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Dead Constitution
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Title: Independence Day 2014
Source: [None]
URL Source: http://original.antiwar.com/andrew- ... 4/07/02/independence-day-2014/
Published: Jul 3, 2014
Author: Andrew P. Napolitano
Post Date: 2014-07-03 08:02:51 by Ada
Keywords: None
Views: 225
Comments: 14

After a brief holiday last week, I returned to some heavy reading courtesy of the federal government. Some of the materials that I read were gratifying, and one was terrifying.

In one week, the Supreme Court told the police that if they want to examine the contents of our cellphones, whether at traffic stops or serious crime scenes, they need to get a warrant. The court told small-business owners that they needn’t pay for government-mandated insurance policies that provide for abortions for their employees, because the government is without authority to command them to do so. It told the president that he cannot wait until Saturday morning, when the Senate is not in session, to appoint high-level officials whose jobs require Senate confirmation, and then claim that they do not require Senate confirmation because the Senate was in recess. And it told selfless parents who stay home to care for their disabled children that the government may not force them to join health-care labor unions and pay union dues against their will.

Buried in these opinions was a legal memorandum sent to the president on July 16, 2010, nearly four years ago, and released last week, after two years of litigation aimed at obtaining it.

The Obama administration had successfully resisted the efforts of The New York Times and others to induce a judge to order the release of the memo by claiming that it contained state secrets. The judge who reviewed the memo concluded that it was merely a legal opinion, and yet she referred to herself as being in “Alice in Wonderland”: The laws are public, and the judicial opinions interpreting them are public, so how could a legal opinion be secret? Notwithstanding her dilemma, she accepted the government’s absurd claims, and the Times appealed.

Then the government shot itself in the foot when it surreptitiously released a portion of its secret memo to NBC News. This infuriated the panel of federal appellate judges hearing the Times’ appeal, and they ordered the entire memo released. Either it is secret or it is not, the court thundered – and the government, which is bound by the transparency commanded by the First Amendment, cannot pick and choose which parts of its work to reveal to its favorite reporters and which to conceal from the rest of us.

Last week, the administration released the memo. It consists of 40 highly blacked-out pages, the conclusion of which is that the president can order the CIA to kill Americans who are present in foreign countries and who, in the opinion of high-level government officials, pose a threat to Americans and may be difficult to arrest.

The memorandum acknowledges that it is unprecedented in its scope and novel in its conclusion, and requires predicting what courts will do if they review it. Lawyers often predict for their clients what courts will do, and thus from their predictions, extrapolate advice for their clients. But history has recorded no memo before this one that has advised a president in writing that he is free to kill an American who is not engaging in violence. The logic of the memorandum states that Americans overseas who join organizations that promote acts of terror are the equivalent of enemy soldiers in uniform in wartime. It follows, the memo argues, that because Congress has authorized the president to kill foreign terrorists when they are in foreign lands, he can kill Americans there, as well.

Conveniently, the memorandum never mentions the Fifth Amendment to the Constitution, which famously commands that if the government wants the life, liberty or property of any person, it can only do so via due process. Due process requires a jury trial with its attendant constitutional protections. The only recognized exceptions to this requirement are the individual and collective right to immediate self-defense. Since natural rights trump all positive law, a cop can kill a bank robber who is shooting at him, and soldiers can kill enemy soldiers who are about to shoot at them. At the root of the recognized exceptions to the requirement of due process is the active violence of the perpetrator, such that due process is impossible and such that the threat to life is clear, present and immediate.

The persons killed pursuant to this secret memo were all Americans. One, Anwar al-Awlaki, the stated target of the memo, was not engaged in combat or armed or on a battlefield when he was killed; he did not wear the uniform of an enemy army, and he was not engaged in active violence at the time of his murder. He was in a car in the desert in Yemen driving to meet his 16-year-old American son. He had been under continuous surveillance by 12 American and four Yemeni intelligence agents for the 48 hours preceding his murder by a CIA drone. The drone that killed him was soon followed by drones that killed his son and two other Americans.

This week marks the anniversary of America’s birth as a free nation, when we fought a war against a tyrant and seceded from his kingdom. We thought we had banished tyranny from our shores. We thought we had ratified a Constitution that would compel the government to respect our natural rights. We thought we had established a society based upon the rule of law.

We were wrong. We have gone from an inherited tyrant to an elected one. I have never heard President Obama say this, but it seems logical that if he thinks he can lawfully kill Americans abroad, he also thinks he can kill us here.

Happy Fourth of July.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom. To find out more about Judge Napolitano and to read features by other Creators Syndicate writers and cartoonists, visit www.creators.com.

COPYRIGHT 2014 ANDREW P. NAPOLITANO – DISTRIBUTED BY CREATORS.COM

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#1. To: Ada, 4 (#0)

I dread tomorrow coming quickly off the heels of Memorial Day. This Occupied Land of ours is all about eating grilled crap and 'celebrating' war.

Life is what happens to you when you are making other plans.

Jethro Tull  posted on  2014-07-03   8:47:41 ET  Reply   Trace   Private Reply  


#2. To: Jethro Tull, 4 (#1)

Agree completely.

After taking the red pill, none of these "holidays" have any meaning to me, certainly nothing to celebrate...

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken

Lod  posted on  2014-07-03   9:09:33 ET  Reply   Trace   Private Reply  


#3. To: Ada (#0)

We were wrong. We have gone from an inherited tyrant to an elected one.

Not quite correct.

WE have gone to an elected BLACK RACIST tyrant that hates white people.

Cynicom  posted on  2014-07-03   9:17:57 ET  Reply   Trace   Private Reply  


#4. To: Cynicom (#3)

WE have gone to an elected BLACK RACIST tyrant that hates white people.

Thank-you for the blunt truth.

Life is what happens to you when you are making other plans.

Jethro Tull  posted on  2014-07-03   9:45:56 ET  Reply   Trace   Private Reply  


#5. To: Cynicom (#3)

WE have gone to an elected

Unless you are an electoral college voter, you didn't vote for anything. You just cast your ballot in an opinion poll while other men that wield the real power of the electing presidents , do so, on your behalf but with out your input....

http://uselectionatlas.org/INFOR.../electcollege_history.php

These days they choose the stupidest & easiest to manipulate people and the position can be passed on as though it were an inheritance.

______________________________________

Suspect all media / resist bad propaganda/Learn NLP everyday everyway ;) If you don't control your mind someone else will.

titorite  posted on  2014-07-03   11:42:58 ET  Reply   Trace   Private Reply  


#6. To: Jethro Tull (#1)

"Watch the sheeple cheer their oppressors as the latter strut down Main Street during Smalltown, USSA’s parade on the Fourth of July. See taxpayers festoon their homes with bunting in their predators’ favorite colors. Hear civilians praise the hired killers murdering innocents overseas because such evil, rather than the Creator, endows Americans with certain inalienable rights."

www.lewrockwell.com/2014/...-state-as-a-jilted-romeo/

 photo 001g.gif
“With the exception of Whites, the rule among the peoples of the world, whether residing in their homelands or settled in Western democracies, is ethnocentrism and moral particularism: they stick together and good means what is good for their ethnic group."
-Alex Kurtagic

X-15  posted on  2014-07-03   11:48:18 ET  Reply   Trace   Private Reply  


#7. To: titorite (#5)

I have not voted in many years.

Vote and you legitimize a corrupt government.

Cynicom  posted on  2014-07-03   11:51:14 ET  Reply   Trace   Private Reply  


#8. To: X-15 (#6)

Hear civilians praise the hired killers murdering innocents overseas

Uhhhhhhhhhh....

Cynicom  posted on  2014-07-03   11:52:28 ET  Reply   Trace   Private Reply  


#9. To: Jethro Tull, cynicom, 4, Ada, christine (#1)

How many are going to be Emma Lazarus'ed tomorrow?

Deasy  posted on  2014-07-03   13:36:01 ET  Reply   Trace   Private Reply  


#10. To: Deasy (#9)

We're all Mestizo-Americans, now!! Aye, carrrrummmmbbaaaa!!!!!

 photo 001g.gif
“With the exception of Whites, the rule among the peoples of the world, whether residing in their homelands or settled in Western democracies, is ethnocentrism and moral particularism: they stick together and good means what is good for their ethnic group."
-Alex Kurtagic

X-15  posted on  2014-07-03   13:49:03 ET  Reply   Trace   Private Reply  


#11. To: X-15 (#10)

You clearly are in dire need of reeducation, comrade. Your sector's apparatchiks have assigned you to re-read the Golden Lamp text 1,000 times before you sleep tonight.

Deasy  posted on  2014-07-03   13:58:07 ET  Reply   Trace   Private Reply  


#12. To: titorite (#5) (Edited)

Unless you are an electoral college voter, you didn't vote for anything. You just cast your ballot in an opinion poll while other men that wield the real power of the electing presidents , do so, on your behalf but with out your input...

exactly right.

These days they choose the stupidest & easiest to manipulate people and the position can be passed on as though it were an inheritance.

it IS an inheritance. they are all related to british "royalty". from a "british-israel" [ www.seekgod.ca/identity.htm ] site: http://asis.com/users/stag/uspres.html

ALL IN THE DRAGON FAMILY

THE MEROVINGIAN ANCESTRY OF THE

2008 & 2012 PRESIDENTIAL CANDIDATES

...INTRODUCTION

With the presidential election proceeding as planned, the United States is as polarized as ever and, once again, many conservative Christians are under the false impression that it matters who is elected in November. This report is an effort to demonstrate in practical terms that, at this point, it makes no difference who wins the presidential election. ......all of the presidential candidates belong to the same dynasty. It is called the Merovingian dynasty and it claims to have a long history, being nearly has ancient as the human race.....

http://watch.pair.com/dragon-lineage.html

Revelation 12:17 And the dragon was wroth with the woman, and went to make war with the remnant of her seed, which keep the commandments of God, and have the testimony of Jesus Christ [ some of whom, btw, founded this country with a cross and a charter to spread the gospel: http://www.wnd.com/2007/04/41327/ (psalm 2:6, micah 4:1-2) / avalon.law.yale.edu/17th_century/va01.asp ]

http://biblehub.com/revelation/12-17.htm

http://greatreddragon.com / http://greatreddragon.com/book.htm / http://greatreddragon.com/toc.htm

"We the People" were not the common folk, and certainly not the Christian folk, who already had their covenant/contract/constitution with God...they were the elite and bloodline families that signed the CONstitution. We will be ruled by God, or we will be ruled by tyrants:

www.enduringword.com/commentaries/0908.htm

End of story.

Happy kings-of-the-earth/rulers/judges day [psalm 2].

"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm

AllTheKings'HorsesWontDoIt  posted on  2014-07-04   8:42:54 ET  Reply   Trace   Private Reply  


#13. To: titorite (#12)

Happy kings-of-the-earth/rulers/judges day [psalm 2].

Psalm 2:1Why do the heathen rage, and the people imagine a vain thing?

2The kings of the earth set themselves, and the rulers take counsel together [ http://www.apfn.org/apfn/queen.htm ], against the LORD, and against his anointed, saying,

3Let us break their bands asunder, and cast away their cords from us...

6Yet have I set my king upon my holy hill of Zion. [ America: http://www.wnd.com/2007/04/41327/ ]

http://biblehub.com/kjv/psalms/2.htm

The first sentence in the Preamble [Declaration of Independence (from God)]:

"When in the course of human events, it becomes necessary for one people [ http://www.sweetliberty.org/pers...e/jewishpersecution18.htm / http://www.csmonitor.com/2004/0915/p12s01-lire.html ] to dissolve the political bonds which have connected them with another, [ http://www.wnd.com/2007/04/41327/ ] and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."

"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm

AllTheKings'HorsesWontDoIt  posted on  2014-07-04   9:48:50 ET  Reply   Trace   Private Reply  


#14. To: Ada (#0)

Title: Independence Day 2014

Title: Co-dependence Day 2014

"Resolve to serve no more,” he says, “and you are at once freed. I do not ask that you place hands upon the tyrant to topple him over, but simply that you support him no longer; then you will behold him, like a great Colossus whose pedestal has been pulled away, fall of his own weight and break in pieces.”

Étienne de La Boétie

noone222  posted on  2014-07-04   10:14:11 ET  Reply   Trace   Private Reply  


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