22 May 2007

The Warnings of the Founding Generation

From the time of the Founding of the Nation there were those who worried about Federal Government and what would become of it. Their views were many but some of the basic outlines of *why* Federal governing needs strong checks and could be seen as wrong-headed do have merit in this modern era. We can see some of the most pertinent of these criticisms in the Yates and Lansing letter to the New York Governor. I will excerpt some sections to highlight these, and some other criticisms of the Constitution:

LETTER FROM THE HON. ROBERT YATES AND THE
HON. JOHN LANSING, JUN., ESQUIRES,
TO THE GOVERNOR OF NEW YORK;
CONTAINING THEIR REASONS FOR NOT SUBSCRIBING
TO THE FEDERAL CONSTITUTION

[..]

Exclusive of our objections originating from the want of power, we entertained an opinion that a general government, however guarded by declarations of rights, or cautionary provisions, must unavoidably, in a short time, be productive of the destruction of the civil liberty of such citizens who could be effectually coerced by it, by reason of the extensive territory of the United States, the dispersed situation of its inhabitants, and the insuperable difficulty of controlling or counteracting the views of a set of men (however unconstitutional and oppressive their acts might be) possessed of all the powers of government, and who, from their remoteness from their constituents, and necessary permanency of office, could not be supposed to be uniformly actuated by an attention to their welfare and happiness; that, however wise and energetic the principles of the general government might be, the extremities of the United States could not be kept in due submission and obedience to its laws, at the distance of many hundred miles from the seat of government; that, if the general legislature was composed of so numerous a body of men as to represent the interests of all the inhabitants of the United States, in the usual and true ideas of representation, the expense of supporting it would become intolerably burdensome; and that, if a few only were vested with a power of legislation, the interests of a great majority of the inhabitants of the United States must necessarily be unknown; or, if known, even in the first stages of the operations of the new government, unattended to.
All bolding is mine throughout, of course!

Yates and Lansing thus put forth that Federal Government would become remote from the People, insulate itself *from* the People, put itself into perpetuity of power as individuals, and then set forth laws contrary to the Will of the People. By using the powers vested in it such Federal Government, no matter how tight the safeguards and guarantees, would drift from the outlooks of the People and secure only the outlooks of itself.

We have seen this over the period from 1787 to present via some few methods, but the Progressive Era of the late 19th and early 20th century were capstoned by a decade that 'reformed' the Federal Government so as to make it 'manageable' and easier to operate. In one decade the outlook of what the United States had as limitations upon the Federal Government changed in distinct ways. I look at that ten year period with this article and will summarize the main points of entry of it:
  • The Harrison Act to regulate the use of narcotics was, itself, a capstone to an anti-drug movement by religions to combat opium use and the trade of it in the Orient, mostly China, but the trade and its piracies stretched far out from there to reach even Europe and America. In that period of 1909-14 the very first regulation of what individuals inside the United States could actually put into their bodies was formed, based on the Commerce Clause of the Constitution. This went beyond the Pure Food and Drug Act of 1906, which requires the labeling of what is actually IN those things Americans are using. Starting at mere tax stamps, which would then not be issued, that power has grown to include many, many medications that go far beyond narcotics. This outlook became the outlook to form up such organizations as the Drug Enforcement Agency and its powers are based solely upon that idealistic outlook of the Nation knowing better than its Citizens what Citizens may or may not do with their bodies.

  • In 1909 Amendment XVI to the US Constitution changed the ability of Federal Government to directly tax individuals in the Union in disproportionate fashion. This had changed the funding basis for the United States from one resting upon State collection of funds and the use of tariffs to that of directly using the power of taxation of the People without intermediary. This moved the US off of its traditional ability to hold Federal Government accountable via funding from the States and removed that as a check and balance against Federal power.

  • Amendment XVII which would also be ratified in 1913 which would place the direct election of Senators to that of the People of the States and *not* the Government of the States. Up to that point many States would *not* send Senators to the US Congress, either by oversight or intent, which was seen as crippling that body by making it difficult to actually hold it in session. This was the traditional way the States had to express their dissatisfaction with Federal Government and served as a direct reflection of how much power the Federal Government should have based on State outlook.

  • In 1911 would come Public Law 62-5 which would go into effect in 1913 and limit the size of the House of Representatives. The House had previously served in proportion to population and would increase in size as population increased. At a number of times that proportion changed, via law, but the idea of an open-ended House was always kept so that the Will of the People could be reflected by the changing size of the population itself. With this limitation came the slow marginalization of the People as the ratio between Representative to the People changed ever upwards and the two parties formalized their control of districts so that seats would rarely pass between the parties in a way to effect their power structure.

  • Amendment XVIII for the Prohibition of Alcohol in 1919 would be the largest attempt to directly control the People of the United States based on moralistic outlooks and would meet with long-term failure and repeal. That was not done before the rise of organized crime which had developed to meet the needs of the People for alcohol and as since put in place organized crime as a long-term, perennial threat to liberty, freedom and the rule of law within the United States and has developed that illiberal capability on a global basis. While the oil companies would compete to become a global business in this same period, they would often find that the entire set of organized crime from Europe to the Far East was there before them and represented the first true estimate of the financial power of the United States.
  • President Woodrow Wilson would move the traditional War outlook of the United States and the entirety of Western Civilization via his outlooks for US entry into World War I. He promulgated two ideas and looked for one outcome and would get NONE of them right:

    1. His first idea was that trade was more freeing, over time, than any of the effects of warfare and that the United States should NOT confront the entire set of allies to Germany on a far-reaching basis. This view was particularly put to the Ottoman Empire, which was committing genocide of the Armenians which was being reported to the West by news organizations, church groups and other humanitarian groups. Ex-President Roosevelt had put forth from Congress that the United States by not taking part fully in the War against *all* of the enemies of France and Britain would then have little to no say in the peace that followed which would be set by those two States and their outlook for Colonial Empires.

    2. His second idea was that international organizations would serve as a means and method to allow Nations to work out differences via a Third Body. This concept which was embodied by the League of Nations and, after the failure of that, the United Nations would put forth that somehow joining all Nations together to discuss differences would yield positive results. The 'scourge of war' however, was not removed by this and, in point of fact, made even more pernicious and endemic amongst smaller Nations that saw no need nor want of 'help' from larger Nations unless something could be gotten from those larger Nations for doing so. From this rose the modern castigation of the West, in particular, as holding some forms of democracy and liberty and freedom of individuals forward, the enemies of that liberal tradition did NOT do so and used such organizations to put forward totalitarian excoriations of these larger powers.

    3. His third outlook would be doomed by the first: to align the Middle East and the Balkans to States that adhered more properly to populations that had ethnicity and background in common. Here the Predictions by ex-President Roosevelt proved to be correct and the Western Allies did not see the US as a full participant in the War and while critical, its limited role did not gain it much say and no veto over the ensuing Peace Treaties. Those Treaties would look towards 19th century Colonial expansion views of 'painting the map in the color of your Nation' and would NOT respect ethnic nor cultural boundaries of the People in those areas.
From these activities, Federal Government would change its basis of what is and is not commonality to the People of the Nation. The very worries of having a Federal Government that would distance itself from the People and their outlook on what it means to have a Nation in common, while always present as a possibility, gained a substantive foundation in this era of 1909-19. The outlooks of Yates and Lansing give pause, here, so that they can be properly looked at in light of these changes.

The loss of Civil Liberties, of the People, changed drastically with the Harrison Act, Amendment XVI and by the Wilsonian concepts that trade should be put above freedom and that Nations should abide by general agreements amongst all Nations and not by specific agreement between specific Nations. Given life today, these outlooks and the Federal power backing them have now diminished the Civil Liberties of the Citizens to have State based outlook upon their lives and to have Federal government that will adhere to the promulgation of liberty and freedom above all else.

Today the entirety of the anti-narcotics movement has gone to drugs that were never seen as a threat to the population and some, while having deleterious effects upon individuals, cannot be properly studied to warn people of those effects as they are *limited* in how they may be researched. Beyond that such drugs put off the ability of the public or even commercial concerns to study also put any beneficial effect of them, for study, under such strict control that it is almost impossible to do so. What started out as a 'temperance' movement has blossomed into a Congressional power to utilizes the 'commerce clause' to oversee and regulate purely intra-State commerce. The Supreme Court has upheld this on the grounds of some larger 'National Illegal Market' that Congress has oversight upon. With that as outlook there is now no activity done by any individual for any purpose within the entirety of the United States which cannot be ruled upon, by Congress, because of its theoretical effects to ANY 'market' be it legal or illegal in nature.

With the ability of Congress to tax individuals directly has also arisen a tax courts system which is NOT part of the Civil Law system but is part of a 'tax law' system. This tax law area is not amenable to simple Civil Law oversight and operates independently of it with severe restrictions on adjudication and even on the basis of having a jury of one's peers or the pre-supposition of innocence. By using the ability of the Federal Government to array a case against individuals and those individuals, no matter how wealthy, having the law, itself, stacked against them, find it hard to stop such courts and the power of them over individuals. The actual Revolution was FOUNDED upon the motto: 'No taxation without representation.' As subjects of the Crown they expected to have voice and say in the matter of taxation and work something out *with* their Sovereign so as to find a more equitable basis for repayment of loans for the French and Indian Wars. That is why the US Constitution does NOT invest Congress, originally, with the power to tax individuals in disproportionate or unequal manner. A power such as that is one that was seen to lead to abuse, corruption and, ultimately, despotic trends.

The entire tax code, itself, while in theory put to a means whereby a 'graduated tax system' is imposed, so that wealthy individuals pay a higher proportion of earnings than do the poor, the entire investing of the system TO Congress has made the system rife with lobbyist exceptions so that vast swaths of the wealthy population pay next to NO taxes and some businesses or entire industries pay NONE at all. While the affluent do pay more in proportion and overwhelmingly, the amount of income that has 'shelters', 'loopholes' and other means to escape taxations is far, far larger than that income which is taxed. That is neither 'fair', 'liberal' nor in the best outlook to make a harmonious whole of the Nation as the rich may sinecure funds and their power base so as to enrich themselves via 'unearned income' and other vehicles, while those with little or no means to invest cannot avail themselves of those same benefits in any way, shape or form.

The United States moved from a basis of taxing the imported goods to the Nation, so that those supporting the purchase of foreign goods would, likewise, help fund the Nation so as to have fair and even regulation of such importations, to a strange concept of seeking to have 'free trade' with everyone and put no burden on imports save on those things which industries can lobby Congress so as to shield them from this 'free trade'. This goes far above and beyond the very few businesses needed for National Defense goods, and incorporates a wide range of manufacturing, refining and basic goods systems. Agriculture, in particular, has seen massive Federal subsidies, grants and support while equal goods from other lands have had restrictions and high tariffs placed upon them to 'protect' these businesses based upon their lobbying power.

The Federal Farmer No. 3 of 10 OCT 1787 frames the view on allowing the Federal government power of taxation in this manner:

Should the general government think it politic, as some administrations (if not all) probably will, to look for a support in a system of influence, the government will take every occasion to multiply laws, and officers to execute them, considering these as so many necessary props for its own support. Should this system of policy be adopted, taxes more productive than the impost duties will, probably, be wanted to support the government, and to discharge foreign demands, without leaving any thing for the domestic creditors. The internal sources of taxation then must be called into operation, and internal tax laws and federal assessors and collectors spread over this immense country. All these circumstances considered, is it wise, prudent, or safe, to vest the powers of laying and collecting internal taxes in the general government, while imperfectly organized and inadequate; and to trust to amending it hereafter, and making it adequate to this purpose? It is not only unsafe but absurd to lodge power in a government before it is fitted to receive it? It is confessed that this power and representation ought to go together. Why give the power first? Why give the power to the few, who, when possessed of it, may have address enough to prevent the increase of representation? Why not keep the power, and, when necessary, amend the constitution, and add to its other parts this power, and a proper increase of representation at the same time? Then men who may want the power will be under strong inducements to let in the people, by their representatives, into the government, to hold their due proportion of this power. If a proper representation be impracticable, then we shall see this power resting in the states, where it at present ought to be, and not inconsiderately given up.
That ability to continually expand government and increase taxes to do so is seen as a direct problem for representative democracy in which those with the power of taxation continue onwards to expand the power and the taxes without recourse or direct input from the People. Even giving the Federal government ANY power of taxation was seen as an inducement to corruption and loss of liberties, so the expansion of it is, again, a clear warning of power concentrating into the hands of the Federal and out of the hands of the People. This is warned about repeatedly as a source of corruption and ability of the Federal government to keep and hold power to itself above the People. Amongst many Cato No. 6, Brutus No. 5 looks at this, as well as in No. 3, as does Centinel No. 4 from a more trade oriented perspective on the tariff power, also John DeWitt No.2 looks into the expansive taxation authority of Congress.

In purely governmental and democracy terms, the movement taking checks and balances out of the Federal system have had wide-ranging and deleterious impacts upon the Citizenry. On the side of the Senate, the removal of State based veto by absence so that even getting a quorum required actual 'good legislation' that would benefit all of the States has been bypassed in its entirety. For all that was decried about that, and the negligence of government to do things, that was seen as the natural basis OF democracy: self-limitation upon the scope of government so that it would do less harm by not being able to be active.

From the House side, the movement to a set House has caused 'gerrymandering' to become the illiberal method of creating strange districts to unite disparate and remote populations so as to sinecure pure party affiliation. This is not a representation of local outlook based on proximity of people actually having to do this thing known as 'live together in harmony', but the ability of political parties to harden their control based on ideology that is dispersed within States so as to remove this idea that individuals living near to each other should have oversight upon their own affairs. With that the two political parties now exchange power based a mere handful of seats and popular views that spread via means within communities gain no foothold as there is no coherent community based districts for such views to sway Representatives. Even worse is that the number of people necessary to form a district has so swelled that individuals can no longer expect to even know or even see or communicate directly with their Representative. The idea that one might actually meet such a Representative because he or she actually 'lives nearby' has been removed as a foundation for democracy by this set-size House. The Georgia Gazette also publishes a letter on this, and wonders on the ability to increase representation to 1 to 20,000 or 1 to 15,000 so as to better represent the People in their diversity across the States.

A clear warning of this was heard from 05 OCT 1787 from Centinal No. 1 :

Thus we see, the house of representatives, are on the part of the people to balance the senate, who I suppose will be composed of the better sort, the well born, etc. The number of the representatives (being only one for every 30,000 inhabitants) appears to be too few, either to communicate the requisite information, of the wants, local circumstances and sentiments of so extensive an empire, or to prevent corruption and undue influence, in the exercise of such great powers; the term for which they are to be chosen, too long to preserve a due dependence and accountability to their constituents; and the mode and places of their election not sufficiently ascertained, for as Congress have the control over both, they may govern the choice, by ordering the representatives of a whole state, to be elected in one place, and that too may be the most inconvenient.
It appears that this individual actually expects a VERY Representative form of government to be the normal course of affairs in life and that moving as high as 1 per 30,000 would yield far too few Representatives to properly give a voice to the Will of the People. And yet we now move to 1 per 550,000 and higher with each passing election and the actual ability of the People to have *any* voice when individuals are drowned out by cacophony is now the rule, not the exception.

Purely on Foreign Affairs, the United States still has, as a cornerstone, that the Executive is the sole organ of government for international relations. This idea is firmly upheld by the US Supreme Court in US vs. Curtiss-Wright Export Corp. decided in 1936. That power and outlook has been substantially altered by the outlook to move towards some quasi-Congressional power extending beyond their mere Treaty regularization power or their power for US Commercial and Navigation conduct upon the High Seas and airspace. Explicitly, via the Supreme Court upholding the Constitution, Congress gets no such power nor outlook. Here the expansiveness of the 'commerce clause' on an intra-State basis is being utilized to somehow expand Congressional power beyond the United States in its agreements via Treaty. Congress was specifically cited in US vs. Curtiss-Wright to give more than due deference to the Executive in these areas as they are categorically NOT the same as those powers within the Nation. Congress has seen fit to ignore this as members now talk with enemies of the Nation who have clearly stated their enmity for the Nation and see no good coming from the United States as it is antithetical to their outlooks on the world. Any attempt to do anything in a policy realm where there is NO Treaty to back things up is beyond any power given to Congress by the People.

From the Wilsonian outlook on international bodies comes strange ideas that such bodies should have source of power or capability in regulating what the People of the United States can do, say or think. Organizations, like the World Trade Organization, have some sort of authority body meant to adjudicate trade disputes and impose sanctions and rulings upon those within such disputes. Their Constitutional basis for power on the United States is zero, as that power is granted to the Federal government solely and may not be made to adhere to any outside organization by any Treaty. That is the scope and limits of power handed to the Federal government and it may not go beyond that to subject the Nation to outside institutions and their rulings for ANYTHING as those institutions are not specifically created by the People of the United States. This does not stop business, industry, and trade groups, along with 'humanitarian organizations' from attempting to do otherwise, and any utilization of such rulings or decree for *anything* upon the United States must have full backing of those things the People have ordained and established as their Government held in common.

Those, above, are seen as the problems of such Federal Government when Yates and Lansing said:
"... if a few only were vested with a power of legislation, the interests of a great majority of the inhabitants of the United States must necessarily be unknown; or, if known, even in the first stages of the operations of the new government, unattended to."
These powers and the outlook of Congress no longer put it in accord with the People and the grant of those powers to Congress. Congress may actually *know* the Will of the People, but no longer acts in the interests OF the Will of the People, but, instead, acts to some other goal or modality of operation.

George Mason withheld his name from the Constitution for similar reasons as stated in his letter of objections to it. Some passages as follows are excerpted:
In the House of Representatives there is not the substance, but the shadow only, of representation, which can never produce proper information in the legislature, or inspire confidence in the people. The laws will, therefore, be generally made by men little concerned in, and unacquainted with, their effects and consequences.
The inability to the House to actually and fairly represent the diverse opinion of the People is seen as distancing representative democracy from the People and to no longer represent the People. This was a common worry amongst those deciding about the US Constitution: that 1 to 30,000 would *not* yield a representative body that reflects the Nation. Centinal No. 1 looks at that amount and finds it too lacking in true representative proportions. As does Brutus No. 3, which looks at the House:

"This branch of the legislature will not only be an imperfect representation, but there will be no security in so small a body, against bribery, and corruption."
Also in John DeWitt No. 3 is the proposition that a district based representative scheme is not compatible with the community and town based formulation of representative government then known in the States:
"But how are these men to be chosen? Is there any other way than by dividing the Senate into districts? May not you as well at once invest your annual Assemblies with the power of choosing them—where is the essential difference? The nature of the thing will admit of none. Nay, you give them the power to prescribe the mode. They may invest it in themselves.—If you choose them yourselves, you must take them upon credit, and elect those persons you know only by common fame. Even this privilege is denied you annually, through fear that you might withhold the shadow of control over them. In this view of the System, let me sincerely ask you, where is the people in this House of Representatives?"
It is a strange world we have come to with mass media society that sees actually 'hearing from the People' in multitudes so as to represent the Nation as something that should be limited to a few hundred individuals and sinecured to two political parties. With too few individuals there is no internal oversight and accountability *within* the branch itself and it can become undemocratic via that very small cadre that serve there.

Today we now have Congressional Representatives who are more interested in securing funds and power than they are in actually having good government or being a fair representative of the People of the Nation. We have ample evidence of that seen in the Abscam investigation and the transcripts of Rep. John Murtha (D-PA) on his view of government:
MURTHA: Let me tell you what I see. Howard, his deal with you guys, or two other guys [Thompson and Murphy], I'm dealing. I'll tell you how I feel about my part of it. My part is that you don't need to spend a goddamn cent on this thing. That's my feeling. Howard feels differently about it. These other two guys have as much influence with the administration and in Congress as anybody. There's no question about it. There's no question about these other two guys being long-term members, being chairmen of the right committees. They're the right people. But -- you gotta look at it realistically, you gotta know all the facts before you can do anything at all. Now, as I told Howard, I want to deal with you guys awhile before I made any transactions at all, period. In other words I want to say, "Look put some money in these guys," and I, just let me know, so I can say, you know, these guys are gonna do business in our district. Then there's a couple businesses that I'm not personally involved in but would be very helpful for the district, that I could make a big play of, be very helpful to me. After we've done some business, then I might change my mind. But right now, that's all I'm interested in. [12:00:40] Period. And I'm gonna tell you this. If anybody can do it... and I'm not bullshitting you fellas, I can get it done my way. There's no question about it. I can get it done. And the thing you gotta remember is, what happened to [South Korean agent Tongsun?] Park and those guys, you can't start going to people that you don't know, that don't level with you, that bullshit you, that don't look into it. For instance, I may tell you in a week after I look into it can't be done. It cannot be done. And I'll tell you. I won't bullshit you. When I make a deal, it's a goddamn deal. That's all there is to it. And, uh, you know, after it's done, you may tell me, well you've already done it, there's no reason for me to deal with ya. Howard tells me that you're not that kinda people, that, you uh, you know, that you deal, you know...

[..]

MURTHA [12:14:13]: The thing is, what I'm trying to do is establish the very thing that you talked about. That tie to the district, that's all I need, from then on -- I'm gonna be there 20 years in that goddamn Congress. I don't want to screw it up by some little goddamn thing along the way that, if I wanted to make a lot of money I would have been outside making a lot of money. And you, I know what I can do and what I can't do...I won't bullshit you, that's for sure....you got two good people, and I just want to know -- well, I know the facts.
That is some distancing of the Nation, the People and politicians looking out for the welfare of the Nation. From that is heard clearly the warning of George Mason on Representatives having little acquaintance with implications beyond their own scope and outlook. The corruption of power is just as important if not *more* important than mere money, and we see here that the expectation of utilizing money to stay in power with the funds directed to the 'right businesses' is corrosive to good government. Where is the internal oversight of the House, these days, anyway? Unfortunately the too few members are too busy to do anything about it.

Not to leave the upper body alone let us see what George Mason had to say about the Senate:
The Senate have the power of altering all money bills, and of originating appropriations of money, and the salaries of the officers of their own appointment, in conjunction with the President of the United States, although they are not the representatives of the people, or amenable to them. These, with their other great powers, (viz., their powers in the appointment of ambassadors, and all public officers, in making treaties, and in trying all impeachments;) their influence upon, and connection with, the supreme executive from these causes; their duration of office; and their being a constant existing body, almost continually sitting, joined with their being one complete branch of the legislature,—will destroy any balance in the government, and enable them to accomplish what usurpations they please upon the rights and liberties of the people.
Any affiliation between the President and the Senate for getting Immigration Amnesty voted in is purely coincidental, I am sure. While the connections to the Executive have proved troublesome, from time to time, the Senate by being so much between elections gets little opportunity to actually understand what the Will of the People is. In some ways this was meant to be a moderating influence upon the every vexatious and changing Will of the People, but in others it also moves ideas for what makes good government that upholds the rights of the People to the side while trying to utilize the power of government to reach Senatorial ends. When a Senate acts 'off the record' and 'behind closed doors' to draft legislation and then immediately moves to stifle debate or even give time for legislation to be READ by the members, that is a movement to abuse of power by the Senate. And in the case of Immigration Amnesty, it puts at peril the very rights of the People to determine what the Laws of the Land are and to hold Congress accountable for NOT funding them to be enforced and the Executive for NOT enforcing them. Even with more time given to debate, the original move to limit such time and debate is an anti-democratic one that speaks ill of the Senate to conduct itself in a reasonable fashion for sweeping legislation.

From Cato No. 3 on 25 OCT 1787 is heard this about political liberty:
Political liberty, the great Montesquieu again observes, consists in security, or at least in the opinion we have of security; and this security, therefore, or the opinion, is best obtained in moderate governments, where the mildness of the laws, and the equality of the manners, beget a confidence in the people, which produces this security, or the opinion. This moderation in governments depends in a great measure on their limits, connected with their political distribution.
Where is our political liberty without any security in this Nation? It seems to me that trying to welcome in large numbers of individuals to unbalance the Nation and to do *nothing* to actually secure the borders of the Nation when known enemies have already utilized such lacks to get here is not only immoderate but fool hearty. In not taking any recourse to actually pay for enforcement of the laws nor uphold them, Congress does not act in moderate manner nor in a mild one, but is abdicating its duty to the Nation. We can have no security if government will not enforce the laws it makes. This is not the part of Franklin warning about security and liberty, this is lack of ANY security denying ALL liberty to have a Nation free from outside influence and control.

From Cato No. 6 we hear of this outlook upon the problems of the Senate:
"In every civilized community, even in those of the most democratic kind, there are principles which lead to an aristocracy—these are superior talents, fortunes, and public employments. But in free governments, the influence of the two former is resisted by the equality of the laws, and the latter by the frequency of elections, and the chance that every one has in sharing in public business; but when this natural and artificial eminence is assisted by principles interwoven in this government—when the senate, so important a branch of the legislature, is so far removed from the people, as to have little or no connexion with them; when their duration in office is such as to have the resemblance to perpetuity, when they are connected with the executive, by the appointment of all officers, and also, to become a judiciary for the trial of officers of their own appointments: added to all this, when none but men of opulence will hold a seat, what is there left to resist and repel this host of influence and power. Will the feeble efforts of the house of representatives, in whom your security ought to subsist, consisting of about seventy-three, be able to hold the balance against them, when, from the fewness of the number in this house, the senate will have in their power to poison even a majority of that body by douceurs of office for themselves or friends. From causes like this both Montesquieu and Hume have predicted the decline of the British government into that of an absolute one; but the liberties of this country, it is probable if this system is adopted, will be strangled in their birth; for whenever the executive and senate can destroy the independence of the majority in the house of representatives then where is your security?—They are so intimately connected, that their interests will be one and the same; and will the slow increase of numbers be able to afford a repelling principle? but you are told to adopt this government first, and you will always be able to alter it afterwards; this would be first submitting to be slaves and then taking care of your liberty; and when your chains are on, then to act like freemen."
It is such warning signs that the generation of the Revolution and the Constitution remembered the excesses of other government types and warned about the abuses that even a republican government can slide into over time. Where is the security in a Senate that proposes in changing the ability of the Nation to have Sovereign Laws and National Sovereignty that must be respected first, and above all, so that the People may feel secure in the Nation? Suddenly bringing an immigrant class in that has demonstrably respected neither the Law nor the Sovereignty of the Nation and doing so with cooperation of the President is a major worry as only the 'feeble house' remains to safeguard liberty in its few numbers. And those few are from positions of power where their districts do not change in alignment very often and the actual Will of the People is no longer clearly heard because of the watering down of clarity from smaller populations against the 'mass movement' concept that the current set House size encourages.

That is, apparently, the state of the Republic of the United States of America today.

Taxes by Congress to pay for all sorts of 'public goods' and yet do the public little good in the long run. And such taxes get made more complicated, year on year, until no one can understand them and the 'progressive' concept is so undermined that most corporate income and that of the wealthiest do *not* get taxed. That has some benefit to the Union, still, but it is one of being dependent *upon* the wealthy to fund the Nation and not upon the People to shoulder that burden.

A Senate that has lost all connection with common Americans that it no longer governs by a best outlook for Americans, but only for themselves and their parties.

A House that does not swell to meet the growth of the Nation so as to reflect its communities. Instead the two parties have so ingrained themselves that they now change districts to reflect the parties and NOT the parties to reflect the districts. By doing so they become as fossilized as the Senate as Rep. Murtha put forth in his outlook of being in the House for at least 20 more years way back when in 1980. It now has equal 'perpetuity of rule' as the Senate does.

Finally there is the term limited President, who need not even try to run for re-election and now spends more time trying to find a 'legacy' and looking overseas to dictatorships to try and appease them so as to get such a 'legacy'. Such legacies of that, however, tend to be ones in which World War results, at worse, or in which those dictators remain unopposed by anyone and are able to gull the next President by sweet words of: 'if you give me just a little bit more...' Such are the 'legacies' of North Korea, Syria, Libya, Iran.

These are the signs, not of a healthy democracy or functioning Republic. That first generation that put criticism against the US Constitution clearly stated what the problems with it were and are, to this day, and what the repercussions of giving too much to central government would be. They saw things like: Monarchy, Despotism and Tyranny as the result. The winds of what used to be just partisanship have turned cold and ugly this past decade, and the outlook by those in office today is that they are after pure power as they have shut out the voices of the People in the Nation in their representative government. While previous generations have, indeed, heard partisan attacks, the vitriol and vehemence of the stultified two party system is one that no longer aims at 'common assent', but at turning out a 'committed base' and so stifling debate as to disenfranchise the rest of the People by attacking common ideals of self-governance and accountability. One law for the ruling and favored, another for the 'common man'.

And if you don't like what government does, then that is just too bad. If you *criticize* government, then those same partisan supporters and 'committed base' attack such individuals on a personal basis, not on the substance of those criticisms which are not meant as attacks. That is what is now seen by those trying to support the concept of having a Nation State as the prime and, indeed, ONLY way of securing freedom and liberty. By polarizing all issues to politics, there is no commonality left for common agreement, common consent, common government and support for the Nation by All of the People.

Keeping a Republic healthy requires eternal vigilance against the depredations of those seeking to secure power for themselves and do more than just 'govern'. That is why those seeking to put forth that Congress has powers it does not have, that breaking the agreements on actually enforcing the law and securing the Nation, and those that wish to see the Nation fail at all it does are not seeking human freedom nor liberty. The end result of those things is Tyranny.

Or Empire.

Either is the end of the Republic of the United States of America.

And the weight of history is upon this generation as it is upon each generation since and including the Revolution. The Nation is being pushed towards a river and to change to meet the goals of incompetence and an elitist outlook on human freedom, one that is not set in anything solid and has no basis in fact. That river is not the Rio Grande.

But its looking a hell of a lot like the Rubicon.

20 May 2007

A Dumb Looks Question on: Illegal Alien Amnesty

Just a real, real quick one! Honest!

Ok, the mantra is that poor illegals are coming here to 'do the jobs Americans don't want to do' and it is usually at pretty sub-standard wages.

So, if you legalize them they are then due standard wages which the businesses will not pay.

Who is going to do the work?

Businesses will not pay what is needed. And this bill does *nada* to stop more illegals from coming in. And we still HAVE unemployed American Citizens needing jobs.

If you have suddenly hit upon: instant underclass dependent upon those people who have jobs PLUS more illegals flooding in, then you have hit the answer!

Why is the Federal government trying to destroy this Nation?

Just asking!

A deeper look at Terrorism and Piracy, and why it matters

Just a bit ago I looked at what Piracy is and what constitutes it, along with mere terrorism. Now it is time to put those together and find out just what activities will make a group, organization or individual eligible to be considered a Pirate under the Laws of the United States.

Needless to say I am not an international law expert, just interested in the topic and its applicability to the modern world.

So to recap the offenses which make up Piracy:

Sec. 1651. Piracy under law of nations

Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.


Sec. 1653. Aliens as pirates

Whoever, being a citizen or subject of any foreign state, is found and taken on the sea making war upon the United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of which the offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is a pirate, and shall be imprisoned for life.


Sec. 1654. Arming or serving on privateers

Whoever, being a citizen of the United States, without the limits thereof, fits out and arms, or attempts to fit out and arm or is concerned in furnishing, fitting out, or arming any private vessel of war or privateer, with intent that such vessel shall be employed to cruise or commit hostilities upon the citizens of the United States or their property; or

Whoever takes the command of or enters on board of any such vessel with such intent; or

Whoever purchases any interest in any such vessel with a view to share in the profits thereof--

Shall be fined under this title or imprisoned not more than ten years, or both.


Sec. 1657. Corruption of seamen and confederating with pirates

Whoever attempts to corrupt any commander, master, officer, or mariner to yield up or to run away with any vessel, or any goods, wares, or merchandise, or to turn pirate or to go over to or confederate with pirates, or in any wise to trade with any pirate, knowing him to be such; or

Whoever furnishes such pirate with any ammunition, stores, or provisions of any kind; or

Whoever fits out any vessel knowingly and, with a design to trade with, supply, or correspond with any pirate or robber upon the seas; or

Whoever consults, combines, confederates, or corresponds with any pirate or robber upon the seas, knowing him to be guilty of any piracy or robbery; or

Whoever, being a seaman, confines the master of any vessel--

Shall be fined under this title or imprisoned not more than three years, or both.


Sec. 1661. Robbery ashore

Whoever, being engaged in any piratical cruise or enterprise, or being of the crew of any piratical vessel, lands from such vessel and commits robbery on shore, is a pirate, and shall be imprisoned for life.

Those are the basics! Piracy, strangely enough, is NOT about theft, stealing, etc., although that *also* goes on. That said this *is* extended into airspace as seen later in the US Code, first with this general provision:
The application of the Federal Aviation Act of 1958 (72 Stat. 731; 49 U.S.C.A. Sec. 1301 et seq. [see 49 U.S.C. 40101 et seq.]), to the extent necessary to permit the Secretary of Transportation to accomplish the purposes and objectives of Titles III [former 49 U.S.C. 1341 et seq., see Disposition Table at beginning of this title] and XII [see 49 U.S.C. 40103(b)(3), 46307] thereof, is hereby extended to those areas of land or water outside the United States and the overlying airspace thereof over or in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement, has appropriate jurisdiction or control: Provided, That the Secretary of Transportation, prior to taking any action under the authority hereby conferred, shall first consult with the Secretary of State on matters affecting foreign relations, and with the Secretary of Defense on matters affecting national-defense interests, and shall not take any action which the Secretary of State determines to be in conflict with any international treaty or agreement to which the United States is a party, or to be inconsistent with the successful conduct of the foreign relations of the United States, or which the Secretary of Defense determines to be inconsistent with the requirements of national defense.
Needless to say the bolding and emphasis are mine, throughout. The FAA gets the overflight capability and oversight concept, but the Laws of the Sea are extended into airspace for general provisions and outlook (navigation excepted), although specific laws will be put in place the more general of the laws, being that of the High Seas is primary via precedence. Thus all the readings on Piracy are *also* extended into the air and while 'air piracy' will get its own view the general rules and customs in particular regarding making war upon the US is primary and has precedence.

This is expanded upon by the Emergency Powers of the President given a bit later in the US Code:
Sec. 40106. Emergency powers

(a) Deviations From Regulations.--Appropriate military authority may authorize aircraft of the armed forces of the United States to deviate from air traffic regulations prescribed under section 40103(b)(1) and (2) of this title when the authority decides the deviation is essential to the national defense because of a military emergency or urgent military necessity. The authority shall--
(1) give the Administrator of the Federal Aviation Administration prior notice of the deviation at the earliest practicable time; and

(2) to the extent time and circumstances allow, make every reasonable effort to consult with the Administrator and arrange for the deviation in advance on a mutually agreeable basis.
(b) Suspension of Authority.--(1) When the President decides that the government of a foreign country is acting inconsistently with the Convention for the Suppression of Unlawful Seizure of Aircraft or that the government of a foreign country allows territory under its jurisdiction to be used as a base of operations or training of, or as a sanctuary for, or arms, aids, or abets, a terrorist organization that knowingly uses the unlawful seizure, or the threat of an unlawful seizure, of an aircraft as an instrument of policy, the President may suspend the authority of--

(A) an air carrier or foreign air carrier to provide foreign air transportation to and from that foreign country;

(B) a person to operate aircraft in foreign air commerce to and from that foreign country;

(C) a foreign air carrier to provide foreign air transportation between the United States and another country that maintains air service with the foreign country; and

(D) a foreign person to operate aircraft in foreign air commerce between the United States and another country that maintains air service with the foreign country.
(2) The President may act under this subsection without notice or a hearing. The suspension remains in effect for as long as the President decides is necessary to ensure the security of aircraft against unlawful seizure. Notwithstanding section 40105(b) of this title, the authority of the President to suspend rights under this subsection is a condition to a certificate of public convenience and necessity, air carrier operating certificate, foreign air carrier or foreign aircraft permit, or foreign air carrier operating specification issued by the Secretary of Transportation under this part.

(3) An air carrier or foreign air carrier may not provide foreign air transportation, and a person may not operate aircraft in foreign air commerce, in violation of a suspension of authority under this subsection.

So here the seizure part is enumerated, but this is only to cover the seizure of an aircraft via terrorist acts, which are threats, coercion and so on. Aircraft get special jurisdiction seen in this part of the US Code:
CHAPTER 465--SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

Sec. 46502. Aircraft piracy

(a) In Special Aircraft Jurisdiction.--


(1) In this subsection--

(A) "aircraft piracy'' means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent.

(B) an attempt to commit aircraft piracy is in the special aircraft jurisdiction of the United States although the aircraft is not in flight at the time of the attempt if the aircraft would have been in the special aircraft jurisdiction of the United States had the aircraft piracy been completed.
(2) An individual committing or attempting or conspiring to commit aircraft piracy--

(A) shall be imprisoned for at least 20 years; or

(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.
(b) Outside Special Aircraft Jurisdiction.--

(1) An individual committing or conspiring to commit an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft jurisdiction of the United States--

(A) shall be imprisoned for at least 20 years; or

(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.
(2) There is jurisdiction over the offense in paragraph (1) if--

(A) a national of the United States was aboard the aircraft;

(B) an offender is a national of the United States; or

(C) an offender is afterwards found in the United States.
(3) For purposes of this subsection, the term "national of the United States'' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
Now is 'air piracy', by that, Piracy? This outlook has separate view based on the fact that it is not being defined as an act of war. The attempt is to skirt that issue by including no Treaty language, so that simple air piracy can be differentiated from war-based piracy.

Terrorism has its own overview and that is given in this section of the US Code:
(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion; or

(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
Terrorism, then, is intimidation, coercion or threats upon civilians or governments, or attempts to to use weapons of mass destruction, assassination or kidnapping to further intimidate or coerce government. Again this are going after those things which threaten the conduct of daily life. Thus simple terrorism is different from Piracy by the *inaction* and being on the order of threats. When *action* is taken the step has been crossed from simple terrorism to Piracy. This is expanded upon by this part of the US Code:
Sec. 2332b. Acts of terrorism transcending national boundaries

(a) Prohibited Acts.--


(1) Offenses.--Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)--

(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or

(B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States; in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c).
(2) Treatment of threats, attempts and conspiracies.--Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished under subsection (c).
(b) Jurisdictional Bases.--

(1) Circumstances.--The circumstances referred to in subsection (a) are--

(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;

(B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated;

(C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States;

(D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States;

(E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or

(F) the offense is committed within the special maritime and territorial jurisdiction of the United States.
(2) Co-conspirators and accessories after the fact.-- Jurisdiction shall exist over all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender.
So these are definitely actions taken against individuals and/or the United States itself, and is extended to killing, kidnap, assault/assault with a deadly weapon, puts individuals or property at risk for damage, and conspiracies to same WITHIN the territorial United States, which includes extra-territorial enclaves, known as Embassies. Included in the list of things are also all Federal employees or anyone working on behalf of the United States government (including contractors), and all Federally owned facilities (in whole or in part). Also note that co-conspirators and accessories *after the commission of such crimes* also fall under this statute. The inclusion, however, of all the sub-surface and airspace again gives further voice to the outlook on law extension, although this is more to define the entirety of the territory of the United States than anything else. Thus the High Seas Law under view of the Admiralty does not apply inside the United States for air traffic nor in defining terrorism.

However, by the extension of the High Seas view into airspace the breaking of a Treaty, of any sort, does apply. Thus simple 'air piracy' which breaks NO TREATY is different than Piracy inside the United States, but externally the High Seas extension and Treaty prevail as Congress cannot make law outside the United States (via the container concept I go over in this piece) save to regularize commerce via Treaty. And as non-Treaty Nations also use such air space, the more generalized rules for commerce and trade must apply, which is the High Seas.

Treaties to regularize air traffic and such are put into the US Code with suitable comments, amendments and so on here. Of these the Warsaw Convention covering international airflights is the best known, and gets printed on more air tickets and holders and such than one can easily handle, but such things as the Montreal Convention also apply with stipulations. But that is the Treaty language and requirement, so that each and every passenger knows what the international rules are. The Hague Hijacking Convention, as an example, provides for an incident to be ajudicated between Nations so that laws of both apply to the place where the incident happens. The 1973 Montreal Protocols on unlawful acts with regards to aviation talk much about civil penalties and extradition, which goes with the Hague Convention outlook. And those rules are one thing on the basis of language regarding the responsibilities of those seeking passage: vague.

All of this points to the problem of Nations treating terrorism as mere civil law violations: it does not address the fact that these are warlike acts performed by organizations that have, often, declared hostilities or war upon Nations and Peoples in an illegitimate fashion. Via this strange view, an organization can perform any level of violence via aircraft, or on the ground and not be held liable to it as an act of war that is a war crime. I looked at this in overview, previously, but the basics still hold that the activity being warlike or from a party declaring itself belligerent or at war with you then constitutes a war activity. What the High Seas outlook does, however, is place upon this view that the *activity* defines the sphere it is to be handled in. Air Piracy by an organization that has declared open hostilities is not, then, civil crime but war crime and Piracy, beyond being terrorism.

That then falls all the way back to the beginning of the post and those seeking to make war upon the United States being held to war crimes views and *not* civil crime views. The open establishment of an organization declaring itself hostile to the United States and acting in a way to bring the United States to harm then falls under the War Powers of the United States and its Piracy powers to bring such to heel. Those two things, combined, create a legitimate use of war power against such groups and, by putting them under the Piracy part of the US Code, also allows the legitimate targeting of those that aid and abet them.

By this line of thought, terrorist organizations that have declared their hostility to the United States are not *just* terrorists, but Pirates, too. So here are the categories:

  • Those that target US vessels or Federally owned or held buildings on land that are involved with the maritime, Admiralty or other related business outside the United States, and damage them using warlike activities are Pirates. This, by extension, includes all air facilities overseas and landing areas owned by the US, all US owned aircraft (in whole or in part), and all personnel related to that, via the extension of the High Seas provision outside the United States. Notice that ship to aircraft transportation and trucking is *also* part of this, along with related haulage and storage facilities owned (in whole or in part) by the US. This includes all commercial vessels and aircraft, their companies and firms utilizing air or sea transport. Actually, that is a pretty long list, when you come to think about it, especially when including the overseas US Nationals running ticketing offices and such.

  • Those that attack and damage or destroy US Embassies are attacking from a Foreign Nation's soil upon the extra-territorial enclave of the United States which IS part of the United States and that is an Act of War, even if it is not sanctioned by the host Nation. That activity warrants immediate reprisals and serves as a de facto Declaration of War or hostilities no matter who originates it (unless, of course, you are Jimmy Carter, in which case a retreat to the Rose Garden is in order). And as ALL US Embassies have US Marine Corps guards it is *also* an attack upon them and their offices which fall under the Admiralty, and those that do such attacks are Pirates. Ever wondered *why* USMC gets the guard duties? Fast, tough, effective and fall under the Admiralty, thus allowing the branding of Piracy *instantly*! Gotta love it!

  • Skyjacking when done for personal gain or from a group not hostile to the United States openly, or done to coerce or otherwise intimidate individuals or government, and when done to a US Citizen or on-board an aircraft that has *any* US ownership involved is terrorism, up to and including killing of innocents and destruction of aircraft. This includes when it is done overseas or within the United States. Examples of this are to get to a foreign nation or for personal robbery and such. This is 'air piracy' but NOT Piracy.

  • Skyjacking when done for purposes to attack the United States, its nationals, property, or is from a group that has declared open hostility with the United States is not just 'air piracy' but it is also Piracy.

  • Any US national that is robbed by a group that is a general outlaw group that is waging war, or performing warlike activities in any event, has suffered from a Pirate and that individual can get imprisoned for that even if their organization has not declared open hostilities with the US.
There, that ought to straighten things out a bit!

Terrorists who are part of organizations that have declared war on the US, and attacks the vessels, aircraft, land based facilities, personnel and networks between sea and air, owned wholly, or in part, by the US or its Citizens overseas is an act of Piracy and, thus, those doing so are Pirates. Anyone associated *with* said organizations by aiding and abetting them, are liable for the help they give Pirates.

Organizations that attack and damage US Embassies are Pirates.

Skyjacking is 'air piracy' but also Piracy if conducted by a group at war with the US. Otherwise it is simple terrorism.

Terrorists are those who do not declare war on the US, do not attack US Embassies, do not attack maritime and air assets (including terminals, cargo storage areas, transport vehicles) and their staff (Federal and Civilian, owned in whole or in part by same, all staff inclusive as this is seen from the commerce power side of things), and engage solely in threats and destruction without warlike intent against the United States and its People. Of course they just might be brigands (as cited in Rose v. Himley).

Of all of the above the air coverage and maritime interaction is the one that is the hardest to figure out. International Law, as such, is basically Nation to Nation contracts and agreements with only the backing of each Nation to give it force (which I went over in this post some time back). From that, then, the provisions for the Laws of the High Seas given to Congress extended into the Air domain for regularization and such is natural as it covers the same basic concept of freedom of navigation and movement upon the High Seas amenable only to Treaty.

Even so the rest still stands relatively well and finally gives a key tool for attacking the actual Transnational Terrorist Internetwork: those that have called for the destruction of the United States are not only Terrorists but also Pirates and those that associate with them can also be put into the category of aiding and abetting to the tune of a few years in jail. The anti-Piracy statutes are very basic, plain and 19th century and, thusly, easy to understand.

By calling activities of those groups actively calling for the attack or destruction of the US to be mere terrorists does *not* allow for the wider net to be cast against those aiding them on land or at sea as the terrorism laws go after individuals but the Piracy statutes go after entire organizations by this language: "Whoever consults, combines, confederates, or corresponds with any pirate or robber upon the seas, knowing him to be guilty of any piracy or robbery". That is language to go after groups, not just individuals because they are combining or confederating together while conspiracy is working together. There is a change in substance between the two: conspiracy means working with others to plan and commit, while confederate and combine means to pitch resources together or commit them together while working together which is a material combination of commitment rather than mere spoken commitment. That is what allows organizations to be put at the pointed end of the war powers: actual, material commitment.

The terrorism statutes are harsher on the Civilian side, but the war powers allow for expansive attack of terror organizations when they are considered Pirate cabals. And when using war powers 'resisting arrest' is *not* something considered: you either surrender or you do not. None of this 'struggling with officer concept', at all as this is military and not civil jurisdiction. And as it is entire organizations that are the target, they are *all* put up as fair game. War powers are expansive to go after full organizations by membership without having to prove individual conspiracy on an act-by-act basis. It is that latter that confounds stopping organized crime: the organization is left, even when the main actors are behind bars.

That is what the war powers are about: ending those working together to bring you down, not *just* the ones who attacked you, but their confederates and allies so as to put a stop and end to them. Perhaps we can start using them some day.

There, you have it! More legal concepts mangled in a shorter space than has ever been achieved heretofore!

19 May 2007

Immigration Amnesty 2: The Return of the Seatwarmers

When last we left the intrepid snoozers in Congress warming their seats last year, they had proven incapable of rising to the responsibilities they had set to themselves in 1986 to really, truly, 'cross my heart and hope to die', 'Scouts Honor', actually DO SOMETHING about those very same promises made in 1986. This last year's election took a horrific toll on these valiant incompetents and their Ranks of 90 have now dwindled to 77:



NAMEPARTYSTATE
ABERCROMBIE, NeilDemocratHI
ACKERMAN, Gary LeonardDemocratNY
AKAKA, Daniel KahikinaDemocratHI
BARTON, Joe LinusRepublicanTX
BAUCUS, Max SiebenDemocratMT
BERMAN, Howard LawrenceDemocratCA
BIDEN, Joseph Robinette, Jr.DemocratDE
BILIRAKIS, MichaelRepublicanFL
BOUCHER, Frederick C.DemocratVA
BOXER, BarbaraDemocratCA
BURTON, Danny LeeRepublicanIN
BYRD, Robert CarlyleDemocratWV
CARPER, Thomas RichardDemocratDE
COBLE, HowardRepublicanNC
COCHRAN, William ThadRepublicanMS
CONYERS, John, Jr.DemocratMI
COOPER, James Hayes ShofnerDemocratTN
CRAIG, Larry EdwinRepublicanID
DICKS, Norman DeValoisDemocratWA
DINGELL, John David, Jr.DemocratMI
DODD, Christopher JohnDemocratCT
DOMENICI, Pete VichiRepublicanNM
DORGAN, Byron LeslieDemocratND
DREIER, David TimothyRepublicanCA
DURBIN, Richard JosephDemocratIL
FRANK, BarneyDemocratMA
GORDON, Barton JenningsDemocratTN
GRASSLEY, Charles ErnestRepublicanIA
GREGG, Judd AlanRepublicanNH
HALL, Ralph MoodyDemocratTX
HATCH, Orrin GrantRepublicanUT
HOYER, Steny HamiltonDemocratMD
HUNTER, Duncan LeeRepublicanCA
INOUYE, Daniel KenDemocratHI
JEFFORDS, James MerrillRepublicanVT
KANJORSKI, Paul E.DemocratPA
KENNEDY, Edward MooreDemocratMA
KERRY, John ForbesDemocratMA
KILDEE, Dale EdwardDemocratMI
LANTOS, Thomas PeterDemocratCA
LAUTENBERG, Frank RaleighDemocratNJ
LEACH, James Albert SmithRepublicanIA
LEVIN, CarlDemocratMI
LEVIN, Sander MartinDemocratMI
LOTT, Chester TrentRepublicanMS
LUGAR, Richard GreenRepublicanIN
LUNGREN, Daniel EdwardRepublicanCA
MARKEY, Edward JohnDemocratMA
McCAIN, John Sidney, IIIRepublicanAZ
MIKULSKI, Barbara AnnDemocratMD
MILLER, GeorgeDemocratCA
MOLLOHAN, Alan BowlbyDemocratWV
MURTHA, John Patrick, Jr.DemocratPA
OBERSTAR, James LouisDemocratMN
OBEY, David RossDemocratWI
ORTIZ, Solomon PorfirioDemocratTX
PETRI, Thomas EvertRepublicanWI
RAHALL, Nick Joe, IIDemocratWV
RANGEL, Charles B.DemocratNY
REGULA, Ralph StrausRepublicanOH
REID, HarryDemocratNV
ROGERS, Harold DallasRepublicanKY
SARBANES, Paul SpyrosDemocratMD
SAXTON, Hugh JamesRepublicanNJ
SENSENBRENNER, Frank James, Jr.RepublicanWI
SHELBY, Richard C.DemocratAL
SMITH, Christopher HenryRepublicanNJ
SNOWE, Olympia JeanRepublicanME
SPECTER, ArlenRepublicanPA
SPRATT, John McKee, Jr.DemocratSC
TOWNS, EdolphusDemocratNY
VISCLOSKY, PeterDemocratIN
WARNER, John WilliamRepublicanVA
WAXMAN, Henry ArnoldDemocratCA
WOLF, Frank RudolphRepublicanVA
WYDEN, Ronald LeeDemocratOR
YOUNG, Donald EdwinRepublicanAK

These not so brave, not so bold, not so able liars to the American People still refuse to keep their pledge of 1986 to actually FIX the illegal alien problem, establish border security and in some way keep track of those coming to this Nation who illegally overstay their visit periods. Something that would get one placed in a third world hell-hole prison in less savory Nations gets the big yawn from Congress. Not willing to do their jobs, their diminished ranks of stalwart seatwarmers now looks to fix it again JUST LIKE THEY DID IN 1986!

We heard fine words from the House on 13 DEC 2001 in regards to this:
[Congressional Record:December 13, 2001 (House)]
[Page H10148-H10153]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr13de01pt2-30]

IMMIGRATION REFORM AND CONTROL AND THE SECURITY OF OUR BORDERS

[..]

Mr. ROHRABACHER: Mr. Speaker, I think it is very apropos that my colleague is talking about the danger of out-of-control immigration to our country.

My staff was recently looking at some of the statements that I made back in 1997 in the Congressional Record. On September 29, 1997, there was a debate about extending 245(i), which was basically a provision which suggested that if someone was in the United States illegally, instead of having them have to go back, which they traditionally have had to do, to their home country in order to change their status and then stand in line and become a legal applicant, 245(i) would have permitted them just to give $1,000 and to stay in the United States of America and to have their status adjusted here.

During that debate, I stated, and I think it comes right down to the safety of the country, and we are talking about immigration policy: "Extending 245(i) also raises serious national security questions.'' This is back in 1997. "Unlike those who enter the United States legally, 245(i) applicants are not required to go through the same criminal checks, history checks, as they do when they go through this check in their home country when they are waiting to come to this country legally. The consular offices located in the applicant's home country, along with foreign national employees working for the State Department, are in the best position to determine if an applicant has a criminal background or is a national security risk.''

Again, this is in 1997. "Consulates abroad are more knowledgeable, they speak the local language, they know the different criminal justice systems in the country, and they are the ones who should be screening the people before they come to the United States so that we do not have criminals and terrorists coming to the United States, not being screened, and ending up just paying $1,000 to be put in front of the line. Allowing these lawbreakers to apply for permanent status in the United States rather than having them returned to their home countries to do so circumvents a screening process that has been carefully established to protect our country's security.''

Now, that was back in September of 1997. And let us note that any one of the September 11 hijackers who was here in this country would have been eligible then to find a sponsor or to marry somebody, just with the restrictions that they wanted to tweak this 245(i), that would have permitted them to stay in this country. And the general idea of 245(i), had that been totally accepted, which was being pushed in 1997, none of those guys would have had to go home to get their status changed. Every one of the terrorists that slammed into those buildings and was involved in this conspiracy to kill thousands of Americans would have been given an avenue to stay right in this country legally.

Now, when we have policies, when we have people advocating this type of policy that we are going to change the way we do things around here, and this is the policy change, and it is so evidently nonchalant about the national security of our country, something is wrong.

And I would like to applaud the gentleman from Colorado (Mr. Tancredo) for the leadership he is providing on this overall issue of immigration, because what we have here is immigration out of control. And an immigration policy that is out of control is bound to do great damage to our country, to our people, and to the national security of our country.

Already we have seen what that means just in terms of traditional national security, and that is we have lost almost 4,000 of our citizens to a terrorist attack because we did not have proper control of our borders. We had people here in our country that should not have been here, not to mention of course the failure of the CIA, the FBI, and the National Security Agency, which of course was a failure as well, but now we are just talking about specific policies.

In my State, okay, we have not lost 4,000 people to a terrorist, but we have criminals who are let loose every day in my State because we have a policy of, what? If someone is arrested and they are here illegally, that does not automatically mean that they are sent home to the country from which they come.

Mr. TANCREDO. It is called the catch and release policy.

Mr. ROHRABACHER. Imagine that. We are turning loose criminals, people who have been arrested for crimes in our country and just turning them loose among our citizens. This is outrageous.

And why are we doing this? We are doing this because Americans have good hearts and we are afraid to do things that would cause great hardship and discomfort to very good people. Ninety-five percent of the illegal immigrants, much less the legal immigrants, but 95 percent of them are wonderful people, and we are afraid to do something that would cause them hardship.

Well, who are we representing, anyway? Who are we supposed to represent? We are supposed to represent the people of the United States, the people who happen to be of all races and all ethnic backgrounds. The people of the United States are not one race. We are not representing a racist point of view or one ethnic point of view. We are representing the patriotic interests of every American, no matter what color he or she is, or what religion he or she is.

We should have no apologies that to whomever it is we are saying, "I am sorry, because you are not here legally, you have to go home,'' or "you are here illegally and you cannot get benefits to take away from our citizens,'' we should not be afraid to do this.


They shouldn't be afraid to do their jobs! Oh, dear me! And yet nothing gets done AFTER 9/11 even with warnings BEFORE 9/11... four years before... that this is a dangerous situation. And it should be noted that in 1997 those that opposed actually stopping the flow of illegal aliens can be seen in just the debate cited by Mr. Rohrabacher and Douglas Brian (Pete) Peterson (D-MN) steps up to offer some of the organizations *supporting* illegal aliens coming to the US:
Mr. PETERSON: Mr. Speaker, I rise in opposition to this Rohrabacher motion to instruct conferees. Mr. Speaker, this motion is opposed by the U.S. Chamber of Commerce, the National Association of Manufacturers, the AFL-CIO, and all by itself, bringing those organizations together, that should be enough to make Members realize that there is merit in this 245(i) program.
Quite a lovely group, isn't it, supporting illegal aliens to flood into the Nation? Big Business and Big Labor siding WITH the 'open borders' folks! And then there are the ethnic communities already here that want the flow to continue because, to do otherwise, might just cause some 'hardship', Mr. Lincoln DiazeBalart (R-FL):
I would like to say in addition to fairness, in addition to common sense, in addition to proportionality, there is a perception issue here.

Mr. Speaker, this issue has grown to one of immense proportions in the Hispanic community throughout the United States. I think it is appropriate for all my esteemed colleagues to know that this is perceived by the Hispanic community as one directly related to how immigrants in the United States are treated. I think it is important for all of our esteemed colleagues in this House to know that.
For all the fine words of what is required to get a Green Card, those that do not obey the law are still free to flout the laws and just come here. But I guess that is a question of 'fairness', this obeying the law thing. At that those who choose *not* to obey the laws should, you know, be treated a bit differently than those who do. Perhaps there is no 'common sense' or 'proportionality' in that. Who ELSE was on board with this idea of supporting illegals to continue breaking the law? Well, Ms. Ileana Ros-Lehtinen (R-FL), points out that having folks go home to be processed might just be a bit of a bother and they should just stay here, and she then points to a supporter of this concept:
After being subjected to fingerprinting and rigorous background checks, immigrants who have never been convicted of a crime provide and fund our INS' detention and deportation activities by paying a sum of $1,000 to have their status renewed. It raises $200 million to our U.S. Treasury.

That is why Americans for Tax Reform, headed by Grover Norquist, supports the extension of 245(i). I urge my colleagues to vote against the Rohrabacher motion and support the renewal of 245(i) because it is essential and beneficial to American businesses and, indeed, to the American taxpayer. By supporting 245(i), we would support America and the scores of organizations and corporations which are depending on our vote.
What she doesn't want to address is those WITH criminal records who know they will NOT be accepted and who can just continue on being here without any oversight at all, because the damned law doesn't go looking for them. The very law abiding folks she cites who have *already* entered the system are another matter, but using them as a smokescreen to *block* actual enforcement of the law is something else again. Plus those very ones she cites would have the financial ability TO actually follow the law as they are Professionals.

Mr. Benjamin Arthur Gilman (R-NY) also rises to support the concept that families and businesses will be 'burdened' by actually trying to find illegals, plus he also says that 'consular staffs' will have a lighter workload and makes that out to be a *good thing*, and that Americans will raise more taxes this way, too! Lovely, isn't that?

Mr. Henry John Hyde (R-IL) points out that those here illegally can be deported at 'any time'... unless, of course they apply under the provisions of the legislation.... basically : the legal folks do the right thing and the illegals we can't be bothered with.

Then come the sob stories of separated families and such because the law is just 'too much of a burden' to them. Can't have that burden business of doing things by the law, now, can we? Mr. Calvin M. Dooley (D-CA) also points out that the Senate rejected a bill that would, indeed, eject illegals from the US by Unanimous Consent, so that there is no point in doing anything as the Senate will 'just say no'. Now that is moral fiber in defense of National Security for you: the other chamber doesn't want to protect the Nation so why should we?

Mr. Richard (Dick) Gephart (D-MO) then brings in a lovely sob story of an man from India who is working for a biotech firm and is here illegally! What, he can't pay the fees involved to get a damned Green Card? The LEAD SCIENTIST AT A BIOTECH FIRM?

What really, and truly, takes the cake on this comes from Ms. Nancy Pelosi (D-CA) and it is precious beyond words:
A significant proportion of people who use 245(i) never intended to break the law. Rather, they were tripped up by the Immigration and Nationality Act, which is arguably second only to the Tax Code in its sheer complexity. My colleagues who have criticized the Internal Revenue Service for strictly enforcing arcane tax laws will agree that honest mistakes happen. Likewise, these 245(i) applicants are not running from the Immigration and Naturalization Service. They are not fighting the paperwork requirements or griping about the $1,000 penalty. All they want is to retain the opportunity they now have in the law to set things right and get on with their lives.
And who, in particular, MAKES such complex laws that mere mortals cannot understand? Is it a deific being, Beauracratis the Demi-God of Red Tape, that creates this? Unfortunately Ms. Pelosi has just decried that Congress has made things too complex in assenting to beauracracy that folks can't follow and *then* has the audicity to use the Congressional incompetence as an excuse NOT to do anything! Yes! The exact *same* approach used to decry the lack of military goods and the overhead at the VA is trotted out here, a decade ago, to explain why nothing should be done to enforce the borders and the laws that govern the Nation. She then goes on to list companies that actually SUPPORT this concept of not enforcing the Laws of the Land and remove illegal aliens:
Scores of America's leading companies support making 245(i) a permanent part of U.S. law, including: AT&T, Apple Computers, Bayer Corp., Digital Equipment Corp., Dow Chemical, Ford Motor Co., Hewlett-Packard, INTEL, Maytag, Merck, Microsoft, Monsanto, Motorola, Procter & Gamble, Sun Microsystems, Texas Instruments, TRW, Westinghouse Electric, and Xerox. Even the U.S. Chamber of Commerce wants 245(i) to continue. I am baffled as to why my colleagues on the other side of the aisle would not listen to these business and industry leaders on this issue.
Excuse me, but these do NOT look like small businesses and such depending on a few illegals to do some gardening or child care.

So we can now see who is against this a bit more: Big Business (and lots of them!), Big Labor, the Hispanic community of Florida, Americans for Tax Reform and Grover Norquist. Add in the do-nothingist Congresscritters, and those refusing to step up to the plate and accept the blame for the twisted system Congress created and you have the perfect storm of stupidity. Needless to say actually *doing* something about illegal aliens was voted DOWN by the House in 1997.

Here is where Transnationalism takes hold in the Congress of the United States. From the Right we get this ethos, as described by John Fonte:
There are serious tensions and fundamental disagreements within American conservatism on globalization. Three arenas that highlight these conflicts are (1) global migration or immigration, (2) global trade, and (3) regionalization, specifically North American integration.

The editorial page of the Wall Street Journal is a major voice of American conservatism.

Last summer during the immigration debate the Wall Street Journal editors argued for the McCain-Kennedy amnesty bill on the following philosophical grounds:

"Our own view is that a philosophy of 'free markets and free people' includes flexible labor markets. At a fundamental level, this is a matter of freedom and human dignity. These migrants are freely contracting their labor, which is a basic human right."

Thus, the Journal is telling us that immigration for employment purposes is “a basic human right.” It is not simply a policy preference but is elevated to the realm of a universal principle. On the crucial democratic question: who decides American immigration policy? The answer is clear enough. American immigration policy is decided by autonomous individuals who are foreign citizens in places like Mexico, Pakistan and Ireland. These decisions are made without the consent of the governed. Policy is not decided by ordinary American citizens in Ohio or Oklahoma. Nor on principle, the Journal editors tell us, should this policy be decided by the elected representatives of the American people in Congress assembled. Clearly, this is a post-democratic, post-constitutional principle advocated by the editors of the Wall Street Journal.
That is Big Business wanting to remove obstacles of Nation State to ensure a liquid labor force and utilize it without respect to Nationality nor to the Rights of Nations. And note what one of the backers of the non-enforcement of the Immigration Laws is doing:
REGIONALIZATION: NORTH AMERICAN INTEGRATION

For several years, government leaders and business elites in US, Canada and Mexico have been promoting North American integration. An executive agreement established the Security and Prosperity Partnership for North America (the SPP). In June 2005 and March 2006 Cabinet members from the US (including Condoleezza Rice, Carlos Gutierrez, Michael Chertoff) and their counter parts in Canada and Mexico outlined priorities.

These priorities include:

(1) The immediate number one priority was to “facilitate the movement of people” across the borders of North America.
(2) The “harmonization of security and customs regulations in all three countries.” This priority is vaguely written and ambiguous, although implicit is the suggestion that there should be one border for all of North America.
(3) The “formalization” of a “transnational professional labor force” that could work in any North American country.
(4) The creation of institutions to promote North American integration

On March 31, 2006 the three governments established the North American Competitiveness Council (NACC) to implement these measures. The US Chamber of Commerce is the Secretariat for the council.
Yes, the very same US Chamber of Commerce cited as being against the 1997 enforcement of the Immigration Laws. They wish to remove the oversight of Congress to some 'higher body' for North America. It is these very powers that are a SOLE grant from the People of the United States to its Congress and to NO other body. That is the Transnational Capitalists on the Right espousing an end to democratic means to sustain National identity. That is clearly reflected in Congress as is the Transnational Left also called Transnational Progressivism by John Fonte in this article and this extended article. The basic vies of Transnational Progressivism are summed up as follows:
The key concepts of transnational progressivism could be described as follows:

The ascribed group over the individual citizen. The key political unit is not the individual citizen, who forms voluntary associations and works with fellow citizens regardless of race, sex, or national origin, but the ascriptive group (racial, ethnic, or gender) into which one is born.

A dichotomy of groups: Oppressor vs. victim groups, with immigrant groups designated as victims. Transnational ideologists have incorporated the essentially Hegelian Marxist "privileged vs. marginalized" dichotomy.

Group proportionalism as the goal of "fairness." Transnational progressivism assumes that "victim" groups should be represented in all professions roughly proportionate to their percentage of the population. If not, there is a problem of "underrepresentation."

The values of all dominant institutions to be changed to reflect the perspectives of the victim groups. Transnational progressives insist that it is not enough to have proportional representation of minorities in major institutions if these institutions continue to reflect the worldview of the "dominant" culture. Instead, the distinct worldviews of ethnic, gender, and linguistic minorities must be represented within these institutions.

The "demographic imperative." The demographic imperative tells us that major demographic changes are occurring in the U. S. as millions of new immigrants from non-Western cultures enter American life. The traditional paradigm based on the assimilation of immigrants into an existing American civic culture is obsolete and must be changed to a framework that promotes "diversity," defined as group proportionalism.

The redefinition of democracy and "democratic ideals." Transnational progressives have been altering the definition of "democracy" from that of a system of majority rule among equal citizens to one of power sharing among ethnic groups composed of both citizens and non-citizens. James Banks, one of American education's leading textbook writers, noted in 1994 that "to create an authentic democratic Unum with moral authority and perceived legitimacy, the pluribus (diverse peoples) must negotiate and share power." Hence, American democracy is not authentic; real democracy will come when the different "peoples" that live within America "share power" as groups.

Deconstruction of national narratives and national symbols of democratic nation-states in the West. In October 2000, a UK government report denounced the concept of "Britishness" and declared that British history needed to be "revised, rethought, or jettisoned." In the U.S., the proposed "National History Standards," recommended altering the traditional historical narrative. Instead of emphasizing the story of European settlers, American civilization would be redefined as a multicultural "convergence" of three civilizations—Amerindian, West African, and European. In Israel, a "post-Zionist" intelligentsia has proposed that Israel consider itself multicultural and deconstruct its identity as a Jewish state. Even Israeli foreign minister Shimon Peres sounded the post-Zionist trumpet in his 1993 book , in which he deemphasized "sovereignty" and called for regional "elected central bodies," a type of Middle Eastern EU.

Promotion of the concept of postnational citizenship. In an important academic paper, Rutgers Law Professor Linda Bosniak asks hopefully "Can advocates of postnational citizenship ultimately succeed in decoupling the concept of citizenship from the nation-state in prevailing political thought?"

The idea of transnationalism as a major conceptual tool. Transnationalism is the next stage of multicultural ideology. Like multiculturalism, transnationalism is a concept that provides elites with both an empirical tool (a plausible analysis of what is) and an ideological framework (a vision of what should be). Transnational advocates argue that globalization requires some form of "global governance" because they believe that the nation-state and the idea of national citizenship are ill suited to deal with the global problems of the future.
Yes, this fits quite well with the 'ethnic communities' asserting that the law unfairly hurts them and that their 'people' are put under and undue burden. Illegal aliens from 'other cultures' by being 'innocent' and 'just seeking a good job' have the right to erode the Nation State, and have that right trump actual law enforcement and democratic powers of the United States to actually uphold its laws for All of the People. And because joining up families is 'fair' and that those breaking the laws are 'victims' of such laws instead of just law breakers, they should be elevated in status and given more than they are granted by law and are free to flout the laws of the Nation State. Also for many of these the disingenuous claim that 'we didn't move over the border, the border moved over us' is one that directly attacks the Sovereignty of a People to expect that other Nations and their Citizens will respect the Treaties between such Nations.

The 'oppressed' or 'victimized' individual can, thusly, do no wrong and it is the over 'authoritarian' and 'outmoded' laws that need to be removed so that 'classical liberal values' can be asserted for all of humanity.

Just don't mind the fact that an Empire will rise where the Nation State has fallen, as it will be ruled by the 'enlightened' ones that will decide who get which 'rights', because those, too, are just a fiction and individuals are not fit to decide upon their lives for themselves.

From what I can see the only argument is *who* gets to be the Elite: 'classical liberals' (whoever *they* are), corporate boards, or the Caliph. The top doesn't matter as it is the People who get the shaft from each of these views of the 'post-Nation State' world.

Those are the echoes ringing louder and louder from 1997 to now: Congress slowly signing up so as to sign away the Rights of the People to Others.