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Paul Craig Roberts
Paul Craig Roberts
26 Mar 2010
Washington Murdered Privacy at Home and Abroad

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In the 20th century, Detroit, Mich., symbolized American industrial might. Today it symbolizes the offshored economy. Detroit'… Read More.

Enabling Tyranny

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I recently read that Brigette Bardot, now in her 70s, has been arrested as a hate criminal for complaining that Muslims in France slaughter sheep without first stunning them. The famous actress is known for her sympathy with animals, but the French government preferred to interpret her remarks as hatred for Muslims. Prosecutor Anne de Fontetts promised to throw the book at Bardot.

There are many incongruities here. The French are persecuting one of their own for taking exception to the practices of an alien culture. But then, perhaps this is just being broad-minded. What really jumps out is: If Bardot's animal rights position makes her a hate criminal, what does French President Nicholas Sarkozy's foreign policy position make him?

According to Information Clearing House's running tally as of July 12, 1,236,604 Iraqis have been slaughtered as a result of the Sarkozy-supported U.S. invasion and occupation of Iraq. If Bardot is a hate criminal under French law for complaining about how Muslims prepare their mutton, why isn't Sarkozy a hate criminal for supporting an American policy that has resulted in the deaths of 1,236,604 Muslims and the displacement of 4 million Iraqis?

Such incongruities are everywhere. It is as if people are no longer capable of thought.

Last week, the U.S. Congress passed an ex post facto law that legalized the illegal behavior of telecommunication companies that enabled the Bush regime to violate U.S. law and spy on Americans without warrants. Retroactive laws are unconstitutional. But, alas, the U.S. Constitution does not make campaign contributions — telecommunication companies do.

The Bush regime claimed that its illegal behavior, which requires an unconstitutional retroactive law to protect telecommunication companies and President Bush from being held accountable, is necessary to protect us. But as our Founding Fathers and every intelligent patriotic person since has patiently explained to the American public, it is the Constitution that protects us. No safety can be found by fleeing the Constitution.

Without the Constitution, we have no protection. We simply stand naked before unbridled government power.

That's pretty much how we stand now after 7.5 years of the Bush regime. Electing a Democratic Congress in 2006 did not make any difference. Indeed, it was a Democratic majority Congress that last week gave Bush his unconstitutional ex post facto law.

As Larry Stratton and I point out in the new edition of "Tyranny," the U.S. Constitution has no friends. The Democrats don't like the Second Amendment (another incongruity in the face of the right-wing police state that Bush has created), and the Brownshirt Republicans regard the rest of our civil liberties as coddling devices for criminals and terrorists.

Across the political spectrum, Americans are happy to shred the Constitution in behalf of some agenda or the other.

The government is happy to oblige, because shredding the Constitution removes constraints on the government's power.

It has fallen to the private, member-supported organization known as the American Civil Liberties Union (ACLU) to challenge the retroactive law that destroys the privacy rights granted to U.S.

citizens by the Constitution. The ACLU is regarded by conservatives as a Jewish conspiracy to destroy Christianity, and the right-wing idiots on Fox "News" and talk radio will denounce the ACLU for wanting to empower terrorists.

Conservatives will repeat endlessly that Americans who are doing nothing wrong have nothing to fear. If this argument held any water, there would have been no point in the Founding Fathers writing the Constitution.

The position of the U.S. government is that the rights granted Americans by the Constitution facilitate terrorism. To be safe from terrorists, the argument goes, we must allow the government to take liberties with the Constitution. This argument gives government the power to set aside the Constitution and, thus, enables tyranny. As Milton Friedman and many others taught us, rules are the essence of freedom, and discretionary power is the essence of tyranny.

Bush's "war on terror," essentially a hoax, has transformed the United States into a lawless nation. We are not lawless in the sense of an absence of laws. We are lawless in the sense that despite a surfeit of laws, we no longer have the rule of law.

If the president doesn't like an existing law, he ignores it. If the president doesn't like new laws passed by Congress, instead of vetoing them he prepares a "signing statement," which says that he will determine what the law means.

This lawlessness has spread from the top of the federal government down to local governments and community associations. Recently, the state of Georgia passed a law that reaffirmed that anyone with a carry permit was entitled to have their concealed weapon when dropping off or picking up passengers at the Atlanta airport. The Atlanta city government said it would not obey the state law and would arrest anyone, including the state legislator who sponsored the legislation, who carried a permitted weapon onto airport property.

A community in which I live has bylaws that forbid members of the board of the property owners association from serving as general manager of the designated community. This did not prevent the board from appointing one of their own the general manager. The POA board regards the bylaws that govern it as merely words without force.

Just like Bush regards the U.S. Constitution.

To find out more about Paul Craig Roberts, and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate web page at www.creators.com.

COPYRIGHT 2008 CREATORS SYNDICATE INC.


Comments

3 Comments | Post Comment
I cannot believe that there have been 1,236,604 Iraqi deaths in this war.
I think that I cannot agree with Milton Friedman that rules imply freedom, and discretion
implies tyranny. I would think that he at least qualified it to the actions of government. But
this will not do for me. If I may try to apply this to courtroom proceedings, "rule-based"
freedom would mean, in fact apparently does mean for those running our courtrooms, that
the judge simply applies a fomula to conclude what law applies, and instructs the jury to
simply decide whether the facts presented at trial indicate whether, in fact, the crime has
been committed. One major problem is that, with "stare decicis," we have the
problem of Procrutes.
I illustrate with my own pending case of "trespass after warning." First, let me say that an
ordinary reading of Chapter 810 of the Florida Code does not admit an indefinite "trespass warning".
The code merely says that someone can be arrested if he refuses to leave when warned. If the
writers of the code meant to give the property owner license to forbid a person from returning, then
the code would have stated that the trespasser can be arrested if he "returns" to the property. Our
judges apparently are not given the discretion to read the code, they are simply taught to "apply the
law as it has always been applied." In the case of the French prosecutor, she may be applying the law
in a novel way, yet she is still simply following a rule.
Concerning the US Constitution, I believe there is an old falacy concerning what I guess I regard as
merely a Shibboleth: We are a society of laws and not men. I have always liked Hayek distinction
between Law and Legislation, yet he is woefully inadequate in defining what Law is. In fact he appears to
glory in essentially not having a definition for Law. He insists that he is not teleological in his understanding
of Law, yet I perceive that he has a very concrete idea of Law: the judge-made English Common Law. I
in contrast have the Law of Moses as the paradigm that our Legislation approximates. I firmly believe that
Jesus statement is true: Not one jot or one title shall pass away, until all be fulfilled. The next step in the
evolution of American Law must be the abolition of the entire CRIMINAL code. The very idea of "crime
against the state" is simply an anachronism -- little different than "crime against the crown."
Comment: #1
Posted by: John Mark Coney
Wed Jul 16, 2008 2:15 PM
Re: John Mark Coney

You can't or won't believe the number of dead Iraqis? How many dead would you believe?
As for the rule of law, our country and people, enamored of our illusory power, believe that might makes right. Fortunately, with our imploding economy, this arrogance too shall pass. Pride and arrogance cometh before the fall.
Comment: #2
Posted by: michael nola
Wed Jul 16, 2008 9:09 PM
Michael: I perceive that we agree on the apparent fact that "rule of law" seems to mean the rule of
the one who wears the badge and carries his firearm openly. I always think of the proverbial hillbilly
woman who says" I'm going to call the law on you!
The headline of today's New York Post is: 'Drunk" COP back on the streets: THREE CHEERS! At
first, I thought it was good satire. Then, when I started to read the story of Commission Kelly apologising
for taking him off the street, I thought, well, the co-authors chose a clever double-meaning for the headline.
After some consideration, I believe now that I am being generous with Rupert's editors.
Comment: #3
Posted by: John Mark Coney
Thu Jul 17, 2008 7:45 AM
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