Category Archives: History

Congress is not authorized to start a war with Syria, either

TAMPA, August 29, 2013 – The British Parliament is debating the U.K.’s response to an alleged chemical weapons attack by the Syrian government against rebels and civilians. This prompted Sen. Ted Cruz of Texas to tweet a picture juxtaposing the ongoing debate in Parliament with the empty U.S. Congress building.

Cruz and others have expressed the opinion that President Obama cannot take military action against Syria without consulting Congress first.

They’re wrong. Congress doesn’t have the power to start a war with Syria, either, under present circumstances.

Most people misunderstand the declaration of war power as “permission” to start a war. It’s not.

The Constitution grants Congress the power to declare that a state of war already exists. This can only be true if the nation in question has committed overt acts of war against the United States.

This is supported by each and every declaration of war in U.S. history. Each declaration has followed the same format.

1. Congress cites the overt acts of war committed by the nation in question against the United States.

2. It recognizes the existence of the war because of those overt acts.

3. It directs the president to utilize the military to end the war.

The process is somewhat analogous to a criminal trial. The president “makes his case” to Congress that certain actions by a foreign nation amount to acts of war. Congress then deliberates, renders its verdict and passes sentence. The president is directed to execute the sentence.

When James Polk asked Congress to declare war on Mexico in 1846, he said,

“But now, after reiterated menaces, Mexico has passed the boundary of the United States, has invaded our territory and shed American blood upon the American soil. She has proclaimed that hostilities have commenced, and that the two nations are now at war.

As war exists, and, notwithstanding all our efforts to avoid it, exists by the act of Mexico herself, we are called upon by every consideration of duty and patriotism to vindicate with decision the honor, the rights, and the interests of our country.

In further vindication of our rights and defense of our territory, I invoke the prompt action of Congress to recognize the existence of the war, and to place at the disposition of the Executive the means of prosecuting the war with vigor, and thus hastening the restoration of peace.”

After deliberating, Congress issued the following declaration of war,

“Whereas, by the act of the Republic of Mexico, a state of war exists between that Government and the United States: Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, That for the purpose of enabling the government of the United States to prosecute said war to a speedy and successful termination…”

Note the italicized words. The state of war already exists because of the act of the Republic of Mexico.

Most people remember FDR’s Pearl Harbor speech during which he rattled off the acts of war committed by Japan. “Last night, Japanese forces attacked Wake Island. Last night, Japanese forces attacked Midway Island, etc.” Roosevelt concluded,

“I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December seventh, a state of war has existed between the United States and the Japanese Empire.”

The framers of the Constitution intended that the president would never initiate planned military action until this process took place. Yes, the president could deploy the military if the British or Spanish were discovered marching through Maryland, a very real possibility at the time.

Otherwise, acts of war had to be committed against the United States before the president directed a military response.

Syria’s government may or may not have used chemical weapons against its own people. It has not committed any acts of war against the United States. Therefore, there is no basis upon which to declare a state of war between Syria and the United States.

The constitution assumes that the only justification to utilize U.S. military resources is to defend U.S. citizens after another nation has initiated a state of war. The only exception is to defend a nation with whom the United States has signed a treaty establishing one of those entangling alliances the founders told us to avoid.

The Syrian conflict meets none of those requirements. Neither Congress nor the president have any constitutional authority to attack.

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

Syria: The U.S. has learned nothing from Iraq and Afghanistan

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TAMPA, August 28, 2013 — “And now we’re back where we started. Here we go round again. Day after day I get up and I say I better do it again.”

Apparently, Ray Davies’ lyric has become the U.S. government’s foreign policy. Unfortunately, they’ve added a line to the chorus that Davies left out: Make sure you learn absolutely nothing from the day before.

After twelve years of war, hundreds of thousands of U.S. and foreign civilian casualties and trillions in debt, the U.S. has accomplished nothing in the Middle East. They haven’t eradicated the Taliban or Al Qaeda. There has not been a single regime change favorable to U.S. interests. Americans are not freer. They are less free than they have ever been in U.S. history.

The Obama administration’s response? Do it again.

It’s hard to imagine anyone who does not have a strong sense of déjà vu this morning, as officials from the president on down gear up for a missile strike against Syria. The U.S. and U.K. governments have both issued statements that they have “no doubt” that the Assad government used chemical weapons against rebel forces and civilians. But U.N. inspectors have not concluded their investigation and have issued no such statement confirming anything.

The Assad government denies use of chemical weapons.

If the U.N. inspectors do conclude that chemical weapons were used, there is still reasonable doubt about who used them. There are suspicions that the rebels may have actually deployed the chemical weapons in an attempt to frame the Assad government and persuade the U.S. to enter the war.

In 2003, the Bush administration emphatically warned of the imminent threat that the Saddam Hussein Iraqi government posed to the U.S. and the rest of world. Images of mushroom clouds over U.S. cities were invoked, with the administration making the absurd claim that Hussein could strike the U.S. within 45 minutes.

No such capabilities existed. After the U.S. had invaded the country, destroyed its infrastructure, displaced over two million refugees and set the stage for an Islamic government friendly to Iran to replace the previous secular one which was hostile towards Iran, it admitted that the “WMD” didn’t exist.

The entire eight year debacle accomplished nothing. Zero. Nada.

Now, even the man who wrote up the plan for missile strikes against Syria says that those strikes won’t accomplish anything.

“Tactical actions in the absence of strategic objectives is usually pointless and often counterproductive. I never intended my analysis of a cruise missile strike option to be advocacy even though some people took it as that,” said Chris Harmer, the senior naval analyst at the Institute for the Study of War who wrote up a plan for missile strikes.

Gen. Martin Dempsey, Chairman of the Joint Chiefs of Staff, has been warning for months that intervention in Syria will accomplish nothing favorable to U.S. interests. He’s gone so far as to say that even if the rebels were to win, they would not likely be friendly toward the U.S. government.

There are no “good guys and bad guys” in this struggle. On one side you have an oppressive dictatorship with strong ties to Russia. On the other you have a fundamentalist Islamic coalition of rebels with many different factions, including one that just took a pledge of allegiance to al-Qaeda leader Sheik Ayman al-Zawahri.

These are the “freedom fighters” the Obama administration has been backing.

In Afghanistan, the “security forces” that U.S. soldiers are training to supposedly enforce the rule of law and democratic government after the U.S. leaves occasionally kill their trainers. They are restrained only by their own officers who remind them of the weapons the U.S. is supplying them.

This is what thousands of American casualties and trillions of dollars in new debt has bought us. That’s not to mention the hundreds of thousands, if not millions of new terrorists that U.S. intervention has created. Every drone strike against a terrorist leader results in innocent civilian deaths. Fathers, brothers or sons of the dead then dedicate their lives to war against the U.S.

Every bomb launched against Syria will be purchased with borrowed money. Each one will take innocent lives and create new terrorists. According to anyone with any expertise, it will accomplish nothing, although the stated goal is to oust the Assad government and replace it with a fundamentalist Islamic government that is even more hostile towards the United States.

The U.S. just did that in Egypt. It did the same in Iraq. The Taliban is now negotiating with the U.S. and others for an end to the war in Afghanistan, where they may very well return to power.

Einstein is credited with defining insanity as doing the same thing over and over again and expecting a different result.

James Madison said that no nation could preserve its freedom in the midst of continual warfare. We haven’t. In the past twelve years, we’ve built a frightening police state, turned federal government surpluses into $12 trillion in public debt and accomplished nothing in the Middle East or against terrorism in general.

Let’s not do it again.

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

Dempsey’s Syria letter raises questions about entire Mideast policy

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TAMPA, August 21, 2013 – Gen. Martin Dempsey, Chairman of the Joint Chiefs of Staff, told Rep. Eliot Engel, D-N.Y. in an August 19 letter obtained by the Associated Press that the Obama administration is opposed to even limited military intervention in Syria because the rebels wouldn’t support American interests even if they won.

Dempsey said that the U.S. is capable of destroying President Assad’s air force, but that it would plunge the U.S. into another Mideast war with no strategy for peace.

Dempsey’s assessment has been criticized by Sen. John McCain, who called a previous letter to Sen. Carl Levin “disingenuous.” According to the Jerusalem Post, McCain said “No one is seriously talking about striking Assad’s naval forces as part of a limited campaign. And no one seriously thinks that degrading Assad’s air power would require hundreds of American military assets. The whole thing is completely misleading to the Congress and the American people, and it is shameful.”

It’s time to take a serious look at just who has misled the American people. For twelve years, neoconservatives and other war hawks have presented military intervention in the Middle East as the only way to fight terrorism, bring stability to the Middle East and champion democratic values.

Twelve years of active war has failed to achieve any of those goals. Neither has it advanced any U.S. interest in the region, even if that were a justifiable cause for war.

Dempsey’s assessment of intervention in Syria highlights lessons the U.S. should have learned by now

First, the conflict is not between two sides, one pro-democracy and one dictatorial. It is a many-sided conflict, involving longstanding ethnic and tribal differences, according to Dempsey. No side is pro-U.S.

This is much like Afghanistan, where the U.S. attempted to combine military action with bribes, coalition building and humanitarian efforts to “win hearts and minds.”

In the end, the government it backed has waffled on supporting U.S. interests. The security forces U.S. military personnel are training have taken to killing their trainers from time to time, restrained only by Afghan officers who discourage the practice because of the weapons the U.S. is providing them.

Last month, the Taliban opened an office in Dohar, Qatar to begin negotiating with the U.S. and others to end the war. What that means for stability, democracy or U.S. interests in Afghanistan remains to be seen. The original reason for invading Afghanistan was to remove the Taliban.

This after the U.S. left Iraq a nation in chaos, its infrastructure razed, two million refugees displaced, an ancient Christian community destroyed, and a government with strong ties to Iran.

U.S. intervention in Egypt has had similar results, where a military junta uses arms purchased with U.S. foreign aid to slaughter those who protest the recent overthrow of a democratically-elected government. That government was dominated by the Muslim Brotherhood, hardly a result the U.S. welcomed in terms of its own interests or those of its allies.

In addition, the Assad regime is a longstanding friend of Russia, which has a naval base in Syria. The Obama and Bush administrations have both unnecessarily strained relations with post-Soviet Russia. Military intervention in Syria could strain them further, with no discernible benefit to the United States.

Idealists look at the twelve year U.S. adventure in the Middle East as a righteous mission to bring democracy to the oppressed peoples under dictatorial or Islamic rule. From that perspective, the U.S. has been played for a sucker by a myriad of tribal factions that have cooperated temporarily and then turned on the U.S. the minute cooperation no longer served their interests. Wherever democratic elections have taken place, Islamic governments have been elected with dubious prospects for supporting the U.S. or Israel.

Cynics see the period as one of quasi-imperial conquest by the U.S. to remake the political landscape to better serve U.S. interests and secure access to oil and other natural resources. The project has been a disaster from that perspective as well, even if true.

It’s time to take a serious look at U.S. foreign policy in the Middle East and in general. There are questions that need to be answered.

Based upon twelve years of experience, what do we expect to accomplish in the Middle East? How many decades are we willing to stay at war to accomplish it?

How much more money are we willing to borrow?

What evidence is there that we have accomplished anything? Why will next year be different?

If the U.S. is indeed waging “wars of liberation,” how did U.S. taxpayers become financially responsible for the liberty of every soul on the planet? When will this financial responsibility end?

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

Egypt in flames: A perfect metaphor for U.S. foreign policy

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TAMPA, August 19, 2013 – At least 64 more people died in Egypt Friday as fighting erupted between Muslim Brotherhood-led supporters of ousted president Mohmmad Morsi and armed civilians who oppose them. Police officers were among those killed, some possibly fighting out of uniform with vigilante forces.

The Brotherhood has called for daily protests “until the coup ends,” meaning that the democratically-elected Morsi is returned to power. With chances of that close to zero, there is no clear pathway to an end to the carnage.

Egypt is in flames. It is a perfect metaphor for U.S. foreign policy.

Yesterday, President Obama announced that he was canceling joint military training exercises with the Egyptian military. “Our traditional cooperation cannot continue as usual when civilians are being killed in the streets and rights are being rolled back,” the president said.

The civilians are being killed with weapons purchased with U.S. foreign aid to Egypt.

Just two years ago, the Obama administration materially supported the “pro-democracy” revolution against Hosni Mubarak, but has refused to condemn the Egyptian military’s deposing of Morsi.

If the administration were to recognize that as a coup, it would be legally required to cut off military aid.

Meanwhile, the administration is supporting a rebellion against President Assad of Syria. That has strained relations with Russia, a longtime ally of Syria and supporter of the multi-generational Assad regime. Russian president Vladimir Putin has publicly questioned why the United States is supporting rebel forces in Syria that include Al Qaeda after fighting extended wars against Al Qaeda in Iraq and Afghanistan.

The tension may have influenced Putin’s decision to grant asylum to fugitive Edward Snowden. In response to that, Obama cancelled a scheduled meeting with Putin.

The failures are not confined to the Obama administration.

The Bush administration reacted to 9/11 the way FDR reacted to Pearl Harbor. It attempted to wage conventional war against an unconventional enemy.

“Mission accomplished,” declared President Bush in May, 2003, after U.S. forces had marched into the Iraqi capital, the traditional measure of victory in a conventional war.

The problem was that Saddam Hussein’s forces weren’t the real enemy. Eight years later, the U.S. left Iraq a nation in chaos, its infrastructure razed, two million refugees displaced, an ancient Christian community destroyed, and a government with strong ties to Iran.

“No one in his right mind speaks of a U.S. victory in Iraq these days,” wrote former Congressman Ron Paul.

Paul also noted that the Taliban has recently opened an office on Doha, Qatar, where it will negotiate with the U.S. on ending the war in Afghanistan. Few doubt that the Taliban will be a major influence in Afghanistan, if they don’t eventually return to power altogether, after the U.S. withdraws.

The entire, twelve-year U.S. adventure in the Middle East has been an unmitigated disaster, using any of the measures of success offered by its proponents.

It did not neutralize weapons of mass destruction in Iraq. They didn’t exist.

It did not permanently depose the Taliban.

It did not eliminate or even reduce al Qaeda, which filled every vacuum created by U.S. arms.

It has not made the Middle East more stable.

It certainly has not made Americans freer. The Patriot Act, the TSA, NSA collection of phone and e-mail data, indefinite detention without due process and the presidential kill list have all accompanied the war on terror. While military intervention did not cause these domestic policies, it has done nothing to reduce the perceived need for them.

The U.S. has learned nothing from the Cold War. The two significant military interventions during that period were its only failures. The U.S. left Viet Nam in defeat. The Vietnamese largely abandoned communism on their own in the decades that followed.

The U.S. prevented North Korea from taking over South Korea, but still finds itself entangled in the six decade standoff that followed it. North Korea is one of the few truly communists countries left in the world, largely because an outside threat unites people behind the government.

It’s time to give serious consideration to a noninterventionist foreign policy. The results of trying to police the world and export democracy have been exactly the opposite of what was intended. It’s a lot like when the government intervenes into the economy. When it puts price controls on food to help the poor, it results in food shortages and the poor starve.

It is often said that if the United States did not have its massive military presence around the world, other powers like China would fill the void. Let them.

The idea that there is something to fear from potential rivals “controlling resources” is based upon economics as spurious as those employed by the price controllers. Natural resources are worth nothing if not sold to all potential buyers. Oil is not sold from government to government. It is sold to major exchanges and from there to the highest bidder.

While the United States is bankrupting itself blowing up bridges and then rebuilding them in Middle East backwaters, China is investing in resources in Africa and elsewhere. They do not appear worried about their security despite the absence of military bases outside their borders.

The interventionists would do well to read the inauguration speeches of the first 22 U.S. presidents. Regardless of their differences on domestic policy, their comments on foreign policy play like a broken record.

Nonintervention worked. It’s no coincidence that the United States rose from one of the poorest economies in the world to the mightiest economy in human history while this was its foreign policy. Being the world’s policeman has played a large part in reversing that trend.

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

Obama says Edward Snowden isn’t a patriot

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Tampa August 10, 2013 – Yesterday, President Obama spoke to reporters about his plans to address the growing public outcry over domestic spying programs run by the NSA and other U.S. intelligence agencies. During the press conference, Obama said that he didn’t consider Edward Snowden a patriot. Instead, those doing the spying are the patriots, along with those who have “lawfully raised their voices” to defend civil liberties.

Edward Snowden may have broken the law, but “the law is often but the tyrants will,” as Thomas Jefferson famously said.

Never has that been truer than now, when the law protects lawbreakers and forces defenders of our most sacred principles to seek political asylum in other countries. That anyone would seek asylum from the United States government at all, much less in Russia, would have been the stuff of wild fantasy just a few decades ago. Now, the torture of prisoners, arrest and detention without warrant and even execution without a trial are regarded as commonplace.

President Obama is on the wrong side of history.

Edward Snowden will be remembered as a patriot.

President Obama will be remembered as the first U.S. president to kill an American citizen without a trial. History has a word for that, too.

It isn’t patriot.

This has all happened before. Read my op-ed in The Washington Times on the first Edward Snowden in U.S. history…

Libertarians to Chris Christie: Is life so dear, or peace so sweet?

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TAMPA, July 27, 2013 – Rep. Justin Amash (R-Mich.) introduced an amendment to the Defense Appropriations Bill that would have defunded the NSA’s blanket collection of metadata and limited the government’s collection of records to those “relevant to a national security investigation.”

It terrified New Jersey Governor Chris Christie, who lashed out at those who supported the bill and libertarianism in general.

“As a former prosecutor who was appointed by President George W. Bush on Sept. 10, 2001, I just want us to be really cautious, because this strain of libertarianism that’s going through both parties right now and making big headlines, I think, is a very dangerous thought,” Christie said.

Yes, it is dangerous, but to what? It is dangerous to the bloated national security state, which tramples the liberty and dignity of every American under the pretense of protecting them from what Charles Kenny recently called the “vastly exaggerated” threat of terrorism.

Chris Christie shamelessly invoked the image of “widows and orphans” of 9/11 in an attempt to discredit any resistance to the federal government’s complete disregard for the Bill of Rights. He then echoed former NYC Mayor Rudy Guiliani in claiming some imagined authority on the matter because he is the governor of the state “that lost the second-most people on 9/11.”

Newsflash to Governor Christie: You have no more moral authority on this subject than the U.S. Congress had legislative authority to pass the Patriot Act.

Christie doesn’t understand that the power that legislators may exercise is limited to what was delegated to them in the Constitution. He seems to believe that power changes depending upon how he “feels.”

“I think what we as a country have to decide is: Do we have amnesia? Because I don’t,” he said. “And I remember what we felt like on Sept. 12, 2001.”

Ignoring the cheap tactic of trying to paint libertarians as “unfeeling” or not having sympathy for the victims of 9/11, there is a simple answer to Mr. Christie’s question.

“We as a country” decide questions like this through Article V of the U.S. Constitution. The Fourth Amendment forbids the federal government from running programs like the NSA’s. Only an amendment that revises or repeals it can change that.

Until then, the federal government does not have the power to do what it is currently doing, regardless of any terrorist attacks or how Mr. Christie feels about them.

Amash’s amendment should be unnecessary, but it is preferable at the moment to the remedy offered in the Declaration of Independence for a government that exercises power not given to it by the people.

If history provides any guidance, the people will never give this power to the federal government. Let’s not forget that none of the Soviet-style security measures establishd since 9/11 have prevented a single terrorist attack, other than those the government created itself. Flight 93 on 9/11, the shoe bomber and the underwear bomber were all foiled by private citizens, the latter two after the perpetrator walked right past the government’s garish security apparatus.

The truth is that no security measures will ever be able to make Americans 100% safe from harm. There is absolutely nothing the U.S. government could do right now to prevent Russia or China from launching a nuclear attack on the United States. What makes one unlikely is the ability for the United States to retaliate and the lack of any good reason for either country to do so. The United States doesn’t routinely commit acts of war against Russia or China.

Perhaps that strategy might also be effective in preventing terrorism.

Regardless, the government can’t stop the next terrorist attack any more than it has stopped any previously. What it can do is continue to erode American liberty. This country is already unrecognizable as the same one that ratified the Bill of Rights. The Chris Christies and Michelle Bachmanns (she’s “one of them”) of this world are too busy cowering in fear to be concerned with “esoteric” subjects like the liberty and dignity of the individual.

Their opinions are not important. The people will decide whether a false sense of security is worth their liberty or not.

The first shot in this war has been fired. Amash lost the opening battle, but so did the colonists at Bunker Hill.

The real question that the American people will have to answer is this:

Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?

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

Thank God the 4th of July is over

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TAMPA, July 5, 2013 – Thank goodness the 4th of July is over. For those who believe in freedom, it has become unbearable.

On July 4th, 1776, a written document codifying the resolution passed two days earlier was approved by Congress. It declared to the whole world that thirteen of Great Britain’s colonies were seceding from the union. The document stated the Lockean principles upon which the decision was based and then listed the reasons why secession was necessary.

The modern U.S. government is far worse than George III’s. Today’s Americans not only fail to object, but celebrate its depravity.

Unqualified worship of the military is the most obvious example. Throughout human history, standing armies in times of peace have been the most recognizable characteristic of tyranny.

The 21st-century U.S. government and media invites Americans to thank the military for what little freedom they have left. Despite the complete absence of any cause-effect relationship between U.S. military adventures and the smattering of freedom Americans retain, they enthusiastically comply.

And where is this freedom the government supposedly secured by invading Korea or Afghanistan?

The “irony of the flag-waving masses slouching along in airport lines toward their inevitable date with the total state so that they could celebrate their liberty and freedom” was not lost on Daniel McAdams, but likely is on most Americans. Just watch them laugh and joke with government agents who literally bark orders at them before searching them without probable cause or a warrant.

It’s not just the airport. Any clear-thinking person recognizes the various domestic police forces as an army of occupation, complete with body armor, assault weapons and tanks. Yet, most Americans believe there are not enough of these “swarms of officers to harass our people and eat their substance.” This despite the U.S. having the largest prison population in human history, twice the size of present-day China’s, China’s population being five times as large.

The Constitution assumes law enforcement officers cannot even be trusted to arrest the right person after he has committed a crime. It requires them to get written permission from a judge to do anything. That concept is completely lost on most Americans, who teach their children police officers are their friends and their orders should be obeyed, whether they have been directed by a judge to issue them or not.

The entire paradigm of police officers patrolling the streets and supposedly “preventing crime” is completely antithetical to the principles of 1776. As Anthony Gregory observes, “Although there was plenty to object to in colonial law and law in the early republic, police as we now know them didn’t exist back then.” Nevertheless, conservatives are this institution’s biggest proponents. These are the “small government” people.

The colonists complained that George III’s army was insulated “from punishment for any Murders which they should commit on the Inhabitants of these States.” William Grigg’s blog has documented thousands of examples of the very same tyranny in 21^st-century America.

The Declaration cited “transporting us beyond Seas to be tried for pretended offences” and “depriving us, in many cases, of the benefits of trial by jury.” That referred to trying American colonists in public courts in England, sometimes by a judge instead of a jury. Today, the U.S. government transports its subjects to secret prisons all over the world without even bothering to charge them with a crime.

Or, they might just decide to summarily execute you and save the time and trouble.

Modern Americans hold up as heroes the presidents who have helped build this Orwellian nightmare. They revere those who have presided over massive expansions of government power and took their country into hugely destructive and largely unnecessary wars, while dismissing those who presided over relatively free and peaceful periods as “postage stamps.”

Worse yet, they dutifully join the government’s propaganda machine in engaging in the “two minute hate” against Edward Snowden, uncritically parroting the government’s charges of treason, even though no reasonable person could believe what he did constituted “levying War against them [the United States – plural], or in adhering to their Enemies, giving them Aid and Comfort.”

Charged with the same crime George III charged Washington, Jefferson, Adams and Franklin with, for resisting substantively the same tyranny, 21^st-century Americans side with the government that spies on them, routinely lies to them, plunders their wealth, controls every aspect of their lives and kills hundreds of thousands of civilians in undeclared wars.

As Johann Wolfgang von Goethe observed, “None are more hopelessly enslaved than those who falsely believe they are free.”

This has never been truer than in 21^st-century America on the 4^th of July. Thank God it’s over.

Libertarianism, anyone?

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

We’re all Osama Bin Laden now

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TAMPA, June 25, 2013 – Twelve years ago, the U.S. government demanded that the Taliban extradite Osama Bin Laden to stand trial for the 9/11 attacks on New York City and Washington, D.C. The Taliban responded similarly to how they had in the past to the same demand. They asked the U.S. government to obey the principles enshrined in its own Fourth Amendment and produce evidence of Bin Laden’s guilt.

The Bush Administration responded with carpet bombing, followed by an invasion.

Most Americans didn’t lose much sleep over Bin Laden’s rights being violated. He was the world’s most infamous terrorist. Had the U.S. been able to pinpoint his location and take him out with a missile or drone attack, there would have been no pundit debate about the constitutionality of the execution (and no, the constitution doesn’t apply only to U.S. citizens).

First, they came for the terrorists…

Flash forward twelve years and quite a few people are losing sleep. Not only has the government’s disregard for the Fourth Amendment “come home” to apply to every American, but all due process protections have been completely abolished. The government claims the right to search, spy on, arrest and detain you without probable cause or warrant. It even claims the right to kill you without charging you with a crime.

For war hawks, the year is perpetually 1939 and every tin pot dictator is Hitler, even if originally installed and supported by the U.S. government. We have been forced to pay for two completely useless wars over the past twelve years, with the specter of Nazi Germany and another Holocaust thrown in the faces of anyone who objected. Anything other than full commitment constitutes “appeasing a dictator,” the fatal mistake that led to WWII.

Yet, the abridged world history textbook that every neoconservative seems to have read apparently contains nothing else about Nazi Germany. It doesn’t seem to tell them anything about why Hitler was a dictator in the first place, long before the Holocaust got under way.

The truth regarding that question is stranger than fiction.

Five years earlier, Germany had suffered a spectacular terrorist attack. Someone set fire to the German parliament building, the Reichstag. Joseph Goebbels regarded the first report of the attack as “a tall tale” and hung up on the caller. Only upon receiving a second call did he believe the report and inform Hitler. Tragically, the eerie similarity to Bush’s reaction to 9/11 didn’t end there.

The Nazi’s blamed the communists for the fire, calling it “the most monstrous act of terrorism carried out by Bolshevism in Germany.” The next day, President Hindenburg signed the Reichstag Fire Decree (without a vote by the Reichstag), which suspended most civil liberties in Germany. This was followed later by the “Enabling Act,” which granted dictatorial powers to Hitler.

All of this was done to “fight the terrorists.” We’ve heard plenty about how not invading the next Middle East backwater would be tantamount to appeasing Hitler, but we haven’t heard a single pundit comparing what America has done to itself over the past twelve years to what Germany did to herself following the Reichstag Fire.

Am I the only one that finds that a little strange?

Sadly, neither country’s people resisted or even expressed reluctance at the surrender of their freedom. On the contrary, liberty died in both places “with thunderous applause.”

The Nazis started by setting up communists and Jews as enemies of the state. Civil liberties had to be set aside until this terrible “new threat” was defeated. But victory never came. Instead, the list of enemies got wider and wider and the police state became permanent. The Gestapo was empowered to spy on German citizens. “Papers, please” became the new normal. Kangaroo courts convicted “traitors and insurgents” without due process.

So far, the U.S. government has only executed a Muslim American citizen without a trial. It has only rounded up and indefinitely detained Muslims without a warrant or formal charges. But the definition of “terrorist” and “traitor” is slowly starting to expand. During the Bush Administration, anti-war protestors were viewed as unpatriotic. During Obama’s Administration, “right wing extremists” have been identified as potential threats.

First they came for the Muslims…

This article is published on a nationally known website. It is intended to be read by anyone who is interested in the subject. However, you may express an opinion not so intended to a friend or associate. If you do so by phone or e-mail, the government may examine it to determine if you represent a threat.

Who will speak up for you?

Jury nullification, not a pardon for Edward Snowden

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TAMPA, June 10, 2013 – The whistleblower who has risked his life and his freedom to expose the NSA’s domestic spying program has fled to Hong Kong. Caught red-handed violating one of the most fundamental limits on its power, codified in the Fourth Amendment, the federal government has responded predictably. It wants to prosecute its accuser.

While mainstream conservatives call for Hong Kong to extradite Snowden for trial, libertarian and civil libertarian groups have started a petition to get him pardoned. That’s the wrong solution.

Pardons are for people who have already been convicted. No jury with any sense of justice should allow that to happen.

Yes, there are plenty of laws that Edward Snowden probably broke, but as Thomas Jefferson famously said, “The law is often but the tyrant’s will.” Never was that truer than it is now.

You could also argue that Snowden broke a contract he entered into when accepting this employment and the security clearances that go with it. That’s probably true, but so did the federal government. It broke the contract known as the U.S. Constitution.

If the so-called “Justice Department” is successful in having Snowden extradited to the United States, he will have a jury trial. The jury will be instructed by a federal judge that their one and only responsibility is to weigh the facts and to determine whether there is sufficient proof that Snowden committed the acts alleged in the indictment. They will be instructed to consider nothing else in reaching a verdict. That leaves one question.

Who cares what the judge says?

Everyone on that jury will know why Snowden is being persecuted. It’s not like he sold defense secrets to a foreign enemy during a time of war. He told the American people about how their own government was spying on them. The juror who renders a guilty verdict in this case is betraying his country, not Edward Snowden.

At one time, juries were informed of their right to consider the justice of the law itself in addition to the facts of the case. If they believed they were being asked to convict a defendant of an unjust law, they were free to acquit the defendant.

They still are. They just aren’t told so by state or federal judges any more. That doesn’t change the fact that if a jury acquits Edward Snowden, there is absolutely nothing that the government can do about it. They can’t appeal a not guilty verdict. They can’t charge him again for the same crimes. The case is over and the people trump the government. That’s how it is supposed to work.

It’s equally important that there is no recourse against the jury, either. It’s not as if they can be prosecuted for rendering a verdict the government doesn’t like. Acquittal by a jury is as final as it gets. The government may try to drum up some other charges against the defendant, but they usually take their best shot first and the next jury could nullify as well.

The only question left is this: Are Americans so devoid of any sense of personal liberty, so completely brainwashed to obey authority without question that they would convict a man who has risked everything to defend their freedom?

I am calling on every eligible juror in America to take a stand right now. If you are called to serve on a jury for the trial of Edward Snowden, do not convict. I don’t care if he’s broken a thousand laws. We know what he did and why he did it. It is his accuser that needs to be put on trial, whether at the ballot box, in state assemblies or by other constitutional means. Let this government know that those who defend the U.S. Constitution against a government that violates it are safe in this country.

The line must be drawn here.

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

NSA out of control: We the people at fault

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TAMPA, June 6, 2013 – You can’t say the mainstream media went to sleep. Today, the front page of every major national news website is featuring reactions to Glenn Greenwald’s explosive report on the FISA court order that “requires Verizon on an “ongoing, daily basis” to give the NSA information on all telephone calls in its systems, both within the US and between the US and other countries.”

That means that the government is collecting information on every call made on Verizon’s service, regardless of probable cause or any suspicion that the parties have committed a crime. The Fourth Amendment was written specifically to prohibit this activity by the government. But they’re doing it, unapologetically.

The question is, what will this disturbingly subservient group called “We the People’ do about it?

It’s really time to stop making excuses. This has been duly reported by the media and it’s not like the people are powerless to do anything. When Congress first attempted to pass the infamous Emergency Economic Stabilization Act of 2008 (a.k.a. the “Wall Street bailout”), angry calls from voters caused the bill to be defeated in Congress. For one, brief, shining moment, there was real fear of the people on the faces of our so-called “representatives.”

After President Bush emerged from weeks of virtual silence to deliver his “support this bailout or the world will end” speech, the tone of the calls moderated and Congress felt sufficiently comfortable to pass the bill the second time around (bluffed by George W. Bush – now that’s embarrassing).

Regardless, the episode clearly demonstrated that if even a significant minority of the population cares enough to at least make a call to their representatives, they can affect the behavior of the beast on the Potomac.

Unfortunately, they usually don’t. In fact, anyone concerned about the size, power or cost of the federal government who thinks that it is somehow acting “unconstitutionally” really needs a reality check.

True, most of what the federal government does today isn’t authorized by the powers delegated to it in the yellow piece of parchment. In theory, that means that the people never consented to the government exercising the power and therefore it is illegitimate, even illegal. But that’s not really what “constitutional” has meant for most of human history or even what it has meant in practice for most of U.S. history.

Aristotle wrote about “constitutional government” long before any written constitution was attempted. Thomas Paine began his famous treatise with “Concise Remarks on the English Constitution.” He was not referring to a written document that specifically delegated which powers the English government could exercise (Magna Carta did not do this). There was no written English constitution.

So what did these writers mean by “constitution?” They meant the general understanding of most people in those countries about what powers the government had and how they were allocated between the various branches.

That is what “constitution” and “constitutional” has meant for most of human history and it is really the only practical definition. The attempt to codify limits on the government’s power in a written document has been a complete failure. The government simply interprets the words however outlandishly necessary to do what they want and get their high priests in black robes to pronounce their scheme “constitutional.”

And it is constitutional if no one objects. That’s reality.

Using this definition, the historical growth of the $4 trillion federal monster has been completely constitutional. Not only has there been little objection by the people, but they have for the most part overwhelmingly supported each new usurpation. The Federal Reserve was passed with overwhelming public support, as was the Income Tax. FDR was elected four times, three after his technically unconstitutional “New Deal” was clearly promulgated and understood by the people.

Just watch your fellow Americans laugh and joke with TSA agents while having their persons and property searched without a warrant or probable cause, even while the government puts its hands on their children. That makes it “constitutional” in the true sense of the word, the Fourth Amendment notwithstanding.

Even the Patriot Act enjoyed popular support, for the most part. Yes, there was some noise about it from liberals, but for the most part only because a Republican Congress and president passed it. Want proof? Count the number of liberals besides Greenwald presently objecting to Obama doing the very same thing they wanted Bush impeached for. You can keep one hand in your pocket.

Those few libertarians, Old Right conservatives and civil libertarian progressives who are still concerned about freedom here in the “land of the free” have to face the reality of what we’re up against. It is not a government acting against the wishes of the people. It is the people themselves, who have traded liberty for security, whether personal or economic, at every opportunity.

As James Madison said, “Democracy is the most vile form of government.”

Libertarianism, anyone?

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