May 29, 2012 | Constitution
By Dr. Harold Pease
Are body cavity searches constitutional? In the recent Supreme Court, decision Florence v. County of Burlington, the Court ruled 5 to 4 that law enforcement may strip search those arrested for even minor infractions before incarceration, “even if the officials have no reason to suspect the presence of contraband” (Adam Liptak, Supreme Court Ruling Allows Strip Searches for Any Arrest, New York Times, April 2, 2012).
This is not particularly new, as the Supreme Court had previously ruled in 1979 that “visual body cavity searches of all detainees after they had contact with outsiders,” was permissible. In practice, however, lower courts had ruled “the prison had to have a reasonable suspicion that the arrestee was concealing contraband before subjecting him to a strip search upon entering the facility” (Glenn Greenwald, The Obama DOJ and Strip Searches, New York Times, Apr. 3, 2012).
But the Obama Department of Justice and five conservative justices (strange bedfellows) both wanted a blanket, more universal policy. When you have a rule that treats everyone the same you don’t have folks that are singled out. You don’t have any security gaps,” argued Justice Department lawyer Nicole A. Saharsky. So now everyone arrested is subject to possible strip searches on the discretion of law enforcement alone.
The Fourth Amendment to the U.S. Constitution reads in part, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Clearly the states, who initiated the Bill of Rights as a condition of their acceptance of the Constitution, had had negative experiences with government overreach with respect to “unreasonable searches” and wanted no such practices from the new government they were creating.
The issue of naked body searches for minor infractions came to a head when Albert W. Florence, a passenger in a car cited for speeding, was arrested and detained for an unpaid fine (which, unknown to the arresting officer, he had in fact paid). In the process of confinement over the next week he twice was made to remove his clothing and squat, cough and “spread your cheeks.” He found it humiliating and sued. Certainly he did not feel “secure in his person” as guaranteed by the Fourth Amendment.
He is not the only victim of this practice. Unfortunately, “according to opinions in the lower courts, people may be strip-searched after arrests for violating a leash law, driving without a license and failing to pay child support.” In his minority argument Justice Stephen G. Breyer “wrote that people have been subjected to ‘the humiliation of a visual strip search’ after being arrested for driving with a noisy muffler, failing to use a turn signal and riding a bicycle without an audible bell.” He even noted that “a nun was strip-searched…after an arrest for trespassing during an anti war demonstration” (Liptak).
With respect to the Fourth Amendment a list of areas of potential wrongs is sandwiched between the words secure and reasonable, with person being the first area noted. If government can force one to open butt cheeks, he decidedly, is not secure in his person. Also notice the passion exemplified by the words, “shall not be violated.” There is no give on this Justices. If the Founders felt so strongly with respect to their effects, obviously they would have even stronger feelings about their own bodies. As far as I can tell the British government never required a naked search. This is excessive and unreasonable.
So to answer the question, “Are body cavity searches constitutional?” No! Neither the republican dominated justices nor the democratically controlled Department of Justice have any constitutional right from the Fourth Amendment to force body cavity examinations for any purpose, more especially for minor infractions that have nothing to do with contraband. Government must return to the states, as prescribed in Article V of the Constitution, and get ¾ th of the states to agree upon a new amendment that authorizes this practice. In the process there will be much debate and other courses of action found that can work to keep contraband out of our prisons without emasculating the Fourth Amendment of the U.S. Constitution and searching fecal cavities.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his articles, please visit www.LibertyUnderFire.org.
http://www.brasschecktv.com/page/10337.html
http://www.brasschecktv.com/page/10337.html
May 18, 2012 | Immigration, Take Action, Taxes
By Dr. Harold Pease
An atomic bomb like story dropped April 27, when Channel 13 Eyewitness News, an NBC affiliate in Indiana opened with “Millions of illegal immigrants are getting a bigger tax refund than you. Eyewitness News shows a massive tax loophole that provides billions of dollars in tax credits to undocumented workers and, in many cases, people who have never stepped foot in the United States. And you are paying for it!” Bob Segall, narrator of the news segment 13 Investigates, begins with the disclosure of a longtime tax consultant, who produced thousands of tax returns easily documenting his claims, from illegal immigrants.
Everyone employed in the U.S. is required to pay taxes. Because illegal immigrants do not possess a social security number the IRS gives them an individual taxpayer identification number, or ITIN. The tax loophole deals with the Additional Child Tax Credit “meant to help U.S. working families who have children living at home” by giving them a credit of up to $1000 per child. The problem is that illegal immigrants have learned that they too can claim this and are doing so for kids in Mexico who have never lived here—lots of them. The whistle blower showed the television station refunds of $10,300 for nieces and nephews of one filer, yet another $11,000 for his nieces and nephews. “I can bring out stacks and stacks,” the tax consultant said.
Eyewitness News selected one of the cases and found multiple adult illegals even using the same filing address. “One of the workers, who was interviewed at his home in southern Indiana, admitted his address was used this year to file tax returns by four other undocumented workers who don’t even live there. Those four workers claimed 20 children live inside the one residence and, as a result, the IRS sent the illegal immigrants tax refunds totaling $29,608.” The reporters found only one child actually living in the mobile home. When they asked were the others were they were told that they live in Mexico. In fact, they had never lived here. An interview of other illegals revealed that both, filing under false address and listing children who had never been in the U.S., was not uncommon.
The reporters next interviewed Russell George, the U.S. Department of Treasury’s Inspector General for Tax Administration and learned that “the IRS has known about the problem for years,” that he himself has repeatedly warned them and still they have done nothing about it. Last year the Inspector General “released a new report showing the problem now costs American tax-payers more than $4.2 billion.” He added, “Millions of people are seeking this tax credit who, we believe, are not entitled to it.” How big is the problem? The Inspector General continued, “undocumented workers filed 3.02 million tax returns in 2010. Seventy-two percent of those returns (2.18 million) claimed the additional child tax credit.” And then he added another bombshell. “In 2010, the IRS owed undocumented workers more in claimed additional child tax credits than it collected from those workers in taxes.” You might want to read that last sentence again.
The reporters were rebuffed at every attempt to interview the IRS. “Despite repeated phone calls, e-mails and a visit to IRS headquarters in Washington, the agency said none of its 100,000 employees had time to meet.” Finally, in an email the IRS did admit that this practice was known to them for over a decade but that they were only following the law “as it is written.”
This explanation did not satisfy the tax consultant either, who said that he repeatedly informed the IRS of other discretions practiced as well, such as the filing of “phony documents and false income to claim tax credits.” They did not care about that either. “These were fraudulent, 100% fraudulent tax returns, but I got no response; absolutely none. We never heard a thing.”
Obviously the IRS does not care and is an accomplice in fraud to the tune of $4.2 billion a year. The next question is does Congress care enough to investigate, and reign in its unruly 1913 creation, or is it corrupt as well? Why not ask your congressman if he will take the lead in this investigation.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his articles, please visit www.LibertyUnderFire.org.
May 11, 2012 | Globalism
By Dr. Harold Pease
Time magazine’s April 23, 2012, edition featured a cover story called “The World’s Most Exclusive Club: The Secret Society of Presidents” by authors Nancy Gibbs and Michael Duffy. The cover shows a shot of President Barack Obama walking with his hands affectionately on the backs of former presidents George W. Bush and Bill Clinton. Inside is a photograph of the most recent five presidents from Jimmy Carter to the present, all laughing and enjoying each other’s company as if they had always been fast friends.
The piece was mostly a series of “profiles in cooperation” as incident after incident was cited from Herbert Hoover to the present (excepting Franklin D. Roosevelt and Ronald Reagan about whom nothing was disclosed) on how past presidents had been able to forget their differences and assist new presidents because they alone knew what the current presidents were going through. It was as though there had never been any differences once they left office. The sincerity of their coming together appeared genuine.
The article refers to it as “the President’s Club” complete with a clubhouse, exclusively for only past presidents, conveniently located at 716 Jackson Place, just across the street from the White House on Lafayette Square. Richard Nixon converted the century old house into a clubhouse “mainly to keep LBJ [President Lyndon Baines Johnson] happy when he was in town,” the authors noted. “For reservations, you need to call the White House, and only four men are eligible to check in.” This way the current president always knows when his counterparts are in town and can arrange consultation if wanted. All costs for maintenance, housing, food and etc. are picked up by the taxpayer.
This long-standing comradery may surprise readers but this is not the only “most exclusive club” that each participates in. All presidents from Herbert Hoover on have either been members of, or had a close relationship with, the Council on Foreign Relations in New York City. When a president is not a member himself, his vice president is. Virtually all of our secretaries of state, United Nations ambassadors, and ambassadors to Russia and China have been members of this Wall Street special interest group since the Hoover administration in the late 1920’s. Moreover, CFR members largely fill all presidential cabinets.
This is why there is so little difference in foreign policy between democrats and republican presidents. They get their advisors from the same Wall Street special interest group. They all support extensive foreign aid, policing the world with over 900 military bases in other lands, and continual wars without declaration or pre-established end. Likewise, they all support bank bailouts and their management of the money supply through the bankers own private Federal Reserve Bank.
Obama’s Secretary of State, Hillary Clinton, probably admitted more than she was supposed to in her address at the recent dedication of a branch CFR in Washington D. C. when she said that her source of direction was the CFR sub-center down the street. “I am delighted to be at these new headquarters. I have been often to the mother ship in New York City but it is good to have an outpost of the Council right here down the street from the State Department. We get a lot of advice from the Council so this will mean that I won’t have as far to go to be told what we should be doing and how we should think about the future.”
Notable political scientist Lester Milbraith observed in his work Domestic Sources of Foreign Policy, p. 247, that “the influence of the CFR throughout government is so pervasive that it is difficult to distinguish the CFR from government programs.” Prominent political scientist Thomas R. Dye in his textbook Who’s Running America? The Bush Restoration, p. 188, wrote “The history of CFR policy accomplishments is dazzling” then traced in detail their dominating role in foreign policy accomplishment from the 1920’s through the George Bush Administration from their own boasts of success in Council on Foreign Relations Annual Reports.
What is wrong with this “secret society?” In 1954, The Reece Congressional Committee noted that its productions, “are not objective but are directed overwhelmingly at promoting the globalism concept.” How powerful was it by the time Congress first discovered its influence? It had come, they wrote, “to be in essence an agency of the United States government, no doubt carrying its internationalist bias with it” (Pp. 176-177).
Politics appears to be divided between two warring ideologies but because of these two secret societies of comradery, one providing a type of brotherhood, the other the same-shared source of direction and pool of advisors, it is hard to believe that at the top we are really divided at all. Presidents have far more commonality and bipartisanship than has been portrayed.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his articles, please visit www.LibertyUnderFire.org.
May 8, 2012 | Constitution
By Dr. Harold Pease
Several years ago, at a public debate for county supervisor in a California community, the public was invited to offer questions in writing. I did so and watched the monitor of the debate, with a puzzled look on his face, sideline my question in preference to others. I presumed it was because it had something to do with the Constitution, which, unfortunately, is considered by many an irrelevant topic at the city, county, or even state level. You are supposed to ask what “goodies” from taxpayer funding can you give to me and, is it more than your opponent. The other evening, at a similar debate, I experienced a more receptive response; at least my question was asked.
So what does the Constitution have to do with local or state issues a friend later asked? Everything!! First, it is the only document that every single elected public servant swore to uphold. So the Founders must have thought it relevant at every level.
Second, candidates at lower levels successfully rise to higher levels because of the name recognition obtained at lower levels and eventually become members of the House of Representatives and U.S. Senate, often without ever having read the Constitution they are specifically under oath to protect. When I worked as a legislative assistant in the U.S. Senate some years ago, I was certain at least 50% had never read it. Today I would be surprised if those who had read it exceeded 10%. But no one asks candidates, even while campaigning at the highest levels, when they last read it.
So tell me again why it matters? Historically, the two enemies of freedom have been, and always will be, 1) it is the nature of all governments to pull decision making power upward to the seat of government and 2) the more apathetic and indifferent the population becomes, the greater the tendency of the people to push decision making power upwards to the seat of government. When these two forces work together, it always leads to the central government eventually having all the power. The Constitution is full of “handcuffs” to keep decision-making power from getting to the top thus maximizing it with the individual. The Founders overriding philosophy of government, if it could be penned into one sentence, was, “never elevate to a higher level that which can be resolved at a lesser level.”
Even a casual look at the Constitution reveals the separation of powers on the federal level into three distinct branches the legislative, executive, and judicial—each with a specific list: for Congress it was a list of the four types of law they could make (Art. I, Sec. 8), for the president it was the types of executive functions he could execute (Art. II, Sec. 2-3), and for the Supreme Court the types of cases it could adjudicate (Art. III, Sec. 2). The lists exist so that they do not have all power in each area. The only type of federal government authorized by the Founders was decidedly a limited one. What is not emphasized, and should be, from the state, county and city perspective is that all other powers not specified belong to the states and the people as per Amendment 10.
When these limitations are not understood, the federal government is constantly tempted to steal authority from the states or counties as per its confiscating environmental, health, and education issues, which are 100%, state issues. States should use the Tenth Amendment to tell the federal government to “butt out.” “You have no Constitutional authority.” When Congress passed, and the President signed into law, the National Defense Authorization Act, December 31, both states and counties should have written Congress. “You do not have the right to void Amendments 4, 5, 6, and 8, of The Bill of Rights and the Writ of Habeas Corpus for our citizens. The military shall not arrest any of our citizens.” When President Barack Obama issued an executive order March 16 authorizing himself to declare “martial law” without any authorization from any other government, states and counties should in unison have said “not in our areas of jurisdiction without our say so! Sir! The Constitution gives you no such authority.”
City, county, and state leaders, you are our buffer from the federal government taking from you your areas of jurisdiction. They have done so for many years because you were complacent in it, or, ignorant of the Constitution. You have placed us in the position that your understanding of the document must be known before we place you in power. Our only hope now is to find leaders with Constitutional fire in their bellies to undo the precedents that you have created. All issues on the city and county level are directly or indirectly Constitutional issues. We expect you to know, and abide by, the document that you swore to uphold.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his articles, please visit www.LibertyUnderFire.org.
