Showing posts with label U.S. Constitution. Show all posts
Showing posts with label U.S. Constitution. Show all posts

Sunday, January 13, 2013

On Liberty: More Relevant Than Ever

by Len Hart, The Existentialist Cowboy

John Stuart Mill's classic essay "On Liberty" deals with the issue of "civil liberties" not the metaphysical issue of "free will". In context, it would appear that most attacks on civil liberties originate from within the right wing and, more specifically, tyrannical police states and/or aristocratic rule. Mill addresses threats against liberty from within the institutions of democracy. The issue is especially relevant when widespread domestic wiretapping and Government ordered surveillance violates the Fourth Amendment to the U.S. Constitution.

Early 'libertarians' sought to limit the power 'rulers' over those governed. While many believed that rule by a popularly elected government addressed the issue, Mill, however, identified a need to limit the power of elected governments and officials as well. In 'On Liberty', Mill raises basic issues: "who should rule?" What are the limits of government power"? How may the people establish limits on the power that government may exercise over minorities and individuals? His work is more relevant now than ever.

Mill argues that, as an ideal, "government of the people" is often not the case in fact. Those asserting the power of the government -elected officials, bureaucrats, the judiciary -often develop their own interests, influenced as they often are by 'constituencies' at odds with the general interests of 'the people' and, in particular, the legitimate interests of individuals.

Mill makes no distinction between a tyranny of one and a tyranny of many. A tyrannical majority running roughshod over the rights of individuals and minorities is no less a tyrant simply because it is a majority or because it is elected, or because it is elected by a majority.

Mill believed that while society may not tolerate criminal behavior, for example, society may not legitimately interfere with or suppress non-conforming behaviors indiscriminately or simply because a majority may not approve. What then are the powers that society may legitimately exercise over the individual? Mill answers:
"The only purpose for which power can be rightly exercised over any member of a civilized community, against his will, is to prevent harm to others."

-J.S. Mill, On Liberty
James Madison -called the "Father of the Constitution" -may have anticipated Mill's ideas in his draft of the Bill of Rights --the first ten amendments to the Constitution. Implicit in the Bill of Rights is the recognition that the power of the state must be limited! A majority --unchecked --is frequently a blunt instrument capable of oppressing and repressing the rights of individuals and minority groups alike. The Bill of Rights addresses this issue by guaranteeing "due process of law", limiting state power over individuals and groups, guaranteeing that groups and individuals may speak freely, worship freely.

The Fourth Amendment specifically is a promise that our government made to us in its very founding:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

---Fourth Amendment, Bill of Rights, U.S. Constitution
Let's make something abundantly clear: there are no "inherent powers", "implicit authorizations" that would, in any way, overturn, limit, or repeal the Fourth Amendment. Some politicians, perhaps many, are wrong about that; some may have deliberately lied. Moreover, Congress may not overrule the Fourth Amendment with statutory law. Constitutional Law is supreme and provisions in the Bill of Right are valid until amended as stated in the Constitution itself. Widespread domestic surveillance is illegal whatever may be done by Congress ex post facto. Until the Constitution is amended, such warrantless surveillance will remain illegal. At last, ex post facto laws, themselves, are expressly forbidden by the Constitution.

Mill is all the more remarkable for his insight into issues that remain contemporary. In every literate criticism of "special interest groups", PAC's, the gun lobby, the tobacco lobby, the Military/Industrial Complex, one sees the lasting influence of John Mill.

On Liberty is essential reading for anyone interested in law, the principles of government, political science, political philosophy, indeed, freedom itself. It is also essential reading for anyone interested in learning about the intellectual underpinnings of Anglo-American civil liberties.

Thursday, August 23, 2012

Right Wing Attacks on the Separation of Church and State

by Len Hart, the Existentialist Cowboy

When he was still indulging visions of the White House, the right wing's snot-nosed ideologue --Rick Santorum --was stirring up fears and spreading distortions about the First Amendment. Wing nuts have done this before. Fear mongering, they believe, rallies an increasingly radical religious fringe. The word for it is demagoguery. Rick Santorum, for example, has said that the separation of church and state is NOT absolute. I beg to differ and so would have Thomas Jefferson who described a WALL OF SEPERATION between Chruch and State. And I will venture that Jefferson was in a better position to know what he was talking about and that Jeffeson was infinitely more intelligent than Rick Santorum.

The following is the text of the letter that Thomas Jefferson wrote to the Danbury Baptist Association in the State of Connecticut, assembled October 7, 1801.
To messers. Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut. Gentlemen

The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. My duties dictate a faithful and zealous pursuit of the interests of my constituents, & in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

I reciprocate your kind prayers for the protection & blessing of the common father and creator of man, and tender you for yourselves & your religious association, assurances of my high respect & esteem.

Th JeffersonJan. 1. 1802.
ADDENDUM: Rick Santorum is of an authoritarian mentality that asserts a 'right' to believe claptrap i.e, 'intelligent design' and at the same time DENY you the right to believe the truth about modern theories of evolution even as they themselves lie about them or raise strawman fallacies. At the same time, they label both facts and theories --'Darwinian' --as if 'Darwinian' were a bad word. It's NOT!

Tragically --the right wing has a mental 'blind spot'. The 'right' is INCAPABLE of applying to themselves objective rules of logic and evidence. While most intelligent people today are comfortable with the fact that the 'laws of physics' apply everywhere in the universe and are discovered, described ONLY by observation and empirical methods, the 'right wing' inclined live in a pluralistic universe and never consider for a moment that their thought processes are, in fact, reversed.

Intelligent 'folk' will follow a premise logically to a conclusion. The right wing --rather --ASSUMES the truth of an ideology, a prejudice, a mentally impaired rationalization --and accept ONLY those conclusions which conform to the prejudice. The 'open mind' is anathema to them if not completely unheard of in their circles. By any definition, the American right wing is a 'kooky cult'!

Thursday, April 19, 2012

How the Government Created a U.S. Police State

by Len Hart, The Existentialist Cowboy

It was in January, 2002 that the UN Committee Against Torture condemned the treatment of prisoners held at Abu Ghraib by noting that 'indefinite detention' was a violation of the UN Convention against torture! Even worse for the U.S. is the threat that is likewise posed against citizens.  In short, if the government or the President should merely 'deem' you to be a terrorist, you can be dropped into a hole and never seen or heard from again! This continues to be a threat to all Americans of every stripe and income bracket, of every political persuasion left or right should it run afoul of 'powers that be'! The word for this is: tyranny!

The detention sections of the NDAA affirm "...the authority of the President under the AUMF, a joint resolution passed in the immediate aftermath of the September 11, 2001 attacks, includes the power to detain any person "...who was part of or [who] substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners". Anyone so targeted may be held indefinitely "without trial, until the end of the hostilities authorized by the [AUMF]". Of course, there is no 'end of hostilities' in an Orwellian perpetual war.

The Sixth Amendment is violated when U.S. Citizens are alllowed to be detained (locked up) indefinitely at any place in the U.S. or abroad if you are merely 'deemed' to be a terrorist! 'Probable cause' is no longer required; you may be locked up if you look funny or Arab! You may be locked up if you are merely 'deemed' to be a terrorist! There is no 'burden of proof' nor is there any requirement that the government produce 'probable cause' that you have committed a crime of any sort! American citizens may be stripped of all rights if he/she is but 'declared' or 'deemed' to be a 'terrorist', however baseless that declaration may be! Those unfortunate targets of this dictatorial, draconian, tyrannical, anti-democratic measure are subject to being snatched, dropped into an Abu Ghraib type hell-hole or --worse --a Texas gulag and never seen or heard from again!

This is a violation of the Fourth Amendment which reads:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
These measures are all gross and egregious violations of the 14th amendment prohibiting the federal government, the various states and local governments from depriving persons of life, liberty, or property in violation of DUE PROCESS OF LAW, established previously in the 4th Amendment!

This clause makes 'protections' stated clearly and unambiguously in the Bill of Rights applicable to the states. In other words, even states are subject to the SUPREME LAW OF THE LAND --the Constitution! These draconian measures are not merely illegal but treasonous and those supporting them are traitors to the U.S. Constitution, the Bill of Rights and to the people of these United States which are 'sovereign' whether the polticians and lobbyists in Washington recognize that fact or not!