http://www.informationclearinghouse.info/article8993.htm
So This Is How Liberty Dies?

The right of the people to be secure in their persons, houses, papers, and 
effects, against unreasonable searches and seizures, shall not be 
violated, and no warrants shall issue, but upon probable cause, supported 
by oath or affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized.

- The Fourth Amendment to the Constitution of the United States of America

by Steven LaTulippe

05/27/05 " LewRockwell.com" - - In the most recent episodes of Star Wars, 
George Lucas takes his audience on a journey through the process of 
political decay. He illustrates the ironies and absurdities inherent in 
the collapse of a limited, republican form of government. He portrays the 
defenders of the republic as confused and impotent while he exposes the 
vile and conspiratorial nature of their imperial adversaries.

In what surely must be one of the fascinating examples of life imitating 
art, the typical observer of American politics ought to be awestruck by 
the events unfolding around him on a routine basis.

Hardly a day passes now without some new outrage being perpetrated on our 
republic by those in the halls of power. It is happening with such 
regularity that one could almost excuse the concerned citizen for simply 
throwing in the towel and tuning out.

But occasionally something so egregious occurs that even the most jaded 
and cynical among us have to stand up and take notice.

Just such an event unfolded in the halls of the United States Senate this 
week in the form of a hearing concerning the FBIs quest for new 
investigative powers included in the latest Patriot Act.

Alan Eisner at Reuters reports:

The FBI on Tuesday asked the U.S. Congress for sweeping new powers to 
seize business or private records, ranging from medical information to 
book purchases, to investigate terrorism without first securing approval 
from a judge.

Valerie Caproni, FBI general counsel, told the U.S. Senate Intelligence 
Committee her agency needed the power to issue what are known as 
administrative subpoenas to get information quickly about terrorist plots 
and the activities of foreign agents.

In essence, the FBI wants the power to issue "administrative subpoenas" to 
execute searches without the annoyance of having to show probable cause in 
a court. (Since the agency carrying out the search is going to be the one 
issuing the subpoena, one wonders why they even bother with a subpoena at 
all. Why not just ransack wherever they please and dispense with the 
fiction altogether? Can anyone envision a circumstance where the FBI would 
refuse to issue a search warrant to itself?)

The Republicans, who have discarded their previous concerns for the Bill 
of Rights like a snake shedding its skin, are the primary supporters of 
this scheme.

Committee chairman, Kansas Sen. Pat Roberts, noted that other government 
agencies already had subpoena power to investigate matters such as child 
pornography, drug investigations and medical malpractice. He said it made 
little sense to deny those same powers to the FBI to investigate terrorism 
or keep track of foreign intelligence agents.

One has to admit certain logic in his argument. After all, if other 
government agencies are already disregarding the constitution, then why 
cant the FBI?

But the really fascinating parts of the testimony came later. The first 
example was when the FBI counsel claimed that these powers were needed to 
prevent terrorist attacks such as car bombs. When challenged on that 
point, she responded:

Caproni said she could not cite a case where a bomb had exploded because 
the FBI lacked this power, but that did not mean one could not explode 
tomorrow.

Whether she appreciated it or not, this is the pure, undiluted logic of a 
Sith Lord. In essence, she contends that we should discard our 
constitutional protections here and now in the theoretical hope that we 
can avoid a terrorist attack at some undefined point in the future.

We are, in short, to abandon our freedom for the mirage of security.

While the advocates for the empire are obnoxious and tragically 
predictable, their odiousness is petty compared to the nature of the bills 
opponents. If anyone dares look down upon the defenders of Lucas Republic 
as being ineffectual and spineless, I give you the junior Senator from 
West Virginia:

"I am not aware of any time in which Congress has given directly to the 
FBI subpoena authority. That doesn't make it right or wrong. It just needs 
to be thought about," said West Virginia Democrat Jay Rockefeller.

An agent of the executive branch paraded into the Senate Chamber with a 
proposal that directly trashes one of the most important protections in 
our Bill of Rights, and the esteemed legislators only reply was that he 
cannot say if it is "right or wrong".

With friends like these, liberty hardly needs enemies.

Patrick Henry, he is not.

In better times, any government official openly agitating for the 
evisceration of our constitution would be immediately relieved of his job. 
After all, are not members of our security forces sworn to protect and 
defend our freedoms? And how has our system degenerated so badly that 
those advocating authoritarian policies are outspoken and arrogant while 
those supporting our freedom are wishy-washy and pathetic?

Truly, we are seeing the visions of Yeats come to life before our very 
eyes.

"The best lack all conviction, while the worst
Are full of passionate intensity."

A glance at the structure of our government in this late era of republican 
governance demonstrates a variety of oddities and ironies. The most 
interesting is the observation that each branch of our government is now 
ignoring those areas where its actual responsibilities lie while 
simultaneously intruding into areas where it was once explicitly 
forbidden.

Thus, we have a judiciary that is meekly turning over its responsibility 
to scrutinize warrants to various elements of the executive branch. 
Meanwhile, these same judges have abandoned the constitutions moorings and 
are dictating social policy to the nation far in excess of any powers 
envisioned by our Founders.

The congress, in a cowardly and cynical attempt to avoid responsibility, 
has abrogated its constitutional mandate to make declarations of war to 
the executive branch. Thus, presidents now take America into conflicts 
without the necessary debate and scrutiny that the Founders intended. 
Meanwhile, these same legislators have constructed a myriad of bloated and 
corrupt programs that are found nowhere in their powers enumerated by the 
constitution (i.e. retirement Ponzi schemes, prescription drug programs, 
Byzantine agricultural subsidies, etc. etc.).

The executive branch now reigns supreme over foreign policy with almost no 
checks or balances whatsoever. The result has been the repeated abuse of 
the military in a variety of undeclared wars that have almost no 
relationship to the well-being of the people of this country. This same 
executive branch, meanwhile, refuses to enforce federal laws that it finds 
objectionable, such as defending our own borders from the hordes of 
illegals crossing on a daily basis.

Thus, we have a judiciary that wants to be a legislature, a legislature 
that wants to be a sugar daddy, and a president who wants to be an 
emperor.

It is a sorry sight to behold, and one that will probably make for a great 
tragic adventure series someday.

Unfortunately, we are all cast in the role of the "innocent bystanders."

And everyone knows what usually happens to them.

Steven LaTulippe [send him mail] is a physician currently practicing in 
Ohio. He was an officer in the United States Air Force for 13 years.

Copyright  2005





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