Abraham Lincoln - “America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.”
Bill of Rights Amendment XIV
Section 1. … “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
When the World Trade Towers collapsed, most Americans simply refused to believe suggestions that the attacks had been staged by parties working for the US Government itself. Americans were afraid to, even as news reports surfaced proving that the US Government had announced plans for the invasion of Afghanistan early in the year, plans into which the attacks on the World Trade Towers which angered the American people into support of the already-planned war fit entirely too conveniently.
But so trapped are Americans by their belief in their own bravery that they will themselves to be blind to the evidence before their eyes, so that they can nod in agreement with the government while still imagining themselves to have courage, even as they avoid the one situation which most requires real courage; to stand up to the government’s lies and deceptions.
Immediately after the September 11, 2001 attacks the US Government requested temporary extraordinary powers, powers specifically banned under Constitutional law, but powers the government is claiming they need to have to deal with the “terrorists”.
The response of the United States Government to a frightened and enraged U.S. citizenry over the September 11 attacks on the Pentagon and World Trade Center has been eerily reminiscent of Hitler’s strategy following the burning of the Reichstag. As well, the rapidity and recklessness with which the Bush administration and the U.S. Congress have abrogated the Bill of Rights places the U.S. Government squarely in the same camp with the “enemies of freedom” they purport to oppose.
The Anti-Terrorism Act of 2001
The U.S. House of Representatives Judiciary Committee steam rolled through the US Congress a bill which would dramatically increase the power of U.S. law enforcement agencies. Attorney General John Ashcroft insisted that the FBI needed additional surveillance and enforcement powers immediately and the Department of Justice demanded the bill be enacted by September 28. The House Judiciary committee was scheduled to vote on the Bush administration’s bill on the morning of September 25; however, in response to an outcry the vote was rescheduled to take place only two days after the catastrophic attacks on the World Trade Center and the Pentagon. The Senate voted for anti-terrorist legislation which increased Internet surveillance after senators were given just 30 minutes to read the measure.
The Anti-Terrorism Act of 2001 eliminated the legal requirement for government agents to obtain permission from a judge before being allowed to search homes and download computer files. Under the law, the information gathered could be used in court, a legal change which presently violates constitutional protections against search and seizure. The bill would also eliminate the requirement for a judge to sign a warrant in order for government agents to obtain billing records from hotels, phone companies, and other businesses, replacing judicial review with an administrative subpoena. Essentially, agencies would be able to sign their own search warrants and conduct searches in routine secrecy, without having to notify the subject of the search.
Additionally, this law gives broad surveillance powers to the federal government, and authorizes the issuance of wiretaps by a secret seven-judge court in Washington, D.C. The DOJ bill imposes a host of Wiretap Act expansions which are not limited to terrorism investigations, and which vastly increase the power of the federal government to conduct surveillance of the reading habits and correspondence of the American people. The DOJ bill expanded the power of the police to record the phone numbers of incoming and outgoing phone calls on a phone line to include surveillance of Internet surfing and e-mail.
Coverage on Monday, September 24, of the Anti-Terrorism Act was limited to Attorney General John Ashcroft’s testimony urging hasty passage of the sweeping new police powers sought by the Bush administration. Although Ashcroft’s testimony was open to television cameras, the committee’s Republican staff ordered camera crews to leave when civil liberties and free-speech advocates were called to testify. This happened in violation of House rules which state, “Whenever a hearing or meeting conducted by a committee or subcommittee is open to the public, those proceedings shall be open to coverage by audio and visual means.”
“The Patriot Act: The Most Abominable, Unconstitutional, Hateful Law from the Point of Freedom since the Alien & Sedtion Act of 1798!” - unconstitutionality of the act is that it violated the Tenth Amendment: “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.”
The Office of Homeland Security
On the evening of September 20, 2001 President Bush allied himself with the worst enemies of freedom. He made a seemingly innocuous — even a comforting-sounding — announcement. He said he had created the cabinet-level Office of Homeland Security, with Pennsylvania governor Tom Ridge as its head.
Most people were utterly unaware of the significance of Bush’s new bureaucracy. But for anyone watching the advance of police-state policies in America, absolutely nothing could have been more ominous. The Homeland Defense Agency is not a new idea. Conceived by a bi-partisan commission headed by former senators Gary Hart and Warren Rudman, this Clinton-era conception, ‘The Phase III Report Of The U.S. Commission On National Security/21st Century,’ is nothing less than the framework for a permanent military-bureaucratic American police state.
The new Homeland Defense Agency is the lynchpin of a plan that extensively reorganizes both the executive and legislative functions of the U.S. government. Among other things, the plan makes the National Guard a national police force. It extensively federalizes both the study and the work of science, mathematics, and engineering. It creates numerous new sub-bureaucracies. The Homeland Security agency itself is to ‘be built upon the Federal “Emergency Management Agency, with the three organizations currently on the front line of border security - the Coast Guard, the Customs Service, and the Border Patrol - transferred to it.’ The plan calls for the new agency to oversee activities of the Department of Defense, as well as to assume a variety of duties now held by agencies from the Department of Commerce to the FBI.”
Bush: “If I take away our freedom then they can’t hate us for it”
The US people has yet to realize that their own government is intentionally destroying their own country. bin Laden didn`t take away your freedom the Bush administration did. bin Laden didn’t attack the US on September 11, 2001 the Bush administration did. bin Laden isn`t kidnapping, torturing and detaining without charge thousands of foreigners and US citizens, the Bush administration did and Obama has ordered these illegal actions to continue. bin Laden and phantom terrorists aren`t bankruptcy the US, the Bush administration did and Obama is putting the nail in the coffin.
The US government hates your freedoms - your freedom of religion, your freedom of speech, your freedom to vote and assemble and disagree with their illegal policies and agendas.
The events of September 11, 2001 should have strengthened the resolve of the US government to work harder to safeguard the rights and freedoms of the US people. After all it is the stated policy of the US government to “not negotiate with terrorists”. After all George W Bush accused bin Laden and terrorists of trying to take away your freedom. Bush stated “On September the 11th, enemies of freedom committed an act of war against our country. … They hate our freedoms — our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other.”
bin Laden didn’t draw up the Patriot Act - the US government did.
“Just six weeks after the September 11 attacks, a panicked Congress passed the “USA PATRIOT Act,” an overnight revision of the nation’s surveillance laws that vastly expanded the government’s authority to spy on its own citizens and reduced checks and balances on those powers, such as judicial oversight. The government never demonstrated that restraints on surveillance had contributed to the attack, and indeed much of the new legislation had nothing to do with fighting terrorism. Rather, the bill represented a successful use of the terrorist attacks by the FBI to roll back unwanted checks on its power. . . . Under these changes and other authorities asserted by the Bush Administration, U.S. intelligence agents could conduct a secret search of an American citizen’s home, use evidence found there to declare him an “enemy combatant,” and imprison him without trial. The courts would have no chance to review these decisions — indeed, they might never even find out about them.” ~ Jay Stanley and Barry Steinhardt,
USA PATRIOT ACT of 2001 - aka “Public Law No: 107-56,” aka “Ashcroft’s police-state bill,” illegally passed into law on 26 October 2001.
* Section 106 - Unlawful PRESIDENTIAL AUTHORITY (seizure of assets without due process)
* Section 201 - Unlawful AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO TERRORISM
* Section 202 - Unlawful AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE OFFENSES
* Section 203 - Unlawful AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION
* Section 206 - Unlawful ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
* Section 207 - Unlawful DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS WHO ARE AGENTS OF A FOREIGN POWER
* Section 213 - Unlawful AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT
* Section 215 - Unlawful ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
* Section 216 - Unlawful MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES
* Section 218 - FOREIGN INTELLIGENCE INFORMATION
* Section 316 - Unlawful ANTI-TERRORIST FORFEITURE PROTECTION
* Section 351 - Unlawful AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES
* Section 358 - Unlawful BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED STATES INTELLIGENCE AGENCIES TO FIGHT INTERNATIONAL TERRORISM
* Section 411 - Unlawful DEFINITIONS RELATING TO TERRORISM
* Section 501 - Unlawful ATTORNEY GENERAL’S AUTHORITY TO PAY REWARDS TO COMBAT TERRORISM
* Section 802 - Unlawful DEFINITION OF DOMESTIC TERRORISM
* Section 808 - DEFINITION OF FEDERAL CRIME OF TERRORISM
* Section 901 - Unlawful RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE REGARDING FOREIGN INTELLIGENCE COLLECTED UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
* Section 904 - Unlawful TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS OF REPORTS ON INTELLIGENCE AND INTELLIGENCE-RELATED MATTERS
* Section 1008 - Unlawful FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER SCANNING SYSTEM WITH ACCESS TO THE FBI INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AT OVERSEAS CONSULAR POSTS AND POINTS OF ENTRY TO THE UNITED STATES
The Patriot Act took away the rights and freedom of the US people. It infringed and denies the people of the United States of American their inalienable rights and freedom. See for yourself. The Bill of Rights has been attacked by the both the Bush and Obama government. The Patriot Act clearly violates the US supreme law, the US Constitution. The Patriot Act clearly is in violation of the First Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, Eighth Amendment, Ninth Amendment and Tenth Amendment. The Bush Administration’s Patriot Act is clearly in violation of US Law. It is an attack on the rights and freedoms of the US people.
The Bill of Rights
The Preamble to the Bill of Rights:
Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
* First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition
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.
* Second Amendment – Right to keep and bear arms.
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.
* Third Amendment – Protection from quartering of troops.
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.
* Fourth Amendment – Protection from unreasonable search and seizure.
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.
* Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for any 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.
* Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
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 where in 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 defense.
* Seventh Amendment – Civil trial by jury.
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 re-examined in any court of the United States, than according to the rules of the common law.
* Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
* Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
* Tenth Amendment – Powers of states and people.
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.
The USA Patriot Act is forbidden by The United States Constitution - a Bill of attainder
A bill of attainder (also known as an act or writ of attainder) is an act of the legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial. The United States Constitution forbids both the federal and state governments to enact bills of attainder, in Article 1, Sections 9 and 10, respectively. It was considered an excess or abuse of the British monarchy and Parliament. No bills of attainder have been passed since 1798, that is until 2001. The Bush administration illegally passed a bill of attainder when they drew up and made law the USA Patriot Act. The Patriot Act is the US government usurping the law by declaring unjustly and unlawfully a person or group of persons guilty of some crime and punishing them without benefit of a trial. The Bush administration violated US law when he and his government imposed the designation of “enemy combatant,” on all who opposed the Bush administration’s policies and agendas, not only in Iraq or Afghanistan but within the United States itself. The designation of “enemy combatant” and the new Obama designation of “unlawful combatant” falsely and unlawfully allowed the United States government to hold suspected terrorists at length without criminal charges. The “enemy combatant” or “unlawful combatant” designations are both bill of attainders that illegally declares a person or group of persons guilty of some crime and punishing them without benefit of a trial - The United States Constitution forbids both the federal and state governments from enacting such illegal bills of attainder.
The provision in the United States Constitution forbiding both the federal and state governments from enacting bills of attainder reflects the importance that the framers attached to this issue, since the unamended constitution imposes very few restrictions on state governments’ power.
Within the U.S. Constitution, the clauses forbidding attainder laws serve two purposes. First, they reinforced the separation of powers, by forbidding the legislature to perform judicial functions—since the outcome of any such acts of legislature would of necessity take the form of a bill of attainder. Second, they embody the concept of due process, which was later reinforced by the Fifth Amendment to the Constitution. The text of the Constitution, Article I, Section 9; Clause 3 is “No Bill of Attainder or ex post facto Law shall be passed”. The constitution of every State also expressly forbids bills of attainder. For example, Wisconsin’s constitution Article I, Section 12 reads:
No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed, and no conviction shall work corruption of blood or forfeiture of estate.
Contrast this with the subtly more modern variation of the Texas version: Article 1 (Titled Bill of Rights) Section 16, entitled Bills of Attainder; Ex Post Facto or Retroactive Laws: Impairing Obligation of Contracts: “No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made”.
The precedent that best reflects most of the original intention of the mandates is from Cummings v. Missouri. It states
A bill of attainder, is a legislative act which inflicts punishment without judicial trial and includes any legislative act which takes away the life, liberty or property of a particular named or easily ascertainable person or group of persons because the legislature thinks them guilty of conduct which deserves punishment.
The stated purpose of the USA Patriot Act is to “deter and punish American terrorists in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.” One criticism of the Act is that “other purposes” often includes the detection and prosecution of non-terrorist alleged future crimes.