-point.html

war & peace Israel Palestine BDS negotiations Kerry pipelinestan

shared by Paul Merrell on 25 Dec 13 - No Cached
  • Analogies with apartheid regime in the wake of Mandela’s death could accelerate efforts to ostracize Israel. This has happened in recent days: The Dutch water company Vitens severed its ties with Israeli counterpart Mekorot; Canada’s largest Protestant church decided to boycott three Israeli companies; the Romanian government refused to send any more construction workers; and American Studies Association academics are voting on a measure to sever links with Israeli universities. Coming so shortly after the Israeli government effectively succumbed to a boycott of settlements in order to be eligible for the EU’s Horizon 2020 scientific cooperation agreement, it is hard to avoid the conclusion that the BDS (Boycott, Divestment and Sanctions) movement is picking up speed. And the writing on the wall, if anyone missed it, only got clearer and sharper in the wake of the death of Nelson Mandela.
  • When the United Nations passed its first non-binding resolution calling for a boycott of South Africa in 1962, it was staunchly opposed by a bloc of Western countries, led by Britain and the United States. But the grassroots campaign that had started with academic boycotts in the late 1950s gradually moved on to sports and entertainment and went on from there to institutional boycotts and divestment. Along the way, the anti-apartheid movement swept up larger and larger swaths of Western public opinion, eventually forcing even the most reluctant of governments, including Israel and the U.S., to join the international sanctions regime. 
  • We’re really great at knowing where thresholds are after we fall off the cliff, but that’s not very helpful,” as lake ecologist and “tipping point” researcher Stephen Carpenter told USA today in 2009.  Israel could very well be approaching such a threshold. Among the many developments that could be creating the required critical mass one can cite the passage of time since the Twin Towers attacks in September 2001, which placed Israel in the same camp as the U.S. and the West in the War on Terror; Israel’s isolation in the campaign against Iran’s nuclear programs; the disappearance of repelling archenemies such as Osama bin Laden, Muammar Gadhafi, Mahmoud Ahmadinejad and, to a lesser degree, Yasser Arafat; the relative security and lack of terror inside Israel coupled with its own persistent settlement drive; and the negative publicity generated by revelations of racism in Israeli society, the image of its rulers as increasingly rigid and right wing and the government’s own confrontations with illegal African immigrants and Israeli Bedouin, widely perceived as being tinged with bias and prejudice.  In recent days, American statesmen seem to be more alarmed about the looming danger of delegitimization than Israelis are. In remarks to both the Saban Forum and the American Joint Distribution Committee this week, Secretary of State John Kerry described delegitimization as “an existential danger." Vice President Joe Biden, speaking to the same JDC forum, went one step further: “The wholesale effort to delegitimize Israel is the most concentrated that I have seen in the 40 years I have served. It is the most serious threat in my view to Israel’s long-term security and viability.” 
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  • One must always take into account the possibility of unforeseen developments that will turn things completely around. Barring that, the only thing that may be keeping Israel from crossing the threshold and “going over the cliff” in the international arena is Kerry’s much-maligned peace process, which is holding public opinion and foreign governments at bay and preventing a “tipping point” that would dramatically escalate the anti-Israeli boycott campaign.  Which only strengthens Jeffrey Goldberg’s argument in a Bloomberg article on Wednesday that Kerry is “Israel’s best friend." It also highlights, once again, how narrow-minded, shortsighted and dangerously delusional Kerry’s critics, peace process opponents and settlement champions really are (though you can rest assured that if and when the peace process collapses and Israel is plunged into South African isolation, they will be pointing their fingers in every direction but themselves.
  • Paul Merrell on 25 Dec 13
     
    Note that this article's original is behind a paywall in Haaretz, one of Israel's market-leading newspapers.  There can be no questioning of the facts that: [i] the Palestinian Boycott, Divesment, and Sanctions ("BDS") movement is rapidly gaining strength globally; and [ii] that factor weighs heavily in the negotiations between Israel and Palestine for a two-state solution. Although not bluntly stated, the BSD movement's path runs directly to a single-state solution that would sweep Israel's present right-wing government from power and result in a secular state rather than a "Jewish state." And the E.U., Israel's largest export market, has promised to go even farther in sanctioning Israel than the considerable distance it has already gone if the negotiations do not result in a two state solution. Labeling all products produced wholly or in part in Israel-occupied Palestine territory is among the mildest of sanctions under discussion, a measure already adopted in two E.U. nations. The BSD Movement's success has also been marked by Israel attaining the pariah state status previously experienced by South Africa. Only the U.S., Canada, and a half-dozen or so tiny island nations closely aligned with the U.S. still vote in favor of Israel at the U.N. For example, the vote on granting Palestine U.N. observer state status was 138-9, with 41 abstentions.  The prospect of an end to the non-secular Jewish state has enormous ramifications for U.S. foreign policy, not the least of which is the influence of the Israel lobby in the U.S. that has thus far led the U.S. to three Treasury-draining wars in Southwest Asia and Northern Africa and host of minor military actions in other area nations, as well as a near-war in Syria, averted mainly via Russian diplomacy that outfoxed Secretary of State John Kerry. Time will tell whether the diplomatic outreach by Iran will succeed in averting war with the greatest military power remaining in the Mideast after Israel itself. "Protectin
Gary Edwards

Supremacy Clause - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Supremacy_Clause

Alexis-de-Tocqueville freedom-liberty The-Constitution Globalist-Elites

shared by Gary Edwards on 09 Jul 13 - No Cached
  • Gary Edwards on 09 Jul 13
     
    Is the Constitution the Law of the Land? excerpt: "Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, federal statutes, and U.S. Treaties as "the supreme law of the land." The text provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. The "supremacy clause" is the most important guarantor of national union. It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts. - United States Senate[1] The Supremacy Clause only applies if Congress is acting in pursuit of its constitutionally authorized powers. Federal laws are valid and are supreme, so long as those laws were adopted in pursuance of-that is, consistent with-the Constitution. Nullification is the legal theory that states have the right to nullify, or invalidate, federal laws which they view as being unconstitutional; or federal laws that they view as having exceeded Congresses' constitutionally authorized powers. The Supreme Court has rejected nullification, finding that under Article III of the Constitution, the power to declare federal laws unconstitutional has been delegated to the federal courts and that states do not have the authority to nullify federal law.[2]" quote: This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.  Article II
Gary Edwards

Walter E. Williams: States should nullify Obamacare [AUDIO] | The Daily Caller - 0 views

dailycaller.com/...should-nullify-obamacare-audio

ObamaCare-TAX States-Rights State-sovereignty Walter-Williams

shared by Gary Edwards on 06 Jul 12 - No Cached
  • Gary Edwards on 06 Jul 12
     
    Interesting discussion by Walter Williams as guest host for Rush Limbaugh.  Walter points to the 1798 Jefferson-Madison "Kentucky Resolution" and, the Marbury v Madison ruling as the legal rational for States to oppose and nullify the Supreme Court Obamacare Tax. Many Conservatives erroneously blame the Kentucky Resolution for being the pretext of the Southern States defending their sovereignty by succeeding from the Union following the election of Lincoln in 1860.  My read is that Jefferson and Madison both saw the States as having the final say on the Constitutionality of any Federal action - be it Congress, Justice or Executive branch.  Marbury v. Madison seems to fully justify the Jefferson-Madison view of the Constitution and State Sovereignty.   Note that Jefferson and Madison were responding to the reprehensible Federalist "Alien and Sedition Act". excerpt: On Rush Limbaugh's Thursday program, George Mason University professor Walter E. Williams outlined the case that states can nullify Obamacare, citing Thomas Jefferson's 1789 Kentucky Resolution, which was a claim that the U. S. Constitution is a compact among the several states, and any power not delegated to the U.S. government is void. "I think the American citizens ought to press their state governors and legislatures just to nullify the law - just to plain nullify it and say, 'The citizens of such-and-such-a state don't have to obey Obamacare because it's unconstitutional, regardless of what the Supreme Court says,'" Williams said. Williams cited Marbury v. Madison, which said "all laws which are repugnant to the Constitution are null and void" to further the case for nullification from the states. Nullification is a doctrine introduced in the infancy of the United States and was what some have suggested led to the Civil War. As far as the legal precedent of nullification and how it led to the Civil War, Williams said he doubted the repercussions would as serious as the
Gary Edwards

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

articlevprojecttorestoreliberty.com/the-basic-library.html

Heritage-of-freedom freedom-liberty

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  • 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
Paul Merrell

Growing boycott will "hit each of us in the pocket" warns Israel finance minister | The... - 0 views

electronicintifada.net/...-warns-israel-finance-minister

war & peace Israel Palestine negotiations

shared by Paul Merrell on 11 Jan 14 - No Cached
  • Israeli finance minister Yair Lapid has become the latest senior official to warn about the serious impact of growing boycott, divestment and sanctions (BDS) campaigns targeting Israel. “The world seems to be losing patience with us,” Lapid told the Hebrew edition of Ynet on 10 January.
  • Lapid, leader of the Yesh Atid faction, is the senior coalition partner of Israeli Prime Minister Benjamin Netanyahu.
  • Lapid added: “We have formulated complete scenarios as to what will happen if the boycott continues and exports are hurt. In all scenarios, things do not look good. The status quo will hit each of us in the pocket, will hurt every Israeli. We are export-oriented, and this [export trade] depends on our global standing.” Lapid was particularly concerned about further announcements by Israel of new tenders for houses in illegal Jewish-only colonies in the occupied West Bank. Lapid’s frank comments come just days after Dutch pensions giant PGGM took the unprecedented decision to divest from all Israeli banks because of their role in the colonization program.
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  • Lapid, an alleged “centrist” who has habitually made anti-Arab comments, joins other senior politicians who have warned about the looming threat of boycott. Recently, the chair of the governing coalition’s Habayit Hayehudi party said that boycott was the “greatest threat” Israel faced. Justice minister and war crimes suspect Tzipi Livni also warned that “The boycott is moving and advancing uniformly and exponentially … Those who don’t want to see it, will end up feeling it.”
  • Paul Merrell on 11 Jan 14
     
    This is the largest part of the real back story on John Kerry's feverish effort to negotiate a two-state solution to the Israel-Palestine apartheid problem. The Palestinian Boycott, Divestment, and Sanctions ("BDS") movement against Israel is growing rapidly, nearly doubling the rate of growth of the former BDS movement that successfully ended apartheid government of South Africa.   Israel has become a pariah state diplomatically because of its war crimes against Palestinians and because of BDS, is increasingly becoming a pariah state economically. At the same time, Israel has illegally colonized Palestine to the extent that a 2-state solution is all but impossible, meaning that the most likely outcome is that Israel will cease being the "Jewish State" and be forced to grant equality to Palestinians as well in a new secular government. The situation became all the more dire for Israel as the "Jewish State" when the U.N. General Assembly granted Palestine observer state status, opening the way for Palestine to, e.g., pursue criminal prosecution of Israeli leaders for war crimes before the International Criminal Court.  That has dramatically increased the Palestinian Authority's leverage in negotiations. Kerry is on a rescue mission to see if he can coerce the Palestinian Authority to cede sufficient land and powers to Israel to make a 2-state solution credible. Kerry's leverage is that the U.S. has been underwriting the Palestinian Authority's expenses and can threaten to withdraw the financial support.  All of which brings it down to the question of Palestinian Authority leadership corruption. If the PA stands tall and refuses to accept Kerry's ridiculous demands, there will almost certainly be no 2-state solution, ever, because Israel continues to colonize Palestine and has locked up most of Palestine's water resources. Further colonization means still less water for an "independent" Palestine state. The Palestine Authority, on the other hand, suffered f
Gary Edwards

Do You Live In A Death Spiral State? - Forbes - 0 views

www.forbes.com/...u-live-in-a-death-spiral-state

William-Baldwin Forbes Death-Spiral-States

shared by Gary Edwards on 27 Nov 12 - No Cached
  • Gary Edwards on 27 Nov 12
     
    Takers vs. Makers.  It all comes down to that ratio.  Incredibly, California is not at the top of high risk States!  New Mexico holds that honor. excerpt: Don't buy a house in a state where private sector workers are outnumbered by folks dependent on government. Thinking about buying a house? Or a municipal bond? Be careful where you put your capital. Don't put it in a state at high risk of a fiscal tailspin. Eleven states make our list of danger spots for investors. They can look forward to a rising tax burden, deteriorating state finances and an exodus of employers. The list includes California, New York, Illinois and Ohio, along with some smaller states like New Mexico and Hawaii. "Ranked on the taker/maker ratio, our 11 death spiral states range from New Mexico, with 1.53 takers for every maker, down to Ohio, with a 1-to-1 ratio. The taker count is the number of state and local government workers plus the number of people on Medicaid plus 1 for each $100,000 of unfunded pension liabilities. Sources: the Bureau of Labor Statistics, the Kaiser Commission on Medicaid and a study of state worker pensions done in 2009 by two academics, Joshua Rauh and Rovert Novy-Marx. Professor Rauh estimates that the shortage in pension funding is on average a third higher today. The second element in the death spiral list is a scorecard of state credit-worthiness done by Conning & Co., a money manager known for its measures of risk in insurance company portfolios. Conning's analysis focuses more on dollars than body counts. Its formula downgrades states for large debts, an uncompetitive business climate, weak home prices and bad trends in employment."
Paul Merrell

New regs say passengers cannot fly without biometric ID card - Police State USA - 0 views

www.policestateusa.com/...tsa-to-require-real-id

surveillance state national-id-cards biomettric-ID flying trains politics of fear

shared by Paul Merrell on 02 Feb 15 - No Cached
  • The ability to travel in the United States is about to become more restrictive as the TSA announces it will soon be enforcing new identification standards in American airports. Beginning in 2016, passengers attempting to pass through a federal TSA checkpoint will be subject to the requirements of the REAL ID Act. To that end, the TSA will put higher scrutiny on travelers’ identities, and will only accept a federal passport or a “REAL-ID” card, which is issued by the states to meet federal requirements. Passengers will not be allowed to fly through an American airport without submitting to the advanced federal specifications. Both federal passports and REAL-ID cards require a number of unique personal identifiers to be stored together in government databases, including his or her full name, date of birth, Social Security Number, scanned signature, and other identifiers. Both cards require biometric data: a front-facing digital photograph of the passenger’s face, which is ultimately used with a facial recognition database.
  • The enhanced security measures stem from the passage of the REAL ID Act of 2005, a U.S. law enacted by President Bush that states that a Federal agency may not accept state-issued identification cards without complying with a number of enhanced standards of the REAL ID Act. The states were given a number of years to comply, and many moved to pass their own laws to meet the benchmarks of the REAL ID Act. Due to some sluggish response, DHS extended the compliance deadline several times. Unfortunately, most states were all too willing to bend to the requirements of the federal government in order to obtain “state certifications” of compliance. To signify their compliance with the federal standards, many states are now issuing identity cards emblazoned with gold stars in the corner.
  • According to the Department of Homeland Security, only Arizona, Idaho, Louisiana, Maine, Minnesota, New Hampshire, New York, and American Samoa have not met REAL ID standards as of January 2015. By DHS estimates, 70%-80% of all U.S. drivers are already carrying around REAL ID cards or live in states that have received extensions for compliance. Some states have even gone as far as to require the applicant to present birth certificates, W-2 tax forms, bank statements, and/or pay stubs to verify one’s identity before handing out the new REAL-ID cards. Some cards have RFID chips embedded in them. Among the 39 benchmarks of the REAL ID Act, state ID cards have to be scannable with a bar code reader, and the states are required to share access to an electronic database with all other states.
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  • Once DHS begins enforcing the REAL ID standards, Americans without a compliant state ID will be effectively prohibited from flying at a commercial airport. Passengers would need to obtain passports even to fly on planes that never leave the United States.
  • a few rose in opposition to REAL ID, including Congressman Ron Paul (R-TX), who was perhaps its most outspoken critic. Dr. Paul, a former presidential candidate, called REAL ID a “Trojan horse” which “transform[s] state drivers licenses into de facto national ID cards.” In an impassioned speech on the House floor on February 9, 2005, Paul laid out a number of specific objections to H.R. 418: The REAL ID Act establishes a national ID card by mandating that states include certain minimum identification standards on driver’s licenses. It contains no limits on the government’s power to impose additional standards. Indeed, it gives authority to the Secretary of Homeland Security to unilaterally add requirements as he sees fit.
  • Supporters claim it is not a national ID because it is voluntary. However, any state that opts out will automatically make non-persons out of its citizens. The citizens of that state will be unable to have any dealings with the federal government because their ID will not be accepted. They will not be able to fly or to take a train. In essence, in the eyes of the federal government they will cease to exist. It is absurd to call this voluntary. Republican Party talking points on this bill, which claim that this is not a national ID card, nevertheless endorse the idea that “the federal government should set standards for the issuance of birth certificates and sources of identification such as driver’s licenses.” So they admit that they want a national ID but at the same time pretend that this is not a national ID. This bill establishes a massive, centrally-coordinated database of highly personal information about American citizens: at a minimum their name, date of birth, place of residence, Social Security number, and physical and possibly other characteristics. What is even more disturbing is that, by mandating that states participate in the “Drivers License Agreement,” this bill creates a massive database of sensitive information on American citizens that will be shared with Canada and Mexico!
  • This bill could have a chilling effect on the exercise of our constitutionally guaranteed rights. It re-defines “terrorism” in broad new terms that could well include members of firearms rights and anti-abortion groups, or other such groups as determined by whoever is in power at the time. There are no prohibitions against including such information in the database as information about a person’s exercise of First Amendment rights or about a person’s appearance on a registry of firearms owners. REAL ID cards streamline the process for the centralization and federalization of our private biometric data, while offering very little true benefit. In the words of Congressman Ron Paul, the program “offers us a false sense of greater security at the cost of taking a gigantic step toward making America a police state.” Its difficult to argue otherwise when passports may soon be necessary to travel domestically.
  • Paul Merrell on 02 Feb 15
     
    This is among the reasons I no longer fly. I refuse to be treated in that distrustful way by my government. Atthough I used to fly several hundred thousands of miles annually, if the airlines want my business, they need to actively and effectively oppose the emergence of the surveillance state. I reject the politics of fear that attempts to justify suppression of liberties. Where I travel is none of the government's business.
Gary Edwards

Clinton Articles of Impeachment - Senate Votes - 1 views

law2.umkc.edu/...senatevotes.html

impeachment articles-of-impeachment

shared by Gary Edwards on 29 Oct 12 - No Cached
  • Gary Edwards on 29 Oct 12
     
    "Article One: In his conduct while President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has willfully corrupted and manipulated the judicial process of the United States for his personal gain and exoneration, impeding the administra tion of justice, in that: On August 17, 1998, William Jefferson Clinton swore to tell the truth, the whole truth, and nothing but the truth before a Federal grand jury of the United States. Contrary to that oath, William Jefferson Clinton willfully provided perjurious, false and misleading testimony to the grand jury concerning one or more of the following: (1) the nature and details of his relationship with a subordinate Government employee; (2) prior perjurious, false and misleading testimony he gave in a Federal civil rights action brought against him; (3) prior false and misleading statements he allowed his attorney to make to a Federal judge in that civil rights action; and (4) his corrupt efforts to influence the testimony of witnesses and to impede the discovery of evidence in that civil rights action. In doing this, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States. Wherefore, William Jefferson Clinton, by such conduct, warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States. Article Two: Obstruction of Justice .. In his conduct while President of the United States, William Jefferson Clinton, in viola
Gary Edwards

The List: Unnecessarily Shut Down by Obama to Inflict Public Pain - 0 views

www.breitbart.com/...st-obama-closures-for-shutdown

government-shutdown Obammunism financial-crisis

shared by Gary Edwards on 08 Oct 13 - No Cached
  • Gary Edwards on 08 Oct 13
     
    "The media may or may not report on these individual occurrences, but what they will never do is provide the American people with the full context and scope of Obama's shrill pettiness. Below is a list of illogical, unnecessary, and shockingly spiteful moves our government is making in the name of essential and non-essential. This list will be regularly updated, and if you have something you feel should be added, please email me at jnolte@breitbart.com or tweet me @NolteNC.Please include a link to the news source. -- 1. Treatments for Children Suffering From Cancer - The GOP have agreed to a compromise by funding part of the government, including the National Institutes of Health, which offers children with cancer last-chance experimental treatment. Obama has threatened to veto this funding. 2. The World War II Memorial - The WWII memorial on the DC Mall is a 24/7 open-air memorial that is not regularly staffed. Although the White House must have known that WWII veterans in their eighties and nineties had already booked flights to visit this memorial, the White House still found the resources to spitefully barricade the attraction.  The Republican National Committee has offered to cover any costs required to keep the memorial open. The White House refused. Moreover, like the NIH, the GOP will pass a compromise bill that would fund America's national parks. Obama has threatened to veto that bill. 3. Furloughed Military Chaplains Not Allowed to Work for Free - Furloughed military chaplains willing to celebrate Mass and baptisms for free have been told they will be punished for doing so. 4. Business Stops In Florida Keys - Although the GOP have agreed to compromise in the ongoing budget stalemate and fund the parks, Obama has threatened to veto that funding. As a result, small businesses, hunters, and commercial fisherman can't practice their trade. While the feds have deemed the personnel necessary to keep this area open "non-essential," the "enforcement office
Paul Merrell

The Engineered Destruction and Political Fragmentation of Iraq. Towards the Creation of... - 0 views

www.globalresearch.ca/...5386998

war & peace Iraq ISIL Mosul U.S.-foreign-policy

shared by Paul Merrell on 15 Jun 14 - No Cached
  • The Capture of Mosul:  US-NATO Covert Support to the Islamic State of Iraq and Syria (ISIS) Something unusual occurred in Mosul which cannot be explained in strictly military terms. On June 10, the insurgent forces of the Islamic State of Iraq and the Levant (ISIS) captured Mosul, Iraq’s second largest city, with a population of close to 1.5 million people.  While these developments were “unexpected” according to the Obama administration, they were known to the Pentagon and US intelligence, which were not only providing weapons, logistics and financial support to the ISIS rebels, they were also coordinating, behind the scenes, the ISIS attack on the city of Mosul. While ISIS is a well equipped and disciplined rebel army when compared to other Al Qaeda affiliated formations, the capture of Mosul, did not hinge upon ISIS’s military capabilities. Quite the opposite: Iraqi forces which outnumbered the rebels by far, equipped with advanced weapons systems could have easily repelled the ISIS rebels. There were 30,000 government forces in Mosul as opposed to 1000 ISIS rebels, according to reports. The Iraqi army chose not to intervene. The media reports explained without evidence that the decision of the Iraqi armed forces not to intervene was spontaneous characterized by mass defections.
  • Iraqi officials told the Guardian that two divisions of Iraqi soldiers – roughly 30,000 men – simply turned and ran in the face of the assault by an insurgent force of just 800 fighters. Isis extremists roamed freely on Wednesday through the streets of Mosul, openly surprised at the ease with which they took Iraq’s second largest city after three days of sporadic fighting. (Guardian, June 12, 2014, emphasis added) The reports point to the fact that Iraqi military commanders were sympathetic with the Sunni led ISIS insurgency: Speaking from the Kurdish city of Erbil, the defectors accused their officers of cowardice and betrayal, saying generals in Mosul “handed over” the city over to Sunni insurgents, with whom they shared sectarian and historical ties. (Daily Telegraph,  13 June 2014) What is important to understand, is that both sides, namely the regular Iraqi forces and the ISIS rebel army are supported by US-NATO. There were US military advisers and special forces including operatives from private military companies on location in Mosul working with Iraq’s regular armed forces. In turn, there are Western special forces or mercenaries within ISIS (acting on contract to the CIA or the Pentagon) who are in liaison with US-NATO (e.g. through satellite phones).
  • Under these circumstances, with US intelligence amply involved, there would have been routine communication, coordination, logistics and exchange of intelligence between a US-NATO military and intelligence command center, US-NATO military advisers forces or private military contractors on the ground assigned to the Iraqi Army and Western special forces attached to the ISIS brigades. These Western special forces operating covertly within the ISIS could have been dispatched by a private security company on contract to US-NATO.
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  • In this regard, the capture of Mosul appears to have been a carefully engineered operation, planned well in advance. With the exception of a few skirmishes, no fighting took place. Entire divisions of the Iraqi National Army –trained by the US military with advanced weapons systems at their disposal– could have easily repelled the ISIS rebels. Reports suggest that they were ordered by their commanders not to intervene. According to witnesses, “Not a single shot was fired”. The forces that had been in Mosul have fled — some of which abandoned their uniforms as well as their posts as the ISIS forces swarmed into the city. Fighters with the Islamic State of Iraq and Syria (ISIS), an al-Qaeda offshoot, overran the entire western bank of the city overnight after Iraqi soldiers and police apparently fled their posts, in some instances discarding their uniforms as they sought to escape the advance of the militants. http://hotair.com/archives/2014/06/10/mosul-falls-to-al-qaeda-as-us-trained-security-forces-flee/
  • A contingent of one thousand ISIS rebels take over a city of more than one million? Without prior knowledge that the US controlled Iraqi Army (30,000 strong) would not intervene, the Mosul operation would have fallen flat, the rebels would have been decimated. Who was behind the decision to let the ISIS terrorists take control of Mosul? Had the senior Iraqi commanders been instructed by their Western military advisers to hand over the city to the ISIS terrorists? Were they co-opted?
  • The formation of the caliphate may be the first step towards a broader conflict in the Middle East, bearing in mind that Iran is supportive of the Al Maliki government and the US ploy may indeed be to encourage the intervention of Iran. The proposed redivision of Iraq is broadly modeled on that of the Federation of Yugoslavia which was split up into seven “independent states” (Serbia, Croatia, Bosnia-Herzegovina, Macedonia (FYRM), Slovenia, Montenegro, Kosovo). According to Mahdi Darius Nazemroaya, the re division of Iraq into three separate states is part of a broader process of redrawing the Map of the Middle East.
  • US forces could have intervened. They had been instructed to let it happen. It was part of a carefully planned agenda to facilitate the advance of the ISIS rebel forces and the installation of the ISIS caliphate. The whole operation appears to have been carefully staged.
  • In Mosul, government buildings, police stations, schools, hospitals, etc are formally now under the control of the Islamic State of Iraq and Syria (ISIS). In turn, ISIS has taken control of military hardware including helicopters and tanks which were abandoned by the Iraqi armed forces. What is unfolding is the installation of a US sponsored Islamist ISIS caliphate alongside the rapid demise of the Baghdad government. Meanwhile, the Northern Kurdistan region has de facto declared its independence from Baghdad. Kurdish peshmerga rebel forces (which are supported by Israel) have taken control of the cities of Arbil and Kirkuk. (See map above) Concluding Remarks There were no Al Qaeda rebels in Iraq prior to the 2003 invasion. Moreover, Al Qaeda was non-existent in Syria until the outset of the US-NATO-Israeli supported insurgency in March 2011. The ISIS is not an independent entity. It is a creation of US intelligence. It is a US intelligence asset, an instrument of non-conventional warfare.
  • Was the handing over of Mosul to ISIS part of a US intelligence agenda? Were the Iraqi military commanders manipulated or paid off into allowing the city to fall into the hands of the ISIS rebels without “a single shot being fired”. Shiite General Mehdi Sabih al-Gharawi who was in charge of the Mosul Army divisions “had left the city”. Al Gharawi had worked hand in glove with the US military. He took over the command of Mosul in September 2011, from US Col Scott McKean. Had he been co-opted, instructed by his US counterparts to abandon his command?
  • The ultimate objective of this ongoing US-NATO engineered conflict opposing Maliki government forces to the ISIS insurgency is to destroy and destabilize Iraq as a Nation State. It is part of an intelligence operation, an engineered process of  transforming countries into territories. The break up of Iraq along sectarian lines is a longstanding policy of the US and its allies. The ISIS is a caliphate project of creating a Sunni Islamist state. It is not a project of the Sunni population of Iraq which historically has been committed to a secular system of government. The caliphate project is a US design. The advances of ISIS forces is intended to garnish broad support within the Sunni population directed against the Al Maliki government The division of Iraq along sectarian-ethnic lines has been on the drawing board of the Pentagon for more than 10 years.
  • The above map was prepared by Lieutenant-Colonel Ralph Peters. It was published in the Armed Forces Journal in June 2006, Peters is a retired colonel of the U.S. National War Academy. (Map Copyright Lieutenant-Colonel Ralph Peters 2006). Although the map does not officially reflect Pentagon doctrine, it has been used in a training program at NATO’s Defense College for senior military officers”. (See Plans for Redrawing the Middle East: The Project for a “New Middle East” By Mahdi Darius Nazemroaya, Global Research, November 2006)
  • The Western media in chorus have described the unfolding conflict in Iraq as a “civil war” opposing the Islamic State of Iraq and al-Sham against the Armed forces of the Al-Maliki government. (Also referred to as Islamic State of Iraq and the Levant (ISIL) or Islamic State of Iraq and Syria (ISIS)) The conflict is casually described as “sectarian warfare” between Radical Sunni and Shia without addressing “who is behind the various factions”.  What is at stake is a carefully staged US military-intelligence agenda. Known and documented, Al Qaeda affiliated entities have been used by US-NATO in numerous conflicts as “intelligence assets” since the heyday of the Soviet-Afghan war. In Syria, the Al Nusrah and ISIS rebels are the foot-soldiers of the Western military alliance, which oversees and controls the recruitment and training of paramilitary forces.
  • The Al Qaeda affiliated Islamic State of Iraq (ISI) re-emerged in April 2013 with a different name and acronym, commonly referred to as the Islamic State of Iraq and Syria (ISIS). The formation of a terrorist entity encompassing both Iraq and Syria was part of a US intelligence agenda. It responded to geopolitical objectives. It also coincided with the advances of Syrian government forces against the US sponsored insurgency in Syria and the failures of both the Free Syrian Army (FSA) and its various “opposition” terror brigades. The decision was taken by Washington to channel its support (covertly) in favor of a terrorist entity which operates in both Syria and Iraq and which has logistical bases in both countries. The Islamic State of Iraq and al-Sham’s Sunni caliphate project coincides with a longstanding US agenda to carve up both Iraq and Syria into three separate territories: A Sunni Islamist Caliphate, an Arab Shia Republic, and a Republic of Kurdistan.
  • Whereas the (US proxy) government in Baghdad purchases advanced weapons systems from the US including F16 fighter jets from Lockheed Martin, the Islamic State of Iraq and al-Sham –which is fighting Iraqi government forces– is supported covertly by Western intelligence. The objective is to engineer a civil war in Iraq, in which both sides are controlled indirectly by US-NATO. The scenario is to arm and equip them, on both sides, finance them with advanced weapons systems and then “let them fight”.
  • The Islamic caliphate is supported covertly by the CIA in liaison with Saudi Arabia, Qatar and Turkish intelligence. Israel is also involved in channeling support to both Al Qaeda rebels in Syria (out of the Golan Heights) as well to the Kurdish separatist movement in Syria and Iraq.
  • First published by GR on June 14, 2014.  President Barack Obama has initiated a series of US bombing raids in Iraq allegedly directed towards the rebel army of the Islamic State (IS). The Islamic State terrorists are portrayed as an enemy of America and the Western world. Amply documented, the Islamic State is a creation of Western intelligence, supported by the CIA and Israel’s Mossad and financed by Saudi Arabia and Qatar. We are dealing with a diabolical military agenda whereby the United States is targeting a rebel army which is directly funded by the US and its allies. The incursion into Iraq of the Islamic State rebels in late June was part of a carefully planned intelligence operation. The rebels of the Islamic state, formerly known as the ISIS, were covertly supported by US-NATO-Israel  to wage a terrorist insurgency against the Syrian government of Bashar Al Assad.  The atrocities committed in Iraq are similar to those committed in Syria. The sponsors of IS including Barack Obama have blood on their hands.
  • The killings of innocent civilians by the Islamic state terrorists create a pretext and the justification for US military intervention on humanitarian grounds. Lest we forget, the rebels who committed these atrocities and who are a target of US military action are supported by the United States. The bombing raids ordered by Obama are not intended to eliminate the terrorists. Quite the opposite, the US is targeting the civilian population as well as the Iraqi resistance movement. The endgame is to destabilize Iraq as a nation state and trigger its partition into three separate entities.
  • Paul Merrell on 15 Jun 14
     
    The destabilization and fragmentation of Israel's neighboring nations has indeed been on the Zionist/Neocon drawing board for a very long time. http://goo.gl/Z1gdoA In the Mideast, it's important to remember that there are no significant Islamist forces that are not under the control of the U.S. or its allies Saudi Arabia and Qatar. The Iraqi Army's withdrawal of the two divisions from the defense of Mosul is indeed curious. In that regard, Col. Peters' map of a future Mideast is almost certainly more than a coincidence. 
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