Friday, February 19, 2010

Why the Patriot act is unpatriotic and unnecessary

Dr. A. H. Krieg

Those who seek big government to provide everything will soon learn that government can also take everything.

Our forefathers upon conclusion of their deliberations on the Constitution and Bill of Rights noted that they had constructed the groundwork for a constitutional republic, which guaranteed individual rights and liberty to states as well as all individual citizens. The American patriot Act obliterates our individual rights, based on the misconception that by denying citizens freedom the government can increase citizen’s security. Citizens who seek security from government will get neither security nor freedom; they will through actions like the Patriot Act and the Homeland Security Act lose any freedoms that they previously enjoyed.

The Fourth Amendment guarantees all citizen Americans “the right to be secure in their, PERSONS, HOUSES, PAPERS, and EFFECTS, against unreasonable search and secure”. Additionally it requires any government agent “to produce a WARRANT showing PROBABLE CAUSE” and supported by “an OATH of AFFIRMATION particularly describing the place to be searched and the person and objects to be seized”. Let me explain that; an officer of the law must have a warrant that exactly states what he may do, and that warrant must be signed by a judge, and must show who provided the cause for the action to be taken by the officer of the court that the judge approved and signed. Any action by any officer of the court that contradicts this stands in violation of the law.

The Patriot Act allows federal agents, which in many cases, lack jurisdictional authority within the states, to author secret warrants against anyone without a judges authority and without probable cause, for any sort of legal fishing expedition relating to any citizen. Furthermore according to their interpretation of the Act they call them secret warrants, the release of information relating thereto is deemed a crime. In explanation if you are served such a warrant and tell your wife or lawyer about it you can be arrested and held indefinitely, without cause and without even telling you why you are being held against your will. Sort of makes me think of Soviet Russia under Stalin. Such authority does not just undermine our freedoms it negates them. In plain English this act expunges the fourth amendment and is therefore unconstitutional. Contrary to what you have been told it does not in any way enhance your security nor does it provide any law enforcement any advantage against terrorists.

The Fifth Amendment guarantees that “no citizen may be held for a CAPITAL or otherwise infamous crime, unless on a presentment or indictment of a GRAND JURY, except in cases arising from naval or land forces, or in the Militia, when in actual service in time of WAR or public danger; nor shall be compelled in any criminal case to be a witness against himself, nor be derived of liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation”. To again explain; this amendment prohibits the government from arresting and holding any citizen without the indictment by a grand jury upon presentation of evidence by a state’s attorney and the grand juries approval of the governments requests. It furthermore prohibits the government from attempting to force the citizen to witness against himself, and prevents the government of the seizure of private property without just compensation. Section 802 of the Patriot Act eviscerates Habeas Corpus as exercised in the constitution Article 1, Section 9 Paragraph 2.Habeas Corpus is the right of the citizen to present evidence on behalf of his case before a court of law that he has been wrongfully imprisoned by authority. This right can be traced back to the Maga Carta of the 12th century in England. Again the Act clearly violates these provisions and is therefore unconstitutional. Under the Patriot Act a citizen could be charged for a misdemeanor traffic infraction and be held indefinitely as an “ENEMY COMBATANT” without any official charges and be denied legal representation. This is Stalin, Mao and Hitler all rolled into one.

When Geroge Bush enacted the Patriot Act only days after 9-11 by voice vote of the legislature (it had been written long before in the Carter administration) we were informed that it would be an important tool to prevent and stop terrorism. Another lie! The American Patriot Act has been most commonly used in thousands of crimes not in any way related to terrorism. In sequence of importance these have been, 1) drug related. 2) white-collar crimes, 3) blackmail, 4) child pornography, 5) money laundering and 6) spying, terrorism arrests are not even in the top ten. The State of South Carolina lists over 10,000 non-terror related crimes prosecuted under the Act.

As an old man who lived through the European tragedy known as WWII let me enlighten you about what took place in Germany from the ’30’s to “45. The Nazis used the Reichstag feur (fire) as a medium to pass the “Enabling Act” sort of a forerunner of the Patriot Act. In both cases the governments used the occasion to announce that this would protect the people from terrorism. What it of course did was to empower the government. In Germany that took the direction of the “Office of Fatherland Security” (Reichssicherheitshauptamt) and then the Schuezstaffel that more famously was called the SS. In our case we established agency first the Patriot Act and then The Homeland Security Act agency that dwarfs the SS having over 225,000 employees, and the scores of police agencies with powers equal to or more extensive then what the SS had enabled by the Patriot Act.

As we sit idly by our hard earned and expensively protected freedoms, through blood sweat and tears, are rapidly being eliminated. No administrations have worked so hard as W. Bush and B. Obama to destroy the Constituion, and enslave Americans. The political and social parallels with the Weimar Republic abound, as does our deleterious economic situation. It is this economic depression in which we find ourselves that these leaders are manipulating to destroy our country. Socialism is on the march, it would behoove all of us to remember the names of the nations we have fought to retain our freedoms. Die Nazional Sozialistische Arbeiter Partei Deutschland, The National Socialist Workers Party of Germany, The Union of Soviet Socialist Republics, We could point further to the scores of failed socialist states, Spain under Franco, Argentina under Peron’, Portugal under Salazar, Italy under Mussolini, China under Mao, and so on and so forth.

Vote them all out!

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