snydly

Mercenaries: Corporations as
Armed Forces: Constitutional governments

Bring America Back !!!!

***The article is CORRECT==NOW is the time to think and bring up all
the reasons to RESTORE our Constitution !!! Some of the bloggers are
sidetracked looking at its loopholes, failings, or double meanings.

For example: Senator Obama, and all House and Senate swear the Oath when
they are elected/appointed to ...Preserve, Protect, and Defend the Constitution of the USA, against ALL Enemies, foreign and DOMESTIC...."

***When King George, his Neocons, NSA and the Big Telecons intentionally
violated felony based Wiretapping laws under FISA, they willingly
and gravely violated the Fourth Amendment===Privacy & Unreasonable search.
THESE WERE 'DOMESTIC' ENEMIES OF OUR FOURTH AMENDMENT RIGHTS.

When Sen Obama voted FOR the FISA law, he violated his OATH to preserve,
protect, and defend the 4th Amendment. So, since Obama seeks to take
the SAME, IDENTICAL Oath in January 2009, how can we allow him to do it,
since he is in violation already !!!! ???? In any court of law in this
Nation, when you raise that right hand and swear an oath==you can and
should be held accountable if you violate it !!

Make sense to you ??? Makes great sense to me !! Let us all go to
www.aclu.com amd swear the pledge in the upcoming election to
Vote For the Constitution !!!! THEN, GO VOTE !!

I think the article is a good one. And I'd also add that there is a great deal of good, progressive analysis on how to improve the Constitution. It has enormous weaknesses, the primary among them is this: the American people as a whole can raise or decide no question via initiative or referendum. But the Montana state Constitution of 1972 makes this a fundamental right. Therefore we cannot recall an incompetent or criminal president or vice-president as can California and many other states can recall their governors.

Connect the dots folks. We as a people can decide no question. We don't vote for president but for "electors." The Senate is grossly disproportionate due to small states having the same representation as large states. Single seat districts with winner-take-all voting creates a two party system. Article V, the amending article, is what Texas University constitutional scholar Sanford Levinson calls an "iron cage" whereby the 13 smallest states comprising less than five percent of the US population can block any amendment to the Constitution. (See Montana's amending article for a good progressive set of processes.) The entire system has been taken over by plutocrats *because of these flaws*.

I urge those interested in progressive analysis of the Constitution (our second one, by the way) to study these books:

Frozen Republic: How the Constitution Paralyzes Democracy by Dan Lazare.
Our Undemocratic Constitution by Sanford Levinson.
How Democratic is the American Constitution? by Robert Dahl.
10 Steps to Improve American Democracy by Steven Hill.
Proportional Representation by Doug Amy.
A More Perfect Union by Larry Sabato.
The American State Constitutional Tradition by John Dinan.

Folks, this business of creating a progressive, constitutional revolution requires serious study. I urge all who are reading who want to overturn the totalitarian corporate regime and create a new progressive regime in America to study the Constitution's flaws and ways to fix them. These seven books are an excellent place to begin for those who have not read them. This is an area where we need more theory to inform our actions; more reading to energize our strategic planning; and more constitutional discussions to empower our proposals. Those who wrote the current and second Constitution studied their asses off to know what preceded them in terms of the innovations in governance of which they could be aware. We owe it to future generations to do the same.

orez-eno's analogy isn't quite correct.

If the US were like Canada, it wouldn't have a presidency or executive branch at all. The presidents cabinet "departments", and therefore the day-to-day workings of government, would be controlled by congress, not the President.

The closest thing in the US to the PM in a parliamentary system would be the Speaker of the House. So, Nancy Pelosi, not Howard Dean would be our PM. The PM does get directly elected, but only by the constituents in their home districts.

But I agree, the parliamentary system is far, far more democratic. Elections can be called at any time by a vote of no confidence, and must be be completed in a couple months - so ther is NONE of this massive corporate-financed campaign nonsense.

And best of all, the parlaiment sessions themensves tend to be far more free-wheeling and vigirous, and passionate in the debates that ensue. There is far more diversity of opinions expressed - and they are expressed loudly! If you think the discussions here on Commondreams cause you to feel "morally raped" as someone wrote, don't even think of going to Ottawa, Canberra, or even London - you sensitive new-age egos may be both raped and assaulted.

Meanwhile, back in the DC, the ridiculous gavel-banging decorum and formality in the US Congress chamber and it's comittee hearing rooms seem almost designed to stifle dissenting views, or vigorous debate of any sort.

Come on, Obama gave his tacit approval to FISA by voting for it knowing all the while that the Telecom Industry was given blanket immunity. Nichols is a joke! On the one hand he writes these position pieces expressing his outrage and on the other he supports the pond scum who enact the shit. My native friends call this speaking with a forked tounge. What is Nichols suggesting? Elect the crap who enacts this shit and then try to get them to change their mind later? Wake up. This dude is entirely out of touch with the pain and suffering of real people. Just another inisde the belt way elite who knows what is best for all the little people he steps on every day.

Here is what Nichols is never going to get:

http://www.youtube.com/watch?v=gPbJY2rs0QI

Fear of Republican retribution cows many if not most people. Russ is lucky he is from Wisconsin and got elected when he did,

And now for something completely different

Shake, Shake Senora- The Nightmare Before Christmas

http://www.youtube.com/watch?v=o1BG2mhVum8&feature=related

Senator Feingold is my Senator. He may be the exception to the rule when it comes to Democrat senators in some respects, but in the main he is an enabler of his party's disfunctionality. At best, he is the EXCEPTION that proves the rule. He functions as a gadfly similar to William Proxmire before him. A grandstander by default because rarely does his own party support his initiatives.

Please don't justify ANYTHING from Democrats by holding up Feingold as your example. We wait patiently for him to sponsor the Conyers-Kucinich healthcare bill in the Senate..... (Which his Dem colleagues will ignore, you can be sure)

He is the head of the Senate Foreign Relation Committee's subcommittee on AFRICA. Heard any good news about Africa lately? Probably not. The US keeps funneling money through Egypt to massacre Africans who are trying to rid themselves of the yoke of "client state" status. Not a peep from Russ on this, except for Somolia of course which is a failed state due to our own transgressions.

If you are Feingold groupie, consider yourself in denial. Raise your expectations. We in Wisconsin need that from you.

I can't trust Mccain or Palin to salvage what's left of the Constitution already destroyed by the Bush/Cheney gangsters. Nader's cool but he doesn't have the support in the House and Senate that he needs and he should be empowering progressive thinktanks and reforming the Democratic Party by primarying sellouts year after year. Neither Mccain or Hillary had respect for law abiding gun owners. At least Obama showed some respect and he has no plans to wreck the Constitution so he has my vote even though my state is not likely to go for him.

Jason Jordan
Sandpoint, Idaho

"Sen. Feingold is so cool!"

When he opposes the positions of the DLC.

Sen. Feingold is so cool! AND, he's not in the green party or an independent---he's a DEMORCRAT!!! Imagine that all you Democratic Party Haters.

"In particular, Fox and other organizers of the Constitution Day push are asking the candidates to address issues related to:"

Pay attention. They have already addressed all these issues. They are both clearly opposed to the constitution. It couldn't be any more obvious. Politely asking them to restore the constitution is useless.

http://twocanpete.blogspot.com/
It will just be nice to have someone in the White House for a change who can read, little alone comprehend the Constitution.

Thank you. While I can agree with most of your analysis, I can also agree with some of the comment which remind us of our selective application or those rights and guarantees throughout history.

Not only do we need restoration, but we also need real equality in the way protections are allocated. Exclusion has no place in our democratic process. That in our short history, it has reached a point of near total genocide for some, should give pause to all.

As an aside... for those who endorse the efforts of Senator Feingold to almost single-handedly counter "The Party's" prevailing intent to trash our rights, but who have not written him to express that support, you might give it some due consideration. Unlike some CongressClowns, he demonstrates a willingness to listen to all by accepting email from out of his state. His office has always responded with a note of appreciation when my wife or I write to thank him for his work.

It can be a lonely fight. If you want real change, support those who work for your ideals and goals.

The 5th amendment bans forcing any "person" to testify against themselves.

So the torture and forced testimony at the torture camps such as Guantanamo also flies in the face of the 5th Amendment, a fact that is not often stated in the U.S. media.

Currently I live in the US. However, in Canada where I lived for a period of time, the name of the Prime Minister does not appear on a national ballot. In Canada you vote only for your Minister of Parliament, or MP (equivalent of congressman in US), not for the Prime Minister. The Prime Minister is the leader of the party. He/she is selected for that position by the party, not by the general population, and he/she wins the office of Prime Minister if the majority of MPs of his party are elected to the House of Commons (equivalent to Congress). As a side note, he/she must also win in his/her own riding (local district that he/she represents as a Minister of Parliament).

If only America had a similar system. In the last US election, because the democrats won a majority in congress, Bush would have to step down and Howard Dean (who is most comparable to party leader in Canada) would automatically become President.

Did you hear that? If this were Canada, Howard Dean would now be President by the election of 2006.

Despite the fact that average citizens in Canada (as well as England and Australia by the way) do not directly elect their Prime Minister, no one there complains that their system is undemocratic. Indeed, it is the American system that seems to them to be undemocratic. The idea of electing a single person from one of two powerful parties to be commander in chief is simply not democratic. It is a dictatorship in disguise. Result? The American government routinely commits crimes that we are brought up to believe are only done by other, fascist countries, like Russia. Examples: Assassination of President Kennedy by the CIA. The Bay of Tonkin to start the Vietnam War. Immoral invasion of Iraq, eventual invasion of Iran. I could continue you know. The list is very long. Have you noticed that I was careful to pick only the ones that I am most sure you would agree are characteristics of a fascist dictatorship? After all, if you are American you are still heavily biased to believe that many of your countries actions throughout history were done in the name of freedom, and that many actions against your country were done by foreign dictators or terrorists.

Have you ever wondered why America calls Chaves of Venezuela a dictator? Did you know that he was elected, and won overwhelmingly. He promotes policies that improve the quality of life of all of Venezuela’s citizens. But Americans continue to call him a dictator. Indeed, America tried to have him removed from power. They actually had him temporarily arrested (another covert American operation in the name of freedom). But the citizens of Venezuela showed such strong support for him that the effort failed. In contrast Bush was not elected. He stole the election by cheating and by intimidation. Bush promotes policies that increase the wealth of only a few Americans while ignoring the quality of life of almost all of America’s citizens. Yet Americans call Bush a democratically elected president. Nothing could be further from the truth. American ignorance is so obvious, but it mysteriously continues to flourish.

I applaud efforts of many at this site to promote the Democratic candidate, but because you live in an undemocratic country, a change of power in the White House from republican to democrat is not really a change of power. The same dictatorship under the disguise of democracy is in place. Changing the face of the dictator does not change the dictatorship. The one billion dollar embassy in Iraq continues to be staffed by Americans until another event like the Iran hostage crises takes place. America will continue to cater to big business at the expense of most of its citizens. America will continue to allow insurance companies to maximize profits by denying adequate health care to its citizens. America will continue to invade countries. America will continue to push the patience of the rest of the world beyond the breaking point.

The bottom line is America is a fascist state run by large corporations. Corporations retain that power by purchasing the government. A smaller government in terms of parties is easier to purchase than a more democratic government consisting of many parties, as they have in Canada. That’s what needs to be changed. Getting more people to vote democratic will not reduce the power of corporations because those corporations have already purchased the democratic candidate.

In America, voters traditionally choose between two bought-and-paid-for political machines. That is not really much choice is it? It is this two-party voting tradition that is the real cause of America’s problems. For reasons I do not understand, almost all Americans refuse to consider an independent candidate for President, despite the fact that they are perfectly free to do so. I believe this attitude is cultural and is indoctrinated into all of us from an early age by the overwhelming influence of large corporations who shape out attitudes and beliefs for their own profit and power.

If you really want to influence America’s future, it is the two party attitude of most Americans that you need to change. Vote for Nader. Vote for McKinney. Vote for a write in, like Kucinich. But don’t, absolutely do not, vote for a Democrat or Republican.

Of course, from this milquetoast liberal Democratic Party fanzine and John Nichols you would never hear of this:

Take the Pledge: From Ralph Nader’s Constitution Pledge website
Source: http://www.constitutionpledge.com/

•Prohibit the use of "secret evidence" to classify and list individuals and organizations within the United States as global terrorists or global terrorist organizations; and
•Prohibit the use of secret evidence or evidence obtained by torture or coercion in military or civilian tribunals;
•Prohibit the detention of American citizens as "unlawful enemy combatants," without proof of criminal activity, based solely on the President's say-so;
•Restore habeas corpus for alleged alien enemy combatants, i.e., non-citizens who have allegedly participated in active hostilities against the United States, in order to protect the innocent;
•Prohibit the National Security Agency from intercepting phone conversations or emails, or breaking and entering homes on the President's say-so, in violation of federal law;
•Empower the House of Representatives and the Senate collectively, to challenge in the Supreme Court the constitutionality of signing statements which indicate the President intends to disregard duly enacted provisions of bills signed into law, because he alone maintains they are "unconstitutional;"
•Prohibit the executive from invoking the state secrets privilege to deny justice to victims of constitutional violations perpetrated by government officers or agents; and,
•Establish legislative-executive committees in the House and Senate to adjudicate the withholding of information from Congress, based on executive privilege, which obstructs oversight and open government; and
•Prohibit the President from kidnapping, detaining, and torturing persons abroad, in collaboration with foreign governments;
•Amend the Espionage Act to permit journalists to report on classified national security matters without fear of prosecution.

-Amended from the American Freedom Agenda

One way to restore the constitution is to cast votes for the parties and individuals that respect it. Even if you personally like your congressperson, ask yourself have they respected the constitution? Has their party? If the answer is "NO", then it is time to vote differently. If we don't hold them accountable, they certainly won't hold themselves accountable.

The United States is a prime example of the broken windows theory of policing: allow busted windows, grafitti, accumulation of uncollected trash, etc. to go unchecked and the area where you live will gradually become worse and worse and worse. This is what's happening to this country vis a vis our constitution. At this rate the constitution will eventually and simply wither away and, for all intents and purposes, cease to exist, even though the document itself will not actually have been taken out and burned. The Repimplicans are counting on this because they loathe and despise civil liberties and human freedom. In this crime they are aided invaluably by their trainees, the Democrats, and the bone grinding apathy and stupidity of much of the citizenry.

The Real Contract with America

(This was originally written when the misnamed PATRIOT ACT was adopted. No one was listening at the time. It was revised after the Dem's "victory" and inaction since 2006)

The American People signed a contract. An agreement between the Governed and the Government. It is called the Constitution of the United States. The first ten amendments to that Constitution is known as the Bill of Rights. As Justice Hugo Black stated, "It is my belief that there are absolutes in our Bill of Rights, and that they were put there on purpose by men who knew what words meant and meant their prohibitions to be 'absolutes.'"

Think about it:

* Without the First Amendment, newspapers could only print the "party line" or be suppressed. Books and plays would be censored or banned. We might have to attend the State Authorized Religion, or be forbidden to attend any other form of worship, or any worship at all. We could even have a church telling us how to live, backed up with government force! We would have no right of public assembly or protest, nor could we petition the government for a redress of grievances.

* Without the Second Amendment, we would be a completely disarmed populace, at the mercy of government troops or security forces.

* Without the Third Amendment, the government could quarter troops in your home without your consent.

* Without the Fourth Amendment, the government's security force or military could search your home at will, without a warrant, confiscate your papers and property, monitor your communications and phone conversations without your ever knowing about it.

* Without the Fifth Amendment, you could be picked up, your property confiscated, you could be held incommunicado for an indefinite time without legal counsel and could be forced to testify against yourself.

* Without the Sixth Amendment, your could be held for an indefinite period, without charge, and without being told why you're being held. Your trial, if any, could be held in secret without your being able to confront your accusers or examining any evidence, nor would you have the right to legal counsel.

* Without the Seventh Amendment, in civil suits, you would not have the right of trial by jury.

* Without the Eighth Amendment, there would be no limit on the amount of bail set or fines imposed, and any cruel punishment could be meted out, even death by torture.

* Without the Ninth Amendment, any rights not spelled out would be forfeit to the government.

* Without the Tenth Amendment, the People of the United States would have no powers reserved to themselves, it would all lie with the State.

Isn't it tragic that the Congress gave to the Executive, through misguided PATRIOTism, an ACT that would unconstitutionally repeal those rights guaranteed by the Constitution and turn it all over to Homeland Security?

Read your Constitution and Bill of Rights, then read the text of the Patriot Act and the amended Patriot Act, the Military Commissions Act, the amended FISA Act, the legislation allowing torture, banning habeas corpus, and the many Executive Orders giving the Executive ever more dictatorial powers over We the People, then think about it. We the People of the United States have been virtually stripped of those freedoms that the founders of our nation fought so hard to secure from an earlier King George.

Everybody heaved a great sigh of relief when the "Democrats" were back in power, but things quickly returned to business as usual. The rich get richer, the poor and middle class get poorer and the government gets still more power to do as it wills.

We have got to impeach and remove the cancer that has infected our nation before it becomes inoperable. We are facing widened wars of desperation as Bush and his gang looks desperately for a way of regaining control. They are not beyond a "Black Op" against the United States (remember the Maine, Tonkin Gulf, the WMD lies and the jury is still out on 9/11) followed by a declaration of martial law. The groundwork has been carefully laid and is available to review on many sites.

We must hold Congress to the Contract that We the People made with them over two centuries ago, restore the Constitution and the Bill of Rights, intact and functioning to the halls of government, and return to using them for the rule and guide of our actions.

There's a route I like to drive that seems to inspire my thought process, and I took it last night. Nature-assisted contemplation took me to the idea that WORDS themselves have been treated like collateral, and now their meanings have been almost fully co-opted. We speak about the concept of Truth, but words are to truth what calories are to a sustainable body. I noticed this with the word FEMINIST being applied to the anything-but Palin, and also with the word FREE as in FREE trade, and of course FREEDOM. The very currency of our existence, and our capacities to communicate are being abducted by those who have done to language what bio-genetic engineering has done to food: replaced the GENUINE element with its counterfeit. So much has been inverted, we hardly can begin to put a price on what's been stolen or given a virtual death notice. The condition of Nature and Her kingdoms are one example, think drowning polar bears and vanishing whales; but so, too are the subtle components of our lives as social beings.

The Constitution, composed of carefully contemplated words (language), is now on this same "Endangered Species list." Like Martin Luther King I believe history eventually arcs towards justice, but the next 7-12 years are going to be a struggle to wrest away from the forces of darkness, the return to Light.

"If we are frank, we will acknowledge the ugly reality that the men who would be president keep the discussion vague because they want to maintain a flexibility to disregard the Constitution at will, as President Bush and his predecessors have so frequently done."

...and if we are earnest, we will acknowledge the ugly reality that the men who would hold any civil office other than president want to keep the discussion about their crimes totally hidden because they want to maintain a flexibility to disregard the rule of law at will but blame it all on president Bush and his predecessors, as they have so frequently done.

.....but if you are a member of congress and you pledge to protect and defend the constitution of the united states...(I'm assuming that members of congress make the same pledge) please correct me swiftly and mercilessly if I am wrong O wisest of bloggers. Or you pledge to your congressional duties, one of which is to hold a trial for impeachment when the president or any civil officer is suspected to have committed "treason, bribery or other high crimes and misdemeanors."

So the question is, should members of congress be impeached for failing to uphold their duty to try for impeachment, and should McCain and Barak be asked what it means when they pledge to protect and defend the constitution, in regards to not only presidential defection, but also congressional defection from the rule of law?

I find this all gets very convoluted and messy at this point, kind of like what is happening in the financial markets because of rampant corruption.

How will we ever stave all this bleeding off of democracy?

Dear Mr. Nichols,

This may come as a surprise to you, and taking into consideration your very well written article listed above, you have not taken into consideration many aspects of reality which are available to you even through the Document you mention above; the United States Constitution.

The aforementioned document has never been, with few exceptions, anything but a "document of convenience" to those in power. At the same time it remains to be a reference point of authority by those who are not "in power".
As long as the document you refer to is in only "partial compliance", i.e. portions of it are observed and others are ignored*, it is merely a focal point for discussion and debate. If all of the Constitution with appropriate amendments is not observed, when referring to selected passages that are not being upheld is hypocrisy at the highest level. When Americans refer to their "Constitution" as a sacred "document", using various reference points for authority, while ignoring the other sections that are not observed, they reveal themselves as fools, or charlatans or both.
I will call your attention to the very real and undeniable fact of my assertion by referring to Article in particular where "All Treaties are Supreme Law" ----is and has not been complied with by the US Government, and that Title 25 USC is not only an illegal body of legislation but a direct violation of the U.S. Constitution.
Your words, regardless of how well applied, are hollow, and you "speak with a forked tongue", rendering your words to be the same as "smoke in the wind".

While you and the rest of America enjoy citizenship in the wealthiest nation in the history of the world, and deny the fact that most of that wealth was acquired as direct result of violating the treaties with the previous rightful owners, you lie only to yourselves. The world watches the USA now more than ever before in it's history. And they do not respect you; they fear you.

Human beings all throughout history have had few common traits, but one that is so common as to be like a bright star in a dark sky is this, one immutable fact; human beings always destroy that which they fear .

When you speak of the current generation's violations while ignoring the previous generation's violations you open the door for future generations to violate as your story reveals here. Someday they may very well be coming to your front door or that of your children's children's.

Adolph Hitler used the US Reservation system as an example of his concentration camps effectiveness, an example the USA should be very proud of.

Good Luck.

In particular, the groups want Republican John McCain and Democrat Barack Obama to explain what they think it means when they swear an oath "to protect and defend the Constitution of the United States".
________________________________

Oh, please!

It means "to warble like a nightingale with ostentatious piety bordering on idolatry for Constitutional Principles, then doing whatever the hell I want to do to further my ambition and interests".

Or, to use phrases lifted in an affectionate homage to my hero, Mark Twain: "to unremittingly uphold Constitutional principles without fear or favor... then flinging them down and dancing upon them whenever crowded by circumstances".

Since neither man will say such a thing, rest assured that whatever pronouncements they DO make will merely be another exercise in limbering their forked tongues.