Lawless America

I was watching the dramatisation of the Nuremberg Tribunal (the one with Alec Baldwin) last night, and it made me think.

First, with the immigration status, and such, how far is Germany again from the maelstrom that existed under Weimar? And what will happen this time? We know history doesn’t repeat, exactly, but it does rhyme. Something to think about, for us all.

But my stronger feeling was that America may be circling that same drain, for all the reasons that Bob Livingston writes of here. It doesn’t mean that it has to happen, or that it has to happen this way, but it means that we have a serious problem with this, and we’d best be thinking about a solution.

America is a nation of thousands if not millions of laws, yet it is a lawless nation.

A lawless nation is no nation at all. It is merely a Third-world backwater where those in power who lord over the people and abuse them for their own gain, for the gain of the bureaucrat class, and for the benefit of the banksters and the crony corporations who fund the charade elections every two or four years.

So those thousands or millions of laws written “for our benefit” – at least that’s what we’re told each time another edict from the District of Criminals becomes “law” – are employed against us while those in power are given a pass on them. Beyond that, those in power make the laws arbitrary by enforcing them or not enforcing them on a whim.

Last week, Brandon Judd of the National Border Patrol Council told  a House Judiciary Committee that the Barack Obama Department of Homeland Security had instructed U.S. Customs and Border Protection agents to release illegal immigrants and no longer order them to appear at deportation hearings. The stand down order includes a requirement that the whereabouts of illegals not be tracked, the Washington Examiner reported.

Judd said the new policy was implemented because only about 40 percent of illegal aliens apprehended and given a Notice to Appear (NTA) before an immigration judge actually show up. The process became so farcical that Border Patrol agents began calling them Notices to Disappear.

So in order to avoid the embarrassment of admitting that 60 percent of all illegals apprehended fail to appear before an immigration judge as required, the DHS and the Attorneys from the Department of Just(us) decided that any illegals apprehended who had no felony convictions and who claim to have been in the U.S. since January 2014 are to be released without an NTA.

Judd further testified:

Not only do we release these individuals that by law are subject to removal proceedings, we do it without any means of tracking their whereabouts. Agents believe this exploitable policy was set in place because DHS was embarrassed at the sheer number of those who choose not to follow the law by showing up for their court appearances. In essence, we pull these persons out of the shadows and into the light just to release them right back to those same shadows from whence they came.

Let me give you an example from my sector in Montana. Several months ago we arrested an illegal alien with a felony domestic violence arrest from another state. He was released because his trial had not occurred and therefore had not been convicted. Mind you he had not been acquitted either but we had to let him go all the same.

Under the law he should have been set up for removal proceedings, but under the policy he was let go. And he was let go even though he first proved that he cared so little about our laws that he entered the United States illegally, and once here, he proved further disdain by getting arrested for a serious violent act against another. What did we teach him and everyone else he undoubtedly told about his experience? We taught him our laws mean very little, but policies mean everything.

via Lawless America – Personal Liberty®.

Answers? I’m not sure I have any, but until we define the problems that doesn’t matter, so let’s get to defining!

Cultural Tyrants

I wrote last week about how proud I am to be fellow citizens with the admirable citizens of Charleston, that post is here. Their reaction is pretty much what one would expect of American citizens and/or Christians, traditionally the same thing white or black. That anybody was surprised, says more about our current culture (very bad things) than anything else. Writing for The American Spectator magazine, Scott McKay has some thought as well.

Following the nine killed by 21-year-old ninth grade dropout and troglodyte Dylann Roof at the Mother Emanuel AME Church last week, the people of that venerable South Carolina city have given the nation one of our more inspiring spectacles — thousands gathering in prayer and demonstrating for unity and civility. Had the reaction of Charleston been the major story, the massacre — disgusting and tragic as it was — would have told us something good about the basic character of the American people.

Your author will go so far as to say Charleston’s reaction has told us something true, as well — about most of us, at least.

Unfortunately, most of us are not represented by our betters in politics, media and the cultural elite. Our ruling class missed the unity and healing in Charleston completely — so anxious were they to make Roof the epitome of the knuckle-dragging white Southerner (and Republican, at that, though there is no evidence of his membership in the GOP) and present a “teachable moment” to the American people who foolishly believe despite the presence of a black president that America has not fundamentally advanced on race since the bad old days of Jim Crow.

The left, including the President, instantly tried one more time their narrative on gun control, when America yawned in boredom in their faces, they decided that the Battle Flag of one of the most revered American armies, North or South, would be a more viable target. It is, mostly because that flag was defiled after the war and again in the 1960s for the racist purposes of the Democratic Party, and the founder of its terrorist arm, as well as some of it’s more modern members. there is a reason, why the left wants us to forget our history after all, and it is largely because of their place in it. But because it has been misused institutionally that flag is vulnerable, through no fault of its own. The same can validly be said for American history.

The Battle Flag is likely a poor choice for us to occupy that last trench, and yet at some point we are going to have to push back, or we will lose our America, its idealism, its history of trying to do the right thing, its belief that freedom is always better, and yes, its eternal optimism. So if not the Battle Flag, What? If not us, Who? If not now, When? America can never be defeated by an external enemy, neither can Christianity, both can be destroyed by a cancerous rot, and it appears to be metastasizing. To continue with Scott:

The preservation of Southern history, heritage, and culture might not seem like much of a cause to many of our readers, and that’s fine. But the same crowd howling about the racist rednecks in South Carolina and Mississippi is also demanding that students at UCLA not be taught that America is the land of opportunity, for that is also racist and thus offensive. At Cal-Berkeley, traditional American mantras about meritocracy or our country as a melting pot are now unacceptable. At Cal-Irvine the American flag itself is offensive. So are crosses on display in public places, or dogs or the smell of pork in Dearborn and Minneapolis. Or churches wishing to specialize in intersex weddings. Or “manspreading” males on New York subway trains.

This isn’t stopping at the Confederate flag. It accelerates with each victory the cultural Left achieves. And never, ever is there a price paid for its aggression.

At some point, the rest of us are going to have to exact that price. The stars and bars can go, and if Bedford Forrest, who may have been a singular cavalry officer but did, after all, serve as first Grand Wizard of the Democratic Party’s 19th-century terrorist arm, goes with it that’s not an unbearable loss to anyone’s heritage. But while we’re scrubbing the bad baggage from our culture, can we have a merciful end to the painfully stupid leftist obsession with cop-killing racists such as Mumia Abu Jamal, communist terrorists like Bill Ayers, and psychopathic Marxist white supremacists like Che Guevara? How about, as Victor Davis Hanson suggested, an end to racist Leftist institutions like the Congressional Black Caucus and La Raza? If we’re to crack down on the cultural cachet of the Old South, can we conduct a similar purge of the New Black Panthers?

Perhaps as a small token of exchange we could see a prosecution of Al Sharpton for his well-known tax evasion? Is that so awful a price?

A price must be exacted. The Left cannot be allowed its double standards and guilty pleasures on the way to unquestioned cultural dominance. If traditional America must perish under Alinsky’s Rule #4 (“Make the enemy live up to its own book of rules”), then so must the Left.

Continue reading: Cultural Tyrants | The American Spectator.

The time for the backlash is, I fear, drawing very near, and as we did on that construct of the Democratic Party, the Confederate States of America, it is likely that we will wreak a terrible vengeance on those who would destroy the very idea of America, or the dream that is America will end. And von Clausewitz did teach us, after all, that war is simply politics by another name.

King v. Burwell Pits Rule Of Law Against Rule By Decree

shutterstock_199125452-998x666In the next week, we are going to talk quite a lot about the “Rule of Law” as opposed to the prerogative power. here’s a foretaste of why it is so important.

[…] The president’s remarks come as the Supreme Court is preparing this month to decide King v. Burwell, a case that challenges whether the law ever actually authorized subsidies for health coverage paid out through federal exchanges. The details of Burwell reveal the degree to which the Obama administration’s handling of the ACA is ultimately at odds with ideals and aspirations that really are woven into the fabric of America: the rule of law and the separation of powers under the U.S. Constitution.

The ACA says plainly that subsidies may only be administered “through an Exchange established by the State.” But when it became clear that dozens of states were not going to create exchanges, the Internal Revenue Service (IRS), at the behest of the White House, simply issued a rule saying that subsidies could flow through exchanges created and operated by the federal government.

The Obama Administration Embodies Will to Power

In other words, the challengers in King v. Burwell contend that the White House illegally authorized billions of dollars of taxes and spending, circumventing Congress and flouting the statutory text of the ACA by administrative decree. The accusation isn’t a stretch. After all, governing by decree has become commonplace in the Obama era—from the ACA’s many unauthorized delays, to the president’s executive order on immigration last year, to the State Department’s recent gun speech gag order.

Continue readin: King v. Burwell Pits Rule Of Law Against Rule By Decree.

Ahem: Bill Whittle & Louis XV

Sorry guys, my antihistamine keeps me from putting three coherent thoughts together, so here’s Bill Whittle and the comparisons between King Obama I and Louis XV,

Not One of Us?

At some point, we will have to decide the question. Here is Bill Whittle’s decision.

I’m pretty much in agreement. How do you see it?

Cliven Bundy and The Rural Way

I said yesterday we were going to look at the confrontation between Cliven Bundy and the BLM today, and we are. But first I want you to read Victor Davis Hanson on it, so here it is:

Works and Days » Cliven Bundy and The Rural Way

I’m sure that Cliven Bundy probably could have cut a deal with the Bureau of Land Management and should have. Of course, it’s never wise to let a federal court order hang over your head. And certainly we cannot have a world of Cliven Bundys if a legal system is to function.

[…]

So Mr. Bundy must realize that in about 1990 we decided to focus on the misdemeanor of the law-abiding citizen and to ignore the felony of the lawbreaker. The former gave law enforcement respect; the latter ignored their authority. The first made or at least did not cost enforcers money; arresting the second began a money-losing odyssey of incarceration, trials, lawyers, appeals, and all the rest.

Mr. Bundy knows that the bullies of the BLM would much rather send a SWAT team after him than after 50 illegal aliens being smuggled by a gun-toting cartel across the southwestern desert. How strange, then, at this late postmodern date, for someone like Bundy on his horse still to be playing the law-breaking maverick Jack Burns (Kirk Douglas) in (the David Miller, Dalton Trumbo, Edward Abbey effort) Lonely Are the Brave.

But the interest in Mr. Bundy’s case is not about legal strategies in revolving fiscal disagreements with the federal government.

Instead, we all have followed Mr. Bundy for three reasons.

One, he called attention to the frightening fact that the federal government owns 83% of the land in Nevada. Note that “federal” and “government” are the key words and yet are abstractions. Rather, a few thousands unelected employees — in the BLM, EPA, Defense Department, and other alphabet soup agencies — can pretty much do what they want on the land they control. And note, this is not quite the case in Silicon Valley or Manhattan or Laguna Beach. The danger can be summed up by a scene I see about once a month on a Fresno freeway: a decrepit truck stopped by the California Highway Patrol for having inadequate tarps on a trailer of green clippings, just as a new city garbage truck speeds by, with wet garbage flying over the median. Who will police the police?

Two, this administration has a long record of not following the law — picking and choosing when and how to enforce immigration statutes, depending on the particular dynamics of the next election; picking and choosing which elements of Obamacare  to enforce, again depending on perceived political advantage; and picking and choosing when to go after coal companies, or when not to enforce the Defense of Marriage Act, or when to reverse the order of the Chrysler creditors, or when to allow Lois Lerner to destroy the credibility of the IRS for partisan advantage.

In other words, the Obama administration regularly breaks the law as it sees fit. So we wonder why a federal agency sends out swarms of armed security agents to the empty desert on behalf of a tortoise, when it could just as easily storm Jay Carney’s press conference and demand that the president promise to enforce the Affordable Care Act. Or start apprehending those who are not just violating immigration law, but also serially signing false federal affidavits or providing employers with fraudulent identities.

via Works and Days » Cliven Bundy and The Rural Way.

And that’s the real story here, isn’t it? Cliven Bundy is the old American ideal, doing what he has to do to earn a living in a hard world, asking neither for our help nor tolerating our intrusion. He may be wrong legally (by all accounts he is) but by Anglo-American history he is very nearly the ideal. A man who completely understands what Augustine of Hippo meant when he said, “An unjust law is no law at all”. I can’t speak for you, but I was raised to be a moral, upright, and just man, and so was Cliven Bundy. Crusty and hard to get along with he may be but, he is a real man, as we have understood it since at least the time of Henry VIII.

Now let’s talk about the BLM and Bundy.

I’m not sure that I have heard anyone claim that Bundy is in the right, in court he’s going to lose, and badly but that is not why he got so much sympathy. He got that sympathy mostly from people who believe deeply in the Rule of Law and he got it because the government badly overstepped it proper role. Just like Parliament did in the run up to the revolution.

First, I’m old enough that I remember when we referred to the police as “peace officers,” their role was to protect the peace and fight crime, and to do it legally within the constitution, and they did it superlatively. In that context, the government would have gotten an order from the court and the sheriff would have gone out and done what was necessary, whether it was seizing the land and cattle, or arresting Mr. Bundy. It might have come down to an armed confrontation, or it might not have, either way it would be a local story and almost instantly forgotten.

But now, what we saw was a paramilitary federal force invading like an occupying power with armored vehicles, air support, snipers, and all the appurtenances of modern war, to effect a civil settlement. The means were far beyond the object, and people reacted as Americans always do, against the overreach of arbitrary government power, and so like in Lexington, 239 years before almost to the day, an opposition gathered. And like that day, the government caved, at least for the moment. I also suspect more than a few BLM agents wondered what they were doing there but, that’s another story. And parenthetically, so did the British Regulars on that day.

That’s one thing that must always be remembered, American are very jealous of our freedom, and even the appearance of infringing it brings an immediate reaction. I found it quite telling to see the pictures of the opposition, with not only the national colors flying but, also the colors of every armed service of the country. These were men that know what it is to fight for freedom, and are far better trained than paramilitary federal forces. In the old phrase that has come down from the Civil War, “They have seen the elephant”.

I have said before that America is very tense, right now, and it is. It feels very much like the prairie does before a big thunderstorm. If the government is wise, it will do whatever it must to reduce those tensions. Given the isolation of the government from the people, which is hardly less than that of Parliament was from the colonies, I have little hope of that.

And thus after a long detour we come back to Sen. Reid’s comment. I and many like me see Mr. Bundy as wrong on the issue but right to resist. In truth, we see the government as acting like an occupying power, and are beginning to think of the government as the enemy of the people.

It is hurtful to the peace of the realm when government officials attempt to make us “the other” because that status (and we know this) removes any liability for anything done to us, it also works in reverse, and that is inimical to peace.

What we really have here is the clash of cultures. One is the old traditional do-it-your-way, mostly rural America, where men are men, and not interested in your forced government charity. The other is the progressive nanny state, which looks a lot like France. This is the baseline battle in our culture, and on it depends the future of America, the free world, and liberty itself.

The real endangered specie here is not some tortoise,

it’s the American.

[Update: Dan Miller has some very good thought on this as well, here.

and Kevin D. Williamson has a very good article at NRO on it as well]

 

 

Enhanced by Zemanta
%d bloggers like this: