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Who Attacks Our Bill of Rights--Who Defends Them

Posted by Zenphamy 9 years, 11 months ago to Government
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The link I offer in this discussion is for the decision released by the US 2nd Circuit on Wednesday determining that the NSA 'Bulk Collection of Telephone Meta Data' is illegal by the justifications offered by the President and the DoJ: " In a sweeping decision out of the Second Circuit Court of Appeals, ACLU v. Clapper, the federal court has ruled the National Security Agency’s (NSA) bulk data collection program, which sweeps up millions of Americans’ phone records without a warrant, to be illegal." I've just finished reading the entire 97 pages of the decision. I often do this tedious task on issues that interest me as well as many of the case filings leading up to the decision and it's a revealing effort to undertake, particularly in attempting to understand how and why our legal system and our government operates the way it does. This is not an exercise I recommend for a relaxing evenings read by the firelight. These cases are not easy to read, nor understand, and finding and reading the cites which then leads to further cites will drive you up a tree -- not to mention digging into their procedures and rules, logic and word definitions.

What this case, as so many others in the past, brings to mind, besides the facts and reasonings revealed in the documents and arguments, is the question I ask of all of you in the heading to this post:

Who Attacks Our Bill of Rights--Who Defends Them -- and I might add, Where Do We Find Justice?

In the last few years, I've read literally hundreds of case decisions that affect my individual and natural rights, as discussed in the Constitution and Bill of Rights, and by Ayn Rand throughout her writings. And in nearly everyone of those cases, those arguing for a literal and liberal interpretation and application of those rights are individuals and organizations outside of government--never government. The government represented by the Solicitor General of the United States or the Dept. of Justice, or the Attorney General of a State, always take the position that the right doesn't exist, or needs to be ignored in a particular case, or the interpretation of the right is different than what you think it means, or the right doesn't apply, or the individual bringing the case lacks standing, or that if the right does exist it should be limited in pursuance of a necessary operation, or good by the state or Federal government.

Those men and women arguing against individual rights all have had to pass their state bar, the Federal bar, and the Supreme Court bar, or in the case of the federal to have been specifically accepted. These aren't just your everyday run of the mill divorce, personal injury, cooperate and contracts, tax, prosecuting, or defense lawyers. For the most part, these people are the cream of the crop that have studied long and hard to reach this point in their careers and their compensations and their future careers. And while I fully understand the adversarial basis of our court systems, everyone of these attorneys have studied the Founding Documents and as a requirement of their office, have sworn an Oath to uphold and defend the Constitution against all enemies, both foreign and domestic.

Yet while they're in court representing their government, they're given a pass on that Oath part and are actually encouraged by their ruling attorneys' doctrine (and threatened with the most dire attorney's punishment of disbarment if they fail), to vigorously defend and attack, against the individual's attempt to claim and defend his individual rights. Further, in reading the writings of several of these attorneys in cases and in other writings, they don't even personally believe much if not at least some of what they're arguing, and some even bemoan the rulings and decisions that they win, yet are still proud of their work.

Why, you may ask, is it our government with all of its tremendous financial and manpower might that attacks us at every step in cases such as these in court, while we are limited to the picayune resources available to us, unless we're able to interest the ACLU, go pro se, or qualify as a pauper from prison or on death row? Particularly when it comes to an issue of individual rights protection which is the sole purpose of the government as spelled out in the Declaration, the Constitution, and the Oath all governmental officials take.

Indeed, Why You May Ask! Why are we named as enemies of the state, why do the police lie, brutalize, and kill us, why are we thrown in jails and prisons at inordinate numbers, why do bureaucracies and regulators seem to fight us at every breath, why do our legislators agree to all of this? WHY??? WHO Defends our Rights???



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  • Posted by Temlakos 9 years, 11 months ago
    We do need to remember: we have enemies on the outside, as well as inside. But the solution is to harden all targets. And the easiest way to do that, is to arm ourselves. "A well-regulated militia," James Madison said.
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  • Posted by Herb7734 9 years, 11 months ago
    Our government has become a ship that has sailed without its passengers. As predicted, to the extent the government grows, to that extent, it becomes an adversary to its citizens. I applaud Z for the analysis and bringing the tortuous legalese to light, but the simple matter is, that Washington has become an enclave of elected royalty whose primary goal is the perpetuation of themselves. This attitude filters down and as it does, creates the same attitude as those that are rampant in D.C. There is a solution, but it probably will take another revolution, or, a great big healthy shrug.
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    Posted by $ splumb 9 years, 11 months ago
    "Did you really think that we want those laws to be observed?" said Dr. Ferris. "We *want* them broken. You'd better get it straight That it's not a bunch of boy scouts you're up against– then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."
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  • Posted by $ allosaur 9 years, 11 months ago in reply to this comment.
    Man's lust for power has become enormous in this day and time.
    Look about anywhere--
    ISIS
    Putin
    Our own largely corrupt more than equal know-it-all elite betters.
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  • 10
    Posted by straightlinelogic 9 years, 11 months ago
    The founders knew that it was everywhere and at all times the tendancy of governments to infringe and eliminate individual rights. Government, they believed, was necessary to protect those rights, but they were under no illusions that that would be what the government would prefer or want to do. Consequently, the founders tried to walk a tight rope between giving the government enough power to perform its necessary functions, but building in enough checks and balances so that it could not infringe on individual liberties. They knew power corrupts, and their solution was those checks and balances, and later, the Bill of Rights. In the last analysis, though, for individual rights to be protected requires restraint by government officials, no matter what the Constitution and Declaration of Independence say. Unfortunately, the lust for power may be the most powerful drug in the universe. When restraint is absent and that lust has run amuck, as it clearly has now, the founders had one last recourse: revolution.
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  • Posted by freedomforall 9 years, 11 months ago in reply to this comment.
    Definitely a good point, Db. imo media propaganda and "education" propaganda have had a debilitating effect on the value placed on individual liberty and privacy, compared to the value of arguable "safety" and covenience.
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  • Posted by freedomforall 9 years, 11 months ago in reply to this comment.
    I assume you are referring to the push by hamiltionian banksters/looters from the Articles to the Constitution? Can you recommend a good source to get better informed about that, Zen?
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  • Posted by kevinw 9 years, 11 months ago in reply to this comment.
    Was the corruption ever really gone? A lot of compromises had to be made to get everybody to sign on for this ride. Is that our error? Thinking for all these years that we'd won this battle once before? Suddenly we're all surprised to be fighting it again, when in fact it was never completely won in the first place.
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  • Posted by dbhalling 9 years, 11 months ago in reply to this comment.
    Thanks

    It is not in the Fed bar. Like many areas you have to evaluate attorneys for yourself and decide if you want Peter Keating or Howard Roark.

    To the best of my knowledge there are no formal classes in the law school on the philosophy of the constitution/Declaration and if there were they would be about tearing them down.

    I think utilitarianism/pragmatism are what got us here. Most Americans will not accept outright Marxism or Kant, but with utilitarianism you can get there slowly.
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  • Posted by dbhalling 9 years, 11 months ago in reply to this comment.
    Sadly no the Fed trial bar is not the elite Just like in most areas you have to take the time to evaluate attorneys for yourself. And you have to ask yourself it you want to pick a Howard Roark or Peter Keating.

    To the best of my knowledge formal legal education does not discuss the philosophy of the Constitution or Declaration and if they do it is about tearing it down.

    I would say the fundamental driver what the US has become is utilitarianism/pragmatism. People in the US are not true believers in a social utopia, but they can be brought there inch by inch.
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  • Posted by 9 years, 11 months ago in reply to this comment.
    I admire Hank a great deal. A man with no fear of taking his destiny into his own hands. I'm looking forward to the imminent release of the new book.

    Where do you find the 'cream of the crop'? Is the Fed trial bar just the procedures and rules of the courts?

    Are there any classes or education offered in the philosophies of the Constitution and Declaration, or is it just left up to the students to form their own opinions, or is it just ignored?

    And finally, what philosophy of law or government leads to the system we've evolved to?
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  • Posted by 9 years, 11 months ago in reply to this comment.
    As you say, before the ink was dry on the Constitution. I found it really interesting that Washington and Hamilton led troops out of NY into Penn to enforce the Whiskey Act and shortly after, Washington got so disgusted by what he was doing against Americans, that he left Hamilton in charge and returned to NY. Aaron Burr should be recognized as an American hero.

    But John Adams and his Alien and Sedition Act, imprisoning newspaper publishers that were only released when Jefferson was elected--what terrible acts. I've never been able to fully understand how Jefferson and Adams were able to reconcile. I've read some of the letters back and forth between the two. One would think that instead, they would despise each other.
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  • Posted by kevinw 9 years, 11 months ago in reply to this comment.
    "These lawyers are not the cream of the crop, unless you consider political pull the criteria." A corruptible system attracts corrupt participants.
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  • Posted by 9 years, 11 months ago in reply to this comment.
    I agree with the tremendous impact the progressive and then socialist movement had on us in the early 1900's and even up to today, but the actions I'm discussing began happening before the ink was dry on the Constitution.

    I'm not convinced that many of the people had even a hint about how these systems were set up to operate.
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  • Posted by khalling 9 years, 11 months ago in reply to this comment.
    Hamilton with the Whiskey Act, and the Alien and Sedition Act-happened pretty much right away
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  • Posted by dbhalling 9 years, 11 months ago in reply to this comment.
    agreed power, but also a change in the underlying philosophy of many of the citizens of the US.
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  • Posted by dbhalling 9 years, 11 months ago
    Hank Rangar?

    Thanks for the wonderful article. These lawyers are not the cream of the crop, unless you consider political pull the criteria. The Federal and Supreme court trial bar does not truly indicate and special training or skills. Finally, I took two semesters of Constitutional law in law school and in that whole time we barely glanced at the Constitution and never looked at the Declaration - sad but true.
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  • Posted by freedomforall 9 years, 11 months ago in reply to this comment.
    The people allowed government more power as a result of the 16th amendment and federal reserve act. That allowed greater transfer of power from people to government and to banksters. Then (as planned) the government was bankrupted (by actions of banksters and power seeking pols) in the 30s and fear was used to cause the majority to give consent to socialistic dictatorship by agreeing to social security. That is the likely reason that the constitutional protections have been ignored: the people unwittingly consented.
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  • Posted by 9 years, 11 months ago in reply to this comment.
    That's all true, but what do you think about the question. How did our government get so screwed up that instead of defending our rights, the government is the one that attacks our rights?
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  • Posted by freedomforall 9 years, 11 months ago
    I predict that the GOP controlled con-gress will authorize these unconstitutional NSA actions in an amendment to the extension of the Screw Liberty (aka patriot) Act.

    Justice can be found at the business end of 100 million privately owned rifles, and no where else in the USSA.
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