© 2019 Clifford Ribner – January 1, 2019.
Have American Politicians Turned Us into a Police State?
First, what is a police state? It’s a one-party state, whose unelected, citizen-policing bureaucrats have the power to dictate citizens’ every action, their words, and even their thoughts. They have totalitarian enforcement mechanisms which they exert over everyone who doesn’t belong to the ruling, or otherwise legally-favored, group. Any opposition party is just for show, like the Washington Generals – or like the Republican Party without Donald Trump.
In such a state, endless, morally-defensible, non-harmful human activities and thoughts are gratuitously declared to be criminal (the rulers criminalize virtually everything normal people do), with the bureaucrat functionaries empowered to enforce all that also granted endless discretion to withhold harm for those they choose to favor. When everything is a crime, no one is safe unless they conform to the one-party demands. If they are even able to do so (e.g., in Nazi Germany, no Jew was safe no matter how ardently he advocated for Hitler).
It is an undeniable, zero-sum fact: to the precise extent that the policing power of the central/federal government over citizens is increased, citizens’ liberty is reduced. In real life, that policing power consists of the power of individual politicians and unelected, bureaucrats to threaten violence, seizure and destruction to citizens and their property, including their land and businesses.
Our Constitution’s very purpose was to preserve to the maximum extent citizens’ individual liberty, liberty for which the founders had fought the British in our incredibly difficult, bloody, dangerous Revolution. That is why our Constitution prohibits any increases at all in federal police power (beyond the extremely-limited amount it allows) from happening.That legally-enforceable (in the Constitution itself) prohibition is unique on this planet throughout all human history.
No liberty was more important for them than the rights of citizens to interact freely with each other, and to have complete freedom of contract in conducting all aspects of their businesses. Freedom of contract is the one freedom explicitly preserved in the original text of the Constitution itself. Because the founders understood that all other freedoms flow only when property rights and freedom of contract are preserved. Without them, citizens are reduced to serfs, an outcome they were determined to preclude in the new Republic.
In its multiple substantive and procedural requirements, throughout its text, the Constitution forbids the federal government from exercising virtually any federal power at all to police the citizens. Because its sole purpose was to be to serve them, to foster their liberty and prosperity, and not restrict them in any way. As Hamilton explains in Federalist #84, it was precisely to compel government officials to be servants of the people, and not vice versa, that the Constitution forbids all titles of nobility.
Thus, our Constitution guarantees that America could never be a police state – unless the Constitution itself is violated. How could that violation occur? There is only one way: by politicians holding federal offices abusing their offices and usurping power they are forbidden.
Quite simply, we either have a constitution or we don’t. The Constitution provides that it is the supreme law of the land and prescribes, in its Article V, how any amendment to it must be effected.
And if those procedures are not followed to the letter, and politicians grab power on their own, or even with all three federal branches acting together to do so, because of our Constitution, citizens, individually, or through their elected officials, can force the end of any such Constitutional violations because, as violations of the supreme law of the land, any law or official action that violates it is simply a legal nullity. The Supreme Court itself has so held on multiple occasions. And it doesn’t matter how many times the violation is repeated.
Make no mistake: Previous repeats of any Constitutional violation – supposedly, according to some, creating “precedents” – not only cannot legitimize it, they simply are multiple instances of the unconstitutional abomination. Otherwise, if precedent actually permitted such violations, violations would virtually be invited by such a rule since the very violation itself would become “precedent” legitimizing itself. A more nonsensical idea could hardly be imagined. And nothing in the Constitution authorizes such nonsense.
And yet federal politicians, including politicians in robes of the Supreme Court itself, have long been pretending such unconstitutional “precedents” must be respected and followed – with many of those politicians well knowing the multiple violations of the Constitution that have been occurring for decades.
Even if the Supreme Court has repeatedly held the violation constitutional, those holdings are each simply monstrous unconstitutional actions which in no way legitimize it. Because nothing in Article V of the Constitution, whose procedures alone prescribe how changes to the Constitution can be made, permits the Supreme Court, even in concert with the President and both houses of Congress, to effect any such Constitutional amendment. The word “precedent” is mentioned nowhere in the Constitution.
This prohibition on federal power to police the citizens and their businesses is no accident: Nothing reduces our liberty more than for politicians to violate the Constitution by passing purported “laws” empowering agencies, staffed with unelected bureaucrats whose primary purpose is serving their own, and their corrupt cronies’, interests and lust for power. Especially agencies which write laws and police citizens and their property, and provide pseudo-legal/moral pretexts for turning citizens against each other. That’s what every single one of the federal alphabet agencies do – pretending to help citizens, but actually stealing our liberty, preying on us, and breeding and promoting resentments and fights among them/us.
With Minimal Exceptions, The States Alone Are Permitted to Police US Citizens
Our Constitution could not have been more specific: It spells out with crystal clarity the only, very-few, crimes the federal government is allowed to police: counterfeiting, treason – which was deliberately defined extremely narrowly to minimize politically-motivated accusations – and piracy, but only on the high seas (and policing conduct on non-state federal lands). That’s it.
So minimal was any legal interaction wanted or expected between the federal government and American citizens that the Constitution does not even provide for any lower federal courts, although it permits Congress to establish them. So rare were federal prosecutions of citizens to be that it was expected that any such prosecutions would occur in the Supreme Court, and never as a routine occurrence in lower federal courts.
And those extremely rare federal prosecutions would be the only intrusion into any citizens’ lives by the federal government. There were to be no audits, nor other investigations, by any federal administrative agency, none of which existed at that time. And none of those agencies existed for 100 years thereafter, even though every tyranny in Europe had had ones just like them since the 17th century – because everyone knew they were the essence of tyranny, and for that very reason had been rendered unconstitutional, and so legally barred, here.
Politicians then were just as ambitious for power for themselves over their fellow citizens as they are today, and so were eager to spend taxpayers’ (other peoples’, that is) money, and intrude on peoples’ lives with bureaucracies like that. But the Constitution prevented them all that time — until 1887, when they simply went ahead and violated it, and formed the first such policing bureaucracy here, the Interstate Commerce Commission – and got away with it. Because no one even tried to stop them. Remember that in particular: They did it like all bullies do what they do – because they dared anyone to stop them, and no one did.
The whole point of the Constitution was to give citizens an unprecedented, legally guaranteed freedom from intrusion by any central government into their lives. Because any such intrusion constitutes policing the citizens and that was not to be the job of the federal government at all. Virtually all policing of the citizens and their property, including of course their businesses, was to be conducted exclusively by the states, under the Common Law.
Under the Common Law, there are no administrative agencies “regulating” citizens or their businesses; instead, if the rights of another citizen are violated, the violating citizen can be punished after the violation is proven in court, and/or the injured party can sue for compensation. That is a completely different regime for policing the citizens than the administrative state we have now, which dictates behavior in advance of citizen actions, administered by unelected bureaucrats, not judges, with nothing resembling judicial due process involved.
Federal policing, aside from the few crimes specified in the Constitution, was supposed to be limited to policing the states to the extent necessary to preserve a republican form of government in each state, freedom from states’ bullying of businesses/commerce across state boundaries, and complete freedom of contract under Common Law rules for private citizens and their businesses.
Because freedom of contract, like all those other, very-few, just-mentioned subjects for federal policing, was explicitly preserved in the Constitution itself (not in amendments to it, like all the other freedoms in the Bill Of Rights). And so the federal government was empowered to intervene and prevent any state from interfering with citizens’ freedom of contract.
And nothing in the Constitution empowered the federal government ever to interfere with citizens’ contract rights, let alone (as it has been doing routinely since the 1930s) dictate contract terms (permissible contract counterparties, prices and wages, product specifications, terms of service/employment contracts, etc.), in a manner Constitutionally forbidden to the states. Indeed, federal officers were explicitly duty-bound under the Guarantee, Commerce, Contract and Supremacy clauses of the Constitution to protect freedom of contract from assault even by the sovereign states.
And the first 10 Amendments – The Bill Of Rights – in addition to enumerating specific rights of the citizens (freedom of speech, religion, etc.), expressly preserved to the citizens and the states all rights and powers not explicitly granted to the federal government in the Constitution.
The Supreme Court has relied on one clause in the Constitution, and only that one clause, to uphold what it pretends is the Constitutionality of every one of those bureaucratic departments and alphabet agencies that police the citizenry – the Commerce clause.
As I show in my book, all of the founders who wrote on the subject – Hamilton, Jefferson, Madison, Monroe, and Chief Justice Marshall in the only two cases in the 19th century before 1870 bearing on the issue – were unanimous in ruling that that clause means exactly the opposite of what the Supreme Court has been claiming it means since the mid-1930s, and would render unconstitutional every one of those agencies.
The Constitution Forbids America Becoming a Police State
In other words, the founders gave us the opposite of a police state. Because you can’t have a police state where the citizenry is subject to only the bare minimum policing necessary to preserve the peace (the crimes specified in the 10 Commandments), as policed by the states alone under the Common Law, which each state inherited from the British. And that was the only real policing permitted under the Constitution of the citizenry and our businesses.
Indeed, further underlining that latter point: counterfeiting and piracy were singled out in the Constitution as permissible for federal criminal law — and they are both commercial crimes. But the Constitution made plain that those particular commercial crimes are the only ones the federal government was permitted to criminalize at all. And the federal government, in the Commerce clause, was authorized only to police the states, Commerce with Foreign Nations and with the Indian Tribes, and prevent them from interfering in cross-border business, particularly by trying to discriminate against businesses from other states, as had happened under the Articles of Confederation before the Constitution.
Politicians Have Been Subverting the Constitution To Gain Power At Our Expense
Beginning in 1887 for the first time, politicians in Washington have turned all that on its head, bit by bit, beginning with policing everything involved in the railroad business, and expanding federal control over every aspect of American businesses incrementally, particularly beginning in 1906, and continuing doing so radically throughout the 20th century.
So as of now, the federal government – and its politicians and the bureaucrats they empower for life to rule over us – has taken over/socialized/nationalized management and control of every aspect of American businesses, including all finance businesses, and even, since 1913, our money itself. It – and its politicians and the bureaucrats they empower for life to rule over us – dictate all their dealings with everyone – their suppliers, their customers, their employees – and even dictate the specifications of all their products, and how they are made, and who they can do business with and on what terms.
And in so doing, the federal government – and its politicians and the bureaucrats they empower for life to rule over us – control all the choices their customers/us, who Marxists love to call “consumers,” have and what they/we can buy from businesses – the producers of all goods and services in the nation, including all financial services.
And while virtually every instance of appropriating such control over each business was justified by the federal government’s politicians based on pretexts/claims it would “protect” customers and reduce their prices, or help employees and increase employment, exactly the opposite has always resulted, since the massive costs the businesses must bear in complying with all those regulations and requirements are passed on to customers necessarily in their pricing, or employees in reduced salaries or reduced employment – or else the businesses would simply disappear.
And every business sector that is taken over by politicians that way becomes a monopoly or oligopoly because the existing businesses at the time of the takeover become impervious to competition by any newcomers, innovation comes to a screeching halt, and the entire business becomes corrupted by its connection to the bureaucrats and politicians who rule over it. Corruption cannot occur without the government taking over a market.
And the cost of that federal bureaucratic control over all managerial decisions of all American businesses is astronomical. It includes paying the salaries and other costs of all those bureaucrats, fines they impose, the cost of complying with their dictates and, most of all, the cost of all the lawyers, lobbyists and other intermediaries between the businesses and the bureaucrats, and litigation costs which themselves are astronomical.
All those costs are borne by the customers/us – American citizens and taxpayers – even though they are hidden from them/us in the prices and taxes they/we pay, with the pretext of all those regulations etc. controlling the businesses being that it is supposed to be for “the benefit of” customers and citizens.
And in all this time, not a single one of those agencies has ever provided a single benefit to the public. They have increased costs of all products and services they police, caused every crisis their creation promised to prevent, reduced our liberty, and even killed us when they prevented us from buying products we wanted to stay alive.
The American Constitution was written in plain, simple English, plain enough for any citizen to understand, with the explicit purpose of narrowly restricting the powers of the federal government and its officeholders, so as to enshrine in law and guarantee the individual liberty of citizens.
No one, including particularly any legal priesthood (there was no organized legal “profession” at that time, although most of the founders were lawyers – no law school, license, nor Bar Association then in existence nor necessary), was ever supposed to have or had a monopoly on interpreting the Constitution. Its straightforwardness and textual simplicity were always essential ingredients for preserving the individual liberty of citizens legislated in the Constitution’s text.
And, no matter what pretext (typically, claims of “protecting” some citizens from other citizens) they may rely on, politicians’ assault on the Constitution by usurping police power is an assault on the citizens and our liberty. And on our financial prosperity too: our wealth, compared to every other country on the planet, has always been a direct result and function of our liberty: the freer we were, the faster and more innovatingly the economy grew, and the richer we became. Which is why everyone on the planet has wanted to move here if they could.
It has taken nearly 230 years of politicians, including lawyers and lawyer-judges, usurping all power over its interpretation from the citizenry in their assaults on the Constitution through legal casuistry and “cleverness” to empower federal politicians in ways forbidden by the Constitution, and to claim that lawyers and judges alone have the power and right to interpret it. Nothing could be further from the truth.
So is it too shocking to ask: Has the United States become a police state? Think of the enemies we fought and defeated in two world wars and in the Cold War – enemies we fought precisely to prevent them from imposing their America-hating, police-state dictatorships on us.
What Exactly Is It That Makes A Police State A Police State?
Some think that in a police state there is no rule of law. Although ultimately that is true (tyrannical men rule with absolute discretion and power over the people), nevertheless, in a police state, there is no shortage of laws. In Nazi Germany, Communist Cuba, China, Cambodia, North Korea, etc. and the Soviet Union, it was and has always been bureaucrats, in uniform and out, who killed, tortured and imprisoned all the tens of millions, bureaucrats always acting under duly-enacted laws, or purported laws.
Hannah Arendt was famously castigated for describing Adolph Eichmann at his trial as a dull bureaucrat – but she was correct. The Nazis’ constant self-defense that “they were only following orders,” was actually true, even though we refused to accept that as a valid legal defense.
Whenever anyone holding any public office – politicians one and all, if they wield power over others, regardless whether they were elected or appointed, or are supposedly-“independent” civil service employees, or a judge – exercises power over citizens and/or their property in violation of the Constitution, there is a simple word for that – usurpation. If they pretend to be acting on behalf of the law in so doing there is a word for that as well – hubris.
And it does not matter how many layers of “law” American politicians may have erected in efforts to obfuscate what they have been doing to circumvent the Constitution’s clear, plain requirements; nor even if they have gotten corrupt politicians on courts, including the Supreme Court, to ratify their illegal actions, and so create the false illusion of lawfulness for grotesque misconduct of that nature.
If it is forbidden by the Constitution it is an assault on the rule of law, no matter how pious and selfless the claims of “caring,” “protecting,” virtue and legal “expertise” by the public officials might be in so doing.
If unelected, subordinate public officials seek to undo the actions or legitimacy of any superior, elected public official, including the president, exercising the powers of his office authorized for him under the Constitution, there is a word for that as well – mutiny.
If they get away with any of that usurpation, hubris and/or mutiny and no politicians with the power to do so stops them and rescues the actual rule of law, there is a word for what that state has become – lawless.
Any state which has become lawless will descend into being a police state eventually because once the guardrails are off, and the law, including, most importantly, the Constitution, is flouted by politicians in office, there is nothing to stop the politicians from exercising the most extreme and tyrannical power over the people – and over their political opponents, banana republic style.
And the more citizen-policing power lawless politicians seize, always at the people’s expense, in a zero-sum proposition, the more power they demand. And, in that lawless environment, only the most ruthless, sociopathic politicians will prevail because they will hold back nothing in their quest for personal power. There is then simply nothing left to prevent the race to the bottom – unless the people demand the reinstatement of the real rule of real law and throw off the lawless usurpers and their unconstitutional “laws,” which politicians/unelected bureaucrats are simply using as an armament against the people to impose a rule of lawyers, not law, in gross violation of the Constitution.
Everyone In the Government, And Many Others In Washington, Is a Self-Serving Politician
Only when playing games for their mutual amusement do friends seek total victory over their friends. And whatever you may think of him, anyone who is seeking total victory over you in real life is simply not your friend. He is seeking power over you – power to force you to yield to his will. Or worse. Possibly vastly worse, including to destroy your life and you.
Books have been written, in the context of military strategy, on methods of defeating an enemy. Throughout history, some of the greatest military victories have been achieved through the use of deceiving/tricking the enemy in some manner. Think: Ulysses’ idea for the Trojan horse. That particular example involved the Greeks deceiving the Trojans about both the strength of the forces they intended to bring to bear after 10 years of war, and their intentions – pretending generously to bestow a great gift while concealing the treachery inside it.
Behind all its warm, fuzzy, do-gooder claims, political power is the power of the people who have it (in the name of some supposedly saintly and brilliant government) to force control over others by imposing or threatening to impose legally-authorized violence/harm of some kind against them. It is the power to force conduct – and even speech – from others through fear.
Politicians are people who actively seek out that kind of power over their fellow citizens. However public-spirited his claimed intentions may be, the idea that any politician is some angelically-selfless “public servant” engaged in some self-sacrifice in his political career is one of the great frauds politicians (and their friends in schools and the media) themselves have been promoting since they first appeared on the scene. No one forces them to run for office, whether by election or appointment.
With these thoughts in mind, consider: what is a politician other than someone who seeks the defeat of both (1) his opponents/rivals for public office, office which, in turn, gives him the ability to exercise whatever power the office bestows on him, and (2) other citizens, who he claims to serve, and/or their money/property he can rule over from his office?
In one respect politicians are exactly like everyone else: they always serve their own interests first and foremost, with only the very best few of them genuinely seeking also to promote the freedom and prosperity of the people they have power over. Sadly, since the power they obtain through office is state power, which is greatest when the freedom of the people is the least, the most ambitious among them actively seek to restrict both the freedom and prosperity of the citizens they are claiming to serve, so as to maximize their own power, usually hiding that that is what they are doing.
Because truly prosperous citizens don’t need any handouts from them, and the freer the citizens, the less the power of the public officials. It is always a zero-sum game, a genuine class struggle, between the state and its politicians’ power versus the citizenry. Politicians hide and obfuscate their legislative and regulatory and judicial power grabs by calling them “protections” and “corrections” or “reforms” of supposed “unfairness” or “market failures” (failures which never happen unless a market has already been taken over and corrupted by politicians). But their “solutions” – always more power for bureaucrats – never solve any real problems, and create huge new ones. Always.
Donald Trump Alone In Washington Today Is Not a Politician
Today, literally everyone in Washington, inside and outside the government – elected and unelected, even the aides on politicians’ staffs, the lobbyists and their firms and even the law firms in the city, the most powerful members of which are often former senators and congressmen – is a politician, or a would-be political crony. Everyone, that is, except one man and his family – Donald Trump.
It is a basic fact of life that everyone has his own views and his own interests, views and interests which inevitably affect all his actions, even if he has taken an oath to disregard them in exercising his office’s powers.
If anyone seriously doubts this proposition, all you need do is consider the actions of the Justices on the highest court in the nation, the U.S. Supreme Court. There they are, the crème de la crème of the legal profession, the judges of all other judges, each selected and approved with such care and attention to detail by the nation’s most exalted elected officials, the president and the Senate. Becoming a mere clerk to one of them is the most exalted aspiration of every law student who, when among the minuscule few who are so selected, becomes the envy of their entire profession for the rest of his career.
Unlike elected public officials, judges are supposedly not politicians at all – that is what EVERYONE claims constantly – and are sworn to be impartial and absolutely even-handed and, in particular, oblivious to political considerations in all their decisions. Does any rational person observing the actions of the U.S. Supreme Court Justices seriously think each of those judges doesn’t have a personal agenda – their own, personal view of political questions and the Constitution itself as relevant to any case that comes before them, and sometimes even preferences among the parties in the cases before them – which dictates how they rule in each case?
Just use common sense: here are these supposedly brilliant, learned virtual saints, each deciding identical cases, one at a time, based on identical briefs before each of them, who somehow come to completely different conclusions on all constitutional cases, conclusions which, for each Justice, can typically be predicted by any careful observer of the court (except for justices Kennedy and Roberts who, also obviously deciding cases based on their own personal views, are not always predictable).
Because of the nature of what they do, and because of how hard-fought every case that comes before them is, and how enormous its impact throughout the citizenry, everyone on the losing side of every case they decide feels aggrieved and unhappy with the outcome, so that the effect of their rulings is that they, the Justices, impose their power and will, subject to no review whatsoever, on everyone harmed by their rulings. That is precisely what the exercise of political power in political office is.
So I ask you: do you seriously doubt the fact that everyone on the Supreme Court, and all judges throughout the nation, are politicians, using their offices to wield power over other citizens?
No one doubts that any president (other than Trump) and everyone in Congress is a politician. What about all those bureaucrats who work for the federal government, in all those alphabet agencies and cabinet departments? They are the faceless, nameless, unelected bureaucrats, so-called “career civil servants” who elected officials (and unions) have privileged with being practically impossible to fire, whose agencies write laws, contrary to the procedures specified in Article I of the Constitution, laws which are enforceable by penalties, fines and even jail time, and impose all that on the citizens of this nation, supposedly to “protect” us.
As in any case that comes before the Supreme Court, it is obvious that they can only help one person by harming another, so that one citizen’s “protection” is another citizen’s harm, including catastrophic destruction of his property, finances and freedom – which every one of those bureaucracies and bureaucrats have been given the power to do by other politicians, in blatant violation of multiple provisions in the Constitution, and which they threaten virtually everyone who come before them with like the tyrants they actually are, while masquerading as public servants.
Does anybody seriously think those bureaucrats are more selfless than the exalted Justices of the Supreme Court?
Do We Have a Constitution, As Everyone Has Believed — Or Not ?
It is a fact, as mentioned above: we either have a Constitution – or we don’t. Our Constitution states explicitly that it is The “Supreme Law of the Land,” meaning anything any public official does which violates it is a legal nullity. The Constitution has very specific procedures for making any changes to it right in it – in its Article V. Those procedures do not include actions by any of the three branches of government – executive, legislative and judicial – nor any officer of them, even when all three branches and all elected officials agree, and even if public opinion polls support what they are doing at the time.
The Constitution, as written, has everything in it which a free people require as the fundamental law, on which everything else rests, establishing and dictating the terms of a government carefully limited so as to have sufficient power to protect the people from genuine enemies of the state, and so provide for their safety, and to prevent it from turning into a tyranny.
The power of the people to change it – or not to do so – is a major part of protecting the people from tyrannical politicians attempting to usurp power. Either the Constitutional provisions for making any such change are followed, or any change is inherently invalid – an unconstitutional abomination.
How Is the Constitution Enforced?
The Constitution is, however, missing one thing: a procedure to undo violations of it when politicians conspire to commit them in violation of their oaths of office to protect it. Although the Supreme Court has long pretended that it alone is the protector of the Constitution, in reality, the Constitution ultimately depends on the decency and wisdom of American citizens, including any public officials, to recognize such violations when they occur and to prevent them. Or the willingness and courage to undo them whenever they are recognized to have happened, no matter how cherished those violations may have become to politicians or many others.
Quite simply, under its Article V, changing the Constitution is not up to any officials of the government at all – the president, Congress, or judges – although they can initiate the process. The whole purpose of the Constitution is to constrain their actions and limit what they may do legally very narrowly.
The truth is, Washington politicians have been radically violating the Constitution since 1887 at the latest, with increasing violations having massive effects on the nation beginning in 1906.
The whole point of the Constitution is to police politicians’ actions. But how is it enforced? By its terms, it is self-enforcing, meaning that if the politicians, who are obligated to conform to it and take oaths to do so when they take office, nevertheless violate it, anyone can point out the violation and demand it be rectified.
Nothing in the Constitution requires that it be enforced only by the politicians it is intended to constrain, politicians who have every interest in violating it from the day they take office. Because violating it is the only way they can acquire any power to dictate to the citizens about anything.
The whole point of the Constitution is to prevent them ever acquiring that power. That is why Progressives/collectivists hate it, as Woodrow Wilson made abundantly clear in his academic writings before running for governor of New Jersey.
He, like all collectivists wanted the government to have the power to micromanage everyone’s life, setting up “independent” policing agencies manned by “experts” to dictate to all businesses every detail of their business. And those businesses happen to be the creators and providers of all goods and services we the people want to buy (if we don’t want what they’re selling they go out of business).
Over the years since 1887, Washington politicians have indeed created an even more massive federal government than Woodrow Wilson hoped for, exercising policing powers over the citizenry and our land and businesses beyond his wildest dreams. On occasion, the Constitution has had amendments added to it.Those amendments included the later repealed 18th, which permitted federal politicians to ban and criminalize the entire alcohol business, and the 16th Amendment, which permitted the imposition of an income tax.
However, none of those amendments legitimize any of the other increases in power over the citizenry of the federal government, power exercised through many hundreds of “administrative” agencies, each of which, in grotesque violation of the Constitution, exercise all combined powers of government – legislative, executive and judicial – with their claimed “independence” heralded as a virtue by politicians who have imposed them on us.
When they talk about “independent” agencies and “non-partisan” civil servants, they are simply pretending that those bureaucracies act on our behalf exclusively, with selfless judgment and omniscient wisdom beyond that of mere citizens, or of the actually-elected politicians who authorize them, and are indifferent to promoting their own interests – that of the bureaucrats and of the bureaucracies they are in.
In reality, nothing could be further from the truth, and expecting such selfless virtue and brilliance in bureaucracies violates all experience of anyone who has ever had to deal with a bureaucracy. It is their own interest that they serve exclusively, and their “independence” simply results in them having no genuine oversight whatsoever from actual elected officials. Instead, politicians have invented the charade of “Inspector Generals,” who are simply other bureaucrats in the agency itself, answering to no one elected, pretending to police them – foxes guarding the hen houses, one and all.
Since Pres. Kennedy signed an executive order permitting it for the first time, practically all these government employees have been in one or another union, which is nothing but a lobbying organization since it negotiates with Congress for money and other privileges for the employees. Over the years, Congress has granted them privileges and powers unknown to employees in private businesses, including almost absolute job security, even if they are utterly incompetent and worthless at their job, pensions, and virtually unreviewable power over the citizens involuntarily forced under their thumb.
In other words, rather than being, as they pretend to be, public “servants,” they are actually an entitled class in a position of authority over other Americans – effectively a nobility with guaranteed sinecures for life – notwithstanding that the Constitution expressly forbids any such privilege to any American.
And the courts have ruled that those agencies and their bureaucrats have complete discretion to do whatever they want, including expanding their own jurisdiction and even writing laws – laws which violate the explicit requirements of Article I of the Constitution.
During the Trump Administration we are witnessing the spectacle of that unelected bureaucracy and its bureaucrats blatantly displaying the arrogance of their presumption that they even have the power to police and destroy the highest elected official in the country himself – the President himself – who, under the Constitution, is the sole member of the Executive branch who has any executive power whatsoever, and who, accordingly, those bureaucrats are duty-bound to obey in all respects.
Indeed, their purported angelic ”Independence” is itself an insult to the Constitution, since they are all subordinate, unelected employees of the Executive branch. None of their offices are even mentioned in the Constitution as having any power whatsoever. Indeed, the Constitution forbids the creation of virtually all of their offices in the bureaucracies which they are part of – other than, arguably, the IRS, since the income tax was authorized by an actual amendment to the Constitution and someone has to collect it.
What Is a Police State?
The essence of a police state is that each person (they aren’t citizens anymore, if they ever were) in it has no freedom to do or even think as he likes, and absolute conformity to the demands of the state regarding everything, no matter how personal, is rigidly enforced through multiple policing methods, with all non-conformity ruthlessly punished. Additionally, entire segments of the population, by virtue of their lineage (e.g. Jews and Gypsies in Nazi Germany), political views, religion, or even just simple refusal or inability to conform to any of the endless demands of the state/collective, are targeted by the state for complete elimination by one method or another – death, torture and/or imprisonment, professional/financial ruin, complete ostracism — depending on what methods the particular tyrants who run the state choose to silence them completely.
The French revolutionaries had the guillotine and, eventually, Napoleon’s army with its artillery to silence all opposition, both in France and the rest of the world, all of which they wanted subjected to their totalitarian revolution. Hitler and all the communist dictators – Stalin, Lenin, Mao, Castro, etc. – had and have still multiple methods of murder, torture and imprisonment under unspeakable conditions. No one claims those are the methods of America’s rulers.
But when it comes to eliminating all personal freedom under complete control by the masters of the state (they are always people using their official positions to impose their will on others) the particular method deployed is simply a detail. The end result is always the same: every nonconformist is silenced, and terror rules every individual’s conduct: even the loyalists live in fear knowing the catastrophe which awaits them if they deviate from the collective norms (“political correctness”) in any manner.
And, amazingly, the rulers actually use that terror they themselves inspire in the people they control completely to further corral their loyalty through the violent emotions of hatred and fear, always blaming the need for the terror on particular, identified enemies of the state who threaten the collectivist norms, and constantly fanning hatred (most obviously, with constant, gratuitous accusations of racism, sexism, homophobia, etc.) and the need for the domestic terror itself against those enemies: that hatred and fear are the very engines which power the dictatorship.
And in all collectivist dictatorships (all dictatorships are collectivist because their very essence is to deny the value of any individual compared to the ideologically-committed group/collective everyone serves) some people are always much more equal than everyone else: laws, including criminal laws, apply differently, if at all, to different people, depending on where they fit in, if at all, in the dictatorship: ruling officeholders are effectively bound by no law and can do whatever they want in any circumstance, without regard to even brutal laws that apply to others. Jews in Nazi Germany were subject to laws that only applied to them. Anyone who a communist dictatorship thinks opposes them in any manner is silenced completely.
Those who accept everything about the collective, and whom it embraces, are often immune from prosecution – so long as even they continue to conform with the collective’s essential ideological/quasi-religious demands and requirements – and if exonerating them serves the political interests of the collective. And that immunity may continue even in the face of blatant violations by them of laws (in America under bureaucrats loyal to Obama: the Clintons?).
Those whose lineage, religion, political views, or some other feature, depending on the collective’s particular hatreds, do not conform in any way to the demands of the collective, have completely different laws imposed on them, with no immunity from them whatsoever.
Collectivists radically force conformity both within the collective and outside it. They never take no for an answer, because dissent is simply not tolerated by them. The Collective forces complete conformity of belief with the totalitarian zeal of the most intolerant, supremacist religion, which is precisely what it is (with no God needed, nor, for most, wanted at all).
The Democratic Party, Captured Long Ago by Progressivism/Collectivism, Imposes Absolute Conformity Wherever It Can
Once a political party is dominated by collectivists, it is certain to force complete conformity within the party and to purge any party members who refuse to conform, even if only on minor details. Externally, it no longer is willing to tolerate any other political party and insists on what amounts to a one-party state. No means for enforcement by it of that one-party state is considered beyond the pale because the ultimate moral imperative is to preserve the collective and promote its interests at all costs. In the service of the collective, what would otherwise be considered evil becomes virtue.
Because the collective tirelessly imposes its will wherever it is able to muster the raw power to do so, it relies on informal – peer pressure, professional ostracism threats, business boycotts, both of and by collective-captured businesses, grades for students, anonymous threats of all kinds – as well as formal/legal enforcement methods. In America, it has become undeniable that the Democratic Party has been completely dominated by radical collectivism for some time, most visibly since the 2008 election when its avowed Marxist-Leninist champion Obama (yes, his own “autobiographies,” together with his policies, most obviously in his promotion of Marxism/Castroism in Cuba and throughout Latin America, confirm that fact) was elected president.
In office, Obama unapologetically weaponized against all he perceived as political opponents/enemies all of the nastiest police powers of the state bureaucracies, without regard to law, ethics, or morals, with that weaponization most obvious and outrageous (Watergate on steroids) during the 2016 campaign when he used all the instruments whose loyalty he could force within the bureaucracies to eavesdrop on and attempt to destroy the campaign of Donald Trump, beginning even before he obtained the nomination of the Republican Party. Enough facts have emerged publicly to make this not rationally disputable.
In America, the collective has permeated society massively, a presence whose entire purpose is to oppose our Constitution and the individual liberty demanded in our own Revolution, with the collective constituting an aggressive, counterrevolution, as I have shown in detail in “FREEDOM’S LAST STAND.” Although political officials promoting the interests of the collective may have been elected from time to time, as occurred when Obama won the White House, the completely unconstitutional (as I show in that book) administrative state that politicians have manufactured in the federal government over the years permits unelected bureaucrats to continue in power regardless of who the people elect.
The Legal Profession And Mass Media (Who Possess the Biggest Megaphone) And Entertainers of All Kinds Promote Their Status and Control Over Others by Demanding Loyalty to Them And the Collective Wherever They Can
Those politicians and bureaucrats, and the self-governing legal profession as a whole itself, which has appropriated ownership over all the laws and their administration that have come to rule us due to the successes of the Counterrevolution, are the power-wielding masters of the collective here, subject to few nominal, and no actual, limitations in their conduct towards whoever they have power over.
As recent, highly publicized, examples of the oppression by that Counterrevolution, a Counterrevolution to which the Democratic Party, together with virtually all mass entertainment and media and the journalism profession itself, have committed themselves, consider the treatment of Tea Party and other opponents of Obama under the Obama administration; and, amazingly, with almost no opposition from elected Republicans, toward Pres. Trump and his active supporters, throughout his presidential campaign and even during his own administration, who have been subjected to gratuitous, evidence-free accusations of what amounts to treason with Russia, triggering limitless “investigation”/oppression by a purported “special counsel.”
No actual evidence supports any claim for any legitimacy in even initiating that “investigation:” all there has ever been to trigger it is the Steele ”dossier,” which was first deployed by the Obama administration, when it had the audacity to pretend, knowing the truth of its provenance, that that completely bogus, utterly baseless, Clinton campaign-manufactured document was in fact actual “evidence” in a FISA court to trigger massive surveillance of Carter Page and, in turn, the Trump campaign and, later the Trump administration itself.
The Two Parts of Policing – Investigations and Executions
Apart from the shocking, extreme physical cruelty police states are famous for, there are two things involved in a state imposing collectivist norms (which all police states do) which preclude individual liberty of thought or action, those being the two functions of policing of any kind – investigations and condemnations/executions, with the most extreme consequences forced by the rulers on those who refuse the collectivist demands or requirements (In Nazi Germany, Jews and Gypsies were condemned for who they were, no matter what they thought of anything) for absolute conformity.
The various forms of condemnation/punishment executions obviously are punishment. But so are “mere,” bureaucrat/prosecutor-directed investigations: They all by themselves, even if no condemnation ultimately ensues, are a monstrous assault on an individual’s privacy, property, time, attention and finances. Consider what happens: People who the investigation’s target has not chosen at all, who he may despise, who he would not want to know anything about him at all, take it upon themselves without his permission to snoop into all his affairs, and possibly those of his friends and family. And they can do so endlessly, a torment the entire time – a psychological rape. The worst IRS audit is a delight in comparison.
And, in America, federal investigations are fabulously expensive for the target, while costing the government functionaries who lord over him, imposing their power on him in a continuing act of bullying, absolutely nothing – even if they are later proven to have deliberately harmed him, requiring compensation (paid by taxpayers), but never by them. The target’s innocence is irrelevant. His exoneration, if it occurs at all, a Pyrrhic victory at best. The process is the damage and the punishment all by itself.
And the entire process includes the threat of complete ruin at the hands of unprincipled, arrogant bureaucrat prosecutors who care only for using the power of their offices to promote their careers by accumulating citizens’ scalps, with unlimited budgets and the power to manipulate evidence in numerous ways so as to be able to “prove” completely false allegations to obtain convictions of “crimes” that mostly should not be against the law at all in the first place.
And if the government bullies conducting the investigation choose to publicize it, as they often do, the target is humiliated publicly, and may suffer many other adverse consequences, including getting fired from many jobs.
Policing by the Bureaucracy And Its Functionaries
Even though we vote and elect all our supposedly most powerful political office holders, because of the way politicians have, through multiple layers of laws, over many decades, empowered unelected, unknown bureaucrats, our elected officials often have little or no say over the actual policing of citizens, including the criminalization by those bureaucrats of otherwise lawful actions by citizens, and even empowering the bureaucrats to investigate all the details of any citizen’s life – and that of people he knows even – endlessly, force him into court as a criminal defendant, punish, and even ruin the lives, of citizens, all based on mere allegations by the bureaucrats that the citizen violated any one or more of those countless, mostly-unknown, bureaucrat-manufactured “crimes,” virtually all of which violate no actual moral dictum and harm no one else.
In America today, the sheer number of criminal laws manufactured by the bureaucrats results in honest citizens violating one or another of them constantly, without even knowing it, giving those bureaucrats the power, in their complete discretion, to decide which citizens to persecute and punish for very technical violations. Because the virtually-secret criminal laws are so numerous that it would be impossible to punish every violator.
That very power to selectively impose draconian laws, including endless, intrusive investigations, on the citizens they choose to target – or to withhold prosecuting those they choose to favor, for any reason at all, including political reasons – is what gives those bureaucrats absolute power over the citizenry, and destroys actual rule of law and replaces it with rule by them.
And, as mentioned above, it is the citizens who are targeted alone who have to pay often massive legal expenses to protect themselves from the bureaucrats’ assault, with the bureaucrats themselves never paying a dime out of their own funds (the taxpayers pick up their whole tab with no voice in whether it should be incurred at all).
Indeed, some of the most ruthless, self-serving bureaucrats, including Robert Mueller in particular, have actually risen in their bureaucratic career precisely by being unethical, ruthless and stretching the law and even the facts, and viciously harassing and prosecuting what turned out to be completely innocent citizens. Mueller, in particular has done so on multiple occasions, with us taxpayers ending up paying those victims tens of millions of dollars, and Robert Mueller himself paying them nothing — and simply being promoted in his bureaucratic career! He in particular, along with many other bureaucrats, has knowingly prosecuted men he knew to be innocent just to get scalps and so improve his standing in the bureaucracy and in the legal community – and it has worked (for him)! And other bureaucrats noticed and saw how to succeed.
As but one example among many, in a case involving multiple men in Boston, one of whom died in prison, thanks to him, he deliberately withheld evidence that would have cleared them completely, and his misconduct was so egregious taxpayers had to pay $100 million in damages, and all those men’s lives were ruined by decades in prison undeservedly. And that’s just an instance that has been widely publicized. And what price did he pay for that? Absolutely zero. He got to be Director of the FBI and has been celebrated endlessly in Washington as a man of supposedly impeccable, selfless virtue. Gag me with a spoon.
But it gets worse for citizens than I have even indicated – and this description of the tyranny in this country of the bureaucrats barely scratches the surface of the malignancy – and that is precisely what it is, since the self-serving bureaucracies and bureaucrats are empowered literally to prey like cancer on the American citizenry and all its most productive members.
All Federal Investigations Are Hell To Their Targets, Families and Friends
When the bureaucrats – and that includes everyone in the Justice Department, including the lawyers and the FBI, and all the other alphabet agencies – target a citizen for investigation, all the rules politicians have created for that process are so tilted against the citizen that he literally doesn’t have a chance – even if he survives the cruelty and abuse of the investigation process itself.
Specifically, the bureaucrats are allowed to lie to him to trick him into doing anything they want with impunity, but if he speaks to them and makes any “false statement” he potentially has committed a felony, even though he was never under oath (hello, Martha Stewart).
Additionally if he speaks to any potential witness against him, they can charge him with another felony – witness tampering, and even obstruction of justice – while the bureaucrats can manipulate any witness they want by telling him anything, including lies, and threatening to destroy not just him, but also others in his family if he does not testify against whoever their target is. And they demand whatever testimony they want from him without regard to its truth.
They are allowed to manipulate anyone they want to use as a witness any way they want and make whatever threats they want to him with impunity – a license to commit the most egregious kind of witness tampering. This has been fully documented by a former Justice Department attorney, Sidney Powell, in her book Licensed to Lie.
The result of all this is that the unelected “investigators” literally become judge, jury and executioner to anyone they target, and they have an endless supply of criminal laws they can use against anyone, with perfectly innocent behavior turned into felonies by those laws. And they feel free to write even more if they want if there isn’t enough to nail the object of their brutality. And even though all of that abuse of anything resembling due process is considered perfectly legal in America now when committed by the bureaucrats, they often even go beyond that and withhold exonerating evidence (as Mueller did in the case in Boston and no doubt in other cases), and even present false “evidence” in court to get a warrant, as was done during the campaign against Carter Page, and the Trump campaign itself, by bureaucrats of the Obama administration, or a conviction.
And even when proven to have done the worst of that, what is the consequence to the bureaucrats? At worst a slap on the wrist if they are low down the totem pole, and a promotion and adulation if they are at the top of it. All of this happened in the case of the prosecution of Sen. Stevens of Alaska by lawyers Mueller selected for his team precisely because of their misconduct in that case and many others.
Sen. Stephens was convicted, resulting in his election defeat, based on testimony those prosecutors forced a witness to give which was perjurious, as they knew, and their withholding of evidence that would have completely exonerated Sen. Stephens. His conviction was later thrown out after proof of the prosecutors’ misconduct; but those unelected bureaucrat prosecutors not only did not lose their law licenses, let alone go to jail for witness tampering, suborning perjury, lying to a court, etc., their egregious misconduct resulted in a changed election outcome for the Senate — and professional celebrity and promotions for them!
Thus, those bureaucrat-created procedural and substantive laws I am merely summarizing institutionalize a tyranny’s most hideous, structural feature — the discretionary power of unelected bureaucrats to control any citizen’s actions, and anything else they choose to control, through the use of the threat of violence to their persons or property.
Those bureaucracies hold all the three powers our founders are known by everyone to have intended in our Constitution to separate among three branches of government – the executive, legislative, and the judicial. Indeed, as James Madison, principal author of the Constitution, wrote in Federalist #47,
“The accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny. Were the federal constitution therefore really chargeable with this accumulation of power or with a mixture of powers having a dangerous tendency to such an accumulation, no further arguments would be necessary to inspire a universal reprobation of the system.”
Over more than a century, in direct violation of multiple Constitutional provisions, each of those federal administrative bureaucracies/agencies have been granted, by politicians in the three branches of government that are actually elected or appointed and Constitutionally-lawful, all three of those powers – a delegation of power permitted those actual branches nowhere in the Constitution.
Under the Constitution, the judiciary alone, through judicial procedures, are permitted to impose civil or criminal policing orders or judgments of any kind, including punishments of any kind, on citizens. Nothing in the Constitution grants the executive or the legislative branches any power to do that to any citizen or his property without “due process of law,” meaning, since Magna Carta in the 13th Century, resulting only from judicial procedures conforming to those of the common law. Yet all those unlawful bureaucracies punish and order citizens around every day.
And, under Article I of the Constitution, the entire — “All” — legislative power is vested in the Congress, with no power granted it to delegate it to anyone, especially executive branch bureaucrats, or judges, since any such delegation would completely destroy the separation of powers mandated as a fundamental feature of the Constitution. The lawful exercise, even by Congress, of its legislative power, requires following very specific procedures, so that nothing becomes actual law if those procedures are not followed. Yet all those agencies write laws and criminalize harmless citizen conduct every day.
A police state is one in which public officials have the power, unilaterally, to create laws, to impose judgments destructive to the person and property of citizens (according to their laws), and to engage in unlimited investigations of the citizenry. It is those combined powers to investigate gratuitously and punish gratuitously that make a state a police state – and which the founders made every effort to forbid ever occurring here in our Constitution.
And it is those powers of legislating, ordering and policing conduct, investigating and punishing which politicians have purported to bestow on every single one of the untold hundreds of alphabet agencies which police Americans and our businesses with virtually unlimited power to do so.
As noted above, the Constitution is explicit that the federal government is only permitted to prosecute the few, named crimes specified in the Constitution itself – treason, piracy on the high seas and counterfeiting. And nothing in the Constitution grants the federal government any power to investigate any citizen in any manner except to enforce those specific, named crimes.
However, as noted above, each of those agencies federal politicians have created purport to write their own laws (euphemized as “regulations”), in direct violation of everything in Article I of the Constitution which specifies who can even write laws (elected Senators and Congressmen alone) and very specific procedures they must follow for any law to be valid as law. None of those so-called “regulations” satisfy the requirements of Article I in any respect, and claiming they have the force of law is a grotesque insult to the Constitution and to the citizenry it is written to protect from such tyranny.
As monstrous as it may seem, not only are those regulations/laws clearly unconstitutional, both substantively and procedurally, they purport to criminalize – that is to make subject to criminal prosecution and punishment – virtually any violation of any of them.
As a result, the number of crimes purportedly punishable now by the federal government has reached numbers which are literally incalculable, criminalizing virtually anything anyone does in virtually any sphere of life, particularly engaging in normal business activities, because all businesses have been subjected to multiple federal agencies’ control, with those agencies each empowered to issue laws and punishment virtually without limitation, literally subject solely to the “discretion” of the agency functionaries themselves.
Indeed, purported federal criminal violations of regulations are now so numerous that no one has any idea how many of them are and it would be physically impossible for them all to be enforced. That fact results in the greatest police state tyranny of all: people holding office as purported federal prosecutors – virtually everyone employed in the Justice Department – can prosecute anyone they want for anything and must necessarily be selective in all their prosecutions, because it would be a physical impossibility to prosecute all violations of all those purported crimes.
Because those officers all have political opinions, just like everyone else, and because bureaucracies exist primarily to promote their own interests and the interests of the bureaucrats who comprise them, it is in their interest to promote politicians of the only party in America dedicated to the proliferation of federal bureaucracies – the Democratic Party.
Thus it is no accident that what has been emerging is two completely sets of laws when it comes to enforcing federal criminal laws by the Justice Department – one set of laws for Democrats, and a completely different set for Republicans, with particular attention to Pres. Trump who they despise more than any other Republican because of his stated dedication to representing the people and eviscerating the federal administrative state.
The Federal Bureaucracies And the Politicians Who Empower Them Have Been Shredding Our Constitution And All Real Rule Of Law
The consequence is that there are now so many federal crimes – or rather, purported ones, since they are almost all unconstitutional – that any federal official purporting to be a prosecutor can literally prosecute any citizen for anything and, if he is aggressive in seeking to harm anyone through the use of purported federal criminal law, he can literally destroy the life of anyone without even charging him, simply by engaging in endless investigation in violation of his privacy, his property and his sanity. That type of investigation is precisely what Constitutional Amendments 4, 5, and 6 were written and intended to preclude. And yet unelected federal bureaucrats do it every day.
And they have been doing it to Pres. Trump and everyone who assisted him in becoming president relentlessly and viciously since before he won the election, and with a particular vengeance afterwards, including while he is in office presiding over the very executive department that all of those prosecutors are functionaries of.
Many countries have laws they call “ constitutions.” No other country has one like ours. Ours is explicit in the role it is to play – its legal nature and effect. It is not, as some have pretended it is, some abstract statement of principles which can be ignored by politicians. Nor is it, as cynical, Constitution-hating lawyers have been claiming since Woodrow Wilson, a supposedly “living” document which judges are free to say means whatever they want it to say, even in the face of its plain language. Our law schools have been propagandizing law students to believe that nonsense for decades – because it unconstitutionally promotes the power of the courts and the legal profession over the rest of the country.
The Constitution is, rather, a clearly-written document whose text constitutes, as it explicitly provides, “the supreme law of the land.” Additionally, as mentioned above, the Constitution has an entire provision – its Article V – which describes in great detail procedures which must be followed in order for any provision of the Constitution to be altered. It would be a violation of that Article and the Constitution’s explicit “supremacy” clause for anyone to pretend that he had successfully altered the Constitution in any manner as a result of attempting to do so by violating it, and claiming he had achieved that amendment as a matter of “precedent.”
“Precedent” is not one of the methods for altering the Constitution prescribed in its Article V. As noted above, if the precedent of violating the Constitution achieved such amendment, the Constitution would be a legal nullity – and effectively an invitation for its violation since the violation itself would become its own constitution-amending reward. Talk about a load of crap. Yet politicians, including Supreme Court Justices, in both American political parties, and all American law schools have been pretending that is the case to promote their own power for over 100 years.
Repeated violations of the Constitution are also not a method for amending it; nor are actions by all three branches of the federal government combined sufficient. Actions by the three branches in violation of the Constitution are a violation every time they occur – and always legal nullities under the Constitution until it is amended pursuant to its own terms.
Again, we either have a written Constitution – or we don’t. And to the extent its text has been violated, the only Constitutional solution to that violation is to undo all the violations. Completely.
Although, as I have shown in my book, and I will briefly describe here the violations of the Constitution by politicians in Washington in all three branches have been so extensive, undoing them now will seem like a revolution, it will simply be reinstating the victory achieved in our real American Revolution fought by the founders against the greatest superpower of the day, when they created a nation here unlike any other, with a founding, written document – the Constitution – dedicated to securing individual liberty for all American citizens and all their property from government oppression of any kind, which resulted in Americans achieving the greatest prosperity of any nation precisely because of that individual liberty and the Constitution that secured it.
Under the Constitution, The President Alone Has All Executive Power
Everyone agrees that no public official is above the law, and that all public officials are subservient to it, that fact being an essential bulwark of the institutionalization of individual liberty in our Constitution. But no law is above the Constitution and all laws and politicians in America must obey its dictates, which are clear and explicit and were intended to be so, so that no priesthood of lawyers would ever be necessary to interpret and impose it on the people like some elite ruling class – an idea the Supreme Court and legal profession have been pretending and promoting for decades.
Article II of the Constitution vests the entire executive power in the president and the president alone. Accordingly, any officials subordinate to him – for subordinates to him they all are – in the Executive branch derive whatever powers of office they have exclusively from those which he chooses to grant them. Nothing in the Constitution gives Congress the power to alter that relationship between the president and executive branch employees/officers. Congress has no executive power it can delegate, nor any power to direct any Executive branch employee in any manner, other than its impeachment power.
The Federalist #70 explicitly shows that the Constitution means exactly what it says in demanding a unitary executive by granting all executive power to the President alone, and why that is necessary to preserve the liberty and power of the people.
There are multiple reasons for this unitary executive branch power in the president. Most importantly, he is the only one in the branch elected by the people. His power derives from his election. If anyone in his Executive branch acts independently, let alone in opposition to, the president’s policies, they are literally thwarting the will of the people since no such other employee was elected by anyone.
Thus, the executive cannot be effective to serve the people unless the people’s president has the power to dictate unilaterally all policies carried out by the executive in every respect.
That includes any prosecutions for any crimes – noting again that their are very few of them – with the Constitution explicitly giving the president unlimited power to pardon anyone from any criminal prosecution at any point. Nothing was more important to the founders in preventing the abuse of the police powers of the state, than granting the president complete authority over all prosecutions at any stage to prevent all tyranny in that regard, including any miscarriages of justice of any kind – in his judgment, as the People’s Tribune alone. Thus, the notion, widely promoted by the Justice Department and mass media since the Nixon administration, in a blatant effort to diminish the power of the president, that the president can “obstruct” justice and be subject to investigation or prosecution for such is obvious nonsense.
And nothing in the Constitution gives Congress the power to delegate any of its powers, let alone to create new branches of government not authorized in the Constitution, with power supposedly independent of the actually elected branches – which each of those federal agencies are, or pretend to be.
The Constitution gives and permits no independent power whatsoever to any executive department or agency. It is the president’s volition alone that permits any of them to exercise any power over anyone. There was no Justice Department, nor any of its agencies, such as the FBI, until that department was created in 1870 for the first time to enforce the most brutal Reconstruction laws against the defeated South – the first time since the nation’s founding that there were more than a very few federal criminal laws to be enforced at all, with all such additional crimes authorized in the Civil War Amendments 13, 14 and 15 to the Constitution.
The Justice Department is mentioned nowhere in the Constitution and, accordingly, all its actions must be subordinate to the dictates of that document and the one official empowered to preside over it – the president.
The Justice [Sic] Department Is the Tip of the Spear Of Unconstitutional Tyranny.
That is true of all executive agencies and employees, all of which exercise police powers over the citizens. But the Department of Justice requires particular attention in this regard because, besides being the tip of the spear for the most brutal investigations and prosecutions conducted by the federal bureaucracy, it has been attempting to usurp power over the president himself ever since the Nixon administration when it effectively deposed that president, together with the capitulation of a number of Republican senators who chose to threaten him with impeachment conviction.
And the efforts of the so-called Justice Department in this regard illustrate the most hideous, anti-Constitutional and tyrannical feature of all the federal bureaucracies — that claim to be “independent.” They and their fellow Collectivist cheerleaders trumpet that claim as a badge of supposed virtue and saintliness, and elected politicians in the Congress promote that claim for them and have even produced legislation designed to permit them to operate with no supervision from anyone actually elected by the people, so that in a system of three branches which is supposed to depend on all public officials being subject to checks and balances, those “independent” agencies are effectively a fourth, unconstitutional, branch, and have no check on them whatsoever.
The effect of that is to grant them more power than politicians actually elected by the people, and to permit them to threaten politicians who are so elected to achieve control over those politicians. Query: Is that the reason senators and congressmen are always so deferential to the federal bureaucracies? None of those bureaucracies have ever been repealed, even when it has long been transparent that they are not only unconstitutional and worthless but manifestly destructive to the people of the nation.
The so-called Justice Department claims, as part of its right to investigate anyone it wants, including the president, just as it would any other citizen target, that no one is above the rule of law – meaning that they are the law and the president is subordinate to them.
This outrageous notion has been promoted by the media in numerous ways, celebrating the so-called Saturday night massacre in which Pres. Nixon exercised his Constitutional powers and demanded the firing of a special counsel who, like all of them, abused his position grotesquely, whatever President Nixon’s failings (and I utterly detested him and was then happy to see him resign, and still consider him one of the worst presidents in history – no small achievement that).
The idea, actively promoted by the Justice Department, that unelected bureaucrats can force a president to do their bidding and become immune from being fired simply by beginning an investigation of him which, as shown above, never a fair process under any circumstance, is an insult to the Constitution in which the president alone is granted all executive power and his subordinates none. Under the plain language of the Constitution, any employee of the executive branch necessarily is there solely at his discretion and can be fired by him or directed by him in any aspect of his duties, including prosecutions, for any reason or no reason at all.
Even the Supreme Court, which is no stranger to making gratuitous, unconstitutional rulings, recognized the fact of the president’s unlimited power to fire executive branch officers in Myers v. United States, 272 U.S. 52 (1926) in a ruling that has never been reversed. It is what the simple text of Article II of the Constitution provides: the president alone is granted all executive power, with even the vice president having zero executive power during the tenure of the president.
It’s Time For Us to Reclaim The Rule of Law — and Our Freedom
The politicians who have imposed all these monstrous federal policing agencies, including the present day Justice Department, on the American people never had the nerve to do so within the law by proposing Constitutional amendments that would have permitted them. Because they knew the people would never ratify them. Those policing agencies are what empower “The Swamp,” which the American people detest.
President Trump was elected precisely to restore the rule of law/drain the Swamp, that being the most important requirement to make America great again. That is why the Swamp has targeted him, his family and all his supporters for destruction even before he was elected. The Swamp parasites depend on the Swamp’s usurped power to undo the rule of law – the Constitution – and install bureaucrats and politicians as our masters, with unlimited discretion to assert their power over us.
The American people have always known that the true rule of law, and not of men, is what our freedom and prosperity depend on. It is now imperative that President Trump use all his powers under the Constitution to eradicate the cancer in our midst and demand that the Constitution be obeyed in all respects, and that every unconstitutional federal agency be terminated and all its employees fired. Ingenious Americans will come up with ways to provide whatever actual services, including charity services, any of those agencies provide much better and less expensively than any of them, and without the power to bully and harm citizens they encounter.
In chapter 19 of my book I show how a single house of Congress could do all that. The president has identical, and even greater, power to do so and to do so in the manner I describe here and in my book.
President Trump should immediately issue an executive order repealing the Kennedy executive order permitting federal employees to unionize. The days of the federal employee nobility in our midst must come to an immediate halt. The Justice Department must be precluded from investigating and prosecuting any crimes not specifically permitted in the Constitution, and limit its targets primarily to federal employees who have been abusing citizens. Those particular orders are ones President Trump can issue whenever he chooses, orders which are subject to review by no other branch of the government, including the courts. Article II of the Constitution provides him exclusive power to take those actions on his own.
And he can use all his powers as the greatest salesman of his generation, with the biggest megaphone in the world, to explain to everyone precisely why he’s taking all these actions, and why they are necessary to rescue the rule of law and the freedom and prosperity we Americans value above all else. He must re-educate the public after it has been inundated with almost 100 years of misinformation from all sides – from our schools, politicians, including the courts and the entire legal profession, Hollywood, Mass media – about the Constitution, our history, and our rights.
And now, for the first time since the 1930s, we have a Supreme Court, a majority of whose members will likely ratify all his actions in this regard, if they are legally challenged, in so restoring the written Constitution we have as the supreme law of the land.
They should reverse all of that Court’s frivolous rulings since the mid-1930s which have pretended that all those federal policing agencies were Constitutional and that Americans have no freedom of contract (Yes, that Court has unilaterally and gratuitously stricken that clause from the Constitution, along with others), that politicians and courts can ignore the plain language of the Constitution and rewrite it at will — and that we the people are nothing but serfs at the mercy of politicians and bureaucrats.
And then, along with all the other actions President Trump takes fulfilling all his other campaign promises, once again America will indeed be great.