Constitutional Rights Amendment Needed

I’d like to propose a preemptive addition to the Constitution that could prevent future erosion of our freedom.  This amendment would prohibit four things from happening to human beings in the future:

Universal marking or tracking of human citizens using implanted devices, mandatory tracking devices on their person or private vehicle,  tattoos,  branding, and/or any other personal marking or tracking technology to be developed would be prohibited.

Universal mandatory video or audio monitoring within private residences would be prohibited.

Embedding or attaching timed or remotely activated devices to humans that are intended to cause pain, suffering, immobilization, or death would be prohibited.

A universal biometric database containing all human citizens’ DNA profiles, fingerprints, retinal scans, facial recognition, and/or other unique markers later discovered would be prohibited.

This would not prevent maintenance of convicted criminal data by law enforcement, use of externally-worn GPS tracking devices as part of a court-ordered sentence or probation requirement, use of Tasers by police, or DNA databases for military personnel entering combat.  It would simply prevent such technology from being used to infringe on the freedom of the population as a whole.

Note: This is a revision to a previous concept.  I’ve added the word “human” to hedge against advances in technology.  While robots may look human and be given ever more sophisticated programming they will never be “human” and are not entitled to any human rights.

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Retroactive Laws: A New Assault on Private Property

A retroactive law is a law that criminalizes a past action that wasn’t a crime at the time.  Known as “ex post facto” laws, they are strictly and unambiguously prohibited by Article I, Section 9 (for Congress) and Section 10 (for states) of our Constitution.  They can be used to punish a person and/or to seize their property which is why such laws are banned.  Progressives, however, see the Constitution as an obstacle to their agenda.  I’ll look at one example of how they’re being used and then discuss the very slippery slope of ex post facto laws.

The state of California has passed some restrictive new gun laws.  One bans the manufacture and sale of high capacity magazines; the other (SB1446) prohibits possession of such magazines (hence requires confiscation) that were legally purchased in the past.  The constitutionality of the first law may be under debate everywhere but the second one is clearly unconstitutional.  It’s a retroactive ban, therefore it’s a ex post facto law.  Those who don’t submit to a mandatory “buyback” will be criminalized for what was a legal activity at the time of purchase.  The term “buyback” itself is a misnomer.  The government can’t buy back something it never owned.  If the government asserts ownership of all private property it’s a communist government.  Unless the government is paying full retail value for confiscated items it’s also theft.  Obviously confiscation of items obtained illegally or used for criminal purposes is a different matter that doesn’t involve ex post facto laws.

OK, you don’t care about the Second Amendment, but let’s look at just how slippery a slope ex post facto laws against private property could become.

The EPA has issued increasingly strict tailpipe emission and gas mileage requirements for cars and other light vehicles.  Tier I took affect in 1994, Tier 2 in 2004, and the Obama administration has approved even stricter mileage requirements in the future.  The standards that took effect in 1994 and 2004 effectively banned the future sale of new vehicles that didn’t meet those standards but they didn’t ban the ownership of older vehicles.  Suppose, however, that our progressive government, influenced by the socialist UN, decided to confiscate all vehicles that didn’t meet Tier 2 standards?  Of course they’d pay owners some token sum for surrendering their means of transportation but it would impose the greatest hardship on those who could least afford it.  Do they care?  NO!  Most politicians are rich.  As  I said once before, rich elitists will always live above the messes they cause for the masses.

You don’t think this could happen?  Don’t make me say “I told you so” again!  Over a year ago I predicted that we might someday see an environmental impact tax on meat.  Now the UN is actively recommending such a tax and Denmark is considering one.  Socialists are as relentless as ISIS when it comes to imposing their will on everyone.

The concept that private property that is obtained legally and not used for criminal purposes belongs to individuals, not the government, is fundamental to our freedom and our entire way of life.  Don’t let socialists incrementally deprive us of that freedom.

Tax And Destroy

Everyone has heard the famous quote “the power to tax involves the power to destroy” from Chief Justice John Marshall in an 1819 Supreme Court ruling that states could not tax the Federal government.  What about government use of taxation against the people it’s supposed to be working for?  What is that destroying?

For much of US history, taxes were collected to fund essential government services such as national defense, border security, law enforcement, public infrastructure, education, and resource conservation.  In fact Justice Oliver Wendell Holmes said “taxes are what we pay for civilized society”.  Progressives have changed that through taxation for wealth redistribution and “social engineering”.  Social engineering typically involves the use of punitive taxes to discourage “wrong behavior” as defined by some omniscient Big Brother.  I’ll start with punitive taxation.

Billionaire Mike Bloomberg is pouring millions of dollars into local efforts to impose a punitive tax on sugary sodas.  OK, they’re not particularly healthy, but where does that process end?  Under the influence of UN Agenda 21 Denmark is seriously considering a tax on meat.  Once the USDA includes sustainability in diet recommendations it won’t be long before progressives want taxes on meat, and eventually dairy products.  This is about controlling people, and more control equals less freedom.  Eventually the only choice progressives will allow is for an abortion.  Bloomberg also pours millions into local gun control efforts, some of which include punitive taxes on guns and ammunition.  No ammo tax will ever stop a street gang, psychopath, disgruntled worker, or jihadist from unleashing mayhem.  What it will do is hurt honest shooting sports participants, particularly those involved in competitive target shooting.  It takes thousands of hours and probably close to a million rounds to reach Olympic level competitor status.  It’s those honest achievers who will be hurt, not the criminal who loads a “Saturday night special” to rob a convenience store.

(Hey Mike, why don’t you ever ask for more taxes on billionaires?)

President Obama wants a ten dollar per barrel tax on oil, even though it would raise prices of gas and heating oil and could send the economy into recession.  This is a punitive tax to punish those who insist on using fossil fuels.  As I pointed out in “Alternative Energy: The Missing Link”, however, we don’t have the technology to convert to renewable fuels overnight.  How many cities are 100% powered by renewable energy 24/7?  The answer is none.  How many all-electric vehicles have a 500 mile cruising range, or even a 100 mile range that can recharge during a 5 minute rest stop?  Again the answer is none.  An all-electric vehicle is a great choice for commuting from the suburbs to the city but would you want to set out to “see the USA” in one?  Incidentally if that electric vehicle doesn’t recharge from a renewable source it isn’t fully “green”.  He claims that the tax revenue would be used for research, and while some might be, some of it might also be used for global wealth redistribution.

So, what about wealth redistribution?  Within the US wealth redistribution is accomplished through various welfare programs and a widely abused tax credit program called EITC.  If you read my proposal for the ISIC welfare reform program you’ll know that I’m not opposed to welfare as a hand up for the unfortunate or as assistance for those who are unable to fully support themselves due to disability.  When children are starving in spite of school meal programs, SNAP, and WIC, however, something in the system isn’t working.  When a person who is fully capable of working decides to live off the labor of others and then jokes about it on social media welfare fraud has gone too far and reform is past due.  That’s an insult to every working family that’s struggling to support itself.  I’m also opposed to allowing foreigners to enter the US and immediately land on extended welfare.  Traditionally our immigration policy only admitted honest healthy people who were capable of supporting themselves within a reasonable time frame.  See my “Immigration is a Privilege, not a Right” post for more.  Global wealth redistribution is a recent concept arising from UN Agenda 21.  Third world nations are demanding billions of dollars from developed nations to “go green” under Agenda 21 while having no intent to meet the human rights objectives specified in that agenda.  See my post “UN Agenda 21 vs the Wealthy Wimpy West” for more.  I believe that global wealth redistribution is unconstitutional.  Nothing in our Constitution allows the government to send our tax dollars overseas or be taxed by any foreign entity.

So, what are the socialist progressives destroying with social engineering and Marxist wealth redistribution?  Essentially everything that made the USA exceptional: freedom (choice, not control); individual responsibility (the flip side of the rights/responsibility coin); the value of the family, and national sovereignty.

As many have pointed out, the US will never be conquered from without, it will destroy itself from within..  Progressives/socialists are leading the charge.

2016 Update:  Not unexpected: the UN has advocated for all nations to tax sugary drinks like sodas.

Unexpected: the UN also wants taxes on 100% fruit juices.  Who wants their morning OJ taxed?  It’s past time to tell the UN that we’re a sovereign nation, and while we’ll work with them on international issues, we will not surrender our rights or our freedom to them.

A Privacy Paradigm

The left-wing/liberal/progressive position on individual privacy runs something like this: “If you’re not doing anything wrong what difference does it make if we track you?”.  The flaw in this position is the assumption that Big Brother has a fundamental right to know everything you do.  I can’t find that in my copy of the Constitution, can you?

The real privacy paradigm should be based on “Need to Know“, much as national security information is (supposed to be) controlled.  Suppose “the engineer” works for a defense contractor and has a secret level clearance.  That doesn’t mean that this engineer can go around accessing every secret document in the company because access is limited to the classified information needed to do the engineer’s job.  An engineer working on fighter jet navigation would have no need to access information on submarine nuclear power plants, for example.  Last week I bought a bag of chocolate chips.  Does Big Brother have any need for this information?  If not, leave me alone.

If privacy was based on “need to know” rather than “want to know” we’d all be both freer and more secure.

Repeal the Bill of Rights?

In “The Freedom Triangle” I explained how freedom is defined by three components: democracy, rights, and responsibilities.  Our basic inalienable rights are found in the first ten amendments to the Constitution, commonly known as the Bill of Rights.  Every one of them is important.  Every one was included because the authors of the Constitution, in their wisdom, had seen how authoritarian governments had abused their subjects and sought to protect us.  In fact the Constitution doesn’t talk about “subjects”, it talks about “We the People”.

Now the Constitution can be changed by the deliberately cumbersome process of amendment.  It’s long and tedious and the outcome is uncertain, but in this case that’s a protection, not an inefficiency.  Democrats, socialists, and other progressives, however, have found ways to weaken our rights by DE FACTO means.  That term simply means “that’s how it is”.  If you don’t like a law but can’t easily change it, find ways to circumvent it.  These tactics might be unofficial, like intimidation, or official, through restrictions or taxation.   In this article I’ll look at how several amendments are being attacked.

First Amendment:

Intimidation (aka Bullying):  At this time intimidation is the primary weapon against free speech.  It began with political correctness, a crybaby concept that has grown from a minor nuisance into a state religion.  We see intimidation on college campuses where students complain about “micro-aggression”, demand “safe spaces”, and are even told to call police if they hear something “offensive”.  Now that’s intimidation.  On a larger scale, political correctness stifles communication to a point where serious issues can’t even be discussed.

Intimidation also threatens religious freedom by erasing religious equality.  When Christian churches remove exterior crosses so they don’t “offend” Muslim immigrants they’re not accommodating newcomers, they’re surrendering their right to exist as a public entity; doing exactly what is required in Muslim countries.  From a Christian point of view they’re denying Christ just as Peter did.  When a restaurant owner is bullied into removing a sign advertising bacon for breakfast his free speech is suspended.  Jews don’t eat pork either but they’ve never tried to impose their dietary rules on others.

Legal Action:  Can the USA have laws against free speech beyond the “don’t yell fire in a theater if there isn’t one” and “don’t threaten violence”?  Maybe, because it’s happening in European countries that guarantee free speech.  In Germany a comedian has been arrested for insulting the president of Turkey, and In Sweden people can be arrested for ethnic slurs.  Some in the US are saying that “climate change deniers” should be arrested and oil companies should be sued because they “knew” their products would cause climate change.

Second Amendment:

Propaganda:   No amendment is under heavier public attack than this amendment, even though self defense it a fundamental human right.  It’s in common law because historically only the un-free (prisoners, serfs, slaves) were denied the right to protect themselves and their families.  We hear anti-gun propaganda everywhere, much of it funded by billionaires who are surrounded by armed bodyguards.  Their message: “be rich or be dead”.  They blame the NRA for Chicago violence, not the gang members doing the shooting.  They make their case with bogus logic that anyone who has learned how to think can spot as invalid.  Any criminal act is the act of a person, not an object.

Legal Action:  In addition to funding propaganda campaigns, billionaire Mike Bloomberg spends millions to buy local elections for anti-gun candidates who will then enact restrictive laws.  The result is a confusing patchwork system of laws that turn honest people into criminals while doing nothing to stop crime.  Liberal San Francisco’s laws are so tough that the last legal gun shop had to close, yet they did nothing to stop an illegal immigrant with a stolen gun from murdering an innocent young woman.  Chicago’s tough gun laws can’t stop the endless gang wars that have made it the murder capital of the US. The latest effort to drive gun makers out of business is to attempt to sue them for gun violence.  No company has ever been held liable for criminal use of their products because the company has no control over the consumer.

Taxation:   Everyone has heard Chief Justice Marshall’s statement that “The power to tax is the power to destroy” and liberals know punitive taxes can be used to deny “little people” their rights while preserving “billionaire rights”.  Seattle has a $25 tax on guns, a US territory has a $1000 tax per gun, and Hillary wants a 25% tax on guns (all for more money to squander).  What part of “right” don’t they understand?

Health care:  President Obama and his British-born Surgeon General, Dr. Vivek Murthy want to draft doctors into their war on legal gun ownership.  They have decreed that “gun violence” is a public health problem (but gang violence isn’t) so doctors should question patients about gun ownership, presumably to then evaluate their mental fitness to own a firearm while simultaneously creating a national gun registry in those digitized medical records.  Since doctors don’t get “gun violence” training (they don’t get knife or fist violence training either) they’ll be fed the far left agenda and sent out on a mission to declare as many people “mentally unfit” as possible (it’s already happening at the VA).  That won’t work on doctors who are also hunters but it will on many.  The answer is “no”.

Intimidation:  I discuss the DOJ’s “Operation Choke Point” under the Fifth Amendment.

SCOTUS:  In the case “D.C. vs. Heller” the Supreme Court upheld the right of honest people to own a firearm for self defense.  Progressives would love to get this ruling overturned.  That would effectively repeal the Second Amendment.

Fourth and Fifth Amendments:

Legal Action:  The fourth Amendment protects private property from unreasonable search and seizure without due process.  The fifth Amendment protects individuals from being deprived of “life, liberty, and property” without due process.  Government departments are using often dubious tactics to deprive people of their property without adjudication.  Here are two of them.

The IRS can seize bank assets of individuals or businesses if they suspect small deposits are being “structured” to avoid reporting requirements of amounts in excess of $10,000.  They don’t need any evidence of criminal activity, indictment, trial, or conviction to proceed.  Victims are often small businesses that deposit money regularly just to avoid being a robbery target.  Even innocent people must file an expensive lawsuit to get their money released.

Police can seize property under “civil asset forfeiture” if they suspect criminal activity, and that includes “untainted” assets, i.e., those not associated with the suspected activity.  Again the word is “suspected”; no indictment, trial, or conviction required.  Asset seizure can make it difficult for an accused person to hire attorneys and prepare a defense; a right guaranteed by  the Fifth Amendment.

Eminent Domain:  Eminent domain was included in the Constitution to allow governments at all levels to take private land, with compensation, for public projects that would benefit the community.  The intent was to support construction of roads, bridges, schools, and other public facilities.  That concept has unfortunately been expanded to allow taking of private property for private developments under the guise that they will expand the local tax base.  This “public good ” is nothing but a gift for wealthy developers at the expense of the people.

Intimidation:  The DOJ has initiated a process of intimidation not supported by any law called “Choke Point” to cut off “high risk” businesses from having bank accounts and obtaining credit.  Basically banks are threatened with legal action so they cancel the accounts of many honest businesses that pay taxes and wages.,  High risk businesses include firearms dealers, short term lenders, used car dealers, and adult entertainment.  So, what constitutes “high risk” is determined by politically motivated bureaucrats, not the law.  Congress has been urged to outlaw this practice but liberals support it because it furthers their agenda of control of the people.

Ninth Amendment:

Legal Action:  This amendment protects “unenumerated rights” of the people, i.e., those not specifically guaranteed by the other nine amendments in the Bill of Rights.  The most important right that has been asserted under this amendment is the right of privacy.  As the Federal government demands more an more tracking of peoples’ lives privacy is being lost, often in the name of the “common good”.  That is collectivism, the antithesis of what the Constitution stands for.  To make the situation even worse, neither the government nor various private data collection agencies can adequately secure their data against hacking or insider misuse.

Tenth Amendment:

Congress:  This amendment says that all responsibilities not specifically assigned to the Federal government by the Constitution remain with the states or the people.  Congress has been more than happy to de facto repeal this amendment with “one-size-fits-all” programs.  Nothing in the Constitution allows the Federal government to control public schools yet Congress created the Department of Education and has given it unlimited power over the states and parents.  This has allowed billionaire Bill Gates to fund development of Common Core, his vision of an ideal system, and coax the government to enforce it.  Nothing in the Constitution allows the Federal government to use the IRS to enforce health insurance yet it approved the ACA.  All the promises associated with this program were lies: costs will go down, you can keep your doctor, etc.  Even the insurers are losing money on this one.  Rising health care costs are a problem but the ACA does nothing to solve it.

Intimidation:  The Department of Education uses threats of withholding education money from school districts that refuse to comply with it’s directives.  Simply put, it uses our tax dollars against us.

So, that’s the picture, and it isn’t a good one if you value freedom because without rights you are not free.  Can the Bill of Rights be saved?  Yes, but time is running out.  The 2016 elections will pretty much determine whether your children will stand in freedom or kneel in servitude.

 

If you like your rights you can keep them… NOT.

Constitutional privacy amendment needed.

I’d like to propose a pre-emptive addition that could prevent future erosion of our freedom.  This amendment would prohibit two things from happening in the future:

Universal marking or tracking of citizens using implanted devices, mandated tracking devices,  tattoos,  branding, and/or any other personal marking technology to be developed would be prohibited.

A universal biometric database containing all citizens’ DNA profiles, fingerprints, retinal scans, facial recognition, and/or other unique markers later discovered would be prohibited.

This would not prevent maintenance of convicted criminal data by law enforcement, use of GPS tracking devices as part of a court-ordered sentence or probation requirement, or DNA databases for military personnel entering combat.  It would simply prevent such technology from being used to infringe on the freedom of the population as a whole.

“Let Freedom Ring”

If you’ve ever sung “America”, a song that seems to have fallen out of favor, you’ll recognize those words.  That song was intentionally set to the tune of England’s “God Save the King (or Queen)” and that’s the song we’d be singing today were it not for the patriots who wrote the Declaration of Independence and went on to build a new nation.  So why has the left turned the word “patriot” into a derogatory label?  Yes, there are some far-right extremists who want to fight the establishment with force but they’re a minority.  There are easily more far-left extremists who want to destroy our nation and it’s way of life, doing it slowly through dependency, youth indoctrination, lies, misinformation,  fear, and subjugation.  Most patriots just want a return to Constitutional values and they want to do It legally.  They want a smaller, less expensive, and less intrusive Federal government.  They want government officials held accountable for their actions.  They want all the rights the Constitution granted to people and the states.  They want people to be responsible for their lives rather than depending on the government.  They want government to be a good steward of our tax dollars and public lands.  Some honesty from our officials would be nice too.  The nation’s founders feared a large, domineering central government.  Their concept was that the central government would deal with national defense and international affairs while states retained many controls over internal matters.  What happened?

Patriots want leaders who put the USA first, above parties and above foreign interests, including the UN.  Our president once said “put America first” but his actions say he didn’t mean it.