Monday, June 25, 2007

What have we become?

In response to the comment below:


The nation of "Give me Liberty or give me death" has become a nation willing to sell its remaining remnants of Liberty for supposed security.

To think, men such as Patrick Henry risked their necks by making bold statements and signing declarations; men who desired Liberty to such a degree that they were willing to leave the security of the bosom of the most powerful country on Earth in order to strike out on their own, against the world and its evil empires.

Men who threw off the King's yoke of oppression, a yoke that was nothing compared to the levels of taxation and intrusion which we suffer today: "(A) long train of abuses and usurpations." Today, we cheer presidents who create "a multitude of New Offices, and sen(d) hither swarms of Officers to harass our people and eat out their substance." But, we are safe. Yea, we are safe from Liberty.

It now appears that we have become a nation that fears the responsibilities of Liberty; a nation that readily sells its past to the next demagogue promising a few more moments of supposed security. Yet, our Founders never considered security over Liberty.

In fact, this nation was founded by those who believed Liberty was more important than life itself. Men such as Benjamin Franklin, who said, "Those who sacrifice Liberty for security deserve neither." Once again, it appears that his pronouncement will be proven true.

Pick a nation that has fallen for a despot -- any nation, in any era -- and the key to the transfer from Liberty to slavery was indeed the populist call of security.

In addition, writers such as the one below are willing to loosen their grip on Liberty -- oh, they are willing to give Her away to those who claim allegiance to the Republican Party. Yet, any increase in centralized power will end up in the hands of the next Clinton/Obama White House. And when that happens, don't cry the evils of government. We will have done it to ourselves.

-- Jim Fedako

Anonymous has left a new comment on your post "A link for Cheney and others who have never read t...":

Let’s look more closely at the issue and frame it in its real context; and then contrast its implications against your charges:

Cheney has claimed for the last four years that his office is not fully part of the administration in order to exempt it from a presidential order regulating federal agencies’ handling of classified national security information, which the National Archives claims demonstrates a failure of proper security safeguards and jeopardizes the nation’s most sensitive security secrets.

Is his a specious argument? Yes. Harmful? Hardly. In fact, he is dutifully ensuring that national secrets that would otherwise be leaked and used by our enemies—both foreign and domestic (think “New York Times”, “ACLU”, congressional Democrats, and other enemies of the State)—remain secret. This is not speculation—it’s fact, demonstrable and supported by the many leaks of highly classified information we have seen in the last several years for which we have paid an added, unnecessary price in American and Iraqi lives.

And, of course, we all know how well the National Archives protected Top Secret reports, analyses, memoranda and other documents from Sandy Berger, who left guarded, “highly secure ‘SKIFs’ ” with dozens of original documents stuffed in his underwear and socks that were ultimately left underneath a trailer at a construction site (and subsequently lost) or destroyed.

But at its base, your charge is as static and blindly academic as those you rail against over and over on this blog. Economics, for example—using your favorite topic, is highly dynamic and any serious analysis must take into account behavior, which tends to foil positions that are staked purely in academia. The tenets that apply to economic theory also hold true in this—and any—argument, and you ignore them. You argue (academically) on powers and limits enumerated in the Constitution and do not recognize or account for the motives and behaviors of the politicians and bureaucrats who are the practitioners and stewards of those powers (the “behavior” variables). As we have seen time and again these last several years—regardless of what you think of the Iraq War—the administration’s critics in congress and in the media have released (in the case of Sandy Berger, destroyed) highly classified intelligence that has proven devastating to the national security of the Unites States, in general, and to the war effort in particular.

Seriously—who do you trust more with national security secrets? The administration or the New York Times? Because your argument ignores the dynamic of the equation—the “either/OR”—I have provided the “OR” here. To deny that at least some of the secrets Cheney is safeguarding (correct terminology) will not wind up in the press—resulting in yet more additional, unneeded America blood spilled—is to be as intellectually vapid or dishonest as the ideologues you so often criticize. This is not hysteria, but a conclusion supported by recent, historical fact.

Is Cheney bending the Constitution? Probably. Executive or Legislative-Constitutional infidelity is hardly a new phenomenon—it’s de rigueur in Washington, and always has been. And executive orders are not ratifications of the Constitution—they are presidential edicts that are often frivolous, and existing ones are routinely discarded as first official acts of incoming presidents. The constitutionality of the Executive Order has long been suspect, but is honored and tolerated by each of the Parties because they both rely on them. So much for hardwiring the fidelity of the Executive Order to the Constitution. By the way—which EO is Cheney violating? Is it 13129? No, that would be the EO to assassinate bin Laden…How about 13011? Nah….that’s the one Bill Clinton signed that created the CIA rendition program. Try finding support for those in the Constitution. I think you get my point.

Of what academic consequence is all of this? It offends the sensibilities of Paulites, Lefties and academics. Of what practical consequence is all of this? It ensures that vital national security data does not get in the hands of a press, activist congress and affiliated groups that have dedicated themselves to destroying the war effort—even if it puts our nation at risk.

I side with offending the sensibilities of the Constitutionalists on this one. As the Founding Fathers would understandably be aghast at some of the current conduct of the Executive Branch, I suspect they’d be terrified to witness the kind of official and sponsored sedition their document has been perverted to protect.

Take your pick.





Note:

1. I don't trust either party; neither should you.
2. Read a little from the Austrian School of Economics, not simply the neoclassical/Keynesian nonsense taught by tax-funded professors.
3. Read some Mises and Hayek to realize that you were not the first to discover the true motives of politicians and bureaucrats. Read what the Bible has to say regarding the desire for kings.
4. If you continue to accept the concept of a small-c constitution -- one that bends with the wind -- be willing to accept all that comes with it.
5. When Clinton/Obama play these types of tricks, please don't cry foul. What goes around, comes around -- and usually to a higher degree.
6. Don't play Republican Congressman and claim that only the Democrats raise taxes and spend our children into tax slavery. The Republicans doubled the amount of debt that my children -- and your children -- will have to bear. Yet, I'm certain that you gave THEM a pass.
7. Stand up for Liberty. Stand alongside The Founders and be terrified of the perversion of the Declaration and Constitution. Have a backbone and realize that this nation was founded by those who wanted to be protected FROM government, not BY government.
8. Or, simply allow things to continue on their current path. Feel safe and sound. Bush and Cheney hold the crystal ball, and can divine the future -- they are omniscient. They are keeping you safe, as they have only good intentions for the removal of your freedoms.
9. Rest assured that The Founders lived in a different period, a period where men would stand up against the encroachment of government. You, on the other hand, were born into an era where men seek the warmth of government to ease any fear; real or perceived.
10. Finally, you can explain to your children how you sold their birthright to the political hacks; all for the dream of security. I'm certain that your children will be proud of you as they work to pay the debts for bonds on which we have forged their signature. "Yes, dear children, those are chains. But, at least the iron links will keep you safe."

6 comments:

Anonymous said...

1. I don't trust either party; neither should you.

I don’t trust any political Party; I only vote for those candidates who share my beliefs.

2. Read a little from the Austrian School of Economics, not simply the neoclassical/Keynesian nonsense taught by tax-funded professors.

This is not a debate on economics, but rather a debate on current events juxtaposed against political history, political reality and the Constitution—all three are required to understand the topic at hand, and not to merely accept at face value simplistic propaganda

3. Read some Mises and Hayek to realize that you were not the first to discover the true motives of politicians and bureacrats. Read what the Bible has to say regarding the desire for kings.

I hold no pretensions of original thinking on this matter, and your point on the motives of politicians reiterates those in my comment.

4. If you continue to accept the concept of a small-c constitution -- one that bends with the wind -- be willing to accept all that comes with it.

BEND with the wind? The Founding Fathers used the Constitution as a kite to fly ON the wind. While it’s the finest document man has ever produced the Founders—and every administration since George Washington—either did not see to the enforcement of key protections or limitations therein as executors; or knowingly or purposefully violated at least some of its tenets as legislators for political accommodation or expediency. Lincoln, for example, had to suspend the writ of habeas corpus by Executive Order in 1862, in order to issue the Emancipation Proclamation. Why use this as an example? Because it was the first EO that was numbered; all prior EOs were issued in secret (sound familiar?). Also, The Emancipation Proclamation was enacted by presidential order despite Article I of the Constitution which declares that “All men are born free and equal, and have certain natural, essential, and unalienable rights…”. Now, what what’s this business about the Founders’ infallibility?

5. When Clinton/Obama play these types of tricks, please don't cry foul. What goes around, comes around -- and usually to a higher degree.

See #3. It’s expected. I’ll be outraged, but never surprised.


6. Don't play Republican Congressman and claim that only the Democrats raise taxes and spend our children into tax slavery. The Republicans doubled the amount of debt that my children -- and your children -- will have to bear. Yet, I'm certain that you gave THEM a pass.

I have made no such claims, and that has nothing to do with this discussion, which is the dubious claim that Cheney’s recent actions somehow violate the Constitution.

7. Stand up for Liberty. Stand alongside The Founders and be terrified of the perversion of the Declaration and Constitution. Have a backbone and realize that this nation was founded by those who wanted to be protected FROM government, not BY government.

While I agree with you in principle, the practical reality is that many in positions of power and influence do not. Their agenda is to weaken this nation’s position in the world; and in order to do that they must take actions that compromise and weaken our security infrastructure. Those acts just a few decades ago would have put these people in the gas chamber. Now they’re celebrated. Again…take your pick of which presents the greater danger.



8. Or, simply allow things to continue on their current path. Feel safe and sound. Bush and Cheney hold the crystal ball, and can divine the future -- they are omniscient. They are keeping you safe, as they have only good intentions for the removal of you freedoms.

Please tell me which Constitutional freedoms the current administration has deprived you or me. How are you, Jim Fedako, aggrieved, disenfranchised or deprived of your Constitutional rights?


9. Rest assured that The Founders lived in a different period, a period where men would stand up against the encroachment of government. You, on the other hand, were born into an era where men seek the warmth of government to ease any fear; real or perceived.

…a period when a free press was a responsible press and members of the (Continental) Congress didn’t supply aid and comfort to the enemy. Please…in the Founding Father’s time executions for treason were routine. Today, secrets vital to our national security are splashed on the front pages of newspapers—courtesy of our elected and appointed officials—and aired internationally with impunity. Rest assured that the Founders would be more alarmed to see their document perverted to support the destruction of the nation than to perverted protect it. Again…take your pick of what represents the greater danger.

10. Finally, you can explain to your children how you sold their birthright to the political hacks; all for the dream of security. I'm certain that your children will be proud of you as they work to pay the debts for bonds on which we have forged their signature. "Yes, dear children, those are chains. But, at least the iron links will keep you safe."

You’re all the place on this…is it the added expense of firming up our national defenses that’s got you in a tizzy, or the imagined curtailment of Constitutional rights at the hands of the evil Bushies?

Please explain how Jim Fedako has been deprived of his liberties as a result of the administration’s actions since Day One.

Jim Fedako said...

Missing from your comments is any understanding of the fact that our Constitution does not provide rights, it simply shifts the enumerated powers - rights - from the realm of the individual and the separate states to the federal government. All rights are assumed to be within the realm of the separate states and the individual - less those enumerated rights granted to the federal government and the separate states by the people.

You have it backwards: the Constitution and Bill of Rights do NOT provide me with anything other than a hope - a system - for protection from encroachment by the federal government on my God-given rights.

To many of our Founding Fathers, the Bill of Rights was superfluous nonsense. The Constitution does not spell out all of the rights of man; our Constitution simply limits - circumscribes - the power of federal government.

The idea of certain constitutional rights being afforded by the Bill of Rights is meaningless mush. Read the Ninth and Tenth Amendments; amendments that spell out the concept of our God-given rights - less those rights granted to the federal government and the separate states by the people.

So, I do not have to list matters when I was personally aggrieved. If one accepts that Constitution, and its underlying reasoning, I am aggrieved any time the feds assume powers not granted to them.

And, that list is plentiful.

Anonymous said...

Sophistry.

Instead of Mr. Fedako explaining how his Constitutional rights were violated (and yes, despite his admonition, that was a correct question) a dissertation flows about enumerated powers.

Of course the Constitution outlines the limitations of government--that's 9th grade civics; but, how can one look at a list of governmental limitations and not interpret from those the implied rights of the governed? Just ask any of the Supreme Court justices: Correct or not by Fedako's conventions of understanding and interpreting the Constitution, the Supreme Court adjudges cases in this fashion.

A classic (and still disputed) example of this is abortion. From the limits of government intrusion outlined in the Due Process Clause of the Fourteenth Amendment to the Constitution was interpreted--right or wrong--privacy rights that supported the affirmation of claims made in Roe v. Wade, from which was articulated a citizen's "right to reproductive privacy" and, ultimately, the right to unfettered access to abortion. From the limitations of government intrusion outlined in the Constitution the Supreme Court affirmed the freedoms citizens have from government intrusion. In this case it was the right to "reproductive privacy".

And in the recent Morse v. Frederick case ("Bong Hits 4 Jesus"), the court held that
the "plaintiff's free speech rights do not supercede the school's right to censor non-disruptive student speech if such speech is regarded as encouraging illegal drug use."

Again, we see the Supreme Court recognize citizens' rights as they relate to the Constitution.

Jim Fedako's interpretation of the First Amendment: "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 average person's interpretation of the First Amendment: "I have a right to say what I want; to write what I want; to hang out with who I want; and to practice the religion of my choice".

The latter reading of the First Amendment is not incorrect, it's just practical and not academic.

Nevertheless--back to the topic on hand: how are the Bushies in violation of the Constitution, and how does this affect Jim Fedako, other than to violate his intellectual sensibilities?

"So, I do not have to list matters when I was personally aggrieved. If one accepts that Constitution, and its underlying reasoning, I am aggrieved any time the feds assume powers not granted to them".

If you are aggrieved that the feds--in this case, Cheney--"assume(d) powers not granted to them" then please list what they are. You may be correct, but my point of contention is that yours is a purely academic exercise that ignores history and the implications of Constitutional interpretation as they relate to current issues. To reduce it to a simplistic, monochromatic argument is to miss entirely the gravity of what we face today as a nation.

You are really starting to sound like an ACLU attorney and THAT's scary. When Nuradin Abdi goes on trial later this summer what will Jim Fedako post?

"The Contitutionality of the NSA domestic surveillance program may be sketchy, but at least Polaris Mall is still standing and dozens of people were not killed".

OR

"Polaris Mall was blown up and dozens were killed, but at least the feds didn't violate the Fourteenth Amendment's Due Process Clause limiting government intrusion".

Take your pick.

Jim Fedako said...

Sophistry? And, this coming for one who relies solely on the Either/Or Logical Fallacy in attempt to make a point. Huh!

I know, I know. The Polaris Mall was moments from destruction, when, to our good fortune, Jack Bauer called Bush and Cheney in the War Room to let them know that he had single-handedly apprehended the suspect and disabled the bomb.

Hey, wait, that's TV.

So, maybe you aren't applying a logical fallacy. Maybe, Instead, you are parroting the party-line in the form of the pro-security bromide repeated ad nauseam by those desperate to hold onto power.

Do you not remember the survivalist nutcase who was blowing up bombs in Alum Creek State Park in the 90's? There are similar goofballs everywhere, inept fools with big mouths. They will always be with us.

There is no guarantee of safety and security. Did you not live through the 70's, when any flight was a possible trip to Cuba or beyond? Did you not travel to London when the IRA was lobbing mortars at #10 Downing Street? And, did you not live through similar situations? Virginia Tech? Not to mention the USSR, and its thousands of warheads - ones still locked and loaded in the steppes of Russia.

What I love best about your arguments - and that its line of reasoning gives you away - is the belief that the majority of our congressmen and women are fighting over who places the noose around the necks of this great nation; with the noose being the security documents held in Cheney's possession. And, given this state of affairs, subverting the Constitution - the separation of powers - equates to a patriotic act; with Cheney as a modern-day Minute Man. Have you been reading Goebbels instead of Jefferson?

You had better be prepared to fight for a Bush/Cheney empire. What in the world will you do when Clinton/Obama take office and begin reading Cheney's dark secrets? According to you, we are sunk.

Regardless of the party in power, my fear remains; with the penumbra - the shadowy gray region currently surrounding Life, Liberty, and Property - shifting from God-given rights toward collectivism and socialism. A shift that has greatly accelerated during the supposed small-government administration of the current Republican president. You will cheer as the Brownshirts and Blackshirts lead the Great One into the stadium, in a Triumph of Will fashion; while I lament the passing of the Revolutionary Ideal.

As I have said before, you are willing - desirous even - to exchange Liberty for security. During our revolution, you would have been a Tory: one who cannot face life without the protection of a King and his guard.

This discussion began when I stated that Bush and Cheney have no concern for the Constitution that they were sworn to uphold. On that, we agree. Your only contention is that you have been sold the lie of security and safety; a lie that says that nothing should stand in the way of a nation at war, certainly not a two hundred year-old paper document.

What I do know is this: The most powerful nation on Earth has been unable to locate the chief perpetrator and financier of 9/11 - after almost six years of effort and countless tens of billions of my tax dollars.

Based on this track record, you expect me to gladly relinquish Liberty for the inept security provided by the feds - Bush, Cheney, et al. Have you even considered the nonsense of this line of reasoning?


note regarding ACLU: Regardless of party affiliation, almost everyone considers them the first line of defense when their rights are violated. They may be vile at times, but its always interesting to see who sides with them on any given issue.

Anonymous said...

"Sophistry? And, this coming for one who relies solely on the Either/Or Logical Fallacy in attempt to make a point. Huh!"

Words structured without logic are just comments and not arguments--and your post was just that--an illogical comment and bitchfest, and I called it for what it was.

The inclusion of the "OR" introduced the variable that took your comment (static) and turned it into an argument (dynamic), which then could be debated.

We'll just have to agree to disagree. The polarity of our world and historicaly views could not be more different.

Jim Fedako said...

How about obfuscation? You committed a logical falacy - the either/or - and you refuse to accept it.

You cannot fall back on logic until you clean up your mess.

And, I will assume that your version of "let's agree to disagree" is exactly what I posted in http://antipositivist.blogspot.com/
2007/03/philosophical-divide.html