We Spy or You Die Syndrome

001Several weeks ago Senator Dianne Feinstein claimed that mass spying by the NSA is lawful, effective and constitutional.  And, if calling billions of 4th Amendment violations “constitutional” wasn’t enough,  she has also introduced a new NSA “reform bill” that does nothing to reform or stop the NSA.  In fact, Feinstein’s bill gives the NSA new powers it didn’t have before. 

A few days later,  Feinstein took her message to the pages of the Wall Street Journal for more fear-mongering.  She wants you to believe that either the NSA must be allowed to continue its unconstitutional spying or you could get hurt in a terrorist attack.  Her message:  We Spy, or you die.  George Orwell certainly knew what he was talking about when he wrote,  “Politics itself is a mass of lies, evasions, folly, hatred, and schizophrenia.”

James Madison, Father of the Constitution, had some advice to stop the tyranny and it doesn’t  involve relying on the federal government to stop the federal government.

In Federalist #46, he gave us a four-step plan to successfully resist – in our states – federal actions we consider either unconstitutional, or “unpopular.”

1. Disquietude of the people:  Madison expected the people would throw a fit when the feds usurped power – even using the word “repugnance” to describe their displeasure.

2. Refusal to co-operate with the officers of the Union:   Noncompliance. The feds rely on cooperation from state and local governments. When enough people refuse to comply, they simply can’t enforce their so-called laws, regulations, or mandates.

3. The frowns of the executive magistracy of the State: Here, Madison envisioned governors formally protesting federal actions. This not only raises public awareness; executive leadership will also move things to the next step.

4. Legislative devices, which would often be added on such occasions: An example of this is the use of state and local legislation – laws and resolutions – either protesting or resisting the federal acts.

James Madison said that if a number of states followed this path it would “present obstructions which the federal government would hardly be willing to encounter.”

Judge Andrew Napolitano agreed recently.  He said if an entire state refused to comply with a federal law, this would make it “nearly impossible to enforce.”

Using Madison’s advice, the Tenth Amendment Center has put together a multi-phase plan to resist NSA.  It starts with passage of the 4th Amendment Protection Act in your state that effectively says ‘we refuse to cooperate with federal spying.’

1.  Providing Vital Resources.   The NSA is resource-hungry.  Back in 2006, they maxed-out the Baltimore-area power grid.  They were concerned that additional power needs could “cripple” their “mission,” so the hunt was on for new data centers.  The one in Utah, for example, requires 1.7 million gallons of water every single day to operate.  That water is being supplied by a political subdivision of the State of Utah.  Utah should turn off the water.  No water – no NSA data center.  The new data center being built in San Antonio, Texas, will get all of its power needs from a state-owned power company.  Turn off the power – let NSA fend for itself.  There are also  NSA locations in Colorado, Washington state, Hawaii, Tennessee, West Virginia, and Georgia.

2.  Universities as Research Centers. There are currently 166 colleges around the country that the NSA has partnered with as “Centers of Academic Excellence.” These are major research centers, advancing NSA spying capabilities.  And, they act as fertile recruiting grounds for future NSA “analysts.”  Many of these universities are state-run, and future partnership would be banned with passage of the 4th Amendment Protection Act.  Isn’t it bad enough that  they’re spying on all of us, without recruiting our kids to do it?

3.  Big Brother in your Local Police.  The NSA’s culture of suspicion is trickling down to local law enforcement.  Information collected without a warrant is shared locally through two channels, that we’re  aware of  –  the Special Operations Division and fusion centers.  Local law enforcement are also encouraged to share Suspicious Activity Reports (SAR) with NSA and other federal agencies.

Whether it’s resources like water, electricity, or sewage treatment, or research partnerships and information “sharing,” there’s nothing in the Constitution, or any case law, which requires your state to help the feds violate your rights.

Even the Supreme Court has repeatedly agreed with this “anti-commandeering doctrine.”  Relevant court cases are 1842 Prigg, 1992 New York, 1997 Printz and 2012 Sebelius.

Working together, we will send a message to people like Dianne Feinstein and her creepy friends at the NSA.  “You don’t get to scare us into giving up the 4th Amendment.”

Refuse to comply – Nullify!

“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate”  Thomas Jefferson

Source:  Tenth Amendment Center 

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