Robert Reich: Why the CONSTITUTION prevents Trump from running for high office in 2024, and much more

 This might be arguable, but it makes perfect sense to me; and for any new readers here, I'm not a Republican or a Democrat.  I must admit, though, I believe Trump is not only incompetent for high office, but dangerous as well.  In my opinion, he's the worst President we've had in my lifetime, and I'm eighty years old.

https://www.youtube.com/watch?v=s5ffe7MYSo8

Of course, we must keep in mind that about half the time our elected officials in the Fed Gov't ignore the Constitution, and do whatever is expedient in various situations.  If you don't think so, consider the following.  A few Laws passed by Congress clearly violate the Fourth Amendment.  FISA and the FISA Court violate the Fourth and Fifth Amendments.  The PATRIOT Act violates the Fourth Amendment.  In addition, the NSA - created by President Harry Truman, but not revealed to the Public until 1975 - absolutely violates the Fourth Amendment.  Many legal scholars agree with all the above.  So does the ACLU.

 https://www.youtube.com/watch?v=tBbELqqSyek

How can this be in the "Land of the Free"?  How are these violations permitted by We the People?  I think it's due to poor education, Establishment propaganda, and distractions via the Rat Race and "bread & circuses".  We the People have lost our vigilance because we're under-educated, over-propagandized, and too busy to notice the erosion of our freedom.  AND/OR - we've become apathetic because we don't believe anything can be done about the decades-long coup by the Corporatocracy.

Surely it's not that last item above.  People are waking up.  Worldviews are changing.  Peaceful change is underway in many areas.  Not much is coming from the Top down, so communities are making changes from the grassroots up.  Those changes are in agriculture, in employment, in consumption, in politics, in resilience, in ethics, and in lifestyles.  Because of all that, Oligarchs/Plutocrats seem to be a little more worried lately.

https://www.youtube.com/watch?v=bbbgfnpJN9w

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Not only my opinion.  Be Well

Here's Something That Trumps Trump...and Hillary, et. al.

The Don's latest utterances, which were largely critical of (or demeaning to) the Muslim parents of a U.S. Army Captain who was killed serving in Iraq, were truly beyond the pale.  All Trump supporters should be thoroughly embarrassed.  The father, Mr. Kahn, rightly had suggested that Trump should read a copy of the U.S. Constitution.

In particular, Mr. Trump, it would serve you well to study the First, Fourth, Fifth, and Sixth Amendments.

Hillary, as well, would be served by reading especially Article I, Section 8.  I suggest, Ms. Clinton, you concentrate on the clauses regarding war, captures on land & sea, and assassinations (Letters of Marque and Reprisal).  Please have your buddy, the President, re-read those parts, too.  Our Leader, the Constitutional Scholar, apparently has no common sense when it comes to those clauses.

Finally, to all the above and all high-level politicians in D.C., it's way past time for you to review this simple fact, and apply it to your work:  no law---not the PATRIOT Act, not the War Powers Act, not the National Defense Authorization Act, not even any Act (or Executive Order) proposed by Trump---over-rides the Constitution.  The Supreme Law of the Land cannot be negated simply because certain propagandists ram a 342-page Bill through Congress that no one has had time to read...and only two copies were available to members of the House (who were in session all night)...and that was written long before 9-11.  [I refer to the infamous, unconstitutional PATRIOT Act, officially known as the USA PATRIOT Act, which stands for:  "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001".]

Again--- no law (or Exec. Order) trumps the U.S. Constitution, not even laws that Trump says he'll get through Congress...such as a law requiring all Muslims to be "registered" (which clearly would be unconstitutional...and un-American).

Not only my opinion.  Be Well

Here's How They Do It -OR- The Biggest Flaw in the Constitution

"They" are the Neoliberals who over decades and by sheer, disorganized, dumb luck have brought about a coup in our Government.  For years I wondered how so many unconstitutional laws could come into being in this Land with barely a peep of protest from anyone.  I think perhaps finally I've figured it out.  Over the years, now and again, I heard this-or-that politician mention the "necessary and proper" clause of the Constitution; but I never paid much attention to it until recently.

"The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
~ Article I, Section 8, Clause 18, United States Constitution

The Powers mentioned in that clause, "...the foregoing Powers, and all other Powers...", are those delegated by We the People to our Federal Government.  They are the Enumerated Powers that we have given to the Congress, the Executive Branch, and the Judicial Branch.  The Government has only those Powers.  Unfortunately, going all the way back to our Founding Fathers, some have claimed that Article I Section 8 Clause 18 gives other, implied Powers to the Government.  Hamilton and Jefferson debated that very point.

Alexander Hamilton was the Founder who proposed that our Gov't should be that of a Monarchy; he wanted a King as our leader.  Luckily, that idea quickly was scrapped.  Nonetheless, Hamilton kept fighting for a central government bordering on dictatorial.  He wanted a central bank, and he claimed that Article I Section 8 Clause 18 gave the Gov't implied Powers.  Hamilton argued that the sovereign duties of a government implied the right to use means adequate to its ends, regardless of specific Enumerated Powers.  Jefferson opposed him at every turn until Hamilton was killed by Aaron Burr in a duel, July, 1804.  Nevertheless, the seed had been planted.  Supreme Court Chief Justice John Marshall and others promoted the idea that the Government had implied powers.  At times, the "necessary and proper" clause was referred to as the "elastic clause".

The idea eventually lost favor in the late 1800s up until the 1930s.  With the Roosevelt Administration, the "elastic clause" was back in favor... and as the Fed Gov't expanded, the idea became more and more the flavor of the day.  As that happened, "Legislative Absolutism" took hold more and more.  In 1901, Supreme Court Justice Harlan coined that term, warning of a time when unconstitutional laws would be passed as a matter of course.

Any examination of the "necessary and proper" clause with a view toward common sense tells us that no additional Powers are implied by it.  Furthermore, it makes ZERO sense that so-called "implied" powers would be able to result in a law which would essentially nullify any specific written clause in the Supreme Law of the Land.  Finally, the use of "implied" powers apparently is virtually without limits.  It's whatever an indoctrinated, propagandized public will tolerate.

EXAMPLE---  The so-called PATRIOT Act essentially nullifies the Fourth Amendment.  Gathering of bulk data is permitted... without the people being intruded upon having to be suspects of any kind.  In addition, FBI Agents can write their own Search Warrants... the Fourth Amendment makes it clear that judges must issue those.  Finally, other portions of the Act violate the Due Process Clause of the Constitution.  [So do portions of the National Defense Authorization Act, the NDAA.]

All the "necessary and proper" clause is saying is this:  Congress can pass Laws in order to implement the specific Enumerated Powers that were delegated to them by We the People.  Nowhere does it say or imply that Laws contravening the Constitution may also be passed.  Only an attorney with no common sense would infer such a thing from that clause.  Both Hamilton and Marshall were attorneys.  [My admittedly limited experience with attorneys tells me that very few of them have any common sense whatsoever.  They appear to live in a very esoteric world; as with everything, I'm sure there are exceptions.]

My conclusion is that certain people in our political history wanted a way around the constraints of the Constitution.  It appears they desired a central government so strong that it bordered on dictatorial.  To achieve that objective, they inferred from primarily the "necessary and proper" clause, but also from the "commerce" and "general welfare" clauses, so-called implied powers.  I see that as pure BS.  I sincerely doubt that it was the intention of almost all our Founders to give the Government unknown, virtually unlimited Powers that could, in fact, contravene the listed or Enumerated Powers delegated by We the People.  That makes no sense... and more importantly, it makes the Constitution worthless.  The primary purpose of the Constitution is to restrain/constrain government; that's not possible if we accept the concept of "implied powers"... which can be almost anything.

Not just my opinion.  Be Well
p.s.  Special thanks to my good friend in Sacramento, Bob, for triggering the theme of this piece.

The Consummate Liar Strikes Again

Obama's lies have become so blatant that even a person who is totally apathetic and ignorant of politics must be able to detect them... at least, I would think so.  Following are just a few of his latest attempts at deception.  Feel free to laugh, cry, or sigh... or cuss.

1.  Regarding the Obama-Osama story, the Administration claims there are too many assertions by Hersh to respond to any of them.  What a cop-out.  So much for accountability.  Obama, through spokesmen, claims the whole Hersh story is false; we are supposed to simply accept their word.  Personally, given the President's record, I would believe Sy Hersh over Barack Obama any day of the century.

2.  Regarding his support for the TPP---
Obama claims he fought hard for banking regulations after the 2008 Crisis, so "Why would I sign something that rolls back those protections?".  His implication is that parts of the TPP do not roll back protections against crooked mega bankers.  That's a bald-faced lie.  In addition, the regulations he supported back when were nothing but window-dressing.  Finally, he signed the fairly recent omnibus spending bill that included an Amendment written by Citi-Group lobbyists which did roll back the paltry protections of Dodd-Frank.  Obama must believe that we have the shortest memories in the history of Humanity... or, he simply doesn't give a damn about what we think... or???

3.  Obama continues to claim that NSA dragnet, bulk collection of our records (phone, email, other internet use, credit cards) is legal.  Just the other day, a Fed Appeals Court vigorously disagreed and called the bulk collection "unprecedented and unwarranted".  The Court went on to say that the Executive Branch doesn't even pretend that such collection is related to any "specific, defined inquiry".  All that makes the whole business a blatant violation of the Fourth Amendment.  Given his Constitutional Law education, Obama must know that.

4.  Obama lies by omission.  Not long ago, he stated that "No one is listening to your phone calls.".  He left out this:  one of the Snowden documents revealed that calls are being recorded automatically, and that the NSA has the technology to enable a key-word search and then generate a transcript of the conversation.  All of this is done by high-speed computers because of the billions of calls involved.  So, the end result is the same as if someone were listening to your calls.  Even if there were no key-word searches or transcripts, simply recording the numbers of whom we call (without a specific reason or specific warrant to do so) is plainly unconstitutional.  Read the Fourth Amendment:  the word "effects" surely includes our records.  Obama must know that.
....................................................................
Yes, other Presidents have lied and violated the Constitution.  That's no legitimate excuse for the current President to do the same.  Democrats and Republicans (at the highest levels) both appear to believe that the U.S. Constitution is a Menu... just pick out what you like and discard the rest.  These same Democrats and Republicans appear to believe in Legislative Absolutism, a term coined by a Supreme Court Justice, Harlan, in 1901.  The term means passing laws that violate the Supreme Law of the Land... such as the misnamed PATRIOT Act.  This will all continue until We the People peacefully put a stop to it.

Not just my opinion.  Happy Trails

The Whole Political Spectrum is Wrong RE the Constitution - WHY?

From Article I, Section 8 of the Constitution...(in the war- making clause)--- [The following is one of the duties of CONGRESS. Article I enumerates the responsibilities of both Houses of  Congress]--- "...make Rules concerning Captures on Land and Water". Last I heard, the CIA, Military Intelligence, the President, or any part of the Pentagon are not members of Congress.  That means Guantanamo, CIA Black Sites,  "enhanced interrogation", etc. were/are all unconstitutional. [Most "Liberals", Democrats,  and Republicans appear to support all of what's below. What's remarkable is that  most so-called "Conservatives"  and "Libertarians" seem to be  the biggest supporters of  those items below.  One would  think they would be the greatest supporters of the Constitution,  the bedrock document of the Republic. Nope, no luck there.] Add the unconstitutionality described above to the fact that, thanks to the PATRIOT Act, FBI Agents now can write their own Search Warrants (no judge required), a clear violation of the 4th Amendment, and U.S. citizens (here, on our soil) now, thanks to the NDAA, can be held indefinitely without trial or  any kind of due process, a clear violation of the 5th Amendment, and several other  blatant violations of the Supreme Law of the Land, and it's plain that the  Republic of the USA exists in  name only. "Conservatives" and "Libertarians" are the most vociferous defenders of these VIOLATIONS of the Constitution. That's quite remarkable, and a testament  to how powerful the Oligarchical Propaganda has been in the last 15 yrs or so. [The two segments of the political spectrum at the beginning of this paragraph are in quotes because: 1. there are no more Conservatives in the USA to my knowledge... only NeoConservatives, a horse of an entirely different color; and 2. Libertarians here are not the original, traditional Libertarians of the past... again, a horse of an entirely different color.]  Not just my opinion.  Be Well p.s.  In talking about any and all members of the groups mentioned above, I'm referring  primarily to those individuals at the highest levels,  not those at street level.

Signs That the Elites in Our Gov't Have Lost It (Edited 3-25-14)

1. It appears that the Executive Branch is spying on the Legislative Branch because the latter is investigating the former for alleged acts of torture.

2. James Clapper, the Head of Intelligence, lied before Congress...which is a felony in this country.  There are no consequences suffered by Mr. Clapper.

3. President Obama marks terrorist suspects in various countries for death by assassination.  "Collateral damage" (the death and maiming of innocent civilians) continues---about 1400 in Pakistan so far--- despite White House claims of "precision" and "minimal loss of innocent civilians".

4. Various sections of the Constitution (e.g., the First Amendment, the Fourth Amendment, Article II Section 2, in fact---all of Article II, which is the portion dealing with the Executive Branch, and others) now mean pretty much whatever the Gov't desires them to mean.  [This is not unique to the Obama Gang...other White House Gangs have been just as guilty; so too have various Legislative and Judicial Gangs.]

5. Russia is being criticized and punished for violating International Law.  You see, when they do it, it's a crime.  When the US Gov't does it, it's "spreading democracy" or "a humanitarian mission"... or "in the interests of the security of the USA".  The US Elites never commit crimes; everyone knows that.  That's because US Elites are, you know, "exceptional", "special", and beyond question as to morality.  Besides, they have the biggest guns.  Apparently, might makes Right.

6.  It would seem, according to the actions of the US Gov't, that the Pakistani People have no sovereignty.  Their Gov't has asked the US Gov't to stop launching Hellfire missiles onto their territory.  The US essentially has said:  Frack You.  It would seem that the Big Bully US Gov't gets to decide who has sovereignty and who doesn't.  This whole scenario, of course, is not a crime...because US Elites are ordering it.

7. For decades, the US Gov't has done what it can to oppose the peace process in the Middle East.  That continues today.  I say that because the only acceptable proposals (in the Elites' eyes) are those made by the US and Israel.  Even though the overwhelming majority of people in the world believe that Israel is in the Occupied Territories illegally, that doesn't count.  Leaving is not an option.  Israel should be able to continue evicting Palestinians and bulldozing their houses...because, you know, that's how we get peace.
[NOTE:  Some people seem to have forgotten that just before Israel became a nation, when that land still was British Palestine, men like Menachem Begin were bombing hotels there...they were terrorists.  Those who live in glass houses shouldn't throw stones at others.]

8. According to the Elites in our Gov't, inflation is low in this country.  That's because when figuring the rate of inflation, they don't count the rises in the cost of food, energy, and housing.  No wonder inflation is "low".

9. The NSA has plans to infect (using automated systems) millions of computers...and has impersonated the Facebook server...in order to gather more bulk data...on everyone.  It has done so with no probable cause, and no proper warrants.  Obama claims it's all legal, and there's "oversight".  Yes, we've seen some of that oversight---Clapper lied to Congress.  Here's how "oversight" works:  a representative of the appropriate Executive Department appears before the Congressional Oversight Committee...and tells the truth when answering questions, or lies, or both.  No one knows for sure...unless a whistleblower such as Snowden releases documents to the public.

10. Whistleblowers are being smeared and criminalized.

11. Independent journalists are being smeared, and in some cases, criminalized.

12. You now can become a "terrorist suspect" by reading the "wrong" thing on the internet.  Even if you're later cleared of suspicion, you're already in the information system in probably a thousand places.  That system is too unwieldy too manage properly.  There's a definite chance that you're screwed.  Ask Cat Stevens.

13. The Heads of mega corporations can buy their way out of Fed criminal prosecutions by paying a fine amounting to billions of dollars.  A top executive in a mega bank involved in a case recently sent an email to a colleague stating, "Just throw some money at it, it'll go away."  The Feds don't prosecute the top cronies in Big Business...the geese that lay the golden eggs...for campaign financing.

14. A Fed Gov't official recently stated, "I would gladly walk up to Edward Snowden and shoot him in the head."  As far as I know, that official is still on the job.

15. Presumption of innocence apparently no longer exists in the minds of some in our Gov't.  Suspects are being assassinated overseas in the name of We the People.  At least two American citizen suspects have been so assassinated. 

16. Though we're not constitutionally at war, the Elites have propagandized us into believing that we legally are in an actual war.  They've convinced us that the War Powers Act somehow trumps the Constitution, which is impossible.  No Legislative Act trumps the Supreme Law of the Land.  They've also convinced us that the President can do pretty much as he pleases with the American military...because he's Commander-in-Chief.  To the Elites, that means he's not constrained by the constitutionally permitted uses of the military.  Hello...that's false.

17. Thanks to the misnamed PATRIOT Act, FBI Agents can write their own search warrants...a blatant violation of the Fourth Amendment.

18. Thanks to the Supreme Court decision in Kelo v. the City of New London, governments now can seize private property under Eminent Domain and sell or give that property to private developers.  Supposedly, the "public use" in that scenario are the taxes generated by the development.  Essentially that means anyone's property can be seized at any time and sold to private entities.  Incredible.

There is a better way, but first we have to stop drinking the Propaganda Kool Aid.

Be Well

These Things are Un-American

For many years, I've seen an incredible amount of Edward Bernays-style propaganda foisted upon the inhabitants of this country.  [That type of indoctrination aided our Gov't in overthrowing the democratically elected government of Guatemala in the '50s.  The Feds did the same in Iraq, when Saddam worked for the CIA, and the same in Iran during that time period.]  I've been here in the USA for a bit over seven decades, all my life, and love this land and its People... especially the American West.  For decades, however, the U.S. Gov't (in collusion with mega corporations) has committed a long list of un-american activities.  The list is so long, and still growing, that I can present only a few of those activities here today.  The following are un-american...and are killing this country.

1.  Holding suspects without any kind of trial for years and years is an obscenity.  Gitmo is a shame.  Even Bradley Manning was held for three years before a trial.  This is as wrong as it can be...and violates our founding principles.

2.  Murdering two American citizens, one of them a 16-year-old boy, is beyond an obscenity.  His father was accused of running an Al Qaeda website and promoting jihad... so our President marked him for death.  Never mind that Letters of Marque and Reprisal, permitted under our Constitution, can be issued only by the Congress.  Why?  Because that's too grave a thing to be left up to only one person.  With the NDAA (National Defense Authorization Act), any U.S. President now can have any American terrorist SUSPECT executed without a trial, even on our soil...that's according to several sources, including an article in Forbes.  That violates the U.S. Constitution.

3.  Ignoring the Constitution is a violation of the Supreme Law of the Land.  It makes our elected officials truly Outlaws.  The instances of such violations are so numerous that I couldn't complete a list of them if I worked on it for 24 hours a day for the rest of my life.  That's my best guess, and I don't believe it's an exaggeration.  Following are just a few examples of those violations.

4.  The PATRIOT Act and spying on Americans--- meta-data mining, and worse.  The Fourth Amendment states VERY clearly that we are to be secure in our persons, houses, papers, and effects, against unreasonable searches and seizures...unless there's a proper warrant..."particularly describing the place to be searched, and the person or things to be seized".  You don't have to be an attorney to understand that; an eighth grader knows the meaning of it.  The PATRIOT Act does not supercede the U.S. Constitution; no law does.  It does, however, violate the Constitution; therefore, under our system of government, it is automatically null and void.  Period.

5.  Article I, Section 8, Clause 5 (if I recall the Clause correctly) charges Congress with the task of regulating the value of our money...but that duty was turned over to the newly created Fed Reserve by the 1913 Fed Reserve Act.  That law, in effect, amended the Constitution without the formal Amendment process.  The trouble is...no law supercedes the Supreme Law of the Land.  The Fed Reserve is a system of privately owned banks...and the Fed Reserve Act was written by a group of private mega bankers.  The conflict of interest is blatant.  Supposedly, the FED is overseen by the Gov't...that's an utter, cruel joke.  As Greenspan stated, back when, on a PBS News Hour interview, "No one has authority over us."...unfortunately, that's true.  As the former House Representative, Alan Grayson, discovered in a Hearing with former Fed Chairman Bernanke, billions of dollars have been sent to banks overseas, but the Chairman didn't know exactly where it went...not even vaguely.  There is almost zero accountability when it comes to the FED.

6.  As I've pointed out before, there are only three constitutionally permitted uses of the U.S. Military.  Two of them are so similar that I usually say there are only two.  The Supreme Law of the Land permits our military to be used only for these purposes:  to repel invasions; to quell insurrections [in this country]; and to enforce the Law of the Land [if some group is defying our law, as in the case of integration of schools in the South in the '60s].  To increase the number of uses of the military, our Gov't has passed laws such as the War Powers Act and the National Defense Authorization Act.  The problem is...no law supercedes the Constitution.  Our Outlaw Fed Gov't (those at the highest levels) is aware of that full well.  So, all of the current uses of the military in policing the world, are blatantly unconstitutional.  There is no question about that.

7.  Treaties and other International Agreements, such as NAFTA, CAFTA, TAFTA, and the TPP, along with membership in organizations such as the WTO, the IMF, and the World Bank, virtually have given away or sold for a song a large portion of our sovereignty.  I've discussed all that in other posts on this Blog; no time or energy to repeat it now.  Through the use of propaganda, our Gov't and the Corporatocracy basically have sold us down the river via these mechanisms.  It all sounds great when they sell it, but then wealth is transferred to the upper crust and jobs go overseas or South of the Border.  Worse still, we become subjected to binding rules not created by our supposed representatives in DC.

8.  Perpetual War, including the so-called War on Drugs, has turned this beautiful land into a Fascist State...the Constitution essentially has been shredded, privacy is becoming a thing of the past, and the super-rich are getting exponentially richer at our expense.

There is a better way... but first, we must stop drinking the Propaganda Kool Aid.  [Do a YouTube Search for the 10-minute video, Financial Crime.  That's a good start.]

Just my opinion.

This, That, and the Other--- The Arrogance of the Oligarchs

1.  Hopefully you've heard of the TPP, the Trans-Pacific Partnership.  It's another so-called "Free Trade" agreement...that has almost nothing to do with trade, but almost everything to do with the Corporate Oligarchy re-writing the laws of individual countries, creating extra-judicial, binding tribunals, and allowing foreign corporations to sue countries for perceived economic losses due to the laws & policies of those same countries.  [I couldn't make this stuff up if I tried.]  That means a European corporation, for example, could sue the US (to get some of your tax money) claiming that some health & safety law of ours caused them economic loss.  The "case" would be heard in a "tribunal" outside of this country...and would be binding.

As we speak, Obama is attempting to get Congress to vote him "fast-track authority" to approve this obscene treaty.  For more detailed info on the whole shabby affair, go to the "Democracy Now" news website, search for the 11/21/13 webcast, & look for a sidebar piece entitled "TPP Exposed..." (under "Most Popular"); there's also a sidebar entitled "A Corporate Trojan Horse".  I'll put the link immediately below, but I don't believe that Google allows embedded links on Blogspot anymore...I may be wrong about that---
http://www.democracynow.org/2013/11/14/tpp_exposed_wikileaks_publishes_secret_trade

2.  TAFTA, the Trans-Atlantic Free Trade Agreement...ditto number 1 above.  Details are at citizen.org slash documents slash TAFTA-top-ten-factsheet.pdf ...the factsheet describes the top ten threats of this agreement to Americans' daily lives.  Again, I'll attempt to place the link immediately below---
http://www.citizen.org/documents/TAFTA-top-ten-factsheet.pdf

3.  Henry Kissinger once stated, " 'Illegal' we [the Fed Gov't] can do immediately; 'unconstitutional' takes a bit longer.".  Various laws (or portions thereof) are being used by the Fed Gov't to accomplish things that are violations of the U.S. Constitution, especially the Second, Fourth, Fifth, and Sixth Amendments; never mind the Ninth & Tenth Amendments... for all practical purposes, they no longer even exist.  Those laws include, but are not limited to, the PATRIOT Act (what a misnomer), The War Powers Act, and the National Defense Authorization Act.  Especially those three need to be [if we are to protect our Freedom] either fixed or repealed.

I cannot emphasize this more strongly:  no law supercedes the U.S. Constitution; only Treaties can do that.  If a law contradicts/violates the Constitution, it is automatically null and void under our system of government.  The Oligarchs don't want us to remember that...just my opinion.