Monday, December 15, 2008

The Bill of Rights: Preventing Government From Usurping The Peoples' Rights For 217 Years

George Mason, a member of the Continental Congress/Constitutional Convention, wrote, "The Eyes of the United States are turned upon this Assembly and their Expectations raised to a very anxious Degree." Mason had earlier written the Virginia Declaration of Rights that strongly influenced Thomas Jefferson in writing the first part of the Declaration of Independence. He left the convention bitterly disappointed, however, and became one of the Constitution's most vocal opponents. "It has no declaration of rights," he was to state. Ultimately, George Mason's views prevailed. When James Madison drafted the amendments to the Constitution that were to become the Bill of Rights, he drew heavily upon the ideas put forth in the Virginia Declaration of Rights. (Government Archives) They were originally introduced by James Madison in 1789 as a set of twelve amendments and came into effect on December 15, 1791, when they had been ratified by three-fourths of the States.(WIKI)

As most are aware one of my absolutely favorite of our previous Presidents of the United States is Honorable James Madison, Jr. of Virginia. His quote regarding religion and politics and civil society separation is on the header of my personal blog. He was the father of the Constitution, which we are currently allowing to be left on the floor like used bathroom tissue, as well as co author of the Federalist papers. It was his work during his time in the Colonial Legislature of Virginia and his strong oratory skills which gave us the benefits of the strongest ten protections from government intrusion into our lives and placing limits on the Constitutional authority or force that Government could exude against We The People without getting bitch slapped back in place by the Courts or the citizens.



Please take time to review and memorize these jewels of our liberty in law:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

We need to pay better attention to these Rights before we loose them, as they have already begun to be withered away and we have sat idly by and let it happen, for the sake of our national security and political stupidity. As Benjamin Franklin wrote in the Historical Review of Pennsylvania (1759), "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." If you don't believe me that we are getting ready to loose our rights or the Constitution all together read the article at the bottom that this latest resolution by the Libertarian National Committee is in response to:

RESOLUTION CONDEMNING DOMESTIC DEPLOYMENT OF THE U.S. MILITARY

WHEREAS, the domestic deployment of 20,000 uniformed military personnel planned by the United States government undermines the Posse Comitatus Act of 1878, which forbids the use of the military for domestic policing; and,

WHEREAS, such a deployment is an alarming example of the increasing militarization of our society; and,

WHEREAS, the increasing use of active duty military personnel, has led, and will lead, to the abuse of American civil liberties, such as violations of the Fourth Amendment; and,

WHEREAS, a state's National Guard – not active duty members of Army combat units – is the appropriate authority to handle local emergencies and disasters should they arise; and,


WHEREAS, the use of the 3rd Infantry Division 1st Brigade Combat Team during a time of war puts further tension on an already strained U.S. military.

THEREFORE, be it resolved, the Libertarian National Committee and its undersigned members hereby condemn the plans of the federal government to deploy 20,000 active duty members of the U.S. military to serve, for whatever reason, domestically in the United States. Furthermore, the Libertarian National Committee calls for the immediate abandonment of these plans, and instead suggests that should an emergency response team comprised of members other than local emergency responders (fire, police, HAZMAT) be developed and trained, it consist of members of the National Guard – not active duty personnel of the United States military.


The Libertarian National Committee calls for the citizens of the United States to oppose this militarization of our society, and its encroachment on American civil liberties, to their local, state and federal representatives.


Pentagon to Detail Troops to Bolster Domestic Security
By Spencer S. Hsu and Ann Scott Tyson Staff Writers
The U.S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to a nuclear terrorist attack or other domestic catastrophe, according to Pentagon officials.

The long-planned shift in the Defense Department's role in homeland security was recently backed with funding and troop commitments after years of prodding by Congress and outside experts, defense analysts said.

There are critics of the change, in the military and among civil liberties groups and libertarians who express concern that the new homeland emphasis threatens to strain the military and possibly undermine the Posse Comitatus Act, a 130-year-old federal law restricting the military's role in domestic law enforcement.

But the Bush administration and some in Congress have pushed for a heightened homeland military role since the middle of this decade, saying the greatest domestic threat is terrorists exploiting the proliferation of weapons of mass destruction.

Before the terrorist attacks of Sept. 11, 2001, dedicating 20,000 troops to domestic response -- a nearly sevenfold increase in five years -- "would have been extraordinary to the point of unbelievable," Paul McHale, assistant defense secretary for homeland defense, said in remarks last month at the Center for Strategic and International Studies. But the realization that civilian authorities may be overwhelmed in a catastrophe prompted "a fundamental change in military culture," he said.

The Pentagon's plan calls for three rapid-reaction forces to be ready for emergency response by September 2011. The first 4,700-person unit, built around an active-duty combat brigade based at Fort Stewart, Ga., was available as of Oct. 1, said Gen. Victor E. Renuart Jr., commander of the U.S. Northern Command.

If funding continues, two additional teams will join nearly 80 smaller National Guard and reserve units made up of about 6,000 troops in supporting local and state officials nationwide. All would be trained to respond to a domestic chemical, biological, radiological, nuclear, or high-yield explosive attack, or CBRNE event, as the military calls it.

Military preparations for a domestic weapon-of-mass-destruction attack have been underway since at least 1996, when the Marine Corps activated a 350-member chemical and biological incident response force and later based it in Indian Head, Md., a Washington suburb. Such efforts accelerated after the Sept. 11 attacks, and at the time Iraq was invaded in 2003, a Pentagon joint task force drew on 3,000 civil support personnel across the United States.

In 2005, a new Pentagon homeland defense strategy emphasized "preparing for multiple, simultaneous mass casualty incidents." National security threats were not limited to adversaries who seek to grind down U.S. combat forces abroad, McHale said, but also include those who "want to inflict such brutality on our society that we give up the fight," such as by detonating a nuclear bomb in a U.S. city.

In late 2007, Deputy Defense Secretary Gordon England signed a directive approving more than $556 million over five years to set up the three response teams, known as CBRNE Consequence Management Response Forces. Planners assume an incident could lead to thousands of casualties, more than 1 million evacuees and contamination of as many as 3,000 square miles, about the scope of damage Hurricane Katrina caused in 2005.

Last month, McHale said, authorities agreed to begin a $1.8 million pilot project funded by the Federal Emergency Management Agency through which civilian authorities in five states could tap military planners to develop disaster response plans. Hawaii, Massachusetts, South Carolina, Washington and West Virginia will each focus on a particular threat -- pandemic flu, a terrorist attack, hurricane, earthquake and catastrophic chemical release, respectively -- speeding up federal and state emergency planning begun in 2003.

Last Monday, Defense Secretary Robert M. Gates ordered defense officials to review whether the military, Guard and reserves can respond adequately to domestic disasters. Gates gave commanders 25 days to propose changes and cost estimates. He cited the work of a congressionally chartered commission, which concluded in January that the Guard and reserve forces are not ready and that they lack equipment and training.

Bert B. Tussing, director of homeland defense and security issues at the U.S. Army War College's Center for Strategic Leadership, said the new Pentagon approach "breaks the mold" by assigning an active-duty combat brigade to the Northern Command for the first time. Until now, the military required the command to rely on troops requested from other sources. "This is a genuine recognition that this [job] isn't something that you want to have a pickup team responsible for," said Tussing, who has assessed the military's homeland security strategies.

The American Civil Liberties Union and the libertarian Cato Institute are troubled by what they consider an expansion of executive authority. Domestic emergency deployment may be "just the first example of a series of expansions in presidential and military authority," or even an increase in domestic surveillance, said Anna Christensen of the ACLU's National Security Project. And Cato Vice President Gene Healy warned of "a creeping militarization" of homeland security. "There's a notion that whenever there's an important problem, that the thing to do is to call in the boys in green," Healy said, "and that's at odds with our long-standing tradition of being wary of the use of standing armies to keep the peace."

McHale stressed that the response units will be subject to the act, that only 8 percent of their personnel will be responsible for security and that their duties will be to protect the force, not other law enforcement. For decades, the military has assigned larger units to respond to civil disturbances, such as during the Los Angeles riot in 1992.

U.S. forces are already under heavy strain, however. The first reaction force is built around the Army's 3rd Infantry Division's 1st Brigade Combat Team, which returned in April after 15 months in Iraq. The team includes operations, aviation and medical task forces that are to be ready to deploy at home or overseas within 48 hours, with units specializing in chemical decontamination, bomb disposal, emergency care and logistics.

The one-year domestic mission, however, does not replace the brigade's next scheduled combat deployment in 2010. The brigade may get additional time in the United States to rest and regroup, compared with other combat units, but it may also face more training and operational requirements depending on its homeland security assignments.

Renuart said the Pentagon is accounting for the strain of fighting two wars, and the need for troops to spend time with their families. "We want to make sure the parameters are right for Iraq and Afghanistan," he said. The 1st Brigade's soldiers "will have some very aggressive training, but will also be home for much of that."

Although some Pentagon leaders initially expected to build the next two response units around combat teams, they are likely to be drawn mainly from reserves and the National Guard, such as the 218th Maneuver Enhancement Brigade from South Carolina, which returned in May after more than a year in Afghanistan.

Now that Pentagon strategy gives new priority to homeland security and calls for heavier reliance on the Guard and reserves, McHale said, Washington has to figure out how to pay for it. "It's one thing to decide upon a course of action, and it's something else to make it happen," he said. "It's time to put our money where our mouth is."

Washington Post | 01 DEC 08

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