Friends and Enemies of the Constitution
There is a simple dignity in Constitutional perceptions. Hundreds of millions of Americans and out-landers engage in those perceptions. Tyrants throughout history have had to re-learn that there's nothing more lethal than simple dignity violated. In his insanity, Hitler rode the lethality of simple dignity violated all the way to his nation's Götterdämmerung. How insane is Bush? How insane will his appointed and Diebold-certified political descendants be? What are we buying into? Friends of the Constitution US District Judges Victor Marrero of New York and Ann Aiken of Oregon, are two friends of the Constitution. They've recently struck down as unconstitutional provisions of the Patriot Act.
On 06 September 2007, Judge Marrero ruled that the FBI's use of the infamous "National Security Letters" violates 1st Amendment rights (primarily because of the secrecy involved) and the separation of powers (by giving judical functions to the FBI, an executive-branch agency).
Those are blatant violations of the Constitution. What the hell was Congress thinking? That no one would notice?
And it's not like Congress blundered into those blatant violations accidently. This is the second ruling Judge Marrero has issued, finding NSL use unconstitutional. The two rulings are very similar, as are the provisions struck down.
The first ruling was in 2004, in Doe v Gonzales. The judge's ruling was appealed to the 2nd Circuit by the mostly-criminal DOJ, who wouldn't know a blatant Constitutional violation from a baseball bat swat to the mouth. Refusing to take the judge's chastising lying down, our criminal Congress swept in behind the 2004 ruling, tweaking the NSL unconstitutionalities. The 2nd Circuit Court of Appeals ordered Judge Marrero to review Congress' re-work for constitutionality.
Second review. Second slap-down.
On 26 September 2007, Judge Aiken ruled on Mayfield v. USA. She found that sections 1804 and 1823 of the FISA (amendments installed by the Patriot Act) violated the Fourth Amendment's probable cause requirement and its guarantees against unreasonable searches and seizures.
The judge affirmed that no part of the Bill of Rights can be suspended for the convenience of the national government -- no mattter what Usurper Bush or any other part of the 3-branch fascist despotism says, including especially Congress.
Judge Aiken, along with millions of Americans, did not like the Patriot Act's blurring of foreign intelligence-gathering with criminal investigations of US citizens. She observed, "Now, for the first time in our Nation's history, the government can conduct surveillance to gather evidence for use in a criminal case without a traditional warrant, as long as it presents a non-reviewable assertion that it also has a significant interest in the targeted person for foreign intelligence purposes".
Well -- not after Judge Aiken wrapped up her ruling. She branded the two Patriot Act contributions to Bush-brand, Congressional-driven totalitarianism as unconstitutional. Their use is now forever banned.
Well -- until the fascist despotism can get her ruling into the hands of the SCOTUS thugs.
It's just a matter of time. We've had nearly seven years to see that the anti-Constitutional pushers of Bush-brand fascist power rule here, not friends of the Constitution.
Implications for the Protect America Act
Judge Aiken's ruling is huge. It reaches beyond the Patriot Act's gutting of FISA and slaps down both the warrantless wiretapping of the Protect America Act and Congress' passing of the PAA. Clearly, warrantless wiretapping violates the Fourth Amendment's probable cause requirement and its guarantees against unreasonable searches and seizures -- just as does the Patriot Act's end-run around FISA judicial oversight.
These are blatant unconstitutionalities -- on a par with the 2006 MCA's ex post facto immunity for torturerers. What the hell were the Congressional bozos thinking? That no one would notice?
Outing The Constitutional Criminals
Where do we find the ethical morons for Congress? Well sure, there are the zero-conscience psychopathic personalities promoted by elites since WW2 throughout business, government, the military, and the political parties. (See Hervey Milton Cleckley's book, The Mask of Sanity, the essential analysis of the well-masked psychopath, who doesn't give a tinker's damn how much he/she hurts you.)
Why don't we make moves to unhinge our criminal Congress from its many corruption machines? Hey. It can be done. We the people are the sovereign here.
All we have to do is to put reality above our belief-systems-controlled cognative dissonance, chew our way out of our socially engineered cocoons, find common ground across the hundred or so divisive issues socially engineered by the predator elites to keep us divided among ourselves -- so that we don't mess with them -- and then learn how to fight outside the box of our pure representative government, because the predators have everything inside the box, from Diebold elections to demonstrations, to anti-Constitutional governance, under control.
See? No problem.
There are unconstitutional laws on our books that date far into our past, giving the corruption machines life. See the 1913 origins of the treasonous Federal Reserve and its money pump for its private owners, the anti-Constitutional personal income tax. See especially, Aaron Russo's 2006 film on those origins, "America--Freedom To Fascism"
Why do we tolerate the continued unconstitutional use and the cover given to such hoary anti-law regimes masquerading as laws? Why do we tolerate their coverup, whitewash, and stonewalling by the fascist thugs of the federal bench? Well, sure there's our societial-wide anti-intellectualism, historical ignorance, and near-zero political sophistication.
(For candid remarks by Constitutional enemy US District Judge James Fox on anti-Constitutional law, see the section, "Reverse Propaganda--16th Amendment" in the essay, "Russo's 'Freedom To Fascism' ".)
Enemies of the Constitution
If you participated in the Bush usurpation of the presidency, then you are an enemy of the Constitution. That felony conspiracy usurpation, begun by five of the SCOTUS judges in the 12 December 1999 ruling in Bush v Gore, violated 18 USC 241 by violating the rights of all Americans to have a president elected in accord with the Constitution. That felony conspiracy includes, at a minimum, then-president Clinton and his DOJ hierarchy, as well as GW Bush, Dick Cheney, and their DOJ hierarchy. Felony forfeits all immunities. All of the co-conspirators are felons-in-waiting. We need to criminally prosecute, convict, and imprison all of them. Their only proper place is in federal prison.
The only proper thing to do with the Bush Usurpation is to rule all of its actions taken under color of law as null and void -- from 20 January 2000 to date. It's an ancient constitutional principle that usurpations are null and void from inception, regardless of when the usurpation becomes legally recognized.
Null and void findings, of course, do not obliterate criminal acts. The 3-branch felony conspiracy to violate the rights of our soldiers -- the right to be sent to war only at the expressed order of Congress -- means that every soldier's death in Iraq is a felony murder, per 18 USC 241. (See especially, "Criminal Conspiracy and the Laws of War--Iraq".)
The penalties given in 18 USC 241 for a death due to a rights violation conspiracy include life imprisonment or death. The penalties define the death as felony murder. There's no statute of limitations on felony murder.
This felony conspiracy begins with the 373 members and senators in Congress who voted to give Bush his very own war powers, violating the Constitution's separation of powers and the 1935 SCOTUS decision in Schechter Poultry, 295 US 495. The number of co-conspirators goes up from there.
A long period of null and void, pseudo-lawmaking has happened before. In ancient Rome, Pompey defeated Sulla in a civil war and then, with help from the Senate, ripped a decade of Sulla's despotic, anti-republic laws out of the Roman legal fabric, returning Rome to the republic that it had been for nearly 400 years.
If the American people can learn how to fight their fascist government, the null and void ruling will be a natural. Then the criminal prosecutions for the catalog of felony conspiracy rights violations can proceed. Then the ripping out of anti-Constitutional Bush law, and law benefiting only the superrich and their corporate predators, can proceed.
An all-too-large number of federal judges are enemies of the Constitution. Presidential usurper Bush is an enemy of the Constitution, as are most members of his Regime. Every neocon on the planet is an enemy of the Constitution. The vast majority of elected office holders in Congress are enemies of the Constitution. Many, perhaps most, of the state legislators are enemies of the Constitution. And the vast majority, perhaps all, of the Business Roundtable CEOs are enemies of the Constitution.
Learning How to Fight
Clearly, we cannot go on giving away our responsibility for political matters to lying politicians. Well -- we can, but then they'll have to kill us.
We can't fight corrupt and criminal government by electing some few better representatives. The corruption machines inside the box are too strong and will overwhelm any few newbies.
We can't fight corrupt and criminal government with demonstrations, even if we run in a million-person march every week. The power realities and zero accountability of our fascist despotism are, as in Hitler's day, far too strong to bend to public opinion.
We need to get outside the box of pure representative government. We need massive, crippling boycotts of the worst corporations. We need a nationally organized system of jury nullification to keep state and federal judges from making up the law as they go along -- favoring money-power. We need to instill The Fear in all elected and appointed office holders by reducing state legislatures from partisan bicamerals to non-partisan unicamerals, on the still-successful 1934 Nebraska model.
In addition to Nebraska, there are seventeen other states in which citizens have the constitutional amendment initiative petition process. The CAI is citizen power that's able to reduce bicameral legislatures to unicamerals. (See especially, "History of the Nebraska Unicameral", on the Unicameral's site.)
(1) All legislators are fired, in preparation for the nonpartisan elections that will vote in about one-third the number for the unicameral. If the citizens of ten states go to nonpartisan unicamerals, it will mean that about 1500 to 2500 politicians will be outside looking in, with only about 500 to 850 new jobs to be filled. (2) The smaller number of legislators means astounding cost savings combined with more efficient lawmaking. (3) No conference committee to "compromise" between House and Senate requirements behind closed doors means sharply reduced corruption. (4) No omnibus bills -- instead, bills having only a single, votable topic -- mean easy decisions for the civil society whether to veto the Unicameral's bill with a citizen referendum. (5) Constitutionally defined state senatorial districts and equal numbers of reps across the districts -- to keep small districts safe from large districts -- means zero gerrymandering for Congressional purposes. (6) Clean-money requirements for the nonpartisan elections will mean that corporations and the superrich have sharply reduced corruption leverage.
As the Nebraska experience has shown, the nonpartisan unicameral is a winner for civil society.
As a political fight tactic, reduction of the corrupt partisan bicamerals will instill The Fear in all corrupt politicians. They will understand that we are coming for them, one way or another.
Because of the citizen lawmaking that exists in all CAI states, the people can be the unicameral legislature's second house when needed -- speaking for themselves, instead of being spoken for by charlatans and liars.
We need to reform the details of our national governance and alter the Constitution in significant ways. We need to make members of all three branches much more accountable for their malfeasance, misfeasance, and nonfeasance. We need to take away their dual-system politics -- the out-front, busy facade of fictions backed by divisive policies and behind-the-scenes criminalities. (See especially Michael Parenti's book, Democracy For The Few, the paradigm analysis of our predator-run, dual-mode politics.)
The Constitution needs serious changes and improvements, but there's no doubt that we need to keep it.
The chief reason for keeping the Constitution is that it contains, uniquely defines, and promises improvements for over two centuries of American rights, freedoms, and liberties. Those have been hard-won against the predator elites. We must not give them up.
Perceptions of the Constitution-as-container -- and its rights, freedoms, and liberties contents -- is one of the major reasons that our combat veterans have sacrificed themselves for over two hundred years. Ultimately, perceptions of that container and its contents -- and the promise of improvements over time -- have held us together as a nation for these two-plus centuries.
There is a simple dignity in Constitutional perceptions. Hundreds of millions engage in those perceptions. And, as tyrants and fascists through history have discovered, there is nothing more lethal than simple dignity violated.
Bush and his three-branch fascist despotism are way deep into greed. The violations of the simple dignity of the Constitutional perceptions of Americans are stacking up like Iraq war body bags.
In his insanity, Hitler rode the lethality of simple dignity all the way to his nation's Götterdämmerung. How insane is Bush? How insane will his Diebold-certified political descendants be? What are we buying into by letting this 3-branch fascist despotism survive?
Slow to anger, a people's simple dignity finds a way. When the way is found by and for American dignity, enemies of the Constitution will perish, figuratively and literally.
Modified Wed 03 Oct 2007, at 2:05pm CDT
© 2007 by Stephen Neitzke