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Rule by Brute Force: The True Nature of Government

By   Follow Me on Twitter     Message John Whitehead       (Page 1 of 2 pages)     Permalink    (# of views)   3 comments

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The torch has been passed to a new president.

All of the imperial powers amassed by Barack Obama and George W. Bush--to kill American citizens without due process, to detain suspects indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to act as a dictator and a tyrant, above the law and beyond any real accountability--have been inherited by Donald Trump.

Whatever kind of president Trump chooses to be, he now has the power to completely alter the landscape of this country for good or for ill.

He has this power because every successive occupant of the Oval Office has been allowed to expand the reach and power of the presidency through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements that can be activated by any sitting president.

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Those of us who saw this eventuality coming have been warning for years about the growing danger of the Executive Branch with its presidential toolbox of terror that could be used--and abused--by future presidents.

The groundwork, we warned, was being laid for a new kind of government where it won't matter if you're innocent or guilty, whether you're a threat to the nation or even if you're a citizen. What will matter is what the president--or whoever happens to be occupying the Oval Office at the time--thinks. And if he or she thinks you're a threat to the nation and should be locked up, then you'll be locked up with no access to the protections our Constitution provides. In effect, you will disappear.

Our warnings went largely unheeded.

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First, we sounded the alarm over George W. Bush's attempts to gut the Constitution, suspend habeas corpus, carry out warrantless surveillance on Americans, and generally undermine the Fourth Amendment, but the Republicans didn't want to listen because Bush was a Republican.

Then we sounded the alarm over Barack Obama's prosecution of whistleblowers, targeted drone killings, assassinations of American citizens, mass surveillance, and militarization of the police, but the Democrats didn't want to listen because Obama was a Democrat and he talked a really good game.

It well may be that by the time Americans--Republicans and Democrats alike--stop playing partisan games and start putting some safeguards in place, it will be too late.

Already, Donald Trump has indicated that he will pick up where his predecessors left off: he will continue to wage war, he will continue to federalize the police, and he will operate as if the Constitution does not apply to him.

Still, as tempting as it may be, don't blame Donald Trump for what is to come.

If this nation eventually locks down...If Americans are rounded up and detained based on the color of their skin, their religious beliefs, or their political views...If law-and-order takes precedence over constitutional principles...

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If martial law is eventually declared...If we find that there really is nowhere to run and nowhere to hide from the surveillance state's prying eyes and ears...And if our constitutional republic finally plunges headlong over the cliff and leaves us in the iron grip of totalitarianism...

Please, resist the urge to lay all the blame at Trump's feet.

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John W. Whitehead is an attorney and author who has written, debated and practiced widely in the area of constitutional law and human rights. Whitehead's aggressive, pioneering approach to civil liberties has earned him numerous accolades and (more...)
 

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