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Category Archives: Life, Liberty and Human Rights

Our own Declaration of Independence champions the cause of Life, Liberty, and the Pursuit of Happiness. And that all men have certain unalienable rights!

NSA Director Keith Alexander lied to the Congressional  House Permanent Select Committee on Intelligence (HPSCI).  Why?

  •  The National Security Agency has acknowledged in a new classified briefing that it does not need court authorization to listen to domestic phone calls, a participant in the briefing said.
  • Rep. Jerrold Nadler, a New York Democrat, disclosed on Thursday that during a secret briefing to members of Congress, he was told that the contents of a phone call could be accessed “simply based on an analyst deciding that.”
  • If the NSA wants “to listen to the phone,” an analyst’s decision is sufficient, without any other legal authorization required, Nadler said he learned. “I was rather startled,” said Nadler, an attorney and congressman who serves on the House Judiciary committee.
  • Because the same legal standards that apply to phone calls also apply to e-mail messages, text messages, and instant messages, being able to listen to phone calls would mean the NSA analysts could also access the contents of Internet communications without going before a court and seeking approval.

Congressional oversight committees or not the U.S. Department of Defense ‘s National Security Agency has determined that it has the right to spy on U.S. citizens without due process of law and with the consent of the Department of Justice and the Foreign Intelligence Surveillance Act (FISA) courts.

This violates the U.S. Constitution’s Fourth Amendment and Section 1 of the Fourteenth Amendment.

  •  Fourth Amendment

“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.”

  • Fourteenth Amendment Section 1.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.”

While Federal Intelligence and Law Enforcement Agencies lie to Congressional Oversight Committees and American citizens, Edward Snowden continues to reveal accurate and incriminating allegations against  the United States Federal Government.

As charges of espionage are being leveled against Edward Snowden one has to wonder why charges of treason should not be leveled against the heads of the NSA, DOD, DIA, Department of Justice, Federal Bureau of Investigation, and the National Security Advisor.

I want to know why  the term ‘Militia’ in the 2nd Amendment of our United States Constitution has become a dirty word in our culture and politics. It is because of the 2nd Amendment that the Japanese Army refused to invade the Continental United States during World War II. The Japanese  Army was terrified that every home and dwelling would be bristling with guns to protect our country in a time of war. And they couldn’t have been more correct in their assessment. The State Militias were mobilized during WW I and WW II to protect our Homeland while our young and brave soldiers,  sailors, and airmen carried the war to our enemies’ very shores and boarders.

“The reserve militia or unorganized militia, also created by the Militia Act of 1903 which presently consist of every able-bodied man of at least 17 and under 45 years of age who are not members of the National Guard or Naval Militia.(that is, anyone who would be eligible for a draft). Former members of the armed forces up to age 65 are also considered part of the “unorganized militia” per Sec 313 Title 32 of the US Code.”

However, the 2nd Amendment of the Constitution of the United States, provides for an unorganized militia of every able-bodied man and woman to be ready to defend the Homeland against any threat both domestic and foreign. This Amendment predates, and thus supersedes,  all Acts of Congress; especially the United States National Security Act, the establishment of the United States Department of Homeland Security, and the United States Patriot Act. Because the 2nd Amendment of the Constitution has never been amended by the tenants of the Constitution of the United States of America it supersedes all State and Federal laws and acts. The States are therefore empowered, under the Constitution, to organize militias to protect State’s rights as granted by the Constitution of the United States of America and to protect the principles set forth by the Declaration of Independence

“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.”

Article II Section 2 of the Constitution of the United States of America states:

“The President shall be Commander-in-Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in the executive Departments, upon any Subject on the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

President John Adams, President Thomas Jefferson, and President James Madison make it perfectly clear in their communications that the Second Amendment of the Constitution of the United States is to guarantee each State’s individual rights to keep an unorganized militia which may be mobilized as an organized militia to protect the Constitution of the United States of America and to protect the sovereignty of each State and the United States of America as guaranteed by Article II Section 2 of the Constitution of the United States of America. That anyone, including the President, Vice-President, Executive Branch, Congressional Branch, or Judicial Branch of the United States Government may be considered as enemies of the “State”  if they exceed their powers as granted under the Constitution of the United States of America.

“And no law enacted by the Congress of the United States or the legislatures of said States shall supersede the rights of the citizens of these said States to form unorganized militias to protect and serve the Constitution of the United States to preserve our rights as stated in the Declaration of Independence.”

In order for the States of our Union to organize militias in a time of emergency it is imperative  each State guarantee a citizen’s access to any and all arms deemed necessary to meet the imperative threats for the security of said State’s citizens. The threat of individual rights and liberties in the United States has never been in greater peril from threats, both domestic and foreign. The growth and scope of the United States National Security Agency‘s powers to obstruct and invade our personal freedoms and privacy is unparalleled in our Nation’s history.

The States lost their rights of sovereignty when President Abraham Lincoln was assassinated  and the Union ceased being a Republic and the United States of America became the Federated States of America. The Federal Government was born and the States lost most of their rights as granted under the Constitution of the United States of America.

Then on July 26, 1947, President Harry S. Truman signed the National Security Act which stripped the States and individuals of most of their rights as granted under the Constitution. The Act was ratified by Congress on September 18, 1947 and enacted the formation of the Central Intelligence Agency from the newly formed Office of Special Operations, (the OSO evolved from the Army’s Office of Strategic Services and the Central Intelligence Group), as well as, the United States Air Force from the Army Air Corp as separate services. History tells us the National Security Act was signed by the President aboard Air Force One, nearly two months prior to the ratification of the Act by Congress. How could Air Force One exist nearly two months before the Act was actually ratified and officially created the United States Air Force?

Another question I have is “Why was the National Security Act signed by President Truman just twenty days after the Roswell UFO Incident?” What was so terrifying about the Roswell UFO Incident that the US Government felt a need to take such a Draconian action?

After 9/11 the USA Patriot Act was signed into law granting the Federal Government even more power while stripping States and individuals of more rights. The assault on our individual freedoms continue today as drones are used to spy on US citizens without due process as the U.S. strides closer to a police state.

National Security Agency – America’s Orwellian Big Brother

“The NSA Is Building the Country’s Biggest Spy Center (Be Careful of Your Communications and Web Content)”

If Big Brother isn’t watching you now, they will be soon! The National Security Agency, an agency of the United States Department of Defense, is planning on building the largest Federal Spy Center in the United States. The NSA is the sister spy organization to the Defense Intelligence Agency or DIA of the Department of Defense. Legally, neither organization has the right to spy domestically under the Constitution of the United States of America and since the first National Security Act became effective on September 18, 1947, (signed on July 26, 1947, only 20 days after the Roswell UFO Incident).

“The National Security Act of 1947 (Pub.L. 80-253, 61 Stat. 495, codified at 50 U.S.C.ch.15) was an Act of Congress signed by PresidentTruman on 26 July 1947, which realigned and reorganized the U.S. Armed Forcesforeign policy, and Intelligence Community apparatus in the aftermath of World War II. The majority of the provisions of the Act took effect on September 18, 1947, the day after the Senate confirmed James Forrestal as the first Secretary of Defense. His power was extremely limited and it was difficult for him to exercise the authority to make his office effective. This was later changed in the amendment to the act in 1949, creating what was to be the Department of Defense.”

You are not only being outsourced by your country, but if Big Brother (the NSA) isn’t watching you now they soon will be. As the FBI issues Request for Proposals for software to spy on Social Media web sites, the NSA plans on spying on the world using all electronic media, both nationally and internationally, at their disposal.

This is in addition to the NSA’s high-resolution satellite video, audio, and electronic surveillance. The NSA and other U.S. Government Agencies, (including the Federal Bureau of Investigation (FBI)Bureau of Alcohol, Tobacco, Fire Arms, & Explosives (BATFE or commonly known as the ATF), Department of Homeland Security (DHS)Drug Enforcement Agency (DEA), Immigration and Customs Enforcement (ICE),  U.S. Customs and Border Protection (CBP), the United States Secret Service, the United States Marshals ServiceNational Protection and Programs Directorate (NPPD), the Central Intelligence Agency (CIA) and the National Security Council (NSC)), are using aerial surveillance drones of every make and model, both military and private industrial, in conjunction with State, County, and Municipal Law Enforcement assets to spy on United States private citizens without due process of law as specified in the United States Constitution.

As a member of the US Department of Defense the NSA has no legal right to spy on US citizens. NSA national and inter-national surveillance will be expanded with the building and implementation of this new ultra-modern and expansive data center. The NSA will conduct their surveillance without accountability to the Department of Homeland Security nor does it seem that the Department of Justice will interfere with NSA operations.

With the building of the new NSA super data center facility they will be able to tap into all other United States Federal, State, Territorial, County, and Municipal surveillance technology to coordinate their Orwellian Policy. They will also be able to tap into foreign intelligence and  law enforcement assets.

As a member of the U.S. Department of Defense the NSA has no legal right to spy on US citizens. NSA national and international surveillance will be expanded with the building and implementation of this new ultra-modern and expansive data center. NSA surveillance without accountability to the Department of Homeland Security or the Department of Justice.

The National Security Council, (made up of the President and Vice President of the United States, the Secretary of State, the Secretary of Defense, the Pentagon’s Joint Chief of Staff, the Director of the Central Intelligence Agency, Director of National Intelligence (DNI). and the National Security Advisor), will wield totalitarian power over all citizens of the United States.

With no oversight, (or obviously insight) provided for the Department of Homeland Security and Department of Justice there will be an attempt on their respective parts to acquire intelligence from the NSA to supplement their own means of gathering domestic intelligence on anti-american agents, activists, and parties, both domestic and foreign, and of their activities to do harm to the security of our nation. The Department of Homeland Security is actively involved in equipping their agencies with the latest technologies available for gathering this intelligence. One such resource available to DHS is its own U.S. Customs and Immigration Services (USCIS) Student & Exchange Visitor Information System (SEVIS) Database. DHS’s Federal Bureau of Investigation plans on spying on Social Media web sites and their subscribers. This will add to their already growing number of Cyber-Space Surveillance Technologies currently implemented and planned for implementation.

Please refer to the article @

http://www.wired.com/threatlevel/2012/03/ff_nsadatacenter/all/1

“This is the story no one wanted to write nor does anyone want to read. But it had to be told.”

After the terrible massacre and tragedy at Sandy Hook Elementary School Shooting of Newtown, Fairfield County, Connecticut and comparisons to the Massacre at Columbine High School, Jefferson County, Colorado a gross misunderstanding of the types of weapons which were used in both mass killings seems to have pervaded the press by journalists and political pundits, as well as, politicians all of whom have not proven that they have any expertise or knowledge to be commenting on.

We need to thoroughly understand the types of firearms which were used in each tragedy and the characteristics, in each case, to properly categorize the weapons which were used in both shooting incidents.

First of all, the shape of the firearms used do not delineate the category of weapons which were used in both incidents. It is the ballistics of the ammunition or caliber and actions or firing mechanism characteristics which determine the type of weapon category each firearm would fall under.

Walther P99, a semi-automatic pistol from the ...

Walther P99, a semi-automatic pistol from the late 1990s. (Photo credit: Wikipedia)

The Columbine shootings did not include the AR-15 semi-automatic sporting rifle category of firearm. Instead the perpetrators of the massacre at Columbine used mostly 12-gauge shot-guns, one semi-automatic 9mm parabellum caliber machine pistol, and 9mm side-arms or pistols.

An Intratec TEC-DC9 with 32-round magazine; a ...

An Intratec TEC-DC9 with 32-round magazine; a semi-automatic pistol formerly classified as an Assault Weapon under Federal Law. (Photo credit: Wikipedia)

This fact is important in that no ‘Assault Weapon‘ category firearms were used at Columbine.

What makes a rifle or carbine an  ‘Assault Weapon’ is the caliber of ammunition used by the weapon in relation to the firing mechanism of the weapon. An ‘Assault Weapon’ is defined as a weapon which uses a particular family of calibers of ammunition in relation to the firing mechanism which may be fully automatic, partially automatic, or semi-automatic.

The ‘Assault Weapon’ may belong to one of several categories of weapons using a variety of ammunition and firing mechanisms. Typically an ‘Assault Weapon’ has one of these several combinations of characteristics:

English: The 7.62x51mm NATO and 5.56x45mm NATO...

English: The 7.62x51mm NATO and 5.56x45mm NATO cartridges compared to a AA battery (Photo credit: Wikipedia)

  • Fully automatic sub-machine guns and fully automatic machine-pistol firearms which fire the shorter pistol caliber ammunition typically, but not limited to, 9mm parabellum or caliber .45 ACP. These weapons may be adapted to fire smaller caliber ammunition including a wide variety of .22 caliber ammunition or the mid-sized .40 S&W caliber ammunition.
  • A fully automatic or semi-automatic M14, M1A Springfield, or FN FAL battle rifle or carbine firing a .308 Winchester or military 7.62x51mm NATO round of ammunition.
    English: .308 Winchester rifle cartridge

    English: .308 Winchester rifle cartridge (Photo credit: Wikipedia)

     

  • The new selective fire Bull-Pup designed ‘Assault Rifles‘ firearms produced for a few of calibers but primarily the .223 Remington/5.56x45mm NATO calibers.
  • And CQB and PDW weapons in most cases using pistol cartridge in 9mm parabellum or a newer small 4.6×30 mm cartridge. Primary examples of CQB and PDW firearms are the H&K’s MP5 or MP7,  or the popular Israeli Uzi.
This is a line-up of pistol and rifle cartridg...

This is a line-up of pistol and rifle cartridges. From left to right: 9 mm Luger Parabellum, .40 S&W, .45 ACP, 5.7x28mm, 5.56x45mm NATO, .300 Winchester Magnum, and a 2.75-inch and 3-inch 12 gauge. (Photo credit: Wikipedia)

  • Almost all non-revolver pistols are semi-automatic. The most popular caliber is the 9mm parabellum, followed by the American .40 S&W and .45 ACP calibers.
  • The first fully automatic heavy machine gun was the Maxim Machine Gun invented by Hiram Maxim prior to WW I.  The ammunition was belt fed and the gun and tripod it rested on were so heavy it took three men to man it. John Moses Browning invented a clip fed light machine gun prior to the end of WW I, called the Browning Automatic Rifle or BAR. Many heavy and light machine guns were invented after WW I, WW II, and the Korean and Viet Nam Wars, including belt fed and clip fed models in many different calibers of ammunition.

During any school or campus shootings no heavy, light, or sub-machine gun was used during the course of the murderous crimes. Only a full, partial or burst (burst of three rounds automatically fired), or semi-automatic ‘Assault Weapon’ may have been used in some of the crimes.

An M16A1, belonging to Indonesia's Brigade Mobil.

An M16A1, belonging to Indonesia’s Brigade Mobil. (Photo credit: Wikipedia)

AR-15 Bushmaster

AR-15 Bushmaster

The mass murderer of Sandy Hook Elementary School, Jefferson County, Connecticut used a model AR-15 Bushmaster in .223 Remington caliber. The reason for the 30 round clips of ammunition is because the .223 cartridge has a reputation for not having any knock down power.

This has been the primary complaint of the M16 by U.S. Troops since the Viet Nam War and was illustrated during the incident in Mogadishu, Somalia known as ‘Black Hawk Down’, when U.S. Rangers complained their M16 rifles and M4 carbines using 5.56x45mm NATO ammunition repeatedly failed to drop combatants after the combatants had been hit several times.

The murderer’s lack of ballistic knowledge caused horrific carnage and suffering of the defenseless children and school personnel as he fired repeatedly at many of his victims hitting them more than once, and as many as five times, before they were killed.

One can only imagine what kind of carnage the murders at Columbine perpetrated on their victims with 12-gauge shot guns. Blasts from 12-gauge shot guns are horrific and physically and mentally shattering. Those that live through such an ordeal suffer untold pain from their wounds.

Remington 870 MM

Remington 870 MM (Photo credit: WickedVT)

The 12-gauge shot-gun is not considered by law as an ‘Assault Weapon’. Yet if I had to defend myself in Close Quarters Combat (CQB) I would want such a weapon to quickly repel my assailants. Law enforcement and our military use shot guns for CQB operations due to their effectiveness to knock down and out any assailant.

Since the Los Angeles, Hollywood bank robbery shootout where the LAPD armed with only 9mm pistols and 12-gauge shot guns were severely out gunned by the two bank robbers armed with Chinese Type 56 designed AK47  fully automatic ‘Assault Rifles’  while wearing body armor. the LAPD has since armed their officers with M16 or AR-15 weapons using ammunition to penetrate body armor.

For all intents and purposes the effectiveness of the .223 Remington/5.56x45mm NATO round is completely dependent on the shooter. Because the round is in effect a .22 caliber round the placement of the shots are of extreme importance. The caliber is most effective when spotted at soft tissue covering vital organs and of little effect when striking ‘flesh covered bone’ protecting vital organs. For all intents and purposes the round is most effective when taking head and neck shots which requires a high degree of proficiency on the part of the shooter.

Vastly superior calibers of ammunition for effect are the .308 Winchester/7.62X51mm NATO; .240 APEX or Mag, .257 Roberts, .300 Savage, 45-70 Gov., .30-06, and various .300 magnum full rifle calibers which are most effective when used in bolt-action and lever-action rifles with longer barrels (rifled barrels of 20″ – 28″ or more) or rifled carbines (lighter rifles with barrels of 18″ – 24″ and commonly referred to as scout rifles). Even at close range, say 100 yards or less the .30-.30 cartridge may be more effective than the .223 Remington/5.56×45 NATO.

Remington 6.8 Caliber Comparison

Remington 6.8 Caliber Comparison

The most effective ‘Assault Rifle’ caliber rounds out to 300 yards/meters are the 6.5x38mm Grendel or 6.8x43mm SPC Remington, the Russian AK47 Kalashnikov 7.62x39mm cartridge, and the .308 Winchester/7.62x51mm NATO full rifle round.

For semi-automatic pistol calibers the .40 S&W, .45 ACP; and hollow tipped 9mm parabellum semi-automatic rounds are the most popular for anti-personnel rounds. There may be a bitter debate about the merits of the .380 ACP developed by John Moses Browning in 1908. However, with the development of the mini-9mm semi-auto pistols the 9mm parabellum seems it will remain the smallest, most effective, anti-personnel semi-automatic cartridge.

For revolvers the hollow tip .38 Special cartridge and .44 Special, .45 Colt and .357 magnum calibers are the most common anti-personnel rounds. Many contend that the .44 magnum, and calibers larger than the .45 Colt are the most effective revolver calibers, yet they again require a great deal of proficiency to master.

I’ve given you a brief overview of what weapons are available to anarchists, terrorists, drug cartels, robbers, thieves, bandits, pirates and murderers. Please get to know them and recognize them and what they are capable of doing in order to protect yourselves.

Please take heed from this posting. The next occurrence of terrorism in our schools and campuses is most likely to be a ‘Czechia Hostage Incident’ where gun wielding terrorists with para-military training will take hostage a whole school or campus with booby traps and human bombs. Our schools and college campuses are prime targets for terrorists seeking martyrdom. The Department of Homeland Defense has no plans or contingencies in place to defend our education system from such a threat. The DHS has contingency plans only for dealing for this type of terrorism after the threat has been realized. Such plans would include using Delta Force and other U.S. military Special Operation Tactical Forces to augment the FBI’s and ATF’s Special Task Forces to contain the incident. ‘Contain‘ is defined as taking back the school or campus with the minimum loss of civilian/hostage casualties.

My only recommendation is to arm yourself. Learn firearm safety and practice it as a religion. Master your weapon(s) and take a course in tactical defensive shooting and hand to hand combat. Do it and do it now! The next school could be your child’s. Be armed, be aware, and be prepared to ‘take action with deadly force’ to protect those you love.

The easiest and most practical and pragmatic lethal self-defense Martial Art to learn is Krav Maga. If you cannot find a Krav Maga instructor near you then I suggest finding a good jiu-jitsu (Jujutsu) school to join as it is the foundation of Krav Maga. Stay away from stylistic and competition styles of the Martial Arts like Tai Kwon Do (Taekwondo). And do not join an esoteric Martial Arts school like Kung Fu or Okinawa-te. The only other Martial Art worth pursuing is Aikido, which is great form of Martial Art to pursue if you already practice Qi Qong and/or T’ai chi ch’uan (Tai Chi). The only problem is finding a real Aikido Sen-Sei (Teacher/Instructor).

The Declaration of Independence of the United States of America places the burden of safety on yourself and for those you love, as well as, your neighbors and community. The 2nd Amendment to the Constitution of the United States of America guarantees you those rights.

No Law Enforcement or Government Agencies can protect you from these threats. You have to take responsibility for yourself. Do so now, or you and those you love will become victims. If you think the Government cares … ask them “How many armed sentinels they have on any given school campus in this country?”. You already know the answer. You have seen the results. The next incident will only be worse unless you take decisive action to defend you, yours, and those you love and respect.

We are at war with Terrorism. The enemy could be the neighbor next door or half a world away. Either way, he can be on your door step tomorrow.

To answer the question posed by the title of this posting … “What is an ‘Assault Weapon’? I can only hope it is you’. You had better be an ‘assault weapon’ when you and those you love are threatened. Train to be so.

The only way to defeat an extremist is to prepare yourself to make the same sacrifices.

I will give you some advice and the analogy is to an old saying:

“Never bring a knife to a gun fight!”

When confronted with a situation which is untenable but gives you time to make a quick assessment of the situation to determine you are unreasonably risking the lives of those you are trying to protect … call for help immediately. Call 911 or scream for someone to call 911 to get the right resources on scene.

If you have a choice of fight or flight then the better part of valor is the discretion of flight.

If you are trapped and have no means to regress then fight like hell! Remember your tactical training and breath. Use your muscle memory you have gained from practice to react to each situation as it presents itself.

If you focus on what will happen to yourself then you will surely lose!

But if you focus on your training and take out the most dangerous combatants first you will quickly gain the advantage and may even cause your combatants to lose morale and start to regress themselves.

Control your shot selection and double tap each combatant with confidence before moving to the next greatest threat. This will conserve ammunition and reduce the number of reloads you will require.

When trapped, fight like a Tiger with total viciousness and deadliness!

Always remember your training and always know when you are out gunned!

I leave you with this quote from Sun Tzu

“Know your enemy as you know yourself and you will fight a hundred battles without suffering a single defeat!”

Footnote …

For those of you interested in martial arts and the use of edged weapons please refer to my blog “The Knife, Sword, Blades, & Axes @

http://theknifeswordbladesaxes.wordpress.com/

The Federal Government of the United States believes that the United States Seal Teams are Federal Government Assets which are answerable only to the United States Department of Defense, National Security Council, Joint Chiefs of Staff, and President of the United States of America.

Nothing could be further from the truth. The members of all United States Military Departments and Agencies answer for their actions to “We the People”. The U.S. Government has assumed the mantle of the “Supreme Law of the Land”. Yet they have continually proven they do not have to answer to anyone but themselves, least of all to those who have given them the privilege to serve.

All members of Seal Team Six are National Heroes not U.S. Government heroes. They answer to, and only to, “We the People” whom they have given an oath to serve and protect under the Constitution of the United States of America. They will not be held accountable under oath to the Government of the United States of America under any legislative act concerning National Security unless the citizens of the United States deem they have violated their oath under the Constitution. All charges against Seal Team Six by the Department of Defense must be dropped immediately in the interests of National Security as the members of Seal Team Six are heroes of “The People”.

“We the People” have “a right to know” what our “Government” is doing in the interests of National Security to determine if said Federal Government Officials are acting in the best interests of the Nation under the Constitution. It is the people governed by the Constitution of the United States who determine what is in our best interests and those officials appointed U.S. Government officials which have not been elected to their offices by a popular vote and yet act as elected executives of the Government and feel unfettered by the Constitution of this country which guarantees the rights of all citizens who have elected their officials by popular vote.

“We the People” in order to form a “More Perfect Union” and not a “Federal Government” demand our U.S. Government to answer for its actions. If the currently elected Federal Government refuses to abide by the Constitution of these United States it is within our power to relieve them of their duties in any manner deemed necessary to return the Federal Government to operate under the tenants of the Constitution of the United States.

It would seem the Department of Justice’s FBI‘s violation of civil rights has no limits as the Agency issues an RFI for a tool that can monitor social network data to identify and assess potential threats to the U.S. Please see the article at URL http://www.computerworld.com/s/article/9224235/FBI_seeks_social_media_monitoring_tool?source=CTWNLE_nlt_datamgmt_2012-02-22.

The FBI has begun searching for a tool that will allow it to gather and mine data from social networks like Facebook, Twitter and blogs to access data and identify potential threats to the U.S.  This means they will be monitoring your and my Facebook, Twitter, LinkedIn, Google+, Microsoft Live, Yahoo, eBay, Craigslist and other profiles, not to mention the hundreds of thousands of blogs like this one to determine if we are a threat to the security of the U.S.

I challenge the Obama Administration, U.S. Congress, Department of Justice, Department of Homeland Defense, and the Supreme Court of the United States to justify their position to have the authority to threaten the security of our privacy as citizens of the United States of America and residents of the States, territories, and commonwealths under the Constitution of the United States of America and the Declaration of Independence of the Colonial Continental Congress?

With the Department of Defense‘s National Security Agency spying on all international communications including those emanating from and to the United States, including its territories and commonwealths, the Department of Defense has exceeded its authority to spy on US citizens, enterprises, corporations, businesses, foundations; and non-profit, philanthropic and religious organizations.

My paramount question is “Is the Government of the United States more interested in protecting its own security than the security of the Peoples of these United States, Territories, and Commonwealths?”

The Rise of the Homeland Domestic spy planes, hover spy drones, and very small, even micro spy bots industry is growing in use in the United States. These spy planes, drones, and bots are being used by domestic law enforcement agencies and private enterprises to spy on US citizens without any guidelines, regulations, or restrictions from Federal Authorities including the Department of Justice and Department of Homeland Security.

The fact that Federal, Domestic, and private institutions can spy on US citizens without limitations is a violation of your right to privacy under the Constitution of the United States and the Bill of Rights.

” The Supreme Court has ruled that there is a limited constitutional right of privacy based on a number of provisions in the Bill of Rights and subsequent amendments. This includes a right to privacy from government surveillance into an area where a person has a “reasonable expectation of privacy” and also in matters relating to marriage, procreation, contraception, family relationships, child rearing and education. However, records held by third parties such as financial records or telephone calling records are generally not protected unless a specific federal law applies. The court has also recognized a right of anonymity and the right of groups to not have to disclose their members’ names to government agencies.”

“The Ninth Amendment has generally been regarded by the courts as negating any expansion of governmental power on account of the enumeration of rights in the Constitution, but the Amendment has not been regarded as further limiting governmental power. The U.S. Supreme Court explained this, in U.S. Public Workers v. Mitchell 330 U.S.75 (1947): “If granted power is found, necessarily the objection of invasion of those rights, reserved by the Ninth and Tenth Amendments, must fail.”

It is important, when discussing the history of the Bill of Rights, to realize the Supreme Court held in Barron v. Baltimore (1833) that it was enforceable by the federal courts only against the federal government, and not against the states. Thus, the Ninth Amendment originally applied only to the federal government, which is a government of enumerated powers.

Some jurists have asserted that the Ninth Amendment is relevant to interpretation of the Fourteenth Amendment. Justice Arthur Goldberg (joined by Chief Justice Earl Warren and Justice William Brennan) expressed this view in a concurring opinion in the case of Griswold v. Connecticut (1965):

The Framers did not intend that the first eight amendments be construed to exhaust the basic and fundamental rights…. I do not mean to imply that the …. Ninth Amendment constitutes an independent source of rights protected from infringement by either the States or the Federal Government….While the Ninth Amendment – and indeed the entire Bill of Rights – originally concerned restrictions upon federal power, the subsequently enacted Fourteenth Amendment prohibits the States as well from abridging fundamental personal liberties. And, the Ninth Amendment, in indicating that not all such liberties are specifically mentioned in the first eight amendments, is surely relevant in showing the existence of other fundamental personal rights, now protected from state, as well as federal, infringement. In sum, the Ninth Amendment simply lends strong support to the view that the “liberty” protected by the Fifth and Fourteenth Amendments from infringement by the Federal Government or the States is not restricted to rights specifically mentioned in the first eight amendments. Cf. United Public Workers v. Mitchell, 330 U.S. 75, 94-95.

Subsequent to Griswold, some judges have tried to use the Ninth Amendment to justify judicially enforcing rights that are not enumerated. For example, the District Court that heard the case of Roe v. Wade ruled in favor of a “Ninth Amendment right to choose to have an abortion,” although it stressed that the right was “not unqualified or unfettered.” [6] However, Justice William O. Douglas rejected that view; Douglas wrote that, “The Ninth Amendment obviously does not create federally enforceable rights.” See Doe v. Bolton (1973). Douglas joined the majority opinion of the U.S. Supreme Court in Roe, which stated that a federally enforceable right to privacy, “whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.”

The Sixth Circuit Court of Appeals stated in Gibson v. Matthews, 926 F.2d 532, 537 (6th Cir. 1991) that the Ninth Amendment was intended to vitiate the maxim of expressio unius est exclusio alterius according to which the express mention of one thing excludes all others:

[T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law. The ninth amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution.”
“Bill of Rights (and 14th Amendment) Provisions Relating to the Right of Privacy
Amendment I
(Privacy of Beliefs)
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 III
(Privacy of the Home)
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
(Privacy of the Person and Possessions)
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 IX
(More General Protection for Privacy?)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Liberty Clause of the Fourteenth Amendment
No State shall… deprive any person of life, liberty, or property,
without due process of law.”

 It is obvious that Federal, State, and Domestic Law Enforcement Agencies, as well as, “private commercial and other institutions” are using aerial spy devices to spy on US citizens and State residents without due process of law.

It has come to my attention as of late that Federal, State, and municipal law enforcement officers and county sheriffs and marshals are using Homeland Security guidelines to suspend and violate the US Constitutional and State Constitutional Rights especially of the homeless.  When I use the term homeless I am not referring to illegal aliens. I am referring to US citizens who were, at one time, residents in various States. The State Constitutions are provided for by the US Constitution as specified in the following quote …

The Tenth Amendment to the United States Constitution, part of the Bill of Rights, provides that “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 Guarantee Clause of Article 4 of the Constitution states that “The United States shall guarantee to every State in this Union a Republican Form of Government.” These two provisions give states the wide latitude to adopt a constitution, the fundamental documents of state law.”

Please note the phrase in the quote “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.”  Please focus on the caveat at the end of the quote “, or to the people.” This is of extreme importance when understanding  the premise for forming the United States under “The Declaration of Independence“. The Declaration of Independence begins with the first paragraph …

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, 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.

The formation of a new government was justified in the next paragraph …

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Now “The Declaration of Independence” is not the law of the land but it has been referred to our Nation’s foundation for the Nation’s justification for existing. “The Constitution of the United States of America” is not justification for the formation of a National government but instead is a living and breathing document for the rule of law, with equality and justice, as protected and limited by the will of the people! This is explained in the following quote from “The Declaration of Independence” …

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

This brings us to the plight of the homeless. Since most of the homeless are US Citizens and former residents of States, Territories, and Common Wealth(s) have rights under the Constitution of the United States. The US Constitution begins with the following paragraph …

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

This introductory paragraph of the US Constitution states the ultimate objectives of the US Constitution Articles, Bill of Rights, and Amendments. However, recent guidelines released to Federal, State, County, and Municipal law enforcement agencies by Homeland Security have outlined particular behaviors that threaten the National Security of the United States. These Guidelines were posted …

On January 31, 2012, the Department of Homeland Security’s Behavioral Science Division pointed to the following as indicators of potential terrorism (please note – as you review the list – that some indicators are conservative, some are liberal and some are bipartisan):

  • “Reverent of individual liberty”
  • “Anti-nuclear”
  • “Believe in conspiracy theories”
  • “A belief that one’s personal and/or national “way of life” is under attack”
  • “Impose strict religious tenets or laws on society (fundamentalists)”
  • “Insert religion into the political sphere”
  • “Those who seek to politicize religion”
  • “Supported political movements for autonomy”
  • “Anti-abortion”
  • “Anti-Catholic”
  • “Anti-global”
  • “Suspicious of centralized federal authority”
  • “Fiercely nationalistic (as opposed to universal and international in orientation)”
  • “A belief in the need to be prepared for an attack either by participating in … survivalism”

Given that most Americans fall into one or more of these categories, the powers-that-be can brand virtually anyone they dislike as being a terrorist.

Indeed, judges and prosecutors discuss conspiracies every day, and federal and all 50 state’s codes include specific statutes addressing conspiracy, and specifying punishment for people who commit conspiracies. (But surely judges, prosecutors and legislators are not terrorists.)

And Public Intelligence notes:

A flyer from a series created by the FBI and Department of Justice to promote suspicious activity reporting states that espousing conspiracy theories or anti-US rhetoric should be considered a potential indicator of terrorist activity. The document, part of a collection published yesterday by Public Intelligence, indicates that individuals who discuss “conspiracy theories about Westerners” or display “fury at the West for reasons ranging from personal problems to global policies of the U.S.” are to be considered as potentially engaging in terrorist activity. For an example of the kinds of conspiracy theories that are to be considered suspicious, the flyer specifically lists the belief that the “CIA arranged for 9/11 to legitimize the invasion of foreign lands.”

Law enforcement has used this as a premise for homeless people roundups for suspicion of being public nuisances; urban blight; suspicion of burglary and shoplifting; suspicion of drug abuse and dealing; alcoholism; under the influence of illegal or prescription drugs; mental disorders; squatters on public, private, and government properties; building disease ridden shanty villages; free-loading; panhandling; lewd and harassing behavior; abusing church or religious care institutions for shelter and feeding of the poor; and community undesirables.

Most of these law enforcement sweeps and roundups have violated homeless citizen rights under the US Constitution. In the United States, the civil liberties are guaranteed by the First Amendment to the United States Constitution:

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.
The Fourteenth Amendment to the United States Constitution guarantees the religious civil rights. Whereas the First Amendment secures the free exercise of religion, section one of the Fourteenth Amendment prohibits discrimination, including on the basis of religion, by securing “the equal protection of the laws” for every person:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.”

The Fourth Amendment to the United States Constitution preserves the following rights …

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.

The Sixth Amendment to the United States Constitution preserves the following rights …
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.
The Eight Amendment to the United States Constitution preserves the following rights …
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
These civil rights should be protecting the homeless from shanty village sweeps destroying, confiscating, and dumping belongings without due process. The homeless should be protected from roundups, held in custody, and busing to relocation areas without due process. As well as, sweeps and expulsion from church services for the poor for sheltering and feeding during any religious services especially from Friday night to Saturday night and on Sundays during the Jewish and Christian Sabbaths.

My deepest respect, admiration, and blessings for the journalists killed and wounded in Libya and their families! We question how their courage and dedication can possibly ever be replaced. We hope that their memory is rewarded with a flock of young talented journalists to try their best to follow in Saintly footsteps. May they be remembered before the World and Providence. Tim Hetherington, 40, and photojournalist Chris Hondros, 41, were killed by a mortar attack. Two other photographers, Guy Martin was in serious condition and Michael Brown’s injuries are reported not to be life-threatening.

If Gaddafi’s forces are not discriminating foreign journalists from attack then what of Libyan civilians? Only worse can and should be expected. This at a time when Defense Tech of Military.com is reporting  “Western Troops Trickling Into Libya”  consisting of British SAS and British Armed Forces Officers and French Forces as a ” military liaison advisory team“. What is really needed from the NATO countries is a Brigade of French Foreign Legion and four French Armored Calvary Regiments bolstered with Heavy Weapon Platoons. The British could send in Mechanized Infantry Regiments to hold the ground that the French Forces have taken until UN Troops can relieve them.

The closer NATO Troops get to Tripoli the sooner it is End Game for Gaddafi and his supporters.

I’m sorry we can not send in Islāmic forces unless they fly the UN flag. However the French and British are in a better position to coördinate Air to Ground support. The United States would continue to support logistics and intelligence missions. 

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