09 March 2006

My Posting at Just One Minute on the NSA goings on

[As in all previous postings of this nature, mis-spellings are left to show the incapacity of the typist, namely myself. Do Note I get intemperate within the posting, but keep to regular use of language that I hope is understandable by everyone. Yes, indeed, I am upset. The posting follows in its entirety for the part I have written.]

So Congress has held hearings as is their purview. And they have put forth law and legislation enacted within the bounds of the territories under control of the US as is right and proper within their scope of powers within the Constitution. I further go through that territorial concept here.

Each and every individual who works for the Federal government swears an oath to uphold the Constitution. And, while serving, any wrongdoing or other serious problems seen that violate the proper laws enacted within that area that is the purview of the Congress *must* be reported, initially via inner channels of the bureaucracy. If those channels appear to be blocked or subborned then these individuals *must* go to the Inspector General that has independent oversight and investigating powers. Then and only then, if the individual believes that the IG, itself and staff have been subborned, the decision, if in the belief of Executive misdeed is to report to Congress via Whistleblower programs.

Now, the current indication is that Congress is in a tither about *something* but has problems exactly defining it. For if they say that this program violates all the laws and statutes they have set forth, then each and every individual working for that program, in knowledge of that violation has violated their oath. If the Congress has *proof* that the Inspector General has been made aware of such or that it is so out of the loop and out of touch with the agency or organization it has oversight upon, then *that* office needs to be called upon the carpet to explain its reasoning.

That is the absolute and positive *duty* of Congress in its oversight role, for all laws and statutes they have enacted that are enforceable within the Sovereign territory under the control of the US and via any Treaty language that has been enacted with Foreign Powers.
Congress has oversight and power to enact legislation on the bounds of Federal records on US Citizens that are kept within those boundaries. The Executive may only claim privelege for those records that are necessary for National Security and even *those* have limitations upon them.

The military is given the responsibility over the entire set of laws overseeing military rules of conduct, known as UCMJ. All members of the military, including the CinC save in those areas where the Constitutional powers granted the Executive would be infringed, are accountable to this military justice system as codified by Congress.

To the Citizenry: you have handed over such things so that these folks may GOVERN. You do have a right to privacy, but they are only enforceable within the bounds of the Territories under the Sovereing control of the US. That is the compact we agree to so as to regularize our lives and not overburden us in those areas. You have a right to due process for all things within that Sovereign Territory and via all Treaties enacted to regularize relations with Foreign Nations. In those areas that are under no control of any Sovereign, or indeed that would infringe upon the rights of a Foreign Nation outside of Treaty obligations, you may find your rights are not respected. While they are vested within YOU, they are only RESPECTED and ENFORCED within the country you live in.

So, as the CinC, Head of State and Head of Government powers are all vested within the Executive, along with an Oath to defend and protect the Constitution and the lands under its purview, the Executive in these roles must have power to enforce and enact them. As the CinC and Head of State powers are outside of the bounds of the United States and are, perforce, outside of the legislative bounds of Congress save for Treaty regularization, the Congress only gets say on those things that are gathered outside the boundaries of the US that are brought *into* those bounds. Once an individual, information or, indeed, anything leaves those physical bounds and does not fall under regularized Treaty obligations, the Congress may give non-enforceable directives, but has no expectation that they will be followed,nor, indeed any way to enforce them save its budgetary powers.

Now, Congress does get one additional power that intersects within this, and that is the Warmaking powers. One of which is to declare war, though it may give other names to it, any authorization that fits the description of a Declaration of War *is* a Declaration of War. All of which is well and good.

The Executive, via its Head of Government role, has had heads of Departments with oversight of Defense, Justice and State give testimony that although they are doing all within their capabilities, that the Executive does not hold the complete capability to effectively prosecute a war against a non-nation state actor or actors that respect no national boundaries and fly no national flag and act, in point of fact, as barbarians. So it is encumbent upon Congress to use ITS warmaking powers of which there is one left via its Treaty regularization for commerce *and* its Letters of Marque and Reprisals power.

When the Executive comes to the Legislative and tells the Legislative that it cannot do everything when fighting an external struggle, the Legislative MUST use its powers and JOIN THE STRUGGLE. They have sworn an Oath to use the powers invested to them by the People so as to protect this nation. The Executive cannot order the Legislative. It can inform the Legislative that a vital piece is missing that the Executive does not have. The Legislative has not reviewed its powers and properly decided to enact necessary legislative language to cut off the economic air supply of our enemies and give fair warning to those Foreign Nations that commerce with the United States needs be regularized with the help of the Department of Homeland Security. And that the US will consider only vessels flying the flag of those Nations that agree to do so as having direct oversight on those vessels. Those of Foreign Flag that do not agree to this, that wish to enter into territorial waters of the United States shall be put on notice as to inspection by the Coast Guard, Navy or Any other individual or group given Warrant to do so under Congress. Congress may further stipulate that when any of those enacting groups are given cause to believe that trade with those defined as enemies of the United States is occuring, that such vessels will be stopped and inspected and, if such contraband over an amount set by Congress is found, then that vessel will be deemed as trafficking with the enemy and be seized. When brought in such vessels will be inspected and if such contraband is deemed to, indeed, been found, then Congress will use its powers to do as it will and pay off bounties for such. For mistakes in such areas, Congress will pay a minor indemnity, but let such organizations know that operate such vessels that they are under watch for the shipment of contraband and that lack of conclusive evidence in one case does not mean that the entire organization or nation is not still under watch until they join in regularized trade systems with the US.

Why Congress thinks it has oversight upon the Executive outside the bounds of the US and the enforceable areas via Treaty, I do not know.

But the entire abdication of a vital piece in the puzzle of asymmetrical warfare by the very individuals sworn to uphold the Constitution and protect the People is an act of either stupidity or cowardice. We The People have given them this power which may not be taken away save via the Amendment process which has not been done. And while Privateers have not been a regular part of warmaking for some centuries, this is an IRREGULAR TYPE OF WAR.

If Congress believes that the NSA has been subborned and is out of control, including the IG of that Agency, then they should have the entire lot subpeonaed and defund the Agency. So as to stop such actions and show they are serious about them.

That would still *not* absolve them of their piece in this.

Now I am extremely intemperate and will take time off to cool down today. I am completely tired by this, and those that complain, like the NYT that we act as an Empire and deride it in warfare, but do NOT act as one in protecting their rights on all parts of the globe.

USA *not* SPQR (apologies to the poster of that name!).

Good day to all, I am well and truly upset by this.

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