[yt_dropcap type=”square” font=”” size=”14″ color=”#000″ background=”#fff” ] M [/yt_dropcap] ostly everyone in America has a sinking feeling that the U.S. Department of Homeland Security (“DHS”) has gone way too far in trampling the civil liberties of average citizens, further augmenting and increasing the Police State already stamped on the books with then President Bill Clinton and then Senator Joseph Biden’s Community Oriented Policing (“COPS”).
COPS program was enacted as part of their draconian Violent Crime Control and Law Enforcement Act of 1994 (the “Clinton Crime Bill” or “VCCLEA”) which led to the mass incarceration of 1/3 of all blacks, 1/6 of all latinos, and 1/10 of all whites since 1994, resulting in 70 million Americans with criminal records (1 out of every 3 adults), greater than the population of France.
So there is a dire need for an individual who has made a living studying and critiquing the American Police State in order to correct and re-calibrate it, if not completely dismantle and replace it – sort of like President-Elect Donald Trump’s appointment of Tom Price as head of the Department of Health and Human Services (“DHHS”), an avowed critic of the Affordable Care Act (“Obamacare”) in order to at the very least, iron out and fix the myriad problems with the program. Or we can even point to Donald Trump’s appointment of Jeff Miller, retired chairman of the House Veterans Affairs Committee, to run Veterans Affairs, who is also a fierce critic of that agency.
Therefore it would make perfect sense to consider Mr Whitehead (constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute) whose seminal book “Battlefield America: The War On The American People” is an extraordinary treatise, in-depth study, and detailed analysis of just what went wrong with the hasty enactment of the DHS after the suspicious circumstances of September 11, 2001.
This book was a follow up to his award-winning book “A Government of Wolves: The Emerging American Police State” which also set out the problems facing America due to the over-reaching and increasing militant style force that has become the American Police State.
According to Amazon Books, John W. Whitehead “paints a terrifying portrait of a nation at war with itself and which is on the verge of undermining the basic freedoms guaranteed to the citizenry in the Constitution. Indeed, police have been transformed into extensions of the military, towns and cities have become battlefields, and the American people have been turned into enemy combatants, to be spied on, tracked, scanned, frisked, searched, subjected to all manner of intrusions, intimidated, invaded, raided, manhandled, censored, silenced, shot at, locked up, and denied due process.
Yet this police state did not come about overnight. As Whitehead notes, this shift into totalitarianism cannot be traced back to a single individual or event. Rather, the evolution has been so subtle that most American citizens were hardly even aware of it taking place (like the ‘boiling frog’ analogy). Yet little by little, police authority expanded, one weapon after another was added to the police arsenal, and one exception after another was made to the standards that have historically restrained police authority. Add to this mix the merger of Internet megacorporations with government intelligence agencies, and you have the making of an electronic concentration camp that not only sees the citizenry as databits but will attempt to control every aspect of their lives. And if someone dares to step out of line, they will most likely find an armed SWAT team at their door.”
John Whitehead describes the predicament facing America in the following manner:
“A government which will turn its tanks upon its people, for any reason, is a government with a taste of blood and a thirst for power and must either be smartly rebuked, or blindly obeyed in deadly fear.” — John Salter
“We have entered into a particularly dismal chapter in the American narrative, one that shifts us from a swashbuckling tale of adventure into a bone-chilling horror story…‘We the people’ have now come full circle, from being held captive by the British police state to being held captive by the American police state. In between, we have charted a course from revolutionaries fighting for our independence and a free people establishing a new nation to pioneers and explorers, braving the wilderness and expanding into new territories…Where we went wrong, however, was in allowing ourselves to become enthralled with and then held hostage by a military empire in bondage to a corporate state (the very definition of fascism). No longer would America hold the moral high ground as a champion of freedom and human rights. Instead, in the pursuit of profit, our overlords succumbed to greed, took pleasure in inflicting pain, exported torture, and imported the machinery of war, transforming the American landscape into a battlefield, complete with military personnel, tactics and weaponry…To our dismay, we now find ourselves scrambling for a foothold as our once rock-solid constitutional foundation crumbles beneath us. And no longer can we rely on the president, Congress, the courts, or the police to protect us from wrongdoing…Indeed, they have come to embody all that is wrong with America…“We the people” are being hijacked on the highway by government agents with little knowledge of or regard for the Constitution, who are hyped up on the power of their badge, outfitted for war, eager for combat, and taking a joy ride—on taxpayer time and money—in a military tank that has no business being on American soil…Rest assured, unless we slam on the brakes, this runaway tank will soon be charting a new course through terrain that bears no resemblance to land of our forefathers, where freedom meant more than just the freedom to exist and consume what the corporate powers dish out.”
The Rutherford Institute is a non-profit organization based in Charlottesville, Virginia and dedicated to the defense of civil liberties and human rights.
The organization was founded in 1982 by John W. Whitehead, who continued to be its president as of 2015, and offers free legal services to those who have had their rights threatened or violated, and has a network of affiliate attorneys across the United States and funds its efforts through donations.
In addition to its offer of legal services, the organization offers free educational materials for those interested in the U.S. Constitution and Bill of Rights.
The Rutherford Institute also publishes a weekly commentary by Whitehead which is published in hundreds of newspapers and web publications, including The Huffington Post and LewRockwell.com.
The institute has been described as “a more conservative American Civil Liberties Union” (“ACLU”).
John Whitehead has been described by jazz historian and civil libertarian Nat Hentoff as “this nation’s Paul Revere of protecting civil liberties.”
The Rutherford Institute was named after Samuel Rutherford, a 17th-century theologian who wrote a book, “Lex, Rex,” which challenged the concept of the divine right of kings.
When the Rutherford Institute was founded, conservative Protestants in the United States were reconsidering their role in American political and legal life, perceiving that the federal government was intent on encroaching on Americans’ religious liberties.
Organizations such as the Rutherford Institute pursued matters of religious liberties in the courts, and the Rutherford Institute became the model for groups such as the National Legal Foundation, the Liberty Counsel, and the American Center for Law and Justice.
So there is absolutely no question that President-Elect Donald Trump should either appoint John W. Whitehead as DHS Director, or regularly consult with him on a rigorous basis, in order to help steer the ship of state known as the United States of America back to calmer, smoother constitutional waters.
A self-inflicted wound: Trump surrenders the West’s moral high ground
For the better part of a century, the United States could claim the moral high ground despite allegations of hypocrisy because its policies continuously contradicted its proclaimed propagation of democracy and human rights. Under President Donald J. Trump, the US has lost that moral high ground.
This week’s US sanctioning of 28 Chinese government entities and companies for their involvement in China’s brutal clampdown on Turkic Muslims in its troubled north-western province of Xinjiang, the first such measure by any country since the crackdown began, is a case in point.
So is the imposition of visa restrictions on Chinese officials suspected of being involved in the detention and human rights abuses of millions of Uyghurs and other Turkic Muslims.
The irony is that the Trump administration has for the first time elevated human rights to a US foreign policy goal in export control policy despite its overall lack of concern for such rights.
The sanctions should put the Muslim world, always the first to ring the alarm bell when Muslims rights are trampled upon, on the spot.
It probably won’t even though Muslim nations are out on a limb, having remained conspicuously silent in a bid not to damage relations with China, and in some cases even having endorsed the Chinese campaign, the most frontal assault on Islam in recent history.
This week’s seeming endorsement by Mr. Trump of Turkey’s military offensive against Syrian Kurds, who backed by the United States, fought the Islamic State and were guarding its captured fighters and their families drove the final nail into the coffin of US moral claims.
The endorsement came on the back of Mr. Trump’s transactional approach towards foreign policy and relations with America’s allies, his hesitancy to respond robustly to last month’s missile and drone attacks on Saudi oil facilities, his refusal to ensure Saudi transparency on the killing a year ago of journalist Jamal Khashoggi and his perceived empathy for illiberals and authoritarians symbolized by his reference to Egyptian field marshal-turned-president Abdel Fattah al-Sisi as “my favourite dictator.”
Rejecting Saudi and Egyptian criticism of his intervention in Syria, Turkish president Recep Tayyip Erdogan gave the United States and Mr. Trump a blunt preview of what they can expect next time they come calling, whether it is for support of their holding China to account for its actions in Xinjiang, issues of religious freedom that are dear to the Trump administration’s heart, or specific infractions on human rights that the US opportunistically wishes to emphasize.
“Let me start with Saudi Arabia,” Mr. Erdogan said in blistering remarks to members of his Justice and Development Party (AKP). “Look in the mirror first. Who brought Yemen to this state? Did tens of thousands of people not die in Yemen?” he asked, referring to the kingdom’s disastrous military intervention in Yemen’s ruinous civil war.
Addressing Mr. Al-Sisi, Mr. Erdogan charged: “Egypt, you can’t talk at all. You are a country with a democracy killer.” The Turkish leader asserted that Mr. Al-Sisi had “held a meeting with some others and condemned the (Turkish) operation – so what if you do?”
The fact that the United States is likely to encounter similar responses, even if they are less belligerent in tone, as well as the fact that Mr. Trump’s sanctioning of Chinese entities is unlikely to shame the Muslim world into action, signals a far more fundamental paradigm shift: the loss of the US and Western moral high ground that gave them an undisputed advantage in the battle of ideas, a key battleground in the struggle to shape a new world order.
China, Russia, Middle Eastern autocrats and other authoritarians and illiberals have no credible response to notions of personal and political freedom, human rights and the rule of law.
As a result, they countered the ideational appeal of greater freedoms by going through the motions. They often maintained or erected democratic facades and payed lip service to democratic concepts while cloaking their repression in terms employed by the West like the fight against terrorism.
By surrendering the West’s ideological edge, Mr. Trump reduced the shaping of the new world order to a competition in which the power with the deeper pockets had the upper hand.
Former US national security advisor John Bolton admitted as much when he identified in late 2018 Africa as a new battleground and unveiled a new strategy focused on commercial ties, counterterrorism, and better-targeted U.S. foreign aid.
Said international affairs scholar Keren Yarhi-Milo: “The United States has already paid a significant price for Trump’s behaviour: the president is no longer considered the ultimate voice on foreign policy. Foreign leaders are turning elsewhere to gauge American intentions… With Trump’s reputation compromised, the price tag on U.S. deterrence, coercion, and reassurance has risen, along with the probability of miscalculation and inadvertent escalation.”
Trump’s effects on diplomacy
No longer has Trump’s haphazard behaviour persisted, more will be easy for his administration to enact actions against China, Iran and Taliban. The state department is in a quandary because of it, on each front. Trump’s entrenched eagerness to remain “great” and “first” on the chessboard of International power, could damage the world more ahead than before.
Following the Iran’s attacks on the Kingdom of Saudi-Arabia’s oil infrastructure, US wanted to deploy troops to the Kingdom. It is primarily a justification for why the US has been imposing sanctions over Iran. Is troops deployment a solution? Or will it provide safe horizon to Kingdom oil’s installation? Or will it be revolutionary in oil diplomacy? Or is it the only target retaliated on, by Iran. However, such kind of engagement has short term beneficiary spots, while in broader perspective it has consequential effects for all stakeholders. The episode of nuclear deal has, as a factor of quid-pro-quo, been further dramatised by the state department, withdrawing from. Notwithstanding, the deal has advantageous prospects for the Middle East, and an exemplary for rest of nations, has been further dramatised by the US, in order to seek its diplomatic wins. What significant at this point, is an agreement to reback to the deal.
Embracing a different economic model, China, is plausibly on a runner-up position to the US. Whether it’s 5G tech. Or leading status of green energy, or ultra-scales exports or its leading developments for the nations having indigent economies, is a source of chaos for US administration. The current trade war is an antidoting tool for the whole scenario. The US should, I assume, eye China’s hegemony a piece of cake, and welcome its come out while securing its interests under the umbrella of cooperation. This logic, while posing no threat, seems to be long term functional. Is it?
Trump, according to many native writers, is psychologically unfit, unstable and fickle, however have had strong narrative to prevent America’s engagement into “useless wars” and end “endless” wars. Following this token, Trump announcement of troop withdrawal from Syria and Afghanistan put the world politics and even his administration into chaos. This divided strategists and Washington security officials, which was underpinned by the resignation of James Mattis and recently John Bolton. The ten months of peace process which followed the US’s announcement of troop withdrawal, precipitously ended, putting once again the international and national politics into chaos. Trump, grandiloquently fired a tweet that talks with Taliban are dead and futile. The argument he contended was the Attack in Kabil, where one American soldier with 12 other people were lost. The policymakers and high officials in Washington who already negated the policy of troop withdrawal and then after peace deal. They, of course are winner in this policy discourse, have staunch beliefs in their opinion, who may make Trump’s change of heart. The Kabil attack was given, probably, an agent of resurgent for Obama’s approach. However, Trump’s administration had already scripted their policy framework for the region, and pretending Kabul attack was perhaps a way of redemption from the peace talk.
Trump’s factor in US foreign policy was chaotic to his subordinates for which, he attempted to compensate by cancelling peace deal with Taliban. However , on the domestic front, it is likely to be more pluses than on diplomatic front given to Trump in next year’s presidential election. Let’s see which side the wind blow.
Trump Cannot Be Impeached Over Ukrainegate, But Pelosi and Schiff Can Be Charged Criminally
Pursuant to United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936), the U.S. Supreme Court issued an unmistakable clear edict concerning the foreign affairs powers of the President of the United States.
In its majority opinion, the Court held that the President, as the nation’s “sole organ” in international relations, is innately vested with significant powers over foreign affairs, far exceeding the powers permitted in domestic matters or accorded to the U.S. Congress.
The Court reasoned that these powers are implicit in the President’s constitutional role as commander-in-chief and head of the executive branch.
Curtiss-Wright was the first decision to establish that the President’s plenary power was independent of Congressional permission, and consequently it is credited with providing the legal precedent for further expansions of executive power in the foreign sphere.
In a 7–1 decision authored by Justice George Sutherland, the Supreme Court ruled that the U.S. government, through the President, is categorically allowed great foreign affairs powers independent of the U.S. Constitution, by declaring that “the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs are different, both in respect of their origin and their nature…the broad statement that the federal government can exercise no powers except those specifically enumerated in the Constitution, and such implied powers as are necessary and proper to carry into effect the enumerated powers, is categorically true only in respect of our internal affairs.”
While the Constitution does not explicitly state that all ability to conduct foreign policy is vested in the President, the Court concluded that such power is nonetheless given implicitly, since the executive of a sovereign nation is, by its very nature, empowered to conduct foreign affairs.
The Court found “sufficient warrant for the broad discretion vested in the President to determine whether the enforcement of the statute will have a beneficial effect upon the reestablishment of peace in the affected countries.”
In other words, the President was better suited for determining which actions and policies best serve the nation’s interests abroad.
It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations – a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution.
Separation of Powers Doctrine
In other words, neither the U.S. Congress nor the U.S. Senate can say or do very much of anything to prevent or interfere with this power, and if they do, they can in fact be held responsible for violating the Separation of Powers doctrine pursuant to the U.S. Constitution wherein the three branches of government (executive, legislative, and judicial) are kept separate.
This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.
Each branch has separate powers, and generally each branch is not allowed to exercise the powers of the other branches.
The Legislative Branch exercises congressional power, the Executive Branch exercises executive power, and the Judicial Branch exercises judicial review.
National Security and Foreign Affairs
The Curtiss-Wright case established the broader principle of executive Presidential supremacy in national security and foreign affairs, one of the reasons advanced in the 1950s for the near success of the attempt to add the Bricker Amendment to the U.S. Constitution, which would have placed a “check” on said Presidential power by Congress, but that never passed, or became law.
If Speaker of the House Nancy Pelosi and other Democrats really wanted to interfere with or prevent President Donald Trump from engaging in the activity that they are trying to prevent vis-a-vis Ukraine, China, and Joseph Biden’s alleged corruption and its effect on National Security, they would have to first draft, propose, enact, and pass sweeping legislation, and this could take years and would most probably never pass.
Even so, it could not affect President Donald Trump’s actions already occurred, since the U.S. Constitution prohibits ex post facto criminal laws.
Turning This All Against Nancy Pelosi and Adam Schiff
To that end if Speaker of the House Nancy Pelosi and Congressman Adam Schiff persist in pushing said “impeachment proceedings” against President Donald Trump, it is actually they who could find themselves on the wrong side of the law, with formal and actual charges of Treason, Sedition or Coup D’ Etat being levied upon them by the U.S. Government.
The consequences of that occurring, are truly horrific indeed.
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