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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

Congressional Power - 1 views

www.infoplease.com/...congressionalpowers.html

Banksters USA-Constitution Congressional-Power Supreme-Court-Rulings

shared by Gary Edwards on 11 Aug 11 - No Cached
  • Gary Edwards on 11 Aug 11
     
    Legal Brief on Congressional Power, Court Rulings, & the Constitution: The expressed Powers of Congress are listed in the Constitution. Congress also has implied Powers, which are based on the Constitution's right to make any laws that are "necessary and proper" to carry out those expressed Powers. Congress has exercised its implied Powers thousands of times over the years. Here are but a few major illustrations of that fact. 1780 1789 The Constitution gives expressed Powers to Congress in Article 1, Section 8. 1800 1810 1819 In McCulloch v. Maryland, the Supreme Court holds that the Powers to tax, borrow, and regulate commerce give Congress the implied Power to establish a national bank. 1820 1824 Gibbons v. Ogden is the first commerce clause case to reach the Supreme Court. The broad definition of commerce the Court lays out in its ruling extends federal authority. 1830 1840 1850 1860 1862 The U.S. government issues its first legal tender notes, which are popularly called greenbacks. 1870 1870 In Hepburn v. Griswold the Supreme Court rules that the Constitution does not authorize the printing of paper money. 1870 The Court reverses its position on the printing of paper money and holds that issuing paper money is a proper use of the currency Power in the Legal Tender cases. The decision in Juliard v. Greenman (1884) reaffirms this holding. 1880 1890 1890 The Sherman Antitrust Act, based on the commerce Power, regulates monopolies and other practices that limit competition. 1900 1910 1920 1930 1935 The Wagner Act, based on the commerce Power, recognizes labor's right to bargain collectively. 1935 The Social Security Act is passed. 1937 The Supreme Court upholds the Social Security Act of 1935 as a proper exercise of the Powers to tax and provide for the general welfare in Steward Machine Co. v. Davis and Helvering v. Davis. 1940 1950 1956 The Interstate and National Highway Act, based on the commerce and war Powers, provides for a national interstate highway system.
Gary Edwards

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

rt.com/...ident-order-communications-770

Obammunism executive-orders

shared by Gary Edwards on 10 Jul 12 - No Cached
  • Gary Edwards on 10 Jul 12
     
    Awful stuff.  Another Obama executive order suspending the Constitution and terminating the Bill of Rights. Revoking the right of habeas corpus is unconstitutional. So is declaring a national emergency without congressional approval. The Constitution declares, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." While Congress has passed many an unConstitutional Law regarding "National Emergency Powers", there is nothing in the Constitution granting any branch of the Federal government to tear up the Constitution and Bill of Rights.  Atrocities like FiSA, The Military Commissions Act, NSP51, HSPD20, the John Warner Defense Authorization Act, the National Emergencies Act, and the Patriot Act are un Constitutional to the core.   Only the American people, through their representatives in Congress, can declare a national emergency.  With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency.  Many statist seeking to breach the Constitution and Bill of Rights argue that the granting of emergency Powers by Congress is implicit in its Article I, section 8 authority to "provide for the common Defense and general Welfare," the commerce clause, its war, armed forces, and militia Powers, and the "necessary and proper" clause emPowering it to make such laws as are required to fulfill the executions of "the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." But this issue of "implied" Powers defies an actual reading of the Constitution, and seeks to breach the meaning of that most basic of all Madisonian  Constitutional concepts embedded into the framework of limited government: "enumerated Powers".  The United States is a government of enumerated Powers.  N
Gary Edwards

Impeach Judge James Robart for violating sovereignty and Constitution - 0 views

www.conservativereview.com/...g-sovereignty-and-constitution

Byron-York Trump-Immigration-Order

shared by Gary Edwards on 08 Feb 17 - No Cached
  • Gary Edwards on 08 Feb 17
     
    "It's still hard to believe we now live in a country where a district judge can demand that we bring in refugees from state sponsors of terror and failed states saturated with terrorists and no data systems during a time of war. It's almost unfathomable that a district judge, an institution created by Congress, can overturn long-standing refugee law and bar the federal government from prioritizing persecuted religious minorities for refugee resettlement. All in contravention to statute, numerous clauses of the Constitution, the social contract, the social compact, popular sovereignty, jurisdictional sovereignty, and 200 years of case law. If Obergefell redefined the building block of all civilization, Judge James Robart's ruling redefined the building block of a sovereign nation. It's hard to comprehend a judicial opinion more divorced from our Constitution, sovereignty, fundamental laws, founding values, history, and tradition. It's also hard to imagine an opinion that is of greater consequence - unless it is ignored. In the long run, Congress must strip the federal judiciary of their power grab and restore Congress' plenary power over immigration, as it was since our founding. However, in the meantime, it's time to make impeachment great again. Impeachment was a critical check on abuse of power   Before the growth of political parties killed the separation of powers, the tool of impeachment was regarded by our founders as one of the most effective ways of checking the executive and judicial branches of government. By my count, impeachment is referenced 58 times in the Federalist Papers and countless times during the Constitutional Convention. Impeachment [U.S.CONST. art. II, §4] was not only reserved for those who engage in criminal behavior. It was clearly designed to check abuse of power. As the Congressional Research Service observes, Congress has identified "improperly exceeding or abusing the powers of the office" as a criterion for
Gary Edwards

American Thinker: Taking Back Our Constitution by Anthony G.P. Marini - 0 views

www.americanthinker.com/...ing_back_our_constitution.html

Take-Back-America usa-constitution tea-party constitutional-conservatism

shared by Gary Edwards on 14 Aug 10 - Cached
  • However, any powers that the Congress derives regarding commerce activities arise from Article I, Section 8 of the Constitution: "[Congress has the power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes[.]"This clause was considered silent because lawmakers couldn't figure out a straight-faced way to exploit this narrowly-defined power: The actual wording gives Congress power to regulate commerce among the states, but not between individual citizens
  • So by conflating a generous reinterpretation with commerce-related laws, the Congress gave itself the authority to regulate individual citizens.
  • Congress required new powers of the purse...the power to tax outside of those powers explicitly set forth in Article I, Section 8 of the Constitution:
  • ...4 more annotations...
  • Congress was able to accomplish what was once unthinkable by past Congresses. Congress acquired the legislative tools required to implement a sweeping, socially progressive agenda using just two words: Commerce and Welfare.
  • two mid-1930s Supreme Court decisions2 did the Congress finally get their desired taxation superpowers.
  • clause. However actual expansions of these powers were a long time coming, and
  • not until
  • Gary Edwards on 14 Aug 10
     
    Americans, the Constitution of the United States of America doesn't belong to us anymore. We have let our guard down one too many times with regard to our constitutional responsibilities, rights, and liberties, and now elected politicians control the document. Because of a lack of vigilance and perhaps of laziness on our part, our representatives and our government constrain and dominate us using legislative powers obtained from interpretations, penumbrae, and self-serving close calls for scant (and vaguely defined) words in our Constitution. It took a long time for Congress and the government to amass these powers that they have taken from us, and they certainly won't relinquish them as easily as we gave them up. But with unflinching purpose, we must begin to take the Constitution back, as well as reimpose limits on congressional powers, for the sake of future Americans. The start of flagrant congressional abuse of the Constitution may be traced to the late 19th century1, when lawmakers found they could exploit the previously "silent" commerce clause. As Americans are highly dependent upon commerce, a government that can control all aspects of commerce is a very powerful government indeed. However, any powers that the Congress derives regarding commerce activities arise from Article I, Section 8 of the Constitution: "[Congress has the power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes[.]" This clause was considered silent because lawmakers couldn't figure out a straight-faced way to exploit this narrowly-defined power: The actual wording gives Congress power to regulate commerce among the states, but not between individual citizens. So by conflating a generous reinterpretation with commerce-related laws, the Congress gave itself the authority to regulate individual citizens.
Gary Edwards

Google News - 0 views

news.google.com/?ar=1375391426

Libertarians freedom-liberty freedom-tyranny authoritarianism-individual-liberty

shared by Gary Edwards on 01 Aug 13 - No Cached
  • Gary Edwards on 01 Aug 13
     
    WOW!!! Incredible presentation concerning the history of Freedom vs. Tyranny. WOW!! If ever there's a MUST Watch, this is it. Very impressive and sweeping comparison of how authoritarian collectivist seize power in a free society and establish their tyrannies. My notes are listed below: How to recognize potential tyrants and keep them from seizing power. The urge to save humanity is always used to justify those who want to rule humanity. - ML Menken Daniel Webster on the Constitution Obstacles to Tyranny : Limited powers of government .... Due Process .... Presumption of Innocence .... Freedom to Dissent .... Armed Populace: The right to be Armed! Due Process .... 5th Amendment .... Emergency powers. there is no authorization in the US Constitution to suspend Due Process or any aspect of the Bill of Rights .... Asset Seizure Laws for criminal activities (alleged - without warrant or court order) .... Eminent Domain: seizure of private property for government uses: 2005 Kelo vs New London seizure based on jobs (economy) and tax revenue possibilities. .... 6th Amendment - right to trial by jury : plea bargaining admonition based on facing the awesome power of the government to prosecute no matter what - intimidation and threat of personal destruction. .... Forced confessions through plea bargaining. .... Indefinite detention without trial or charges: President has power to kill or issue orders without warrant, charges or trial .... Presumption of Innocence: Probable Cause .... Random stops at Border check points. 5th Amendment protections violated .... Sobriety Check Points: 4th and 5th Amendments violated - no presumption of innocence .... Random detention and questioning: airport security pat downs, housing projects, bus transportation .... The Right to Privacy: financial transactions and the IRS audit (without warrant or accusation) .... Warrant-less Spying .... Agents writing their own search warrants .... Snatch and Peek Freedom to Disse
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.  
Gary Edwards

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

press-pubs.uchicago.edu/...bill_of_rightss7.html

constitutional-republic

shared by Gary Edwards on 06 Mar 10 - Cached
  • The most considerable of these remaining objections is, that the plan of the convention contains no bill of rights. Among other answers given to this, it has been upon different occasions remarked, that the constitutions of several of the states are in a similar predicament.
  • It has been several times truly remarked, that bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince.
  • It is evident, therefore, that according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants.
  • ...6 more annotations...
  • the people surrender nothing, and as they retain every thing, they have no need of particular reservations.
  • "We the people of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America."
  • I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted.
  • For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?
  • I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretence for claiming that power.
  • The truth is, after all the declamation we have heard, that the constitution is itself in every rational sense, and to every useful purpose, A BILL OF RIGHTS
  • Gary Edwards on 06 Mar 10
     
    University of Chicago publication on the Web of all Federalist Papers.  The question i was researching had to do with Michael Hickens comparison of Hamilton to FDR (Franklin Delano Roosevelt).  I was looking for some are where there might be some measure of "agreement" between Hamilton and FDR. Hamilton of course is known as a great defender of personal liberty, LIMITED government, and the importance of ENUMERATED powers in the Constitution.  In this paper he argues that the call for a Bill of Rights added to the proposed Constitution is uneccessary exactly because the people did not grant to the government the powers to infringe or take away any freedoms/rights to begin with.  He further argues that enumerating these "rights" would suggest that somehow the federal government would have this power!  Even though it's enumerated in the Constitution.  So why write an enumerated Constitution if you have to further enumerate the rights of the people beyond the limits of government? FDR of course is the great statist/socialist who believed that the Constitution doesn't go far enough in it's obligations to CARE for the people's needs.  So FDR proposed a second Bill of Rights that expanded the governments responsibilities and power to provide for damn near every physical and material need a person might ever have.   Two interesting "value statements" to consider.  Guess which one would be supported by that great Federalist, Hamilton.  And which by that great statist/socialist, FDR? Karl Marx: "From each, according to his ability; to each, according to his need" The Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, " And then there's t
Gary Edwards

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

www.washingtonexaminer.com/...2613988

Byron-York Trump-Immigration-Order

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  • 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."
Gary Edwards

Who owns the Bank of England? |Dark Politricks - 0 views

www.darkpolitricks.com/...who-owns-the-bank-of-england

banksters Banksters-of-America Rothschild-Bank-of-England

shared by Gary Edwards on 21 Sep 13 - No Cached
  • Gary Edwards on 21 Sep 13
     
    "Who owns the Bank of England? A brief history of World Banksters By Dark Politricks First a few historical comments by people who helped create two of the worlds most famous central banks, the Bank of England and the Federal Reserve. "I am a most unhappy man. I have unwittingly ruined my country. A great industrial nation is controlled by its system of credit. Our system of credit is concentrated. The growth of the nation, therefore, and all our activities are in the hands of a few men. We have come to be one of the worst ruled, one of the most completely controlled and dominated Governments in the civilized world no longer a Government by free opinion, no longer a Government by conviction and the vote of the majority, but a Government by the opinion and duress of a small group of dominant men." - Woodrow Wilson, after signing the Federal Reserve into existence The Bank of England was created in 1694 by a Scotsman William Paterson who famously said: The bank hath benefit of interest on all moneys which it creates out of nothing. - William Paterson The history of the Bank of England and how it was taken over by one powerful family hundreds of years ago. Up until 1946 when it was nationalised the Bank of England was a private run bank that lent money it created out of nothing to the English government and was paid back with interest. A very famous story relates to the Bank of England and the infamous Rothschilds, that all powerful banking family. This story was re-told recently in a BBC documentary about the creation of money and the Bank of England. It revolves around the Battle of Waterloo in which Nathan Rothschild used his inside knowledge of the outcome and his faster horses and couriers to play the market by getting the result of the battle before anyone else knew the outcome. He quickly sold his English bonds and gave all the traders who looked to him for guidance the impression that the French had won at Waterloo. The other traders all rus
Gary Edwards

1913: The Blow That Killed America 100 Years Ago - 0 views

www.freemansperspective.com/1913-america

1913 Woodrow-Wilson Nelson-Aldrich Rockefeller Bilderbergs ruling-class-elites

shared by Gary Edwards on 15 Aug 13 - No Cached
  • Gary Edwards on 15 Aug 13
     
    "There is a lot of ruin in a nation," wrote Adam Smith. His point was that it takes a long time for nations to fall, even when they're dead on their feet. And he was certainly right. America took its fatal blow in 1913, one hundred years ago; it just hasn't hit the ground yet. This is a slow process, but it's actually fast compared to the Romans. It took them several centuries to collapse . The confusing thing about our current situation is that America - and by that I mean the noble America that so many of us grew up believing was real - has long been poisoned. Its liver, kidneys, and spleen have all stopped functioning. Its heart beats slowly and irregularly. But it still stands on its feet and presents itself as alive to all those who would let their eyes fool them. And I'm not without sympathy for those who want to believe. They find themselves in a world where politics is almighty, and where their comfort, prosperity, and perhaps their survival all hang in a delicate balance. They don't want to upset anything, and questioning the bosses is a good way to get yelled at. But just because someone wants to believe doesn't make it so. We are not children and we are not powerless. We Producers should never be intimidated by those who live at our expense. So let's start looking at the facts. 1913: The Horrible Year For all the problems America had prior to 1913 (including the unnecessary and horrifying Civil War), nothing spelled the death of the nation like the horrors of 1913. Here are the key dates: February 3rd : The 16th Amendment to the United States Constitution was ratified, authorizing the Federal government to impose income taxes on individuals. An amendment to a tariff act in 1894 had attempted to do this, but since it was clearly unconstitutional, the Supreme Court struck it down. As a result - and mostly under the banner of bleeding the rich - the 16th amendment was promoted and passed. As a result, the Revenue Act of 1
Gary Edwards

Chilling legal memo from Obama DOJ justifies assassination of US citizens - Tea Party - 0 views

www.teaparty.org/ssassination-us-citizens-34330

shared by Gary Edwards on 09 Feb 14 - No Cached
  • Chilling legal memo from Obama DOJ justifies assassination of US citizens
  • The president’s partisan lawyers purport to vest him with the most extreme power a political leader can seize (The Guardian) – The most extremist power any political leader can assert is the power to target his own citizens for execution without any charges or due process, far from any battlefield. The Obama administration has not only asserted exactly that power in theory, but has exercised it in practice. In September 2011, it killed US citizen Anwar Awlaki in a drone strike inYemen, along with US citizen Samir Khan, and then, in circumstances that are still unexplained, two weeks later killed Awlaki’s 16-year-old American son Abdulrahman with a separate drone strike in Yemen.
  • a Washington Post article from October reported that the administration is formally institutionalizing this president’s power to decide who dies under the Orwellian title “disposition matrix”.
  • ...15 more annotations...
  • What has made these actions all the more radical is the absolute secrecy with which Obama has draped all of this. Not only is the entire process carried out solely within the Executive branch - with no checks or oversight of any kind – but there is zero transparency and zero accountability. The president’s underlings compile their proposed lists of who should be executed, and the president – at a charming weekly event dubbed by White House aides as “Terror Tuesday” – then chooses from “baseball cards” and decrees in total secrecy who should die. The power of accuser, prosecutor, judge, jury, and executioner are all consolidated in this one man, and those powers are exercised in the dark.
  • The Most Transparent Administration Ever™ has been so fixated on secrecy that they have refused even to disclose the legal memoranda prepared by Obama lawyers setting forth their legal rationale for why the president has this power.
  • During the Bush years, when Bush refused to disclose the memoranda from his Office of Legal Counsel (OLC) that legally authorized torture, rendition, warrantless eavesdropping and the like, leading Democratic lawyers such as Dawn Johnsen (Obama’s first choice to lead the OLC) vehemently denounced this practice as a grave threat, warning that “the Bush Administration’s excessive reliance on ‘secret law’ threatens the effective functioning of American democracy” and “the withholding from Congress and the public of legal interpretations by the [OLC] upsets the system of checks and balances between the executive and legislative branches of government.”
  • But when it comes to Obama’s assassination power, this is exactly what his administration has done. It has repeatedly refused to disclose the principal legal memoranda prepared by Obama OLC lawyers that justified his kill list. It is, right now, vigorously resisting lawsuits from the New York Times and the ACLU to obtain that OLC memorandum. In sum, Obama not only claims he has the power to order US citizens killed with no transparency, but that even the documents explaining the legal rationale for this power are to be concealed. He’s maintaining secret law on the most extremist power he can assert.
  • Last night, NBC News’ Michael Isikoff released a 16-page “white paper”prepared by the Obama DOJ that purports to justify Obama’s power to target even Americans for assassination without due process (the memo is embedded in full below). This is not the primary OLC memo justifying Obama’s kill list – that is still concealed – but it appears to track the reasoning of that memo as anonymously described to the New York Times in October 2011.
  • there are numerous points that should be emphasized about the fundamentally misleading nature of this new memo:
  • 2. Creating a ceiling, not a floor
  • 1. Equating government accusations with guilt
  • 3. Relies on the core Bush/Cheney theory of a global battlefield
  • 4. Expanding the concept of “imminence” beyond recognition
  • The memo is authorizing assassinations against citizens in circumstances far beyond this understanding of “imminence”. Indeed, the memo expressly states that it is inventing “a broader concept of imminence” than is typically used in domestic law. Specifically, the president’s assassination power “does not require that the US have clear evidence that a specific attack . . . will take place in the immediate future”. The US routinely assassinates its targets not when they are engaged in or plotting attacks but when they are at home, with family members, riding in a car, at work, at funerals, rescuing other drone victims, etc.
  • “This is a chilling document” because “it argues that the government has the right to carry out the extrajudicial killing of an American citizen” and the purported limits “are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”
  • 6. Making a mockery of “due process”
  • Stephen Colbert perfectly mocked this theory when Eric Holder first unveiled it to defend the president’s assassination program. At the time, Holder actually said: “due process and judicial process are not one and the same.” Colbert interpreted that claim as follows: “Trial by jury, trial by fire, rock, paper scissors, who cares?Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”
  • here we are almost a full decade later. And we have the current president asserting the power not merely to imprison or eavesdrop on US citizens without charges or trial, but to order them executed – and to do so in total secrecy, with no checks or oversight.
Gary Edwards

The Thorium Powered Car - EPautos - 0 views

ericpetersautos.com/...the-thorium-powered-car

energy Clean-Energy thorium CNG

shared by Gary Edwards on 01 May 15 - No Cached
  • An internal combustion can burn gas and CNG (or propane). All that was necessary to allow the switch from one fuel to another was some additional plumbing and calibration of the car’s ECU (the computer that makes air-fuel ratio adjustments and so on). So, no worries about running empty – and no waiting for hours to refuel. Three, CNG was (is) cheap and burns very cleanly and is massively abundant right here in the U.S.  At a stroke, the three major charges leveled against the pure-gasoline-burning car are vacated. The CNG car hardly pollutes and it greatly reduces and potentially eliminates dependence on “foreign” oil. Also, the cost of the CNG car itself was within reason because no uber-elaborate technology was necessary (unlike electric cars and hybrid electric cars). Just some modifications to an existing car. Sure, there were some issues to be sorted out – the big one being making it easy (and safe) for the average person to refill the CNG tanks. But the technology of the car itself worked – and was economic.
  • So why wasn’t it developed? Perhaps precisely because it did work – and was economic. People could drive big – and powerful cars. At a reasonable cost. Well, they could have.
  • Here’s another, more recent one: The thorium-turbine powered car. Heat energy from the thorium – a weakly radioactive element (named after the Norse god Thor) that is estimated to be 3-4 times more naturally abundant than uranium and which contains 20 million times the energy as an equivalent lump of coal – is used to generate steam, which is then used to power a small turbine, which provides the motive force. The beauty of the system is that – like a nuclear submarine – the fuel lasts almost forever. Well, longer than you will last, probably. How’s 100 years sound? No more stopping for “gas”… ever. This alone would make current IC cars seem as wasteful of time (and energy) as current IC cars make electric cars look wasteful of time and energy. But wait, there’s more.
  • ...2 more annotations...
  • Well, less. No emissions at all. Because nothing’s being burned, there’s no exhaust. Water to steam, expansion and contraction – and back again. Closed (and clean) loop. The Algoreans ought to be ecstatic. Yet there is dead silence. You can hear the crickets chirping. Is it because thorium is radioactive? The word is third rail to scientifically illiterate homo Americanus – who fears it in the same way a savage fears the voices coming out of the Talk Box (radio). The mere mention of the word is sufficient to incite a panic. It’s why the nuclear power grid is dead in the water; or rather, as old as a Betamax copy of Saturday Night Fever. But it’s not even the same thing. Thorium is mildly radioactive. Dr. Charles Stevens, CEO of Laser power Systems – which is developing the technology, or at least, trying to – says: “The radiation can be shielded by a single sheet of aluminum foil.” 
  • Bear in mind that gasoline is a highly volatile, highly explosive liquid fuel. But most of us do not sweat having 15 or so gallons of the stuff sloshing around in our cars, because we’re used to it. Because we know the gas tank is well-protected and not likely to burst into flames. It could happen, sure. But the individual risk is very small – just as the individual risk posed by a thorium-turbine car’s low-level radioactivity is small. Well, would be. If such cars were to be produced. But, it doesn’t look like they will be. Stevens told Mashable that “the automakers don’t want to buy them” – so his company is focusing on other applications of the technology, including an air conditioner-size unit that could power an entire restaurant or hotel, eliminating the need for grid electricity. This ought to please the Algoreans, too – since the electric grid is powered mostly by coal and oil-fired utility plants. But, again, crickets. It kind of makes you wonder, doesn’t it?
  • Gary Edwards on 01 May 15
     
    "Why is it that alternative technologies that clearly do not work -  which are so gimped by functional and economic problems as to be not-viable on the market absent huge subsidies and even then, it's hard to give them away - continue to receive seemingly endless financial and political support … while technologies that actually might work better than current internal combustion engine technology can't seem to get any traction at all? Electric cars are hopeless. For more than a century now, generations of engineers have tried - and, so far, failed - to develop a battery that will endow an electric car with the range and reasonable recharge times necessary for everyday-driver viability… at a cost (not subsidized) that would make such a car a better choice, economically speaking, than an otherwise comparable gasoline (or diesel) powered car. Billions of dollars, probably, have been thrown at the electric car and - so far - no major technological improvement over a 1906 Baker Landolet. Meanwhile, whatever happened to the natural gas-burning car? Back in the mid-'90s, both Ford and GM built - and actually sold - natural-gas (CNG) fueled cars. Several things about them were interesting. One, they were big cars. Ford sold a CNG version of its six-passenger/full-size Crown Vic; GM sold a CNG version of the Vic's primary competition - the Chevy Caprice. Part of the reason for going with the big car as the platform was the need for a big trunk to house the CNG tank (and still have some trunk space left for people's things). But the take-home point was that you got a nice big family car - with a V8 engine - rather than a scrunched up subcompact. Two, they were practical. No range issue, because you had plenty (150-plus) on the CNG and the distance you could drive was not affected by the outside temperature or greatly reduced if you ran accessories like the AC and headlights, as it is in electric cars. And besides, when the C
Gary Edwards

Tocqueville's Warning to America: The Dangers of Despotism - 0 views

www.breitbart.com/...erica-The-Dangers-of-Despotism

Alexis-de-Tocqueville freedom-liberty

shared by Gary Edwards on 04 Jul 13 - No Cached
  • Gary Edwards on 04 Jul 13
     
    "The words of Alexis de Tocqueville in Book Four, Chapter VI of Democracy America are particularly poignant: I had remarked during my stay in the United States, that a democratic state of society, similar to that of the Americans, might offer singular facilities for the establishment of despotism... I think, then, that the species of oppression by which democratic nations are menaced is unlike anything which ever before existed in the world: our contemporaries will find no prototype of it in their memories. I seek in vain for an expression which will accurately convey the whole of the idea I have formed of it, the old words despotism and tyranny are inappropriate: the thing itself is new, and since I cannot name, I must attempt to define it. I seek to trace the novel features under which despotism may appear in the world. The first thing that strikes the observation is an innumerable multitude of men, all equal and alike, incessantly endeavoring to procure the petty and paltry pleasures with which they glut their lives. Each of them, living apart, is as a stranger to the fate of all the rest,--his children and his private friends constitute to him the whole of mankind; as for the rest of his fellow-citizens, he is close to them, but he sees them not;--he touches them, but he feels them not; he exists but in himself and for himself alone; and if his kindred still remain to him, he may be said at any rate to have lost his country. Above this race of men stands an immense and tutelary power, which takes upon itself alone to secure their gratifications, and to watch over their gate. That power is absolute, minute, regular, provident, and mild. It would be like the authority of a parent, if, like that authority, its object was to prepare men for manhood; but it seeks, on the contrary, to keep them in perpetual childhood: it is well content that the people should rejoice, provided they think of nothing but rejoicing. For their happiness such a government willingly la
  • Paul Merrell on 10 Jul 13
     
    "An elective despotism was not the government we fought for." - James Madison
Paul Merrell

Tomgram: Alfred McCoy, It's About Blackmail, Not National Security | TomDispatch - 0 views

www.tomdispatch.com/...kmail%2C_not_national_security

surveillance state blackmail power-projection empire Obama BushII

shared by Paul Merrell on 29 Jan 14 - No Cached
  • For more than six months, Edward Snowden’s revelations about the National Security Agency (NSA) have been pouring out from the Washington Post, the New York Times, the Guardian, Germany’s Der Spiegel, and Brazil’s O Globo, among other places.  Yet no one has pointed out the combination of factors that made the NSA’s expanding programs to monitor the world seem like such a slam-dunk development in Washington.  The answer is remarkably simple.  For an imperial power losing its economic grip on the planet and heading into more austere times, the NSA’s latest technological breakthroughs look like a bargain basement deal when it comes to projecting power and keeping subordinate allies in line -- like, in fact, the steal of the century.  Even when disaster turned out to be attached to them, the NSA’s surveillance programs have come with such a discounted price tag that no Washington elite was going to reject them.
  • What exactly was the aim of such an unprecedented program of massive domestic and planetary spying, which clearly carried the risk of controversy at home and abroad? Here, an awareness of the more than century-long history of U.S. surveillance can guide us through the billions of bytes swept up by the NSA to the strategic significance of such a program for the planet’s last superpower. What the past reveals is a long-term relationship between American state surveillance and political scandal that helps illuminate the unacknowledged reason why the NSA monitors America’s closest allies. Not only does such surveillance help gain intelligence advantageous to U.S. diplomacy, trade relations, and war-making, but it also scoops up intimate information that can provide leverage -- akin to blackmail -- in sensitive global dealings and negotiations of every sort. The NSA’s global panopticon thus fulfills an ancient dream of empire. With a few computer key strokes, the agency has solved the problem that has bedeviled world powers since at least the time of Caesar Augustus: how to control unruly local leaders, who are the foundation for imperial rule, by ferreting out crucial, often scurrilous, information to make them more malleable.
  • Once upon a time, such surveillance was both expensive and labor intensive. Today, however, unlike the U.S. Army’s shoe-leather surveillance during World War I or the FBI’s break-ins and phone bugs in the Cold War years, the NSA can monitor the entire world and its leaders with only 100-plus probes into the Internet’s fiber optic cables. This new technology is both omniscient and omnipresent beyond anything those lacking top-secret clearance could have imagined before the Edward Snowden revelations began.  Not only is it unimaginably pervasive, but NSA surveillance is also a particularly cost-effective strategy compared to just about any other form of global power projection. And better yet, it fulfills the greatest imperial dream of all: to be omniscient not just for a few islands, as in the Philippines a century ago, or a couple of countries, as in the Cold War era, but on a truly global scale. In a time of increasing imperial austerity and exceptional technological capability, everything about the NSA’s surveillance told Washington to just “go for it.”  This cut-rate mechanism for both projecting force and preserving U.S. global power surely looked like a no-brainer, a must-have bargain for any American president in the twenty-first century -- before new NSA documents started hitting front pages weekly, thanks to Snowden, and the whole world began returning the favor.
  • ...12 more annotations...
  • As the gap has grown between Washington’s global reach and its shrinking mailed fist, as it struggles to maintain 40% of world armaments (the 2012 figure) with only 23% of global gross economic output, the U.S. will need to find new ways to exercise its power far more economically. As the Cold War took off, a heavy-metal U.S. military -- with 500 bases worldwide circa 1950 -- was sustainable because the country controlled some 50% of the global gross product. But as its share of world output falls -- to an estimated 17% by 2016 -- and its social welfare costs climb relentlessly from 4% of gross domestic product in 2010 to a projected 18% by 2050, cost-cutting becomes imperative if Washington is to survive as anything like the planet’s “sole superpower.” Compared to the $3 trillion cost of the U.S. invasion and occupation of Iraq, the NSA’s 2012 budget of just $11 billion for worldwide surveillance and cyberwarfare looks like cost saving the Pentagon can ill-afford to forego. Yet this seeming “bargain” comes at what turns out to be an almost incalculable cost. The sheer scale of such surveillance leaves it open to countless points of penetration, whether by a handful of anti-war activists breaking into an FBI field office in Media, Pennsylvania, back in 1971 or Edward Snowden downloading NSA documents at a Hawaiian outpost in 2012.
  • In October 2001, not satisfied with the sweeping and extraordinary powers of the newly passed Patriot Act, President Bush ordered the National Security Agency to commence covert monitoring of private communications through the nation's telephone companies without the requisite FISA warrants. Somewhat later, the agency began sweeping the Internet for emails, financial data, and voice messaging on the tenuous theory that such “metadata” was “not constitutionally protected.” In effect, by penetrating the Internet for text and the parallel Public Switched Telephone Network (PSTN) for voice, the NSA had gained access to much of the world’s telecommunications. By the end of Bush’s term in 2008, Congress had enacted laws that not only retrospectively legalized these illegal programs, but also prepared the way for NSA surveillance to grow unchecked. Rather than restrain the agency, President Obama oversaw the expansion of its operations in ways remarkable for both the sheer scale of the billions of messages collected globally and for the selective monitoring of world leaders.
  • By 2012, the centralization via digitization of all voice, video, textual, and financial communications into a worldwide network of fiber optic cables allowed the NSA to monitor the globe by penetrating just 190 data hubs -- an extraordinary economy of force for both political surveillance and cyberwarfare.
  • With a few hundred cable probes and computerized decryption, the NSA can now capture the kind of gritty details of private life that J. Edgar Hoover so treasured and provide the sort of comprehensive coverage of populations once epitomized by secret police like East Germany’s Stasi. And yet, such comparisons only go so far. After all, once FBI agents had tapped thousands of phones, stenographers had typed up countless transcripts, and clerks had stored this salacious paper harvest in floor-to-ceiling filing cabinets, J. Edgar Hoover still only knew about the inner-workings of the elite in one city: Washington, D.C.  To gain the same intimate detail for an entire country, the Stasi had to employ one police informer for every six East Germans -- an unsustainable allocation of human resources. By contrast, the marriage of the NSA’s technology to the Internet’s data hubs now allows the agency’s 37,000 employees a similarly close coverage of the entire globe with just one operative for every 200,000 people on the planet
  • Through the expenditure of $250 million annually under its Sigint Enabling Project, the NSA has stealthily penetrated all encryption designed to protect privacy. “In the future, superpowers will be made or broken based on the strength of their cryptanalytic programs,” reads a 2007 NSA document. “It is the price of admission for the U.S. to maintain unrestricted access to and use of cyberspace.” By collecting knowledge -- routine, intimate, or scandalous -- about foreign leaders, imperial proconsuls from ancient Rome to modern America have gained both the intelligence and aura of authority necessary for dominion over alien societies. The importance, and challenge, of controlling these local elites cannot be overstated. During its pacification of the Philippines after 1898, for instance, the U.S. colonial regime subdued contentious Filipino leaders via pervasive policing that swept up both political intelligence and personal scandal. And that, of course, was just what J. Edgar Hoover was doing in Washington during the 1950s and 1960s.
  • Indeed, the mighty British Empire, like all empires, was a global tapestry woven out of political ties to local leaders or “subordinate elites” -- from Malay sultans and Indian maharajas to Gulf sheiks and West African tribal chiefs. As historian Ronald Robinson once observed, the British Empire spread around the globe for two centuries through the collaboration of these local leaders and then unraveled, in just two decades, when that collaboration turned to “non-cooperation.” After rapid decolonization during the 1960s transformed half-a-dozen European empires into 100 new nations, their national leaders soon found themselves the subordinate elites of a spreading American global imperium. Washington suddenly needed the sort of private information that could keep such figures in line. Surveillance of foreign leaders provides world powers -- Britain then, America now -- with critical information for the exercise of global hegemony. Such spying gave special penetrating power to the imperial gaze, to that sense of superiority necessary for dominion over others.  It also provided operational information on dissidents who might need to be countered with covert action or military force; political and economic intelligence so useful for getting the jump on allies in negotiations of all sorts; and, perhaps most important of all, scurrilous information about the derelictions of leaders useful in coercing their compliance.
  • In late 2013, the New York Times reported that, when it came to spying on global elites, there were “more than 1,000 targets of American and British surveillance in recent years,” reaching down to mid-level political actors in the international arena. Revelations from Edward Snowden’s cache of leaked documents indicate that the NSA has monitored leaders in some 35 nations worldwide -- including Brazilian president Dilma Rousseff, Mexican presidents Felipe Calderón and Enrique Peña Nieto, German Chancellor Angela Merkel, and Indonesia’s president Susilo Bambang Yudhoyono.  Count in as well, among so many other operations, the monitoring of “French diplomatic interests” during the June 2010 U.N. vote on Iran sanctions and “widespread surveillance” of world leaders during the Group 20 summit meeting at Ottawa in June 2010. Apparently, only members of the historic “Five Eyes” signals-intelligence alliance (Australia, Canada, New Zealand, and Great Britain) remain exempt -- at least theoretically -- from NSA surveillance. Such secret intelligence about allies can obviously give Washington a significant diplomatic advantage. During U.N. wrangling over the U.S. invasion of Iraq in 2002-2003, for example, the NSA intercepted Secretary-General Kofi Anan’s conversations and monitored the “Middle Six” -- Third World nations on the Security Council -- offering what were, in essence, well-timed bribes to win votes. The NSA’s deputy chief for regional targets sent a memo to the agency’s Five Eyes allies asking “for insights as to how membership is reacting to on-going debate regarding Iraq, plans to vote on any related resolutions [..., and] the whole gamut of information that could give U.S. policymakers an edge in obtaining results favorable to U.S. goals.”
  • Indicating Washington’s need for incriminating information in bilateral negotiations, the State Department pressed its Bahrain embassy in 2009 for details, damaging in an Islamic society, on the crown princes, asking: “Is there any derogatory information on either prince? Does either prince drink alcohol? Does either one use drugs?” Indeed, in October 2012, an NSA official identified as “DIRNSA,” or Director General Keith Alexander, proposed the following for countering Muslim radicals: “[Their] vulnerabilities, if exposed, would likely call into question a radicalizer’s devotion to the jihadist cause, leading to the degradation or loss of his authority.” The agency suggested that such vulnerabilities could include “viewing sexually explicit material online” or “using a portion of the donations they are receiving… to defray personal expenses.” The NSA document identified one potential target as a “respected academic” whose “vulnerabilities” are “online promiscuity.”
  • Just as the Internet has centralized communications, so it has moved most commercial sex into cyberspace. With an estimated 25 million salacious sites worldwide and a combined 10.6 billion page views per month in 2013 at the five top sex sites, online pornography has become a global business; by 2006, in fact, it generated $97 billion in revenue. With countless Internet viewers visiting porn sites and almost nobody admitting it, the NSA has easy access to the embarrassing habits of targets worldwide, whether Muslim militants or European leaders. According to James Bamford, author of two authoritative books on the agency, “The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to ‘neutralize’ their targets.”
  • Indeed, whistleblower Edward Snowden has accused the NSA of actually conducting such surveillance.  In a December 2013 letter to the Brazilian people, he wrote, “They even keep track of who is having an affair or looking at pornography, in case they need to damage their target's reputation.” If Snowden is right, then one key goal of NSA surveillance of world leaders is not U.S. national security but political blackmail -- as it has been since 1898. Such digital surveillance has tremendous potential for scandal, as anyone who remembers New York Governor Eliot Spitzer’s forced resignation in 2008 after routine phone taps revealed his use of escort services; or, to take another obvious example, the ouster of France’s budget minister Jérôme Cahuzac in 2013 following wire taps that exposed his secret Swiss bank account. As always, the source of political scandal remains sex or money, both of which the NSA can track with remarkable ease.
  • By starting a swelling river of NSA documents flowing into public view, Edward Snowden has given us a glimpse of the changing architecture of U.S. global power. At the broadest level, Obama’s digital “pivot” complements his overall defense strategy, announced in 2012, of reducing conventional forces while expanding into the new, cost-effective domains of space and cyberspace. While cutting back modestly on costly armaments and the size of the military, President Obama has invested billions in the building of a new architecture for global information control. If we add the $791 billion expended to build the Department of Homeland Security bureaucracy to the $500 billion spent on an increasingly para-militarized version of global intelligence in the dozen years since 9/11, then Washington has made a $1.2 trillion investment in a new apparatus of world power.
  • So formidable is this security bureaucracy that Obama’s recent executive review recommended the regularization, not reform, of current NSA practices, allowing the agency to continue collecting American phone calls and monitoring foreign leaders into the foreseeable future. Cyberspace offers Washington an austerity-linked arena for the exercise of global power, albeit at the cost of trust by its closest allies -- a contradiction that will bedevil America’s global leadership for years to come. To update Henry Stimson: in the age of the Internet, gentlemen don't just read each other’s mail, they watch each other’s porn. Even if we think we have nothing to hide, all of us, whether world leaders or ordinary citizens, have good reason to be concerned.
Gary Edwards

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

www.thedailybeast.com/...ll-change-the-gop-in-2012.html

Banksters Ron-Paul Libertarians Peter-Beinart

shared by Gary Edwards on 30 Dec 11 - No Cached
  • Gary Edwards on 30 Dec 11
     
    Not a big Peter Beinhart fan, but this article explains a large part of the Ron Paul phenom. After a life time as a big C Goldwater-Reagan Constitutional Conservative, this summer i made a full transition to big C Constitutional Libertarian. The tipping point for me was the GAO audit of the Federal Reserve, where they discovered $16.1 Trillion of taxpayer dollars missing from the Federal Reserve Bankster Cartel management books. It went to a who's who of international Bankster Cartel members. None of the taxpayer funded "financial collapse of 2008" bailout dollars went to the purposes chartered by their legislation. That includees the TARP $850 Billion, the Obama Stimulous $1 Trillion, and the mega FRBC $16.1 Trillion. No bad debts were purchased and retired. No rotting mortgage securities were swept up and restructured. No shovel ready jobs either. And no one in government or banksterism having caused the financial collapse went to jail. Instead, the perps feasted on the bailout dollars. The debt remains on the books of international Banksters, collecting interest, thirsting for foreclosure. The Bankster Cartel members are flush with cash, but not lending. By law (The Federal Reserve Act of December 23rd, 1913), FRBC members must keep a significant amount of their assets on "reserve" at the Federal Reserve, at 6% interest. In exchange for managing this process and the exploding money supply, the taxpayers of the USA are obligated by law to pay the FRBC 1% per year of (assets under management" (the money supply). Take note: the FRBC takes the 1% per year payment for their services in the form of GOLD!! They will not take payment in the form of paper notes labeled legal tender "Federal Reserve Notes". They only take GOLD. My transition to Constitutional Libertarian begins with a strct reading of the Constitution (the How), the Declaration of Independence, (the Why), and belief in the Rule of Law, not man. The concept of achievi
Gary Edwards

How Did A Single Unconstitutional Agency Become The Most Powerful Organization In America? - 2 views

www.businessinsider.com/ed-is-unconstitutional-2010-11

Abolish-the-Fed Federal-Reserve Jekyll-Island financial-collapse financial-oligarchs Ashvin-Pandurangi Banksters banksters

shared by Gary Edwards on 08 Nov 10 - No Cached
  • Gary Edwards on 08 Nov 10
     
    No other country had ever codified the structures and processes of their governing institutions to such an extent in one single document. Many people focus on the Bill of Rights when speaking about the Constitution, but the first four Articles are just as important. They synthesized political ideas that were developed over hundreds of years by some of the most insightful thinkers, such as separation of federal powers, checks and balances, vertical division of powers (federalism), an independent judiciary and, of course, representative democracy. The latter emphasizes the notion that any policies enacted by the federal government must be authorized by the people, through their elected representatives who are held accountable to constituents every few years. So what's the state of our Constitutional democracy today? Simple, it doesn't exist. International corruption surveys typically rank the U.S. higher (less corrupt) than most other countries, but this simply proves how bad these surveys are at capturing the essence of real, hardcore corruption. We could write stacks of books on the prevalence of money in politics and the swarms of lobbyists who descend on Washington every single week, and many people have, but it's simpler to just focus on the most egregious example of corruption. The most powerful, influential economic policy-making institution in the country, the Federal Reserve ("Fed"), is an unelected body that is completely unaccountable to the people. Well, let's back up and start with the fact that this institution's very existence is most likely unconstitutional. Here's why: Article I, Section 8 of the Constitution states that Congress has the power to "coin money" and "regulate the value thereof". The Supreme Court has long held that Congress can delegate its legislative powers to Executive agencies as long as it provides an "intelligible principle" to guide the agencies' acti
Gary Edwards

The Business Offensive: A Symmetrical Ruling Class - 0 views

www.counterpunch.org/...ive-a-symmetrical-ruling-class

Ruling-Class American-Oligarchy Corporate-Oligarchs Corporate-Facsists

shared by Gary Edwards on 05 Nov 15 - No Cached
  • Since the close of World War II, America has sought an integrated policy as the militarization of capitalism
  • In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government.
  • the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State.
  • ...16 more annotations...
  • Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status.
  • Here government was crucial to harmonious internal structural arrangements, anticompetitive in its policies for the promotion of monopolism sector-by-sector including banking (the House of Morgan, whose offshoots firmed up the organization of railroads and manufacturing) as the means to systemic consolidation—an end to internecine competition—which was achieved in the early 20th century under Theodore Roosevelt and Woodrow Wilson (themselves the Janus-faced construct of the Battleship Navy and supposed liberal internationalism) setting the stage for the present era.
  • In practice, we see the interpenetration of business and government as the integration of monopoly capitalism in its own right.
  • By the late 1940s one can say that the military remained a junior partner of a synthesized ruling group or class, given the overwhelming thrust of business and its ascendant banking wing in defining American capitalism.
  • American capitalism could no longer go it alone, the military increasingly supplying the muscle for continued expansion and profitability. Korea and Vietnam were important chapters in the reshaping of a capitalist polity, with numerous interventions beyond mention the underpinning for a coalescent framework of elites, all making for a structural process of shaking down to the bare essentials the capitalist and military components in search of equilibrium. For otherwise, America feared its decline and would do anything to prevent.
  • Granted, it is hard to conceive of capitalism as a perpetual war machine, especially in America, which labors under the fiction of being, or if it ever was, then remaining, a democracy.
  • But there it is, an arms budget dwarfing all else, military bases strategically gathered worldwide, death squads euphemistically termed Special Ops, presidential-directed drone assassinations, the list goes on—so much so that one almost forgets capitalism is centrally about business and profits, not murder and mayhem.
  • the Great Capitalist Synthesis
  • an accomplice to the more successful militarization of capitalism by holding its own as an integral part in the relationship. In sum, the desideratum of business as usual, as in fleecing the consumer and jeopardizing his/her safety, destroying the environment, and best of all, removing itself from the constitutional foundations of the rule of law.
  • Corporations and banks have become a law unto themselves, with all the organs of government stretching from the Executive, Congress, the Supreme Court, to myriad regulatory agencies some unbeknownst to the public, sitting as a chorus of admiring voices egging them on.
  • Corporate Rescindment of Legal Rights: Business Power Run Amuck,
  • Class-action law suits, frequently the only feasible action of the poor for seeking redress of grievances against the giant corporations, are all but prohibited, replaced in contracts by compulsory-arbitration clauses, intended in the first place to kill class actions, which compel the individual standing alone to face insurmountable odds in a process by which the corporation names the arbitrator, keeps the proceedings secret, and determines the rules of procedure.
  • Civil courts are thrown to the winds.
  • It is as though capitalism, in this one seemingly minor area touching primarily the normalization of everyday relationships, has gone on the offensive, not of course to re-establish its relation to the military, but specifically and directly to exercise its domination over the people.
  • The now-and-future business polity is the fulfillment of the fascist dream, an authoritarian power structure of corporate consolidation supported through governmental suppression of dissent at home and an aggressively waged foreign policy to capture world markets.
  • The small print of the contracts one signs, whether for car rentals or nursing homes, and thousands of transactions in between, emboldens capitalism to go its solipsistic way, to the destruction of freedom, the planet, and human dignity.
  • Gary Edwards on 05 Nov 15
     
    "Since the close of World War II, America has sought an integrated policy as the militarization of capitalism. In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government. The result was never an intracompetitive mold because each needed and recognized the value of the other, but still there were periods of imbalance in their respective surges of governmental policy-emphasis. American capitalism had become a functional duopoly (C. Wright Mills' Power Elite was a good popular discussion of this general structure at an earlier point in our capitalist-development trajectory after the war), the Cold War itself providing a cover for the US globalization of Power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State. There is nothing actually new here about the American historical pattern, except of course the more explicit and pronounced role to be assigned the military in the stabilization and expansion of American capitalism. The military was never at any point following the Civil War a negligible input in synthesizing the materials for an operational ruling class, but essentially, as in the late-19th century policy of the Open Door, business was sufficiently confident of its own Power (the "imperialism of free trade") to carry forward the process of expansion largely on its own. Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for Power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status."
Gary Edwards

Hating the Establishment Is Not the Same as Supporting Liberty | Foundation for Economic Education - 1 views

fee.org/...the-same-as-supporting-liberty

Banksters The-Establishment Jeffrey-A-Tucker

shared by Gary Edwards on 31 Jan 16 - No Cached
  • You might point to the American Revolution as a contrary case. We tossed out the British monarchy and invented freedom! But think again. The war itself created a new establishment consisting of politicians, military generals, bond dealers, and influential landholders.
  • Twelve years after the Declaration of Independence, these groups got together and formed a new government that, in time, became as oppressive and restrictive — and in some ways, more so — as the one the revolutionaries overthrew. And this occurred despite the existence of classical liberal political norms and intellectual culture.
  • He has said nothing about dismantling power.
  • ...9 more annotations...
  • Indeed, he is on record with his desire to radically expand the power of the state.
  • He wants surveillance, controls on the internet, religious tests for migration, war-like tariffs, industrial planning, and autocratic foreign-policy power. He’s praised police power and toyed with ideas such as internment and killings of political enemies. His entire governing philosophy boils down to arbitrary, free-wheeling authoritarianism.
  • As for Sanders, everything that is bad about the current establishment he promises to make worse with more programs, bureaucracy, taxes, controls, and government power in order to making life fair, just, and equitable. He speaks as if he’s never heard of the failed history of socialism and certainly hasn’t learned anything from it.
  • The ideal is liberty, not the overthrow of existing elite structures as such.
  • They resist rampant populism that would lead to a pillaging of the nation that is serving them so well.
  • To understand Machiavelli, realize that his black beast was the cleric Savonarola, Florence’s quasi-dictator who led a mass movement of crazed pietists who pillaged and burned material possessions as a pathway to heaven. The Bonfire of the Vanities of 1487 was one result. This is exactly the kind of mania that establishments exist to keep at bay.
  • The main payout is the control of the state apparatus that outlives the establishment’s overthrow. It makes sense that the results will tend to be more ruthless, vengeful, and bloody than anything that came before.
  • Establishments are as Machiavelli described: stable machines that keep competitors at bay but otherwise seek to make the system work for themselves.
  • The goal should be the tearing down of power itself and its replacement by simple human rights and a society that functions according to civilized standards.
  • Gary Edwards on 31 Jan 16
     
    "But there's a problem. The state power we oppose is not identical to the establishment we reject. You can overthrow the establishment and still be left with a gigantic machinery of legalized exploitation. All the agencies, laws, regulations, and powers are still in place. And now you have a problem: someone else is in charge of the state itself. You might call it a new establishment. It could be even more wicked than the one you swept away. Indeed, it usually is. Maybe always. Anatomy of the Establishment What is an establishment? It is a network of large and cooperating interest groups that have developed a stable relationship with state power. It includes finance, organized labor, public bureaucrats, government contractors, big businesses with quid pro quo relationships with regulators and politicians, political families with a strong stake in the election process, intellectuals at state-friendly think tanks and universities, and so on."
Paul Merrell

DOJ's Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL | Just Security - 0 views

www.justsecurity.org/...-challenging-legality-war-isil

war & peace Smith_v._Obama war-powers-resolution Iraq Syria litigation

shared by Paul Merrell on 15 Jul 16 - No Cached
  • As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President, seeking a declaration that Congress has not authorized the hostilities in Iraq and Syria and that therefore the War Powers Resolution requires the President to remove U.S. forces from hostilities in those nations. On Tuesday, the Department of Justice filed a motion to dismiss the case. Its brief in support of the motion includes one argument that I think is correct (albeit not for all the reasons the government offers) — namely, that Smith lacks standing to sue. That ought to be sufficient to have the case dismissed. The brief also includes an argument on the merits (albeit not designated as such) that is very interesting and potentially important — an account of how Congress has allegedly authorized Inherent Resolve in three ways: (i) in the 2001 AUMF; (ii) in the 2002 AUMF; and (iii) in current appropriations statutes. The heart of the brief, however, is devoted to a third argument — that Judge Koller-Kotelly must dismiss the case on the basis of the political question doctrine — that is not only wrong, but that simply ignores the Supreme Court’s recent (and repeated) repudiation of that very argument.
  • On page 39 of its 45-page brief, the government finally gets around to the reason why the court should dismiss the complaint: Smith lacks standing. Importantly, Smith’s theory of standing is not that he — an Army captain deployed to perform intelligence services in Kuwait — is more likely to be injured or killed by virtue of the President’s decision to deploy troops into hostilities in Iraq and Syria. It is, instead, that the President’s alleged failure to comply with the War Powers Act results in Captain Smith’s own violation of his officer’s oath to “support and defend” the Constitution “against all enemies, foreign and domestic,” and to “bear true faith and allegiance” to the Constitution.
  • The government’s standing argument begins (p. 35) by suggesting that “[p]laintiff’s claim that he is being forced to betray his oath is insufficient to establish standing because the violation of an oath, by itself, is not an injury in fact.” The cases the government cites for that proposition, however, do not say that a forced oath violation would not be an injury in fact — and that’s not a question the judge needs to resolve. What the cases establish, instead, is the point the government finally argues at page 39 — namely, that a government officer does not violate his oath by complying with superiors’ orders, even if it turns out that the law prohibits the military operation in which those orders are issued. Indeed, Smith would not violate his oath of office even if his superiors’ orders themselves were unauthorized, or if the intelligence activities he is ordered to performed were unauthorized. But he does not allege even those things (as I discuss below, he does not, for instance, alleged that he is being ordered to do anything unlawful). Instead, he merely argues that because President Obama should have withdrawn troops from Syria and Iraq 60 days after their deployment, Smith himself is violating his oath to “bear true faith and allegiance to the Constitution.” This is a non sequitur: Even if Smith is right that the continuation of Operation Inherent Resolve is unlawful, that would not mean that he is acting in violation of his oath. (Much more on this in my earlier post.) And that simple fact is reason enough for Judge Koller-Kotelly to dismiss the case.
  • ...8 more annotations...
  • One of Smith’s counsel, Professor Bruce Ackerman, argues that this reason for rejecting the oath-based theory of standing ignores the Supreme Court’s 1804 decision in Little v. Barreme. Little, however, is not on point. In that case, Navy Captain Little was sued by the owners of a Danish ship for damages caused when Little seized that neutral ship. The Court held that Little could be liable, notwithstanding the fact that he was following orders, because the capture violated a implicit statutory prohibition on the military’s seizure of ships sailing from France to the United States. In this case, however, Captain Smith has not argued — nor could he — that he has been ordered to do anything unlawful (in violation of a statute), let alone that he has been ordered to do something that would subject him to possible liability for damages. He is, instead, arguing that President Obama violated a statute. That is not enough to establish Smith’s standing to sue.
  • The government’s main argument, to which it devotes far too many pages, is that the judge must dismiss the case because it raises a “political question” that courts cannot answer. This is flatly wrong — and it ignores several controlling precedents, including the Supreme Court’s recent 8-1 rejection of virtually the same government argument in Zivotofsky v. Clinton.
  • The most interesting thing about the government’s brief — and by far the most important aspect of it, for public purposes apart from the lawsuit itself — is that, in the section ostensibly arguing that the case is nonjusticiable (see pp. 25-30, and also pp. 4-14), DOJ actually offers the Executive branch’s most detailed defense yet about why Operation Inherent Resolve is congressionally authorized. As some of us predicted, the government relies on three arguable authorizations, any one of which would be sufficient to defeat Smith’s WPR claim if the courts were to reach the merits. In this post I’m not going to assess the merits of the three arguments. For now, my purpose is only to describe them, and to raise one issue with respect to the third. i. First, the government argues that the 2001 AUMF authorizes the operation against ISIL.
  • Second, the government argues that the 2002 AUMF also authorizes Operation Inherent Resolve, just as it authorized operations in Iraq against AQI (which became ISIL) from 2003 to 2011, after the Hussain regime fell.
  • Finally, and most interestingly (in part because the government has not previously made this argument), DOJ argues that a recent “unbroken stream” of appropriations statutes not only confirm the authorities allegedly conferred by the 2001 and 2002 AUMFs, but also offer their own, independent congressional authorization.
  • Two things are fairly clear from this: The members of Congress approve of Operation Inherent Resolve — indeed, there’s virtually no opposition. And Congress has (most likely) appropriated funds to pay for it. The operative question, however, is whether Congress’s appropriations also serve as an authorization that would supersede the requirement of WPR section 5(b). The government brief alludes to one important argument that the plaintiff will undoubtedly raise: Section 8(a)(1) of the WPR provides that, for purposes of tolling the 60-day clock of section 5(b), “[a]uthority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred (1) from any provision of law . . . including any provision contained in any appropriations Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter.” Obviously, the 2016 Act does not satisfy that requirement. Is that fatal to the appropriations-as-authorization argument?
  • As the Office of Legal Counsel 50 U.S.C. 1542 and 1543). These provisions might be read simply to convey that the executive must continue to comply with the consultation and reporting requirements of WPR sections 3 and 4, even after the 2016 Act authorizes the introduction of troops into hostilities in Iraq and Syria. Or they might alternatively be construed to also specify that the Act is not providing the authority that section 5(b) of the WPR calls for.
  • Not surprisingly, DOJ argues for the former view (pp. 27-28 of the brief): “[I]n the few provisions in which Congress did reference the War Powers Resolution, to clarify that no funds made available for Operation Inherent Resolve are to be used ‘in contravention’ of the Resolution, Congress signaled its agreement that the President’s counter-ISIL military actions were authorized by simultaneously funding Operation Inherent Resolve. If Congress believed that the United States had been conducting airstrikes and other counter-ISIL military activities ‘in contravention of the War Powers Resolution,’ it would have made no sense for Congress to use the ‘in contravention’ proviso in the same laws that make funds available for the express purpose of continuing those military activities.” That’s not a bad argument, at least at first glance; but it’s not a slam-dunk, either, in part because appropriations provisions do not necessarily establish authorizations. It’ll be interesting to see how Captain Smith’s lawyers respond to this particular aspect of the merits argument. I doubt Judge Koller-Kotelly will reach it, however, because she is likely to dismiss the case for want of standing.
  • Paul Merrell on 15 Jul 16
     
    I've read the brief. I don't think the implied partial repeal of the War Powers Resolution argument should fly. The relevant provision establishes a rule of interpretation of later statutes and the appropriations bills neither reject the rule of interpretation nor specifically provide authorization for use of military force. They just authorize funding. On the standing issue, I think the DoJ position is correct; the oath of office applies only to senior officers who make the decision to initiate a war. But DoJ may have opened the door to a more compelling standing argument by arguing that the war does not constitute a war crime, a crime against peace, or a crime against humanity under international law. DoJ did not need to make that argument because Smith had not alleged in his complaint that he was being ordered to commit such crimes, but by doing so DoJ waives any argument that such issues are beyond the scope of Smith's standing and the evidence that the Iraq and Syrian wars are illegal under international law is, to say the least, strong.
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