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'We the People' Need to Circle the Wagons: The Government Is on the Warpath

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From flickr.com/photos/23212428@N00/15360496697/: We The People
We The People
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p class="">In an age of overcriminalization, government officials are constantly telling Americans what not to do. Yet it used to be "we the people" telling the government what it could and could not do. Indeed, the three words used most frequently throughout the Bill of Rights in regards to the government are "no," "not" and "nor."

Compare the following list of "don'ts" the government is prohibited from doing with the growing list of abuses to which "we the people" are subjected on a daily basis, and you will find that we have reached a state of crisis wherein the government is routinely breaking the law and violating its contractual obligations.

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For instance, the government is NOT allowed to restrict free speech, press, assembly or the citizenry's ability to protest and correct government wrongdoing. Nevertheless, the government continues to prosecute whistleblowers, persecute journalists, cage protesters, criminalize expressive activities, crack down on large gatherings of citizens mobilizing to voice their discontent with government policies, and insulate itself and its agents from any charges of wrongdoing (or what the courts refer to as "qualified immunity").

The government may NOT infringe on a citizen's right to defend himself. Nevertheless, in many states, it's against the law to carry a concealed weapon (gun, knife or even pepper spray), and the average citizen is permitted little self-defense against militarized police officers who shoot first and ask questions later.

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The government may NOT enter or occupy a citizen's house without his consent (the quartering of soldiers). Nevertheless, government soldiers (i.e., militarized police) carry out more than 80,000 no-knock raids on private homes every year, while maiming children, killing dogs and shooting citizens.

The government may NOT carry out unreasonable searches and seizures on the citizenry or their possessions. NOR can government officials issue warrants without some evidence of wrongdoing (probable cause). Unfortunately, what is unreasonable to the average American is completely reasonable to a government agent, for whom the ends justify the means. In such a climate, we have no protection against roadside strip searches, blood draws, DNA collection, SWAT team raids, surveillance or any other privacy-stripping indignity to which the government chooses to subject us.

The government is NOT to deprive anyone of life, liberty or property without due process. Nevertheless, the government continues to incarcerate tens of thousands of Americans whose greatest crime is being poor and brown-skinned. The same goes for those who are put to death, some erroneously, by a system weighted in favor of class and wealth.

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The government may NOT take private property for public use without just compensation. Nevertheless, under the guise of the "greater public interest," the government often hides behind eminent domain laws in order to allow megacorporations to tear down homes occupied by less prosperous citizens in order to build high-priced resorts and shopping malls.

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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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