The NDAA Repeals More Rights

by Ron Paul

Little by little, in the name of fighting terrorism, our Bill of Rights is being repealed. The 4th amendment has been rendered toothless by the PATRIOT Act. No more can we truly feel secure in our persons, houses, papers, and effects when now there is an exception that fits nearly any excuse for our government to search and seize our property. Of course, the vast majority of Americans may say “I’m not a terrorist, so I have no reason to worry.” However, innocent people are wrongly accused all the time. The Bill of Rights is there precisely because the founders wanted to set a very high bar for the government to overcome in order to deprive an individual of life or liberty. To lower that bar is to endanger everyone. When the bar is low enough to include political enemies, our descent into totalitarianism is virtually assured.

The PATRIOT Act, as bad is its violation of the 4th Amendment, was just one step down the slippery slope. The recently passed National Defense Authorization Act (NDAA) continues that slip toward tyranny and in fact accelerates it significantly. The main section of concern, Section 1021 of the NDAA Conference Report, does to the 5th Amendment what the PATRIOT Act does to the 4th. The 5th Amendment is about much more than the right to remain silent in the face of government questioning. It contains very basic and very critical stipulations about due process of law. The government cannot imprison a person for no reason and with no evidence presented or access to legal counsel.

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Georgia to consider creation of Constitutional Guardian Advisory Council

The Georgia legislature will consider a bill creating a Constitutional Guardian Advisory Council during the upcoming session.

HB670 would establish a 12 member council to advise the Governor and the General Assembly on issues including the constitutionality of federal laws; the feasibility of challenging federal acts relating to water use, EPA regulations, land management regulations and federal intervention that would damage the state’s mining, timber and agricultural industries; and whether federal acts fall within the enumerated powers of the Constitution.

The council would serve an advisory role and would have no power to enforce its recommendations. The bill is a “light” version of the Tenth Amendment Center’s 10th Amendment Commission model legislation, which creates a similar panel, but goes a step further empowering the body to “issue edicts with the force of law, requiring that no state or local officials, employees, or contractors cooperate in the enforcement of such usurpation, and urging state citizens to also refuse to cooperate.”

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Judge: No Warrant Needed for GPS Tracking on Vehicles

A federal judge in Missouri has ruled that the FBI was in its legal right to use GPS tracking on a man’s car without a warrant. “The courts that have addressed similar arguments for suppression have held that evidence obtained from GPS surveillance should not be suppressed on First Amendment grounds,” Magistrate Judge David Noce…

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N.H. House passes legislation to rein in TSA

CONCORD, N.H. (Jan. 5, 2012) – The New Hampshire House passed the TSA Accountability and Transparency bill Thursday, the first step toward reigning in overreaching TSA searches in the “Live Free or Die” State.

HB628 passed 188-136 along party lines.   It will now move on to the Senate for consideration.

The bill would require state and local law enforcement officials to document complaints from citizens who feel TSA searches cross the line and then place the report in a public data base. It would also allow citizens to videotape encounters with the TSA and require police officers to take the citizens’ side against any TSA officer trying to stop them. The legislation includes TSA searches conducted at bus stations or along the state’s roadways.

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Before We Can Stand Up Against the Federal Bureaucracies…

cross-posted from the New Jersey Tenth Amendment Center

We the People of New Jersey have to get over our addictions to our own at the state level. While the Constitution does not forbid the several States (or the People) from setting up massive regulatory structures that exhaust the People physically, emotionally and financially in trying to comply, that does not mean it is necessarily a good idea. For example, Romneycare, despite Michele Bachmann’s accusation of being “unconstitutional,” is not. However, it added considerably to the bureaucratic structure in Massachusetts, which qualifies it as a bad idea in my opinion.

We in New Jersey are facing a similar struggle with something that, while not necessarily unconstitutional according to the United States Constitution, is a bad idea for our struggling educational system. A bill introduced by Valerie Huttle in the General Assembly, A4372, and its identical bill in the Senate courtesy of Loretta Weinberg, S3105, would increase state government involvement in the lives of 42,000 home-schooled children and their families. The synopsis of the bill, “Requires medical examination and submission of student work portfolios for home-schooled children; provides that children under supervision of the Division of Youth and Family Services (DYFS) may not be home-schooled.”

The question we should be asking in our heads as we pick up the phone to call our state officials to oppose this is, “Why?”

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4 More Governors Bow Down to DC

So now a handful of Governors– one from my current state of WA, have ‘banded together’ to petition the Federal government.

Their demand?

That the Federal Government initiate a multi-year process of examining new evidence that medical marijuana COULD be useful medically.  The process goes like this:

  1. DEA does it’s own analysis on medical cannabis
  2. The FDA does IT’S own analysis, reviewing it’s previous work
  3. The DHHS does the same thing as the FDA
  4. The FDA & DHHS then submit THEIR findings to the DEA for even further review
  5. The DEA, unelected and EXPENSIVE bureaucrats make their decision

And just where does the bidding of We the People fit in the above process?  It doesn’t.

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Heritage Foundation: Drop those Independent Thoughts, Citizen

The Heritage Foundation, as usual, is trying to rein in all non-establishment thinking, which is popping up all over the place these days. Its New Year’s Resolutions for Conservatives basically amount to this: if you still have any conservative instincts left, drop them and become a neoconservative already.

Of course you should not consider nullification, since CNN won’t like that. The post then proceeds as if I hadn’t answered Heritage’s arguments on this already — here and here — or as if people couldn’t simply get to my fairly comprehensive “Nullification: Answering the Objections” via Google.

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Independent of and Superior to the Civil Power.

cross-posted from the Pennsylvania TAC

Declaration of Independence:

The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has affected to render the Military independent of and superior to the Civil power.

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury.

NDAA for 2012

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