Fiedor Report on the News

A Weekly View from the Middle of an Asphalt Jungle

November 24, 2002 #297

 by: Doug Fiedor

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Copyright © 2002 by Doug Fiedor, all rights reserved

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REJECTING GOVERNMENT INTRUSION

As the 107th Congress comes to a close, it has the dubious distinction of probably becoming the most anti-freedom Congress in 60 years. Not since Roosevelt forced his unconstitutional "New Deal" programs through Congress and intimidated the Supreme Court into accepting the central government socialist concept for the United States have more ominous anti-freedom bills passed Congress. Most freedom not usurped by the Roosevelt programs, and their subsequent additions over the years, will be usurped by a combination of bills sometimes called the "Patriot Act" and the recently approved Homeland-Security bill.

As Rep. Ron Paul (R-TX) politely lamented on the floor of the House, "these new power grabs are being rushed through Congress without giving members the ability to debate, or even properly study, this proposal."

Unlike Rep. Paul, we do not have to be polite about this negligence in Congress. Besides the reorganization of large parts of government, dozens of new laws were promulgated and thousands of regulations will follow. Yet, no one in the House had more than an hour to read (forget about study) the bill before it came up for a vote.

Over in the Senate, which they sometimes advertise as the Greatest Deliberative Body in the World to cover up their negligence, the 490 page bill sailed through yet again -- unread by any Senator. The bill was brought to the Senate just two days before the vote. It was not discussed in any committee and floor discussion was but a perfunctory activity that allowed a few Senators to pose for the cameras. The bill's passage was such a forgone conclusion many Senators didn't even show up for work that day.

To say that such action is total negligence would be a serious understatement. If our Constitution is the law of the land, passage of the so called Homeland Security bill is a violation of that law and a direct violation of their oath of office.

Money talks in Washington. So, what we saw is that lobbyists instructed members of the Congressional class to insert clauses to protect their major campaign contributors. However, the American people have no freedom lobby on Capitol Hill. So, Congress again felt free to trash the (previously) unalienable rights of the average American citizen.

Worse, without comment, Congress allowed the Department of Defense -- this time the Navy -- a general search warrant to computerize all personal and financial information about all people living in the United States. Called by some the "supersnoop provision," the Homeland Security bill allows the federal government to track the e-mail, Internet use, travel, credit-card purchases, phone and bank records of all people in the U.S. as part of its hunt for terrorists. So, like George Orwell's Big Brother government in the novel "1984," the Navy decided to take advantage of the new law. They are calling this major Constitutional violation the "Total Information Awareness program." We call it an illegal invasion of privacy.

So, here's a major news flash for Congress, the Department of Defense and the Navy: The Fourth Amendment reads in part, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. . . " The "shall not" part are the operative words there. No law, rule or regulation can overrule those words. Only a Constitutional amendment would suffice.

The words of the Fourth Amendment are very easy for all to understand. That is also the current law of the land. Therefore, we expect all government officials to honor them one-hundred percent. No exceptions. Else, they are in intentional violation of the law and must be treated accordingly -- and prosecuted accordingly.

As anyone in government who can read must already know, we do not come by this opinion unilaterally. The United States Supreme Court has recently simplified search rules and banned the use of high-tech equipment for warrantless searches.

For instance, in Kyllo v. U.S.(1), the Court said that if the average person can see something illegal in or around a home while driving (or flying) by, that information may be used in court. However, "no equipment not available to the average person" may be used by police without a search warrant:

"We think that obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical 'intrusion into a constitutionally protected area,' constitutes a search -- at least where (as here) the technology in question is not in general public use. This assures preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted. On the basis of this criterion, the information (Footnote 2) obtained by the thermal imager in this case was the product of a search."

In Footnote 2, Justice Scalia writes: "The fact that equivalent information could sometimes be obtained by other means does not make lawful the use of means that violate the Fourth Amendment."

As the Court instructed: "At the very core of the Fourth Amendment stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion. . . . The Fourth Amendment's protection of the home has never been tied to measurement of the quality or quantity of information obtained. In Silverman, for example, we made clear that any physical invasion of the structure of the home, 'by even a fraction of an inch,' was too much (365 U.S., at 512), and there is certainly no exception to the warrant requirement for the officer who barely cracks open the front door and sees nothing but the nonintimate rug on the vestibule floor. In the home, our cases show, _all_ details are intimate details, because the entire area is held safe from prying government eyes."

Therein the Court winds it up by ordering: "We have said that the Fourth Amendment draws 'a firm line at the entrance to the house,' (Payton, 445 U.S., at 590). That line, we think, must be not only firm but also bright -- which requires clear specification of those methods of surveillance that require a warrant."

There's even more, though. In United States v. Drayton(1) the Court said that when a citizen clearly states to an officer that they do not wish to participate in a police fishing expedition, the officers must then leave that person alone. If police do not back off, the citizen's Fourth Amendment rights start to kick in. Or, in the legal jargon of the Court:

"The Court has rejected in specific terms the suggestion that police officers must always inform citizens of their right to refuse when seeking permission to conduct a warrantless consent search.(3, 4) While knowledge of the right to refuse consent is one factor to be taken into account, the government need not establish such knowledge as the sine qua non of an effective consent. Nor do this Courts decisions suggest that even though there are no per se rules, a presumption of invalidity attaches if a citizen consented without explicit notification that he or she was free to refuse to cooperate. Instead, the Court has repeated that the totality of the circumstances must control, without giving extra weight to the absence of this type of warning."(5)

We find, therefore, that some provisions in the Patriot Act and many provisions of the Homeland Security Act were known to be unconstitutional even before the bills were passed. We also see that the Department of Defense -- in this case the Navy -- is knowingly and intentionally violating the Constitution and those participating should be charged as such.

Furthermore, as stated by the U.S. Supreme Court in "Drayton," a simple notification to any police officer that we wish to "opt out" of any of their fishing expeditions is all that is legally necessary.

So, let me be the first: This is public notice that I do not wish to participate in any government database and/or part of any police fishing expedition. And, to the best of my ability, I shall not.

-----------------------------

1. <http://laws.findlaw.com/us/000/99-8508.html>

2. <http://laws.findlaw.com/us/000/01-631.html>

3. Ohio v. Robinette, 519 U.S. 33, 3940 (1996)

4. Schneckloth v. Bustamonte, 412 U. S. 218, 227 (1973)

5. Schneckloth, supra; Robinette, supra, at 3940

 

THE DEMOCRATIC PARTY'S WAY

Democrats really should stop whining in public. But, I guess they can't help it. Some say that after House Democrats elected Rep. Nancy Pelosi (D-CA) as House Minority Leader the party would go too far to the left, as if there is farther to go. Others say the Democrats have to be more moderate, which means liberals instead of just common socialists. Still others do not really have the slightest idea what they want, except more power. So, they are calling on the Fascist contingent of their party to fight the big, bad Republican machine.

Little Tommy Daschle (D-SD) totally embarrassed himself and his state last week with a sniveling public whine. Fox News, and others, played part of it to add a little levity to the news. Some conservatives replied, usually with a straight face. But, we depict it for exactly what it is worth: The dying pains of a of a self-destructing political party.

Remember now, the Democratic-Socialists control most newspapers and all television networks except Fox News. And, even Fox News has started to import some of the sickest of the socialist commentators to appear on their programs, so we're not too sure about them anymore, either. Conservatives, on the other hand, have just a few radio talk show hosts in their camp.

In his whimper session last week, Daschle tried to blame popular talk radio -- as personified by Rush Limbaugh -- for provoking an increase in "threats to those of us in public life." Funny thing is, I have listened to Rush almost every day since he first came on a national program and never remember him even referring to any such thing. But, never mind, Democrats lie about everything and these wails are part of the mourning process for what they see as the looming demise of their beloved socialism. So, of course, they blame others:

"What happens when Rush Limbaugh attacks those of us in public life is that people aren't satisfied just to listen," Daschle told reporters last Wednesday. "They want to act because they get emotionally invested. And so, you know, the threats to those of us in public life go up dramatically, on our families and on us, in a way that's very disconcerting."

Part of that is true. We started talking unfavorably about them. But, they feel free to put down our religions and even booed the Boy Scout Honor Guard at their last convention. So, yes, we shall also turn up the volume. Considerably!

Daschle wants us to shut up and Democrats to control all of the media. As Daschle and the Democratic Party leadership are starting to notice, a vast majority of the American public now see Democrats as little more than common socialists. Some of that slid by for the past forty years, but now folks are starting to realize what happened. Even the Democrats are starting to realize that the 48% of registered voters who seldom vote hate socialism and are beginning to look around for the man on a White Horse to lead the charge against many things that both political parties are into. As things sit, Republicans could come out way on top of that action and Democrats know that.

"If entertainment becomes so much a part of politics and if that entertainment drives an emotional movement in this country among some people who don't know the difference between entertainment and politics, and who are then so energized to go out and hurt somebody, that troubles me about where politics in America is going," Daschle said.

Problem is, as people start realizing just how un-American the Democrats are, they do become part of the entertainment. If it were not for the fact that these jerks actually still get a vote in Congress, they would be classed as a comedy skit -- and/or a sick parody on an American government that went sour.

"I think we're in a different place because of the way politics has become such entertainment. We were just talking with some experts a couple of days ago about how if we're going to try to break through as Democrats, we have to have the same edge that Republicans do," little Tommy said in a press release. . . .

"You know, we see it in foreign countries, and we think, 'Well, my God, how can this religious fundamentalism become so violent?'" Daschle continues. "Well, it's that same shrill rhetoric, it's that same shrill power that motivates. You know, somebody says something, and then it becomes a little more shrill the next time, and then more shrill the next time, and pretty soon it's a foment that becomes physical in addition to just verbal. And that's happening in this country. And I worry about where, over the course of the next decade, this is all going to go."

Actually, it sounds like Daschle was talking about Hillary's White House war room and propaganda machine. Republicans are not well enough organized for any of that . . . yet.

Obviously, Daschle knows just exactly how true that was with Hillary, too. Therefore, he has drafted his most experienced Fascist to run their propaganda machine -- and cause other problems.

Who better than the junior Senator from New York, who still has all those FBI files tucked away for future use? So, in an almost totally unprecedented move, Daschle will try a little hardball by having Senate Democrats name Hillary to their leadership team next year to help develop a plan to counter the Republican message. As chairman of the Steering committee, she will act as a liaison with outside groups and organizations.

Which means, she will again set up an active war room, conscript a cabal of media sycophants who can lie on camera with a straight face and do her best to cause as many personal problems for Republicans as possible. That is, after all, the Democratic Party's way of doing things. But, this time many people are wise to their treachery and will be watching closely.

 

A RANDOM ACT OF KINDNESS

Every year, for about the past thirty years, something very remarkable happens in the town of Walton, Kentucky. On a weekend, the "Good Guys" of Northern Kentucky meet together to load up all their pickup trucks with large barrels of goodies.

The Good Guys Club is a private organization of volunteers joined together with no other intent than to provide whatever aid is needed for those in the area finding themselves on temporary hard times. These temporary hard times could be work lay-off, illness, a temporary change in family status for whatever reason, or any number of reasons.

So, when a young couple traveling through the area were stranded at a nearby truck stop because of an expensive car problem, a trucker noted they were asking a waitress for milk for their little baby. The trucker, who was well known to the waitress, had them well fed on his tab and someone notified the Good Guys Club. The couple had been to Michigan because of a family emergency and were trying to get back home in Texas.

It took a day to get the automobile repaired properly and the young couple were sent on their way with plenty of food for the baby and enough money to insure they would make it back safely.

Locally, the Good Guys have harvested crops for sick farmers, put on a roof or two (and even a bathroom) for senior citizens on a fixed income and performed hundreds of good deeds over the years -- some of which were rather major deeds.

One woman with young child found herself out in the cold, for no reason of her own making, with no local family to fall back on. She quickly found a job and a landlady "rented" her a small apartment, knowing she had no money at the moment. In the apartment was a crib for the child and a kitchen table. Nothing else. When she came home from work the second night, the apartment had been furnished and stocked with food. Someone even made the bed. Nothing was new, but the young woman and child had a comfortable home and everything worked well.

Such gifts of money, goods and services are quietly provided to many in temporary need throughout the year.

They don't advertise and intentionally stay low-key. Yet, many thousands of people in Northern Kentucky know they exist and what they do. The Good Guys are known for action, not notoriety. They just "do it" and do not wait for recognition.

Anyway, there comes a time, about this time of every year, when merchants and distributors in the area start contributing. Quietly, with no fanfare of any sort whatsoever, money, food and goods fill nearly every space the Good Guys can find.

And that brings us back to the barrels. Picture, if you will, many pickup trucks being loaded with large barrels, each designated to a specific family, each jam packed with food, household goods and, where applicable, even toys. Each driver has his route. All goods are delivered in one afternoon. Then, the Good Guys return to their own families and it's all over, never to be discussed again till it starts anew the next year.

Many of these Good Guys also profess what I like to call a "random act of kindness." To me, a random act of kindness is like the trucker telling the waitress, "Give them whatever they need to eat and put it on my tab. I'll make it good later." Then, nothing else needing be said, he walked away.

Throughout our busy week, most of us see one or two occasions where we could do something anonymously that would be of significant benefit to another. Quite often, these are things that would be simple for us. Yet, we often tend to "mind our own business" and stay out of things that don't concern us directly.

That's where the random act of kindness concept comes in. Because, what if everyone reading this did one random act of kindness for a complete stranger just once a week between now and the end of the year -- then, just walked away and forgot about it?

Try it sometime. That stuff gets contagious fast. And, who knows, it might get returned someday to someone you love -- at a time they most need it and you are not available to help.

While you are at it, have a Very Happy Thanksgiving.

 

 

End

   



Copyright © 2002 by Doug Fiedor, all rights reserved

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