Sunday, June 15, 2014

surveillance society

Trevor Paglen, Artist/Photographer

"I think mass surveillance is a bad idea because a surveillance society is one in which people understand that they are constantly monitored," Paglen says, "and when people understand that they are constantly monitored they are more conformist, they are less willing to take up controversial positions, and that kind of mass conformity is incompatible with democracy.

"The second reason is that mass surveillance creates a dramatic power imbalance between citizens and government. In a democracy the citizens are supposed to have all the power and the government is supposed to be the means by which the citizens exercise that power. But when you have a surveillance state, the state has all the power and citizens have very little. In a democratic society you should have a state with maximum transparency and maximum civil liberties for citizens. But in a surveillance state the exact opposite is true."

"Secrecy," Paglen says, "is a way of doing things, of trying to organise human activities, and it has political, economic, legal, cultural aspects. It is a way of trying to do things whose goal is invisibility, silence, obscurity."

http://www.paglen.com


Saturday, June 14, 2014

Texas Nation

WHEREAS, The Republic of Texas existed as an independent nation for nine years, and when it accepted admission to the Union in 1845, it remained a free and independent state subject only to the United States Constitution; and

WHEREAS, The United States Congress has passed laws requiring Texas to make expenditures that are unfunded by the federal government, which is a violation of the Tenth Amendment to the U.S. Constitution; moreover, the federal government has caused the intentional devaluation of its currency through its reckless spending and borrowing, and this threatens the economic stability of Texas; and

WHEREAS, The United States government has allowed the use of its authority, credit, and goodwill for the benefit of private and foreign concerns in violation of its own constitution; in addition, its repeated failure to guard the border between Texas and Mexico has forced the state to spend vast sums in order to protect its citizens; and WHEREAS, The federal government has further implemented thousands of laws, mandates, and agencies in violation of the United States Constitution and of the sovereignty of the State of Texas; and

WHEREAS, Section 1, Article I, Texas Constitution, states that "the perpetuity of the Union depend[s] upon the preservation of the right of local self-government, unimpaired to all the States"; Section 2, Article I, declares, "All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient"; now,

THEREFORE BE IT RESOLVED, that we urge the state of Texas to hold a plebiscite asking the people of Texas to decide on whether or not the State of Texas should reassert its status as an independent nation.





































































Monday, June 9, 2014

Thought Crime

The Justice Department is resurrecting a program designed to thwart domestic threats to the United States, and Attorney General Eric Holder says those threats include individuals the government deems anti-government or racially prejudiced.

The Domestic Terrorism Executive Committee was created in the wake of the 1995 Oklahoma City bombing but was scrapped soon after the 2001 terrorist attacks as intelligence and law enforcement officials shifted their focus to threats from outside the country. The committee will be comprised of figures from the FBI, the National Security Division of the Justice Department and the Attorney General’s Advisory Committee.

In his statement announcing the return of the committee, Holder said he remains concerned about the specter of attacks prompted by Islamic extremists, but he said this committee will be tasked with identifying other threats.

“We must also concern ourselves with the continued danger we face from individuals within our own borders who may be motivated by a variety of other causes from anti-government animus to racial prejudice,” Holder said.

According to reporting from Reuters, the American Civil Liberties Union is pushing back against the DOJ plan, fearing “it could be a sweeping mandate to monitor and collect controversial speech.”

Conservative groups are alarmed on multiple levels. First, they see themselves once again the target of an administration that disagrees with them philosophically.

“It appears there’s an attempt to marginalize people who hold views that are sharply different from those of the administration and much of the establishment, said Horace Cooper, co-chairman of the Project 21 National Advisory Board. Project 21 is a network of black conservatives.

Cooper said plenty of presidents dealt with critical speech, particularly in opposition to the Vietnam War and even the Iraq War. He said no president ever responded like this.

“We didn’t arrest them (due to their speech). We didn’t try to prevent them from being able to express themselves on campuses, and we didn’t try to prevent them from trying to enter into the public square,” he said. “This administration appears not to appreciate that lesson and says that the groups of people that are not within their particular perspective ought to be considered the very threat … that the real terrorist threat that comes internationally [presents].”

Listen to the WND/Radio America interview with Horace Cooper:

Project 21 is a very vocal critic of what it considers administration efforts to cloak liberal policies in the guise of racial equality. Cooper said devoting resources to stop threats based on racial prejudice is a solution in search of a problem.

“We’re particularly bothered by mixing together so-called domestic insurrectionists and racists. There is simply no anti-black or anti-minority underground movement in America that is threatening in any way the stability of our government or the stability of local governments. There is just nothing like that. That’s just a complete and total boogeyman,” said Cooper, who believes the Justice Department is fully aware of the reality.

“When we see this administration talking as if the real threat is that if you’re a young black male, you’re going to be shot, you’re going to be kidnapped or you’re going to be forced to prison without actually having any charges against you, there’s simply no evidence to show that,” he said.

Cooper said Holder could solve this debate by compiling a report showing the real number of racially motivated murders, kidnappings and bombings. He said that report will never come because he believes the real motivation for this committee and this policy is entirely political.

“In our organization’s view, this is done, particularly the racial component, to create the false impression to minority communities that it is the Obama administration that is here to help them and another reason why, with all of the economic failings that they have provided to Americans generally and minorities in particular, they should continue to consider giving away their vote to that particular administration,” Cooper said.

Sunday, June 8, 2014

Pericles 495-429 BC

"Freedom is the sure possession of those alone who have the courage to defend it." 

"What you leave behind is not what is engraved in stone monuments, but what is woven into the lives of others."

"Just because you do not take an interest in politics...does not mean that politics won't take an interest in you."


Wednesday, June 4, 2014

Imperial Presidency

SEAN HANNITY: We do have co-equal branches of government, separation of powers. You teach this regularly. You agree with the president politically. For you to say we are at a tipping point constitutionally -- now, I agree with you. What does that mean considering our constitution is our rule of law and they are ignoring it? 

JONATHAN TURLEY: Well, unfortunately our system is changing, and it's changing without a debate. Or even a discussion about what we're going to do in the future when we have a three branch system, a tripartite system but one branch is so dominant. What's emerging is an imperial presidency, an uber presidency as I've called it, where the president can act unilaterally. This is only the latest example of that. 

What's troubling is that we have a system that has been stable precisely because these are limited and shared powers. This president has indicated that he's just not willing to comply with some of those aspects. He told Congress he would go it alone and in our system you're not allowed to go it alone.

SEAN HANNITY: If I broke the law, why do I think they would be the first people to hand kickoff me, perp walk me and send me off to jail. This is just my belief system. Paranoia or truth?

JONATHAN TURLEY: Well, I think that the biggest problem we have is that the system itself, if we have a dominant branch, simply begins to shut down in terms of the safeguards. People don't seem to understand that the separation of powers is not about the power of these branches, it's there to protect individual liberty, it's there to protect us from the concentration of power. That's what is occurring here. You know, I've said it before, Barack Obama is really the president Richard Nixon always wanted to be. You know, he's been allowed to act unilaterally in a way that we've fought for decades.

-----------------------------------

Professor Turley is widely regarded as a champion of the rule of law, and his stated positions in many cases and his self-proclaimed "socially liberal agenda",[8] have led liberal and progressive thinkers to also consider him a champion for their causes, especially on issues such as separation of church and state, environmental law,[10][16]civil rights,[7][17] and the illegality oftorture.[18][19][20] Politico has referred to Turley as a "liberal law professor and longtime civil libertarian".

Sunday, June 1, 2014

Marijuana, Prohibition and the Tenth Amendment

By Susan Shelley

Sooner or later the question will have to be asked: Does the federal government have the power under the Constitution to stop cities and states from legalizing marijuana?

The answer may be no.

Federal law bans the possession of marijuana. But if a simple federal law can ban marijuana, why did Prohibition of alcohol require a constitutional amendment?

A little history answers that question. The U.S. Constitution was ratified in 1789 to provide a framework for governing a nation composed of thirteen separate, sovereign states, each with its own state constitution and government. This was a new concept known as federalism.

James Madison explained that the federal government would have only the powers delegated to it by the Constitution. Those powers would be "few and defined," he said, while the powers remaining in the state governments would be "numerous and indefinite."

The states remained suspicious that the new federal government would encroach on their powers. They demanded and got ten amendments to the Constitution that specifically banned Congress from passing laws on matters that were understood to be within state control. The Tenth Amendment flatly declared, "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."

In 1919, the United States enacted a national ban on the manufacture, sale or transportation of intoxicating liquors. Because the Constitution did not give the federal government the power to regulate alcohol, Prohibition required a constitutional amendment, which was approved by two-thirds of the House and two-thirds of the Senate, then ratified by the legislatures of three-quarters of the states.

In 1933, the nation reconsidered. A constitutional amendment repealing Prohibition was approved by two-thirds of the House and two-thirds of the Senate, then ratified by the legislatures of three-quarters of the states.

Why did the country go to all that trouble if Congress could simply have declared alcohol a "controlled substance" and made it legal or illegal with a simple majority vote and a presidential signature?

If marijuana is grown, distributed and consumed within state borders, and the state government decides that under some circumstances that is not a crime, by what authority does Congress override that judgment? Why is marijuana today different than alcohol in 1919?

The Supreme Court ruled recently that the federal Controlled Substances Act does not contain an exception for medical necessity. Lawyers for the Oakland Cannabis Buyers' Cooperative argued that, exception or no exception, the Controlled Substances Act "exceeds Congress' Commerce Clause powers" and infringes the "fundamental liberties of the people under the Fifth, Ninth, and Tenth Amendments."

The Supreme Court did not want to talk about it.

"Because the Court of Appeals did not address these claims," Justice Clarence Thomas wrote, "we decline to do so in the first instance."

The Court may not be able to duck the issue much longer. If the people of each state choose to decriminalize marijuana in some circumstances, the Constitution plainly reserves to them the power to do so.

Classical liberalism

Classical liberalism is a philosophy committed to the ideal of limited government and liberty of individuals including freedom of religionspeech,pressassembly, and free markets.[1]

Classical liberalism developed in the nineteenth century in Western Europe, and the Americas. Although classical liberalism built on ideas that had already developed by the end of the eighteenth century, it advocated a specific kind of society, government and public policy required as a result of the Industrial Revolution and urbanization.[2] Notable individuals who have contributed to classical liberalism include Jean-Baptiste SayThomas Malthus and David Ricardo.[3] It drew on the economics of Adam Smith, a psychological understanding of individual liberty,natural law and utilitarianism, and a belief in progress. Classical liberals established political parties that were called "liberal", although in the United States classical liberalism came to dominate both existing major political parties.[1]There was a revival of interest in classical liberalism in the twentieth century led byFriedrich Hayek and Milton Friedman.[4]

In the late 19th century, classical liberalism developed into neo-classical liberalism, which argued for government to be as small as possible in order to allow the exercise of individual freedom. In its most extreme form, it advocatedSocial DarwinismLibertarianism is a modern form of neo-classical liberalism.[5]

The term classical liberalism was applied in retrospect to distinguish earlier nineteenth-century liberalism from the newer social liberalism.[6] The phrase classical liberalism is also sometimes used to refer to all forms of liberalismbefore the twentieth century, and someconservatives and libertarians use the term classical liberalism to describe their belief in the primacy of economic freedom and minimal government. It is not always clear which meaning is intended.[7][8][9]

Many modern scholars of liberalism argue that no particularly meaningful distinction between classical and modern liberalism exists. Alan Wolfe summarises this viewpoint, which:[72]

"reject(s) any such distinction and argue(s) instead for the existence of a continuous liberal understanding that includes bothAdam Smith and John Maynard Keynes... The idea that liberalism comes in two forms assumes that the most fundamental question facing mankind is how much government intervenes into the economy... When instead we discuss human purpose and the meaning of life, Adam Smith and John Maynard Keynes are on the same side. Both of them possessed an expansive sense of what we are put on this earth to accomplish. Both were on the side of enlightenment. Both were optimists who believed in progress but were dubious about grand schemes that claimed to know all the answers. For Smith, mercantilism was the enemy of human liberty. For Keynes, monopolies were. It makes perfect sense for an eighteenth-century thinker to conclude that humanity would flourish under the market. For a twentieth century thinker committed to the same ideal, government was an essential tool to the same end... [M]odern liberalism is instead the logical and sociological outcome of classical liberalism."

According to William J. Novak, however,liberalism in the United States shifted, "between 1877 and 1937...from laissez-faireconstitutionalism to New Deal statism, from classical liberalism to democratic social-welfarism".[73]