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Police State America - A Look Back and Ahead

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In the future, the law may also require that the card contain a radio frequency identification (RFID) technology computer chip that will be able to track all movements, activities and transactions of everyone, everywhere, at all times. In other words, with this technology embedded, the card will become an empowered police state dream (and an Orwellian nightmare) to be able to monitor everyone having one all the time wherever they are.

However, growing state opposition to the law puts its status in doubt. It's because it's costly to establish and administer and will create a bureaucratic nightmare besides. It thus looks likely it won't be adopted in its current form, but it may be revised and reintroduced, so don't yet count this one out as some are ready to do. As of now, measures have been introduced in the House and Senate to repeal it by adopting national ID standards in other legislation and increase federal funding for it. So going forward, the issue of mandating national ID measures is very much alive. It looks like something on it will emerge as federal law going forward, but the cure may be worse than the disease if states adopt it to give "police state America" another repressive tool.

Pervasive Spying on Americans

Under George Bush, spying is a national pastime, but it's no joke. The New York Times reported on December 16, 2005 that his administration had been secretly spying on Americans without warrants since late 2001. He authorized the National Security Agency (NSA) to intercept international communications of US citizens with known links to Al Queda, related "terrorist" organizations, or for any other reasons at its discretion. The operation was called the "Terrorism Surveillance Program."

It made no difference to the administration that wiretapping without probable cause or judicial oversight violates Fourth Amendment protections and the 1978 Foreign Intelligence Surveillance Act (FISA). In the current atmosphere, the rule of law is out the window, Congress and the courts condone it, and that's the problem.

It surfaced again when Congress passed the Protect America Act of 2007 that amends FISA with doublespeak language Orwell would love. It supposedly aims to close "communication gaps" but will allow virtual unrestricted mass data-mining monitoring and intercept of domestic and foreign internet, cell phones and other new technology as well as transit international phone call traffic and emails. The Act claims to restrict surveillance to foreign nationals "reasonably believed to be outside the United States" and must be renewed. In fact, the law targets everyone including US citizens inside the country if the Attorney General or Director of National Intelligence claim they pose a potential terrorist or "national security" threat, but no evidence is needed to prove it.

This law allows virtual unrestricted warrantless spying of anyone for any claimed "national security" reason. It thus renders the notion of illegal searches and privacy rights null and void. But that already went on earlier post-9/11 through other unconstitutional speech-related monitoring activities. One was the short-lived Operation TIPS that was dropped when civilian informers refused to be spies. Then, there was the Pentagon's Total Information Awareness (TIA), later renamed Terrorism Information Awareness, that was also ended under pressure but resurfaced in new form so illegal military spying continues. The Threat and Local Observation Notice (TALON) program was part of it to collect domestic intelligence through a huge database focused on "terrorism" that means everyone legally opposing Bush administration practices is targeted.

MATRIX is another new data mining tool that stands for the Multistate Anti-Terrorism Exchange Program. It violates our privacy by mass monitoring the lives and activities of ordinary people on the pretext of learning whether they may be engaging in any type terrorist or criminal activity.

Privacy isn't mentioned in the Constitution, but Supreme Court decisions affirmed it as a fundamental human right. In addition, it's protected under the Ninth Amendment, the Third prohibiting quartering troops in homes, the Fourth prohibiting unreasonable searches and seizures, and the Fifth safeguarding against self-incrimination. MATRIX and other intrusive laws violate the letter and spirit of the law and permits Patriot and HSA justice in "police state America."

Executive Orders Issued by George Bush

George Bush loves big numbers. They show up in budgets and spending, in his number of signing statements to congressional legislation, and in over 250 Executive Orders (EOs) in almost seven years. A key one is reviewed below.

July 17, 2007 Executive Order (EO): Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq

The US Constitution has no provision that gives a President power to make new law through one-man executive order decrees. That never deterred others in the past from issuing them, but none ever abused this practice more than George Bush who's issued over 250 of them thus far with more sure to come.

This one on July 17 is especially egregious but right in character for a President who disdains the law and shows it. It starts off: The President's power stems from "the authority vested in me as President by the Constitution and the laws of the United States of America" as well as the International Economic Powers Act he also invokes.

The order continues: "....due to the unusual and extraordinary threat to the national security and foreign policy of the United States posed by acts of violence threatening the peace and stability of Iraq and undermining efforts to promote economic reconstruction and political reform in Iraq and to provide humanitarian assistance to the Iraqi people," George Bush, in fact, unconstitutionally usurped authority to criminalize the anti-war movement, make the First Amendment right to protest it illegal, and empower himself to seize the assets of persons violating this decree.

By this action, the President again, on his own authority, violated the Constitution, criminalized dissent, and moved the nation another step closer to tyranny in "police state America."

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