“No legal issue arises when the United States responds to a challenge to its power, position, and prestige.” Dean Acheson , 1962, speaking to the American Society of International Law.
Dean Acheson declared 51 years ago that power, position, and prestige are the ingredients of national security and that national security trumps law. In the United States democracy takes a back seat to “national security,” a prerogative of the executive branch of government.
National security is where the executive branch hides its crimes against law, both domestic and international, its crimes against the Constitution, its crimes against innocent citizens both at home and abroad, and its secret agendas that it knows that the American public would never support.
“National security” is the cloak that the executive branch uses to make certain that the US government is unaccountable.
Without accountable government there is no civil liberty and no democracy except for the sham voting that existed in the Soviet Union and now exists in the US.
There have been periods in US history, such as President Lincoln’s war to prevent secession, World War I, and World War II, when accountable government was impaired. These were short episodes of the Constitution’s violation, and the Constitution was reinstated in the aftermath of the wars. However, since the Clinton regime, the accountability of government has been declining for more than two decades, longer than the three wars combined.
In law there is the concept of adverse possession, popularly known as “squatters’ rights.” A non-owner who succeeds in occupying a piece of property or some one else’s right for a certain time without being evicted enjoys the ownership title conveyed to him. The reasoning is that by not defending his rights, the owner showed his disinterest and in effect gave his rights away.
Americans have not defended their rights conveyed by the US Constitution for the duration of the terms of three presidents. The Clinton regime was not held accountable for its illegal attack on Serbia. The Bush regime was not held accountable for its illegal invasions of Afghanistan and Iraq. The Obama regime was not held accountable for its renewed attack on Afghanistan and its illegal attacks on Libya, Pakistan, and Yemen, and by its proxies on Syria.
We also have other strictly illegal and unconstitutional acts of government for which the government has not been held accountable. The Bush regimes’ acts of torture, indefinite detention, and warrantless spying, and the Obama regime’s acts of indefinite detention, warrantless spying, and murder of US citizens without due process. As the Obama regime lies through its teeth, we have no way of knowing whether torture is still practiced.
If these numerous criminal acts of the US government spread over the terms of three presidents pass into history as unchallenged events, the US government will have acquired squatters’ rights in lawlessness. The US Constitution will be, as President George W. Bush is reported to have declared, “a scrap of paper.”
Lawlessness is the hallmark of tyranny enforced by the police state. In a police state law is not a protector of rights but a weapon in the hands of government. [see Roberts & Stratton, The Tyranny of Good Intentions] The accused has no recourse to the accusation, which does not require evidence presented to a court. The accused is guilty by accusation alone and can be shot in the back of the head, as under Stalin, or blown up by a drone missile, as under Obama.
As a person aware of the long struggle against the tyrannical state, I have been amazed and disheartened by the acceptance not only by the insouciant American public, but also by law schools, bar associations, media, Congress and the Supreme Court of the executive branch’s claim to be above both law and the US Constitution.
As Lawrence Stratton and I show in our book about how the law was lost, liberals and conservatives chasing after their favorite devils, such as child abusers and drug pushers, and prosecutors, judges, and police devoted to conviction and not to justice, have gradually eroded over time the concept of law as a protection of the innocent, With the atmosphere of threat created by 9/11, the final destruction of the protective features of law was quickly achieved in the name of making us safe from terrorists.
The fact that we are no longer safe from our own government did not register.
This is how liberty was lost, and America with it.
Can liberty be regained? Probably not, but there is a chance if Americans have the necessary strength of character. The chance comes from the now known fact that the neoconservative Bush/Cheney regime took America and its puppet states to war in Afghanistan and Iraq entirely on the basis of lies. As all evidence proves, these wars were not the results of mistaken intelligence. They were the products of intentional lies.
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