Category Archives: Constitution

Earth to Bill Maher: Edward Snowden isn’t the crazy one

TAMPA, January 21, 2014 – Bill Maher interviewed journalist Glenn Greenwald following President Obama’s speech on Friday in which the president discussed his proposals to reform the NSA. Greenwald is the journalist who first reported on the information released by Edward Snowden on the government’s domestic surveillance activities.

While Maher was respectful of Greenwald and, to some extent, Snowden, he went out of his way to smear some of Snowden’s claims about the government’s activities as “completely nuts.” He also found it necessary to take a shot at Ron Paul, who wasn’t even involved in the issue at hand.

For Maher and too many likeminded people, anyone who doesn’t view the government as a benevolent force for good is a tinfoil-hat-wearing kook who believes all civilian life is the target of a massive conspiracy involving the government, secret societies, aliens, etc. Thus Maher’s retort, “Everyone in the government isn’t out to get you.”

That’s what’s known as “framing the debate.” You’re either with Bill Maher and President Obama or you’re with the kooks. You may also be somewhere in the middle, where Maher apparently places Snowden. It completely ignores the many other perspectives one might have, including that of most libertarians.

Libertarians don’t believe that the people who work for the government are evil. It’s the institution of government itself, a monopoly on the use of force that can martial the resources of the entire nation. That kind of power is dangerous even when used by good people with good intentions.

Read the rest of the article at The Huffington Post…

Obama’s proposed NSA reforms prove he doesn’t understand checks and balances

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President Obama delivered a speech on Friday outlining his plans to address the widespread outrage over the domestic surveillance activities of the National Security Agency. However well-intentioned, the president’s proposals indicate he just doesn’t get the constitutional notion of delegated powers.

Implicit in the Fourth Amendment is the principle that the government should remain powerless unless and until an individual is reasonably suspected of having committed a crime. It isn’t even allowed to search one’s person or papers (viz. phone records, emails) to collect the proof it needs until it persuades a judge that it has probable cause.

The only reason the Fourth Amendment offers any protection is it prescribes an adversarial process. The judicial branch is predisposed to refuse to issue a warrant until the executive branch provides sufficient evidence of probable cause.

Read the rest of the article at the Daily Caller…

Obama’s NSA speech proves government can’t prevent terrorism in a free society

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TAMPA, January 18, 2014 – President Obama outlined his proposed reforms of the NSA’s domestic surveillance activities in a speech on Friday. The speech was at times eloquent and the president’s intentions appear genuine, but his recommendations for reform are inadequate. As long as the government is trying to prevent crime or terrorism in the future, it’s going to trample liberty in the present.

The president stated the crux of the problem during his speech:

“So we demanded [after 9/11] that our intelligence community improve its capabilities and that law enforcement change practices to focus more on preventing attacks before they happen than prosecuting terrorists after an attack.”

Freedom requires that the government not attempt to prevent anything. All powers granted to the government relate to crimes committed in the past.

The Bill of Rights rests upon this assumption. Rooted in what is now called the “libertarian” principle of non-aggression, the Fifth Amendment prohibits the government from using force against an individual until it has proven beyond a reasonable doubt that the individual has committed a crime in the past.

The Fourth Amendment goes even farther, prohibiting the government from even searching an individual or his papers (e.g., phone records, e-mails, etc.) without probable cause that the individual has committed a crime in the past.

The entire Bill of Rights supposes that you are beyond the reach of government until you have actually committed a crime. That logically excludes the possibility of the government preventing anything, because the government must employ force against the innocent to do so.

Read the rest of the article at Communities Digital News…

Why Civil Libertarians Should Oppose Federal Civil Rights Charges in Kelly Thomas Case

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On Monday, a jury acquitted Officers Manuel Ramos and Jay Cicinelli of charges related to the death of Kelly Thomas. Immediately afterwards, the FBI field office in Los Angeles announced that it would review the case to determine if federal charges would be brought against the officers.

The verdict was unpopular with civil libertarians, who cited the case as evidence of increasing police brutality, the result of a militarization trend in state and local police departments. They had hoped a guilty verdict would establish some accountability for officers who abuse their power.

They were correct to call attention to the case, but they should oppose federal charges against Ramos and Cicinelli. Affirming the authority of multiple governments to charge defendants with crimes for the same behavior loses the forest for the trees. While a conviction in federal court may feel good in this case, it further empowers the federal government to encroach upon state jurisdiction and weakens due process rights for defendants in general.

Read the rest of the article on The Huffington Post…

It’s not affordable and Obama doesn’t care

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TAMPA, January 3, 2014 – Two days ago, Americans rang in the first New Year in its history in which they were required to buy a private company’s product, regardless of their wishes. Predictably, the bloom was already off the rose, even for supporters of this debacle.

The reality that the Affordable Care Act will make insurance premiums go up and eliminate existing health plans whether members liked them or not had already set in. As for those 45 million uninsured we heard so much about four years ago, 44 million of them presumably remain uninsured under the ACA. That the website can’t handle the traffic is likely providing cover for millions of Americans who just aren’t interested in complying.

The lion’s share of blame has been focused on President Obama, but that is really counterproductive. Despite his name being forever attached to “Obamacare,” Obama really had little to do with creating it. He didn’t write the bill. He probably hasn’t even read it.

President Obama’s role in Obamacare was to use the “bully pulpit” of the Oval Office to pitch a tired, old and previously rejected idea that suddenly had new life because of a financial crisis that was largely blamed on the Republican Party, fairly or not.

So where did it come from? The snap answer would be Democrats, who passed the bill without a single Republican vote. That’s good politics for the Republicans, but only because Americans have an extremely short memory.

Even Romneycare in Massachusetts was not the genesis of Obamacare. The individual mandate, subsidies for low income earners and most other attributes of Obamacare were all part of the Health Equity and Access Reform Today Act of 1993, introduced by Republican U.S. Senator John Conyers and supported by fellow Republicans Orrin Hatch, Chuck Grassley, Bob Bennet and Kit Bond, among others.

Bennet would go on in 2007 to join Democrat Ron Wyden in introducing the Healthy Americans Act, which also featured an individual mandate and “State Help Agencies,” now called “health care exchanges” or “health care marketplaces.”

That Republicans used to introduce this horrible program as an alternative to the even worse single payer proposal by Democrats is no excuse. It is precisely the tyrannical, economically obtuse and grossly unfair program that Republicans have described it as for the past four years – after promoting it for the previous twenty.

It goes to show that given a long enough stay in Washington, D.C., anyone will begin to see govenrment as the only answer to any problem, most of which are created by government in the first place.

More importantly, debacles like Obamacare are rarely the result of presidential elections. Presidents like FDR, LBJ and Obama merely become the face associated with laws that finally pass after resistance has been worn down over decades.

James Madison’s words from the Federalist are instructive:

“But in a representative republic, where the executive magistracy is carefully limited; both in the extent and the duration of its power; and where the legislative power is exercised by an assembly, which is inspired, by a supposed influence over the people, with an intrepid confidence in its own strength; which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions, by means which reason prescribes; it is against the enterprising ambition of this department that the people ought to indulge all their jealousy and exhaust all their precautions.”

Despite the many usurpations of power by the executive branch, it is still “the enterprising ambition” of Congress that causes most of the misery government continues to spread. Given enough time, they will impose their boondoggles, no matter how unwise and unpopular they are.

There are over 100 members of the House of Representatives that have sat in those seats since at least the 1990’s. There are almost 30 members of similar longevity in the Senate.

Who knows what they’ll drag out of the dustbin next? It’s time for voters to do a little sweeping of their own. The letters after representatives’ names should make little difference.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Duck Dynasty A&E dispute proves Civil Rights Act obsolete

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TAMPA, December 20, 2013 – Immediately after A&E put Duck Dynasty star Phil Robertson “on hiatus,” the blogosphere exploded with reactions. Liberals decry Robertson’s alleged bigotry. Conservatives defended his right to free speech and freedom of religion.

99% of the commentary is wrong, of course. First, Robertson’s comments were not bigoted. Robertson merely quotes the Bible on homosexuality. He then says that it is not for humans to judge anyone. That is reserved for God.

You can’t be prejudiced if you don’t judge. He believes homosexuality is a sin, but nowhere does he indicate that anyone should be treated differently, either by the law or by individuals, because they are homosexual.

This has nothing to do with freedom of speech or religion, either. Those principles relate to government suppression of speech and religion. The government hasn’t threatened Robertson.

In fact, A&E’s response was the textbook libertarian answer to this kind of dispute. A&E’s management, representing the stockholders, exercised their own right to freedom of association. They have a right to terminate their business relationship with Robertson for any reason, provided it does not violate the contract they signed with him.

The other cast members have now released a statement implying they won’t do the show without Phil. The statement indicates that they are negotiating with A&E on what the future of the show may be.

It’s possible that the show will be canceled. Or, A&E might back down. Most likely, a compromise will be reached where the show goes on, Phil Robertson makes a public statement expressing regret for offending anyone, but standing by his Christian faith, and A&E welcomes him back on condition he doesn’t make public statements on this subject in the future.

Does anyone notice anything missing from these scenarios?

If you said “the government,” you’re correct. If this little media drama has proven anything so far, it is how unnecessary government is in resolving issues of racism or bigotry. The market does just fine.

It would do better if Titles II and VII of the Civil Rights Act were repealed.

Most of the Act prohibited discrimination based upon race, color, religion or national origin in either state or federal governments. There are legitimate constitutional concerns about giving the federal government these powers over the states, but even most libertarians aren’t losing much sleep. If ever there was a place to compromise strict constitutional principles, prohibiting bigotry in government is it.

Titles II and VII of the Act are another story. In those, the federal government is given power over the personal choices of the individual. Title II prohibited private business owners from discriminating in hotels, motels, restaurants, theaters, and “all other public accommodations engaged in interstate commerce.” Title VII prohibited employers from so discriminating.

This redefined the very idea of private property. No longer could individuals “dispose of their persons or possessions as they saw fit,” as Locke would put it. In effect, the government made itself part owner of all private property.

One does not have to be a racist or a bigot to be concerned. The response at the time was that American culture was so deeply ingrained with prejudice, especially towards blacks, that only the government’s heavy hand could solve the problem.

There are certainly cracks in that theory. For example, if there weren’t private business owners in the south who wanted to serve blacks, then why did they have to make it illegal to do so?

Questions only libertarians think to ask.

In any case, this is 2013, not 1964. The power given to the federal government isn’t necessary now, if it ever was. The Duck Dynasty incident proves that. Voluntary contracts will resolve that dispute and consumers will reward or punish that resolution with their decisions to watch or boycott.

Like all government solutions, the Civil Rights Act has largely achieved results opposite of its intentions. Affirmative Action spawns resentment against blacks when they get jobs because of their race over more qualified applicants. There is also resentment when the black is more qualified, because the white applicant quite reasonably suspects that race was a factor, even when it wasn’t.

Check black unemployment statistics during the fifty years before and after the Act was passed. The government has defeated black unemployment about as well as it’s made health care more affordable.

The market, if left free, would be an efficient dispatcher of racism. Employers who routinely hired less qualified employees based upon their race would soon find themselves outperformed by firms that hired purely based upon ability. In business terms, racism would be rendered extinct.

The same would hold for hotels, restaurants and other private firms that serve the public, in terms of their decisions of which customers to serve.

Not convinced? Here is a wager. Repeal Titles II and VII of the Civil Rights Act and allow individuals to make personal decisions based upon whatever values they hold. In the unlikely event that someone puts up a “Whites Only” sign on a restaurant, this writer – likely the worst restaurateur on the planet – will open for business across the street the very next week. My sign will say “Everybody Welcome.”

We’ll see who is still in business a month after that.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Mr. Obama, tear down this data center

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TAMPA, December 17, 2013 – A federal judge’s ruling Monday confirmed what a majority of Americans already knew. The National Security Agency’s indiscriminate gathering of data on every phone call made in the United States is unconstitutional. Calling the government’s data gathering technology “almost Orwellian,” Judge Richard Leon said that James Madison would be “aghast” if he knew the government was encroaching upon liberty in such a way.

According to USA Today, he also pointed out another thing most Americans already knew. The program never has and likely never will prevent a terrorist attack.

“Given the limited record before me at this point in the litigation — most notably the utter lack of evidence that a terrorist attack has ever been prevented because searching the NSA database was faster than other investigative tactics — I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism,” the judge said.

The judge limited his ruling to the plaintiffs in the case, leaving constitutionality open for other courts to decide in other cases. The ruling is expected to be the first of many, with an expectation that the issue may eventually find its way into the Supreme Court.

Then, it’s “rights roulette” as Americans sit on the edge of their seats wondering if the government’s black-robed high priests will pronounce away more of their freedom.

It doesn’t have to come down to that. President Obama could take matters into his own hands and actually be acting within the constitutional limits of his power for a change. The president could order the NSA to cease its program, citing the federal judge’s ruling as his authority.

The president is charged to “take care that the laws are faithfully executed” by Article II Section 3 of the Constitution. That includes the laws against murder and terrorism. But the constitution doesn’t tell him how to perform that duty. It does prohibit him from doing so in a way that would violate his oath to “preserve, protect and defend the Constitution of the United States.”

A federal judge just ruled he is doing precisely that.

The president’s legacy is in serious jeopardy. He is already accused of lying to the America people, repeatedly for years, about the legislation that informally bears his name. Controversy over his administration’s handling of the Benghazi incident persists.

Despite Pollyanna assurances to the contrary, the U.S. economy remains in a depression, complete with double digit unemployment rates and Hoovervilles. Deciding not to count millions of able-bodied Americans who aren’t working and ignoring formerly middle class people living in tents under bridges doesn’t change that.

However, none of this will damage Obama’s legacy in the long term. As I’ve said before, history will not be concerned with health care programs or unemployment rates. It will be concerned with who attacked the fundamental principles of freedom and who risked everything to defend them.

President Obama campaigned against Bush era civil liberties violations in 2008. He denounced torture and promised to close Guantanamo Bay. It remains open.

He condemned the very domestic spying programs at issue here when run by the Bush administration, then sent his lawyers into court seeking legal justification to expand them even further. His administration has built a massive data center in Utah to store the ill-gotten information for as long as the government sees fit.

In an October 7, 2013 article, Siobhan Gorman of the Wall Street Journal called the data center “a symbol of the spy agency’s surveillance prowess.”

Warrantless government surveillance of its own citizens. Concentration camps where U.S. citizens could be tortured. Killing U.S. citizens without due process. This is the stuff legacies are made of.

The Alien and Sedition Acts still haunt John Adams’ legacy more than two centuries after his presidency. However, Adams’ other achievements in promoting liberty and peace overshadow them, including sacrificing a second term as president to prevent a disastrous war with France.

The Obama administration has accomplished nothing comparable. It continues to take a hard line against the whistleblower Edward Snowden who exposed the activity that a federal judge has now said violates the Constitution the president swore to defend. It has completed construction on a massive edifice dedicated to trampling the Fourth Amendment.

Unless he changes course now, this is what the president will be remembered for.

Mr. Obama, tear down this data center.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Gun statistics are irrelevant to the 2nd Amendment

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TAMPA, December 13, 2013 – The Washington Post is at it again. Days before the one year anniversary of the murders at Sandy Hook, the Post is running another piece asking readers “What’s your gun number? Share your gun story.”

Citing statistics is a central plank in the liberal war on private gun ownership. CNN host Piers Morgan began several televised “debates” with gun ownership proponents by asking them if they knew statistics on gun violence or gun-related deaths. It was partly just a ploy to try to catch his opponent without an answer and make him seem uninformed. Sometimes he was successful, sometimes not, but nobody gave him the right answer.

Statistics are irrelevant to the 2nd Amendment.

The 2nd Amendment protects each individual’s right to keep and bear arms. Even the Supreme Court agrees, its abysmal record protecting individual rights notwithstanding. An individual’s right cannot be infringed as a result of what someone else did. It can only be infringed as a result of what that individual did. That’s why we don’t choose people at random for prosecution when a robbery is committed. An investigation is made to determine the specific individual who committed the crime, so he or she can be tried and sentenced.

That’s why we have a 5^th Amendment requiring due process. No individual can be punished unless it’s proven that individual committed a crime.

The statistics actually don’t support the gun grabbers anyway. The FBI website’s latest statistics show that violent crime in general continued to plummet from 2008 to 2012, amidst record gun sales. Murders were similarly down over the period, with the FBI reporting 12,765 in 2012. 8,855 were committed with firearms.

The U.S. Census Bureau’s U.S. and World Population clock listed the population of the United States at 317,233,035 at the time of this writing. Assuming that each of the murders committed with a firearm in 2012 was committed by a different person, .00279 percent of the population murdered someone with a firearm that year. In response, gun control advocates want to infringe the rights of the 99.720 percent of the population that did not commit a murder with a firearm.

As absurd as that may seem, it really wouldn’t matter if the numbers were reversed. If 317 million people committed murder with a firearm in 2012, the remaining 8,855 would still retain their right to bear arms. That’s how individual rights work. They’re individual.

Unlike economic freedom or privacy, this is one area where the advancing state seems to be losing. As confused as he might be on individual rights and the role of government, the average 21^st century American seems to retain some latent common sense about the right to bear arms. Every time anti-gun propaganda intensifies, gun sales skyrocket.

Let’s hope that trend continues.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Obama violates oath of office with insurance letter

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TAMPA, November 17, 2013 – In a desperate attempt to diffuse criticism of his administration over the Affordable Care Act (“Obamacare”), President Obama has once again broken new constitutional ground.

In a letter dated November 14, Director of the Center for Consumer Information and Insurance Oversight Gary Cohen informed state insurance commissioners that insurance policies rendered illegal by the legislation “will not be considered to be out of compliance with the market reforms specified below under the conditions specified below.”

The president has just violated his oath of office. No investigation is necessary. He’s put it in writing.