John R. Houk
© October 30, 2013
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 IV – U.S. Constitution)
I have been a huge supporter of the Patriot Act (Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001) due to the reason that this law came into existence; viz. an Islamic terrorist attack on September 11, 2001 (911) on American soil that resulted in the deaths of about 5,000 people. To the extent that the Patriot Act is a tool to examine foreign activity that results in the nefarious acts of terrorism or is a supply line monetarily to foreign terrorism is something I still support. The key is the term “foreign.”
Since 911 the Islamic terrorist paradigm has an adaptive agenda to circumvent the nature of “foreign” as related to the American Homeland. Foreign Radical Islamic global Caliphate-minded Muslims have been working for years to plant their theopolitical ideology as a homegrown paradigm. The more homegrown a Radical Islamic organization or Mosque the less the claim of ties to foreign terrorism. Currently most Islamic organizations in the USA can be traced to a foreign Saudi or Muslim Brotherhood hand in a large degree. There are actually lesser known Radical Islamic organizations associated with foreign Islamic terrorism that are not Saudi or Muslim Brotherhood; however it is less likely that those organization will separate from their parent foreign Radical Islamic connection. Inevitably the Radical Islamic homegrown planted organizations will attain a self-sufficient operation independent of foreign ties. When that happens use of the Patriot Act laws would legally be ineffective to monitor domestic criminality and will be subject to the traditional ingrained Constitutional framework of the Fourth Amendment that protects Americans from unwarranted searches of private property including snail-mail, email, telephone, Internet and so on. A Radical Muslim network divorced from their foreign founders will essentially operate mafia-style to Islamize America using the U.S. Constitution to terminate Constitutional Law in favor of Sharia Law.
I am certain the Patriot Act has been abused by stretching the reach of its mandate in protecting Americans from foreign terrorism. The Patriot Act must be updated to better accommodate the Fourth Amendment especially on a domestic level. For one thing the Foreign Intelligence Surveillance Act (FISA) needs more precise language so that relating information, broad undefined information or just plain no defined information cannot be used to acquire a FISA Court Search Warrant. The lack of specificity in legal language has made the marriage of the Patriot Act and the FISA Courts a Law Enforcement and Intelligence Agencies, a paradigm of an abuse-of-power waiting to happen. Such abuse is in direct violation of the Fourth Amendment. If Congress fails to add specificity in the Patriot Act and the Courts based on FISA, then those tools need to be scraped OR just plain be ruled unconstitutional due to the Fourth Amendment.
The ability of the devotees of Radical Islam to use the Constitution to undermine the Constitution is a reason for some kind of Surveillance Act on a foreign and domestic level to exist. In the past I have favored Security to trump Civil Rights directly in the aftermath of 911; however it has become evident the truism of ‘power corrupts and absolute power corrupts absolutely’ has swayed me back to emphasize Civil Rights. Again, I am still a supporter of the Patriot Act, BUT not as it is codified today. There must be a balance in the use of security and Civil Rights with any erring to come down on the side of constitutionally mandated Civil Rights. Check out Judge Andrew Napolitano:
Here is an excerpt from the article by Judge Napolitano in which the above video was located:
The case or controversy requirement demands that there be real adversity between two or more distinct entities each of which has a stake in the outcome of a dispute before a federal court can exercise any jurisdiction. Federal courts can only resolve disputes; they cannot rule with finality in the abstract or when approached by only one party. They can grant preliminary temporary relief to one party — in order to freeze the status quo and in anticipation of an adversarial contest on the merits — but they cannot rule when only one party is noticed and shows up.
This is precisely how the FISA court functions, and yet we have no merit-based ruling by the Supreme Court on its constitutionality. …
But this is just what Congress did with FISA. In the FISA court, only the government appears, seeking a generalized search warrant without regard to the facts of any specific case. There is no case or controversy in the constitutional sense as there is no adversariness: No plaintiff is suing a defendant, and no defendant is being prosecuted by the government. Absent adversariness, the federal courts have no jurisdiction to do anything.
This flawed system is complicated even further by the fact that should the FISA court deny an application for a general warrant because it believes the government’s procedures to be illegal or unconstitutional, those court orders are non-binding and the government has ignored them. Unenforceable rulings that may be disregarded by another branch of the government are not judicial decisions at all, but impermissible advisory opinions prohibited by the Framers.
When a FISA court judge rules that the NSA has the constitutional power to spy on Americans about whom it has no evidence of wrongdoing, as one judge did two weeks ago, because that ruling did not emanate out of a case or controversy — no one was in court to dispute it — the court is without authority to hear the matter, and thus the ruling is meaningless.
By altering the constitutionally mandated requirement of the existence of a case or controversy before the jurisdiction of the federal courts may be invoked, Congress has lessened the protection of the right to be left alone that the Framers intentionally sought to enshrine. But don’t expect the government to wake up to this threat to our freedom. Its consistent behavior has demonstrated that it doesn’t care whether it violates the Constitution. Instead, expect the president’s secret agents and the politicians who support them to hide their wrongdoing behind more layers of secrecy. (Is the FISA Court constitutional? By Judge Andrew P. Napolitano; FoxNews.com; 9/26/13)
Marxist principles as espoused by Russia’s Lenin and Stalin and China’s Mao Zedong (or Mao Tse Tung) is a Communism that overthrows the government by means of a transforming ideological revolution. Early American Communists were enamored by Lenin’s revolution that overthrew Czarist Russia that transformed Russia into the illusory delusion of a utopia. The reality is Russia was transformed from an elitist oligarchy of nobles in which huge amounts of citizens were regarded in low estate into a Leninist-Communist oligarchy of top-down transformist police state. In Russia’s case the removal of a royal oligarchic autocracy to a Communist dictatorship did not produce individual Civil Rights. Conformity was the centrality of Russian culture under the Czars and the new Communist government. That Russian Revolution which affected American Constitutional government was the desire of Russian/Soviet Marxists to export their transformational revolution to the entire world. In America’s case too many closet Communists became a part of positions of influence in both government and culture.
Senator Joseph McCarthy in the beginnings of the Cold War went from a hero exposing Communists and/or Soviet-Communist sympathizers in these places of influence to being painted as a nut-job witch-hunter that ruined lives more than protecting the government and Americans from Marxist transformationism. History has shown that Joe McCarthy was closer to being correct than being a witch hunter that destroyed innocent lives. Bipartisan powerful politicians and Executive Branch Establishment-minded leadership began to fear the stigma of hiring Communist sympathizing functionaries. A Left oriented Mainstream Media sympathetic to a Socialist paradigm also began assaulting McCarthy. A better a truism might drove McCarthy to alcoholism thus ruining a patriot’s life.
There are bad people who desire to destroy America and our way of life initiated in the great experiment of a Constitutional Republic initiated by our Founding Fathers. The primary assault on America in the 20th and 21st centuries has been interpretations of Marxism and Caliphate-minded Muslims. We as Americans need to get behind some kind of balance between National Security and Constitutional protections we call our Civil Rights. Since 911 the government has evolved from a protective nature to ignoring the Rights ingrained in the U.S. Constitution. I believe government abuse caused by a misplaced enthusiasm to hunt down Islamic Terrorists (I guess our fearless leader would call them Enemy Combatants). That government abuse has filtered into policing domestic criminals such as thieves, bank robbers, various levels illicit drug distribution, murderers and so on.
Domestic policing ALSO has led to ignoring the Constitution’s Fourth Amendment pertaining warranting search, seizure and attacking personal property. Yesterday I managed to get to an old email from the Rutherford Institute written by John W. Whitehead. The email begins by relating true incidents in which police have erroneously invaded homes of innocent citizens which resulted in deaths. I am not talking about police officer deaths. I am talking about police officers shooting to death citizens who believed their home was being invaded by criminals.
And this is how I am going to end my thoughts on the Fourth Amendment. Read Whitehead’s article and be prepared to be outraged by the abuse of power.