Is This How Liberty Dies?
The Market Ticker ® - Commentary on The Capital Markets
Posted 2011-12-19 12:52
by Karl Denninger
in Other Voices
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Is This How Liberty Dies?
 
by Calen Fretts
 
On Thursday, December 15 - the 220th anniversary of the Bill of Rights - Congress passed the National Defense Authorization Act (NDAA), which can be used by the President to indefinitely detain Americans without charge or trial; an utter eradication of the Fifth Amendment, without apology. Our Congress decided the President needs more power at the expense of the people and the Constitution.
 
Is this what our veterans and our forefathers fought and gave their lives for? Is this what Americans want their Congress to do? Place power like this in the hands of one man - the President - to do as he wishes with American citizens?
 
The Fifth Amendment to the United States Constitution recognizes your right to due process: "No person shall... be deprived of life, liberty, or property, without due process of law." The Fourth Amendment, for what it's worth, also recognizes that your right to be secure in your person and in your house (among other things) cannot be infringed by sidestepping the legal process. The explicit recognition of these rights by our government is one of the things that has always made our country exceptional. But this new law is a misguided attack on our country's 220-year recognition of these inherent rights.
 
Let us look at the final text of the bill. In "Subtitle D--Detainee Matters", Sec. 1031, "Congress affirms that the authority of the President...includes the authority...to detain...any person...who was a part of or substantially supported...enemy forces." The keyword here is "substantially supported." This designation is extrajudicial - that is, at the President's discretion. Sec. 1032 says, "The requirement to detain a person in military custody under this section does not extend to citizens of the United States." The keyword here is "requirement." In other words, the President has the authority to indefinitely detain any person who "substantially supported" the enemy, and is in fact required to do so - unless it is a U.S. citizen, in which case it is at the President's discretion.
 
What if opposition to certain government policies - the Patriot Act, or the TSA, or certain military actions, for example - is deemed "substantially supportive" of the enemy? What if a President's discretion, in lieu of a Constitutionally-guaranteed jury trial, is faulty and harms innocents? Obama himself, and those who succeed him, will now decide whether to send government agents to your living room to apprehend and detain you, without charges, for whatever duration they wish (or for as long as there is a War on Terror), under a Congressionally-condoned false pretense and color of law. Did we not learn from Russia, China, and Germany in the past century?
 
The so-called "conservatives" in Washington who are, at least in public, constantly at odds with the Obama agenda are the majority of whom voted for this bill. How dare they give this (or any) administration even more broad unilateral power to unequivocally control the very lives and liberty of We the People?
 
Couple that with the fact that Predator drones are now being used inside the United States as police tools, and we are looking at an outrageous reality. We must be honest with ourselves: America is becoming a police state. It cannot be overstated how serious of an offense this is. All those in Congress who supported this legislation must be voted out of office for violation of their oath to uphold the Constitution. That is the least that should happen in response to such an egregious assault on our liberties.
 
We cannot allow the slow death of our Republic.
 
Over the past decade, our rights have slowly been dissolved. Some say, "It couldn't happen here. This is America!"
 
Wake up. Congress just made it happen.
 
This has got to stop.
 
Calen Fretts lives in Valparaiso Florida and is a Libertarian candidate for the U.S. House of Representatives in the First Congressional District
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User Info Is This How Liberty Dies? in forum [Market-Ticker]
Visualcsharp
Posts: 343
Incept: 2009-12-19
Silver
Round Rock, TX
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This like this seem to be happening more and more frequently as of late. I feel like we are headed toward the "limit of the function," so-to-speak -- to the singularity of complete government control from which there is no turning back.
Truthseeker
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And it has to stop. How?

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"...But people better realize that the worst-case scenario could actually happen.9/11 happened. This can happen. An economic 9/11, the likes of which we've never seen." Gerald Celente
Jstanley01
Posts: 8262
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Quote:
Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety. ~Benjamin Franklin

http://en.wikiquote.org/wiki/Benjamin_Fr....
And what we deserve, that's exactly what we're getting.

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You can't cheat an honest man. ~P.T. Barnum
Lowbeyond
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Quote:
We cannot allow the slow death of our Republic.

Uh. Huh..
Quote:
This has got to stop.

And just how would you like it to stop ? What was the final vote..

283-136
86-13

Sorry.. It is Over. It is the End of the Beginning. Round two coming soon... Be sure to practice your "camera" wave.

Be sure to wish good thoughts to your betters and their willing accomplices in the government.



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Maybe it was a birdy bread-bomber from the future?!

Frat
Posts: 1939
Incept: 2009-07-15
Silver
NKY
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My name is Frat, and I approve of her message.

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We're ****ed. Where's Henry Bowman when you need him?
Visualcsharp
Posts: 343
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Silver
Round Rock, TX
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Truth, I don't believe there is a way to stop it. There simply aren't enough logical, rational thinkers in the world. As long as most people are ruled by their emotions and not by rational thinking, the best we can do is try to blend in and not become the object of their next tirade. I wish it weren't so, but these past few years have clearly demonstrated that the worst traits of humans (greed, desire for power and control, knee-jerk emotionalism, etc.) tend to rule the day.

Reason: spelling
Lowbeyond
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Oh and don't forget SOPA is up next. And of course the Law is the Law!

smiley

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Maybe it was a birdy bread-bomber from the future?!
Susanjbear
Posts: 419
Incept: 2010-06-10
Gold
Salt Lake City, Utah
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"So even if the police illegally stop you, detain you, and beat you, you aren’t permitted to resist. Just roll over and take it. Submit."

http://www.theagitator.com/2011/12/19/ka....

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Susan
Crzymorse
Posts: 1228
Incept: 2010-06-25

Maryland
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Makes you wonder if they see trouble on the horizon, maybe the proverbial hackneyed CAN can't get kicked much further. I wonder if Guantanmo Bay Prison has gotten bigger or smaller since the Barack "Hope and Change" Obama was going to close it. See what they do not the rhetoric they spout.

Why would the congress pass a bill like this....maybe the **** is going to hit the fan when Europe goes down.

I for one would like to start a airline that offers no security, allows people to take handguns on the plane. Fly at your own risk.

Loki
Posts: 7
Incept: 2011-12-02

Galesville, WI
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This bill is a Declaration of War against US citizens. I want to be clear. Disagreement, dispute, and dissent against this & future administrations will be deemed grounds for that person or persons to be suspected of terror links & indefinitely interned without charges, legal recourse, administrative appeal, or any form of governmental oversight.

Point out that the US government violated the US Constitution, USC, CFR, or any Treaty ratified-go to Club Gitmo for an extended stay. Whistle blow corruption, fraud, breach of trust-go to Camp FEMA for an extended stay. Exercise your right to protest or demonstrate or air any grievance against the criminal government-you will be disappeared JUST LIKE IN ARGENTINA BY THEIR JUNTA.

Enough of this silliness of save our democracy or saving our republic. They are long dead and gone. It is past time to form new government as outlined in the Declaration of Independence and leave from out under the old corrupt collapsing tower of Babel one we have now.

The system is too broken down, too corrupt, too controlled by bureaucratic obstruction-legal challenges to enact any meaningful reform without the use of force and that would only draw out the military and lose any morale high ground upon with such a movement would stand.

Boycotts, black markets i.e. barter/trade (not contraband or controlled substances), living off the grid as much as possible to hasten the collapse, reducing the tax/fee revenues by withholding money from the economy are more effective than guns. Currency is the lifeblood (oil) of the system, withdrawal it and watch the system lock up just like an engine.

Reason: Poor Grammar
Truthseeker
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Loki wrote..
Boycotts, black markets i.e. barter/trade (not contraband or controlled substances), living off the grid as much as possible to hasten the collapse, reducing the tax/fee revenues by withholding money from the economy are more effective than guns.


My thesis, exactly.

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"...But people better realize that the worst-case scenario could actually happen.9/11 happened. This can happen. An economic 9/11, the likes of which we've never seen." Gerald Celente
Lowbeyond
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was there any doubt Susan ? Even in those state where you can resists an unlawful arrest/detention.. Well those are words on a piece of paper.

In practice ... You better be willing to kill and be killed yourself, for in practice the boys in blue will hunt you down and beat the crap out of you if you dare lay a hand on the king's guard. If you actually kill one of them, well the entire force will hunt you down and kill you - after all you are a cop killer.

Just remember the cops are just like you and me - only better. so STFU

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Maybe it was a birdy bread-bomber from the future?!
Jackl
Posts: 2250
Incept: 2008-01-17

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Quote:
I wish it weren't so, but these past few years have clearly demonstrated that the worst traits of humans (green, desire for power and control, knee-jerk emotionalism, etc.) tend to rule the day.


Sadly, humanity in general learns most effectively from Pain. It also quickly forgets in the absence of injury. Until we evolve past that we're stuck rhyming with history.

This will continue until it can't. as we've said before peaceful resolution become less and less likely with each passing day. God help us all during the next two decades.
Winstonsmith2009
Posts: 1061
Incept: 2009-08-05

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1. Assassination of US citizens without due process (no, I don't mourn those killed thus far, it's just the principle).
2. Indefinite imprisonment of US citizens without trial.

What's left?

"Good intentions"
Cluelessinfl
Posts: 115
Incept: 2011-01-08

Florida East Coast
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Truthseeker wrote..
And it has to stop. How?
There are 300 million of us and only 538 of them.

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Land of the Free my ass.
Perramas
Posts: 54
Incept: 2011-01-24


Online
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If you are backed into a corner and fear for your life remember "After the first one the rest are free"

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Assassination, Attack, Domestic security, Drill, Exercise, Cops, Law enforcement, Authorities, Disater assistance, Disaster management, DNDO, National prepardness, Mitigation, Prevention, Response, Recovery, Dirty bomb, Swat, Threat
Widgeon
Posts: 13481
Incept: 2007-08-30
Green
Region formerly known as the United States
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Pray the Peak Oil will bring this down ... it's about the only rational hope remaining.

Curdmugeon45
Posts: 29
Incept: 2010-06-25

Houston, Texas
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Quote:
All those in Congress who supported this legislation must be voted out of office for violation of their oath to uphold the Constitution.


The ballot box? Really?

REALLY?

Wow. After all of this, we, as a collective, still think "voting them out" is going to work?

Let me ask this: how many of the new Representatives, the ones that replaced the incumbents, voted for the passage of this language before it went to the Senate?

And we're supposed to still believe that we can fix this by "just vot[ing] them out"?

God, we deserve what's coming. 10 fold.

This has never been more pertinent to the national conversation than now:

Quote:
That whenever any form of government becomes destructive to 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 shown 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.


Don't forget the guys that preached this did so under the threat of being hung, drawn and quartered.
Ee4fire
Posts: 94
Incept: 2011-03-24

Washington, DC
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@JStanley

Quote:
Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety. ~Benjamin Franklin

http://en.wikiquote.org/wiki/Benjamin_Fr....


I think this quote is often misused or applied in a sense. I believe Franklin was talking about complete government control of an individual's life. Providing a nanny state for the people. Thomas Jefferson refers to this when he said " A government large enough to give you every thing you need is big enough to take everything you have."

Wiht that said, the quotation can be applied to personal security when government takes away the right of self defense (right to bear arms, property rights and protection of one's property) and replaces it with government provided police state for everyday living instead of the defense of the national as a whole.

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“(Politicians), 536 commoditized temple monkeys pawing through the ruins of America in search of bribes. (The District of Corruption) works like a vending machine. You put coins in the slot, select your law, and the desired legislation slides out." Fred Reed. Some editting by me.


Bertdilbert
Posts: 2694
Incept: 2008-12-22
Gold
CA
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Sun Tzu...

"If the campaign is protracted the resources of the state will not be equal to the strain"

"There is no instance of a country having benefited from prolonged warfare."

America having enjoyed it's prolonged episode of "free evil" debt based warfare, now cower in fear when the warfare comes home to them. Welcome America, you are the new enemy of the state. Now shut up and eat your peas.

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Dear Euroland: Relax, Germany has a plan for your money!

Political Capital Defined: We are out of money but will tax our citizens for whatever it takes to "SAVE" the Euro.
Rdaniels
Posts: 444
Incept: 2007-11-30
Green
Purgatory
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"Pray the Peak Oil will bring this down ... it's about the only rational hope remaining."

Don't forget about the bond market.


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I wouldn't be so pessimistic if it wasn't so hopeless.
Kwerk
Posts: 908
Incept: 2009-03-02


Banned
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Quote:
In practice ... You better be willing to kill and be killed yourself, for in practice the boys in blue will hunt you down and beat the crap out of you if you dare lay a hand on the king's guard. If you actually kill one of them, well the entire force will hunt you down and kill you - after all you are a cop killer.


In Mexico they don't just kill cops, they kill your girlfriend, wife, kids, parents, etc if you are a cop or an enemy. That's why entire city PDs just up and quit. Not worth the hassle.
Susanjbear
Posts: 419
Incept: 2010-06-10
Gold
Salt Lake City, Utah
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Quote:
There are 300 million of us and only 538 of them.


The problem is that of those 300 million, maybe 10% have some awareness of what is going on. And they are scattered.

The other 290 million are the ones who happily keep reelecting the likes of Lindsay Graham, John McCain, Nancy Pelosi, etc, etc, ad nauseum.

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Susan
Rule10
Posts: 2519
Incept: 2008-09-30
Green
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So many are afraid of the next Hitler if violence is used. And yet he is emerging anyways. Too much "logic" can be a bad thing at times. That raw inner gut feeling is rarely wrong. We just need the courage to act.

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You are not what you say you are, You are what you do.
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