Just Living Your Life... Under the Watchful Eyes of the Swamp

 “A ship is safe in harbor, but that's not what ships are for.”  Writing in 1928, John Shedd wasn’t really talking about ships. He was talking about life.

Years ago, my girlfriend and I went to see a movie.  What we saw, I’ve no idea, but I do know we had a terrible time, and it had nothing to do with what was on the screen and everything to do with what was going on in the theater. People were yelling at the screen, talking to each other, and smoking. My girlfriend mentioned the smoking, and I said that if that was the only problem we encountered, we’d be lucky, as I’d recently witnessed a bloody knife fight between two girls over a baby-daddy in a nearby theater.

I mention this because when you think your life may be in jeopardy, it’s hard to enjoy entertainment, and enjoyment is the whole point of movies. Movies require your buy-in for success, you must turn off reality and connect with the characters.

If you can’t do that, you can’t enjoy the movie. If you’re worried that someone’s going to pull a gun or set the place on fire, you’re going to be too busy scanning for danger to become engaged with what’s on the screen. You’d end up doing little more than wasting your time and money.

Just as movies require your buy-in and focus for success, so too does life. And that’s a problem with 21st-century America and the always-on-everywhere swamp. The danger is not so much that Big Brother is watching and trying to control our every move. He/it doesn’t have to. Our knowing that the state could be watching or listening is enough. It’s called the “Chilling Effect”, basically the government doing something that chills citizens’ willingness to exercise their constitutional rights for fear of reprisals.

Think about it this way: If you think it’s tough to enjoy a movie when you’re worried about what’s going on in the theater, imagine how difficult it would be to write a compelling, engaging movie with a critic holding a club looking over your shoulder the entire time. Well, that’s you trying to live your life.

How different would the script of your life be if you knew your every word might end up as part of some government dossier? How much could you embrace freedom and focus on having fun, sowing your wild oats, finding your passion, or risking failure to pursue some crazy dream if you were constantly wondering what some government bureaucrat with the power to throw you in prison or destroy your business or take away your kids might think? And that’s true even if you didn’t do anything illegal.

And that’s the problem. Since 2013’s Snowden revelations, we’ve known the government is actively collecting reams of data on virtually all of us. Back then, even the NY Times called it a “Threat to Democracy.” The government, against virtually the entire Bill of Rights, has and currently is looking at everything Americans do. (Want to see how much data they collect? Click here.)

Knowing our government is actively looking at emails, phone calls (or “just” our metadata, as we were assured), as well as our online surfing and purchasing habits, sends a chill down your spine. With 350 million people in the country, they’re probably not looking at you…but they might be.

And it’s not just the government. While, yes, it is the FBI, NSA, IRS, and other agencies in the alphabet soup of the state, it’s also Facebook, Google, Apple, and AT&T. It’s also the banks. Maybe the most relevant example of the banks is JP Morgan Chase—a company that recently paid $290 million to victims of Jeffry Epstein for empowering the pedophile—recently closing down the accounts of a prominent vaccine skeptic after closing the account of a religious freedom nonprofit last year. This follows a since derailed plan by MasterCard and Visa to track gun and ammunition purchases.

“But they’re private companies!” That’s technically true, but also false. They may be private but they’re often coerced by the government to do its bidding. What’s more, there’s often a revolving door with government officials that makes explicit coercion unnecessary and government service quite lucrative for potential regulators.

And so back to the life you’re living…

How comfortable are you going to be doing or saying anything that might cause the federal government (or state or local) to put you on some watchlist? You ask yourself “Should I wear this MAGA hat to that school board meeting, or should I wait until my building permit is approved?” “Should I write that blog critical of my senator, or should I wait until my nonprofit application is approved?” “Should I post pictures of my kids at the range, or should I wait until my bank approves my mortgage application?”

The reality is, citizens silencing themselves is a far bigger problem than the government censoring them. (Just think how unfunny “comedy” is today with the censorious woke scrutinizing every joke.) How many journalists or bloggers have avoided writing something or “toned it down” because they were worried they’d pay some price for offending the wrong bureaucrat?

It’s not just the words not spoken or the stands not taken that are the problem. It’s the fact that energy must be spent considering them in the first place. Living a successful life is challenging in the best of circumstances. Getting everything from an education to a job, starting a company or finding the perfect spouse and raising good kids. All take a lot of effort to do successfully, but the question is, how much harder would they be if you had to divert X% of your focus to constantly wondering what the consequences on them be if you exercised your First or Second Amendment rights?

Sure, you could simply keep your head down and not bother, but as we know from Fahrenheit 451, that actually harms society. And, even if you tried to keep your head down and go about your way, there’s no guarantee you aren’t going to end up on the wrong side of a government vaccine policy or tripped up by a school board’s constantly evolving “pronoun” policy.

At the end of the day, living a good life takes work and can be challenging, that’s particularly so in a free society. But it’s the freedom of ideas that the advancements of society, whether advocating for a legislative check on a monarch’s power, proffering a sun-centered system, or filibustering for a Bill of Rights. There’s a reason the US and the West have led the world in the growth of prosperity and advances in science and mathematics, and that reason is the freedom to exchange ideas, good and bad and otherwise.

Getting the most out of life, like enjoying a movie, depends on the ability to focus on the task at hand without fear for your safety as you do so. As the surveillance and control leviathan of the swamp grows, doing so becomes ever more difficult. Now might be a good time to start supporting candidates who vow to dismantle it before it dismantles what’s left of our freedoms.

From your Facebook passwords to Section 8 housing... why Barack Obama should be impeached for dismantling the very Constitution he swore to preserve, protect and defend.

We all know that Barack Obama was a Constitutional Law professor at the University of Chicago. He spent more than a decade lecturing on what is possibly the greatest document ever written by men. Later, when elected to the Senate and then the White House he swore to defend that same Constitution. Despite all of that, one has to wonder, does Barack Obama not actually understand the document he has spent a quarter century studying, teaching and “defending” or is he some kind of self directed progressive Manchurian Candidate? Whichever is the case, one thing is unassailable, Barack Obama is a using the power of the presidency to eviscerate the Bill of Rights. Not the whole thing mind you, but enough to turn the granite foundation of American freedom into a termite ridden balsa wood floor that could give way at any moment.

So how has Obama undermined the Bill of Rights? Let us count the ways…

1st Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press…”

Just to be clear, in this context the framers said Congress but meant the federal government because they expected Congress would make all laws and the President would execute and enforce them.

Freedom of Speech: President Obama used the IRS to quash the voices of the most rabid and politically dangerous of his opponents, the Tea Party and in doing so stole the 2012 election.

Freedom of the Press: Obama’s Justice Department purposely bypassed judicial review and secretly subpoenaed records from the AP as well as the personal phone records of a number of its editors and reporters in an attempt to discover the source of a leak about terrorist plots. This is the same Obama Justice Department that characterized routine reporting practices as criminal activity by labeling Fox News reporter James Rosen a "co-conspirator" for reporting on North Korea and then tracking both his professional and personal actions and emails. In these cases, and perhaps others yet unknown, the President and his team sought to use the police power of the state to intimidate the press.

2nd Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Right to keep and bear Arms:  The Obama administration has spent much time and effort seeking to find ways to limit American’s right to bear arms. From supporting UN treaties that require gun registration to floating the idea of forcing psychologists to report on your gun ownership, to talking about working on gun control “under the radar”, President Obama has made it clear that the 2nd Amendment is no barrier to his desire to eliminate our right to own guns.

4th Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

...to be secure in their persons, houses, papers, and effects: This is one of President Obama’s favorite targets. We’ve all heard of the NSA gathering data on citizen’s phone calls and Internet surfing habits without warrants, which would seem a crystal clear violation of the 5th Amendment. Now we discover that the Obama administration is demanding that major Internet companies turn over users' stored passwords. required to have data collecting black boxes installed. Those boxes collect a variety of data from how fast you’re going to whether or not you’re wearing your seat belt to how long it took you to step on the brake. Add to that the fact that most cars will have OnStar like capabilities and the government could pull a NSA redux and easily know everything about every trip you ever make as well as listen to everything you say the entire time.

That means that potentially a phalanx of nameless, faceless bureaucrats from the IRS or the NSA or the DHS can sit there and scrutinize your every message or like or post on Facebook or Match.com or any other social media platform. And it’s not just online.  In 2012 the NTHSA proposed that by 2014 all cars be requiredto have data collecting black boxes installed.  Those boxes collect a variety of data from how fast you’re going to whether or not you’re wearing your seat belt to how long it took you to step on the brake.  Add to that the fact that most cars will have OnStar like capabilities and the government could pull a NSA redux and easily know everything about every trip you ever make as well as listen to everything you say the entire time.

5th Amendment: …Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This Amendment too has come under particular attack by the Obama administration.

Double jeopardy:  After the jury returned a not guilty verdict in the Trayvon Martin trial, the Justice Department actually set up an email address with the specific purpose of soliciting tips so that it might help them bring charges against George Zimmerman for the same act, only under a different statute.

...private property be taken for public use, without just compensation:  Then there is the Takings Clause that has been felled by Barack Obama’s hand. In 2009, after failing to intimidate two state retirement funds who held secured Chrysler bonds, the President ignored contract law and simply took their property for the government and the UAW without just compensation.

...private property be taken for public use, without just compensation:  Finally there is the administration’s plan to achieve their diversity goals by using a variety of tools to force communities – and indirectly owners of suburban rental properties – to accept government Section 8 vouchers. Section 8 is a welfare program where government pays most of the rent and utilities for low income renters. While some landlords may be happy in the short term to have tenants whose bill gets paid on time, in the long run they and their neighbors will experience a significant “taking” of their property as the introduction of Section 8 housing almost invariably leads to dramatic increases in crime rates followed by significant declines in property values.

And this of course is only a partial listing…

Barack Obama sees the Constitution in general as little more than a list of suggested rules to be considered and the Bill of Rights in particular as a Maginot Line to simply be bypassed whenever deemed necessary. The unfortunate thing about all of this is that federal power is like Pandora’s Box, once it is unleashed, it’s almost impossible to rein in. The perfect example of this was last week’s House bill seeking to limit the NSA’s power to spy on Americans. It failed.

What makes this particularly unseemly is the fact that the Bill of Rights was the key to the ratification of the Constitution in the first place. Had it not been for the Massachusetts Compromise it’s likely that the Anti-Federalists would have carried the day and the Constitution would never have been ratified.

Given the central role the freedoms codified in the Bill of Rights have played in the triumph and prosperity of the United States, it’s no wonder that Barack Obama seeks to disembowel it. In 2008 he promised to “fundamentally transform the United States”. He has achieved his goal. Thanks to Barack Obama, in 2013, before a citizen can begin thinking about setting off on some new adventure, begin solving some new (or old) problems, begin dreaming of new ideas or innovations, consider starting a new company or doing any one of the millions of things Americans have done for centuries, we must now stop and wonder what that act might look like if it were pulled out of context by some apparatchik, wonder how our private conversations might sound if heard by a government lawyer who knows nothing about us and for whom those words were not intended, wonder what might befall us if we criticize the government or what might become of our investments if they end up on the wrong side of some government redistribution scheme… In other words, we have to imagine we're living in George Orwell's 1984. 

All of that is by definition the opposite of freedom and they are the kinds of fears dictators seek to instill in their subjects. That is exactly why the Founding Fathers insisted on a Bill of Rights as the price for the ratification of the Constitution with its federal system. Barack Obama has driven a knife through the heart of the freedoms Americans fought and died for for centuries and he should be impeached for dismantling the very Constitution he swore to preserve, protect and defend.

NSA, FBI, IRS and the 4th Amendment: Why freedom matters…

I remember once when I was in college I took a trip home to the DC metro area with my girlfriend. She and I went to the movies not far from where my mother lived in a rather rough part of town called Capitol Heights, MD. I have no idea what we saw. I do however remember that we had a terrible time, and it had nothing to do with what was on the screen and everything to do with what was going on in the theater.

Not long before this at a different theater a few miles away in Oxen Hills, MD. I was standing in line with a friend and I saw two teenage girls fighting not 10 feet away. I grabbed one of the girls and someone else grabbed the other. That’s when I noticed that the other girl was bleeding profusely and the girl I grabbed had a 12 inch steak knife in her hand. It was something about a baby’s daddy is all I knew. Needless to say we didn’t see a movie that night.

So at this different theater we were hoping for better results. As soon as we sat down I wasn't so sure. People were talking to the screen, smoking in the seats and being rather raucous. My girlfriend mentioned the smoking and I said that if that was the only problem we encountered that night we would count ourselves lucky.

I mention all of this because when you think your life may be in jeopardy, it’s hard to enjoy entertainment… and that’s the whole point of movies. Movies require your buy in for success. They require you to turn off reality. They require you to become connected with the characters. They require the suspension of disbelief and much more if you are to get everything out of the movie and enjoy two hours of entertainment.

If you can’t do any of those things you can’t become engaged in the movie. If you’re worried that someone’s going to pull a knife, a gun or set the place on fire, you’re going to be busy looking around to scan the theater, listening for commotion or trouble and generally paying attention to everything but what’s on the screen. As a result you'd probably miss much of the storyline and likely would end up doing little more than wasting your time and money.

Just as movies require your buy in for success, so too does life. And that’s the problem with all of this seemingly ubiquitous government surveillance. The danger is not so much that Big Brother is watching and trying to control our every move. They don’t have to. Our knowing they could be is enough. Somewhat like the Observer Effect in physics, the observing itself impacts the people being observed.

Think about it this way, if you think it’s tough to enjoy a movie when you’re worried about what’s going on in the theater… imagine how difficult it would be to write a compelling, engaging movie while the whole time a government agent is standing over your shoulder. Whether you realize it or not, you’re writing that movie... it’s your life story.

How much different would your story be if you knew your every word and action might end up as part of some government dossier on you? How much could you embrace freedom and focus on having fun, sowing your wild oats, finding your passion, or risking failure to pursue some crazy dream if you were constantly wondering what some government bureaucrat with the power to throw you in prison or take your kids away might think of it?

And that’s the problem. Knowing our government is actively looking at emails, phone calls (or "just" meta data in some cases) as well as our online surfing and purchasing habits sends a chill down your back. With 315 million people in the country they're probably not looking at you… but they might be. Imagine you’re a journalist pursuing a story on the undue influence a company or union is having on a piece of legislation. How hard are you going to dig knowing officials could be watching? Or maybe you’re staying in a loveless marriage for the sake of your children but you have a mistress who makes you happy. Maybe you’re visiting a website of a fringe candidate who has some ideas you agree with but others you don’t. Maybe you’re unhappy with your job and are spending a lot of time on Monster.com.  Maybe you're researching erectile dysfunction.  Or perhaps you’re inventing a technology that will put a big government contractor out of business. How many of these things or others would you think twice about doing because you’d be worried about government snoops twisting your motives into some sham case or sharing your info with your family or neighbors or employer or anyone else?

We already know that government regulations touch virtually every aspect of our lives, but most of us apparently believed the fiction that we had a 4th Amendment right against unlawful searches and could therefore mitigate our exposure to government control. As the IRS scandal showed, there are instances where we have no choice but to interact with government, and the more they know about you the more force they can bring to bear on that engagement. The combination of a heavily regulated society and an all knowing government make for an oppressive mix.

Living a successful life and finding happiness are difficult enough in the best of times, when we spend our days trying to focus on making the best decisions for ourselves and for our families. How much less successful will we be if we now have to worry about what some faceless government officials think about our activities and what the consequences of their opinions will be? Is that really a recipe for a successful and fulfilling life?

Maybe your name will never land on the desk of some partisan or self-serving rouge government official’s desk. But that’s not the point. When the fear that it might is enough to cause citizens to change their behavior, the damage is already done. It’s difficult to imagine a more effective way to throttle back the freedom and creativity that made the United States the most successful and prosperous nation in the history of the world. All of this is particularly troubling today as technology is changing the world at an unprecedented rate, and it’s only getting faster. If the United States seeks to maintain its primary position in the world, it will require its citizens to be as focused on creativity and success as they can. It’s hard for them to do that as they're nervously worrying about Big Brother lurking around every computer monitor, phone line and street corner…

The Police State of Obamaville...

When people think of a police state, they usually think of heavily armed, uniformed police kicking in doors and dragging out family members in the dark of the night. A police state doesn’t require police kicking down your door… at least not in the beginning, particularly when one is evolving from some other form of government, say for instance a constitutional republic. I’m not sure any police state ever came about as a result of some politician saying “When I get elected I’m going to use various elements of the government to take away your civil liberties, oppress my opponents and crush any opposition.” Typically dictators come to power promising to restore order amidst chaos or empowering the people against a tyrannical or corrupt regime. Putin was seen as bringing order to a crumbling Russia while Castro led a revolt against the corrupt Batista and Ayatollah Khomeini overthrew a hated monarch.

But this is the United States and by definition it could never become a police state.

But just for argument’s sake, let’s imagine someone had designs on becoming a dictator and wanted to turn the US into a police state, what kinds of things might be helpful? Obviously no dictator worth his salt wants to have opponents running around shining a light on his actions or stirring up the population against him or his policies. If only there was a way to keep opponents quiet. One way might be to choke off their funding by keeping them from raising much money and by intimidating their supporters. Check and check!

Of course, what good is being dictator if you can’t listen in to what subversive things people are saying about you… or anything else? Not much. As such it would be great to have a program where the government could listen in on every single phone conversation going on in the entire country… Not just when citizens are talking to known terrorists overseas, but simply when they are talking, period.. Check! But young people barely talk on the phone anymore… all they do is text, so you’d want to make sure you can see what’s going on there too. Check!

Unfortunately for you, every conversation in the country doesn’t occur on a phone as sometimes people still actually talk face to face. You might consider placing listening devices everywhere so you could listen in on those conversations too. Not likely however given the logistical nightmare it would be. If only there were a way to use their phones as listening devices, even when they’re turned off. Check! And maybe you could use the phone’s GPS data to track where everyone was at any point in time… and who they were with. Check!

As popular as talking on the phone is, people still spend a lot of time on computers at home. You’d probably want to have a program that allows you to monitor virtually everything anyone does online. Check!

Of course there is more to life than just what people say to one another.

It might also be helpful if you could make it so that a big portion of the population were dependent upon a check from the government (i.e. you), that way you could use that dependency as a tool with which to keep people in line and to whip up populist sentiment against anyone who was seeking to oppose your policies. Check!

As healthcare is pretty important to people, it might be very powerful tool to have if you could figure out a way to put the government in charge of everyone’s healthcare. Need that gall bladder operation or that cholesterol medicine? Let’s see what you’ve been up to first… Check.

Finally, as every good dictator knows, it’s important to disarm your enemies and potential enemies. Here you’d have to be very creative. A national background check before someone could buy a weapon would be a place to start. This would be particularly helpful if the agency operating such a system was allowed to define who it thought might be too dangerous to own a gun. A national registration where gun owner’s names and addresses were listed would be nice, and it would tell you exactly where to go to collect the guns whenever you’re ready. Not quite yet, but working on it.

But of course this is all hypothetical. As President Obama said: “If people can’t trust not only the executive branch but also don’t trust Congress, and don’t trust federal judges, to make sure that we’re abiding by the Constitution with due process and rule of law, then we’re going to have some problems here.”

I think we have some problems here… Even if this unprecedented level of power were exercised by someone as honest and virtuous – not to be confused with perfect – as George Washington, a man who turned down absolute power twice in one lifetime, it would be a problem. Barack Obama is certainly no George Washington and in his hands all of this is a giant problem. This power in the hands as one as arrogant, perfidious and incompetent as Barack Obama is the equivalent of setting fire to the Constitution itself.

As a nation of laws and imperfect men operating in a world where millions of people seek new ways to harm us daily, there are certain things that government must do, many of which may seem unseemly in the light of day. Most Americans understand that. The America Barack Obama is creating is something all together different. If a government listens to conversations of its citizens in some limited, controlled circumstances, most Americans would accept that. If however that power is virtually unlimited, and more onerously, it is combined with a government that simultaneously seeks to control virtually every aspect of a citizen’s life, from what they can say and who they can support, to what healthcare they can get to their ability to exercise their 2nd Amendment rights to the economic opportunities available to them, then the Constitution becomes little more than a piece of framed artwork.

All that being said, we owe Barack Obama a great deal of gratitude for all of this. Before him Americans were seemingly happy to continue moving down the one way path of allowing government to take control of more and more of their lives as they deluded themselves into believing that only men of great character would control the levers of power. By demonstrating with crystal clarity exactly how fragile our liberty is in the wrong hands, perhaps Americans will come to, push back and begin reining government back into the box our Founding Fathers drew for it so that no one of any stripe can turn it into a police state. Barack Obama may well end up transforming America after all. Hopefully it won’t be in quite the way he intended.