John Nichols at the PBch Democratic Club - Part 2.

by RW Spisak Jr.

The founders, with all their faults were trying to do something profound, they were trying to break with MONARCHY.

It wasn't, that they didn't specifically like King George; they just didn't like "The Divine Right of Kings" as a principle. Despite history not being taught anymore, some of you nevertheless know the phrase "The Divine Right of Kings". It means, for those of you educated more recently, that GOD has obviously selected "THE KING", and if you reject the King, you reject GOD. Simultaneously, since GOD by definition cannot be wrong, the judgment of the KING is likewise infallible. The King (like GOD) exists in a sphere above human frailty and is UNDENIABLE, UNQUESTIONABLE, and from whose awful justice, there is no APPEAL.

There were people who believed that if you denied the infallibility of the King you were also denying GOD, and would be struck down. John quipped, "Luckily they had Ben Franklin on their side, so they knew how to deal with bolts from above". This was an incredibly bold and dangerous proposition. Since religion had previously been woven so tightly to political authority in most monarchies, making this clean break with state religion was part of the rejection of the "Divinity of the King". Furthermore placing the Law above the executive would also work toward reining in those who would otherwise abuse their governing authority. Thus also the theory of balance of power worked to further limit the power of any single branch of government. Each of these steps were crucial in moving toward the shared civic rule of a representative self-government.

They wanted to establish a system of government in this country that could never be monarchical again. One of the most significant points of departure, was to never again, have one man able to send his subjects to war without the support of the people, and their elected representatives. Never to allow one man to unilaterally decide, that he would spy on the people without legal oversight, or without respect of the rule of law. Never again would an executive governing authority be permitted to order torture, or detention of his people without the oversight of the courts. Never again would this country have a King who could by "Royal Fiat", vitiate or throw out the rule of law, with a signing statement and a stroke of his pen. Never again would the people of this country bow down before the whim of a king.

But in America for the last eight years everything the founders fought for and believed, has been trashed, torn apart, and spit on by a group of "rank criminals", who came to office illegally, and never stopped governing illegally.

The Constitution of the United States says you cannot go to war, without a Declaration of War, made by the Congress of the United States. The House and Senate must declare war. Iraq is an illegal war. Nichols then reminded us "I must say to Mr. Obama, the same is true for Afghanistan". The way to spell Viet Nam in the twenty-first century, is Afghanistan. The Afghan people have never been defeated. They beat Genghis Khan, they beat the British, the beat the Soviet Union, not because they're noble, but because, they know those hills and they know how to wait. And inflict terrible damage while they wait.

Addressing terrorism he then stated, "I don't live in some fantasy land. We have to fight terrorism, we have terrible threats to this republic, and we must defend ourselves, but a massive force occupying Afghanistan will not end terrorism, and it will inevitably bring tremendous harm to Barack Obama's ability to govern".

The Constitution says you cannot spy on anyone without legal oversight and a specific judicial ruling. The Fourth Amendment* goes further to state, Congress cannot even pass a law, that says you can spy on people, without these constitutional restraints, it's very strict on this. Senator Russ Feingold chair of the Senate Sub-committee on the Constitution says, every call you make on your cell phone is monitored. Every call is listened in on. If you have internet on your cell phone and send an email, it is also monitored, text messages are monitored. Twitter is monitored. Every email and every electronic conversation monitored in complete contravention of the Fourth Amendment. There is no electronic communication you can engage in today that is not monitored. And yet there is no legal authority for that monitoring. The past eight years the Constitution's Fourth Amendment has been ignored and violated by the Bush Administration which has been engaged in comprehensive, unauthorized, and illegal spying on all electronic communications.

The Eight Amendment** of the Constitution prohibits torture of persons in custody, of the U.S. Government. The language is unambiguous, it issues a prohibition against "CRUEL and UNUSUAL PUNISHMENT." Nichols' ironic comment, "Call me crazy, but I think torture's cruel!" The actions, by the Bush government in Guantanamo, Bhagram, and in the Extraordinary Rendition Centers (Where we take prisoners and drop them off for a third party to torture***) and then after the dirty work is done, collect the bloody damaged remains. These actions are strictly forbidden by The Eight Amendment, and our country has been in direct violation of it, since these activities, which were hatched like poisonous reptiles in the bosom of the Bush/Cheney White House. Under the direct orders of George Bush.

One of the most important reasons for the Revolution in 1776, was opposition to the notion that a King, could unilaterally decide what laws he would and would not obey. The founders opposed the idea that the King could by his whim, decide what laws he would observe. George Bush, has attached over 800 whims, (signing statements) to laws passed by Congress. George Bush, over 800 times, has said that he will not obey these laws, passed by Congress because he has decided he is above the law. We have had monarchical governance for the last eight years. Nichol said, if it was up to him, Congress would be called into session immediately, to IMPEACH George Bush and Dick Cheney.

Nichols made the point, that while some might complain that it's a slow and cumbersome process. He disagreed, saying the founders wanted it simple quick and easy. Like surgery a quick incision, and removal. Impeachment is mentioned six times in the Constitution. You can be impeached while in office, or while you are enjoying any of the benefits of office. George Bush and Dick Cheney after leaving office in January will receive pensions, office and security support and therefore, will be getting more benefits in retirement, than most of us receive in our full working life. Therefore they will remain IMPEACHABLE.

Some might suggest that we might await an International Law Tribunal, or some allied country to draw up charges, and well they might. Nichols very soberly suggested the Bush/Cheney Regime, is our mess and we need to stand up take responsibility and clean it up. "Maybe someone in France, might do the RIGHT THING" he proffered, ironically. "No" he said, "the American people have the power to demand Congress take it's responsibilities seriously. These men must be held to account! Unless we do, their lawless and cruel stain will remain a shadow on our great country.

* The Fourth 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.

** The Eight Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

*** Part of that whole Out Sourcing & Privatization Mission of the Radical Corporatists from KBR, Haliburton, Bechtel and everyone favorite mercenaries, and Clinton Library Donatees... BLACKWATER.


Additional Links & Materials
-----------------------------------
Spying on Americans
Bush Regime defends spying
Bush Regime defends Illegal Spying
FISA "Amendment"
Spying on Americans - New York Times Editorial
Comprehensive List of George Bush's "Signing Statements"
Bush challenges hundred of laws - The Boston Globe
Presidential Signing Statements - a report by the Congressional Research Service (PDF)
ABA President says Potential Misuse of Presidential Signing Statements poses a Threat...
Interview with Charlie Savage Pulitzer Prize Winner Reporter for his reporting on Presidential Signing Statements
The Charters of Freedom

John Nichols spoke

by RW Spisak Jr.
12/13/08

John Nichols, Constitutional Scholar and writer for the Nation spoke before the assembled Democrats of Palm Beach at the Kravitz Center Saturday December 13th. He had several kinds of good news.

The noted Impeachment Scholar had much positive to say about President Elect Obama, whom he'd interviewed several times over the last four years. He posed a riddle early on, what do President Elect Obama and Vice President Elect Biden have in common, besides marvelous powerful mothers?

He was pleased to find an audience member (one of the Raging Grannies whose performance opened the presentation) knew that both President Elect Obama and Vice President Elect Biden are well respected Constitutional Scholars.

He marveled at how changed were our circumstances by this past election. He said if at his last visit, in 2006, he'd suggested that a relatively unknown Junior Senator from Illinois, son of a well educated single mother, and African American, would be elected President, he'd have been laughed off the stage.

He continued his assessment of the 2008 election with a brief discussion of the incredible forces that came together to bring the American people to a place where they could select Senator Obama as our president. He said, it was a convergence of both a rejection of the policies of a know-nothing, fear first, son of privilege as well as the comprehension that in President Barack Obama we have a highly thoughtful, intelligent and gifted man. He said that here was a man who could move Americans with rhetoric. This allowed him a broader set of tools to motivate Americans, beyond the simple fear and hate repertoire of the former highly inarticulate president.

He also said, we're very fortunate to have in both the House and Senate Constitution Committees, very wise and committed Constitutionalists; Rep Jerrold Nadler and Russell D. Feingold, Wisconsin (Chairman) US Senate Committee on the Judiciary, Constitutional Subcommittee.

He mention the recent appointment of proposed Energy Secretary Steven Chu, Physicist, 1997 Nobel Prize Winner, and Lawrence Berkeley Lab Director since 2004. Imagine he said, a Cabinet official with a Nobel Prize, a man in favor of science instead of appointments that run from science. He was chosen because President-Elect Obama wants to emphasize competence and science - WOW! he said, we already have change!

Imagine selecting a cabinet secretary based on intelligence and competence rather than fantasy and B.S.? Now that's PROGRESS!

He congratulated Palm Beach County on finally having it's votes counted. Even more progress!

We are always in momentous times and one of the most momentous problems facing us right now is the auto industry bailout, or loan. Those Southern Senators are primarily opposed to UNIONS. In less that a week they voted to send 750 Billion Dollars, with no strings attached to the CORRUPT BANKERS AND TRADERS on Wall Street, but it's taken over a month and they still haven't voted a mere 14 Billion to save the jobs of tens of thousands of Auto Workers and all the businesses that depend upon them.

Its the same old story of the Corporations versus the workers. We know that one. We have to be passionate, about helping the union auto workers. We need to make sure that everyone of the autoworkers keep their jobs!

It was the UAW that literally sent Union leaders to Alabama to bail out Dr. King and other civil rights leaders. It was black and white UNION Autoworkers who advocated and agitated to get Nelson Mandela free from Robin Island Prison.

When after his release in 1990 he travelled to America and he had three stops. He spoke in Congress (where the opponents of sanctions crowded around to be photographed with him) and on Wall Street, (after all, South Africa has GOLD and DIAMONDS), his third stop was in Michigan at the Ford Rouge Plant where he wanted to personally thank the Union AutoWorkers who worked tirelessly for his release and an end to apartheid, in South Africa. Black and White UAW members in Dearborn were the first organization to oppose apartheid and demand his release. He insisted on thanking them before he went home.

John also spoke very warmly in support of the Women's International League of Peace and Freedom. He asked if people knew of it's history. WILPF's regional president Susan Moseley had spoken eloquently during the opening remarks and issued a passionate call for support and membership. WILPF founded in 1915, has worked for nearly a century to end war, reduce violence and achieve full women's rights.

He raised the subject of the open Senate seat in Illinois, and how he had advocated a special election there to fill the seat, because no one should take a seat in the Senate unless they had been placed there by the people in an election.

The only way he kept sane the last eight years, was by living in large part in the 18th century, in an indepth study of the writings of the founders. They were trying to do something that had never been done before. They were rejecting the Divine Right of Kings. Previously the main theory of government during the age of monarchy was the belief that GOD had selected the King. Thus by challenging the King, you were challenging GOD. Further, if you rejected the King, you were rejecting God.

How dangerous, how radical, that they strove to put an end to the "DIVINE RIGHT OF KINGS". The founders weren't saying, they didn't like personally like King George. They were rejecting the principle of the Divine Right of Kings. There were people who were taught and literally believed that if people rejected the King, they could be struck down from on high because rejecting the KING was exactly the same as rejecting GOD.

The founders were determined that they would never serve a KING! They would never have a man who could unilaterally send his people, his subjects, to war with out their approval and participation. The people would have a say.

[END PART 1]

Supplemental Materials

Lawrence Berkeley Lab Director Steven Chu Nobel Prize Winning Physicist

FOIA DOCUMENTS OBTAINED BY ACLU ON IRAQI DETAINEE ABUSE

Limitations Under Consideration of Un-Constitutional Blanket Pardons

Center for Constitutional Rights