NDAA 2012: Cornerstone of Totalitarianism--"First they came for the [Islamists]..."

HOW TYRANNY IS ESTABLISHED:  
IT COMES PIECE BY PIECE UNDER THE PLEA OF "NECESSITY".

"Necessity, the tyrant's plea." --  John Milton

          "Necessity is the plea for every infringement of human freedom.  Necessity is the plea of tyrants, the creed of slaves".  -- William Pitt

Beware of politicians making use of alarmist and inflammatory rhetoric when they propose the "necessity" of new laws "to secure the Homeland".  Here's why, with a familiar quote:

First they came for the communists,
and I didn't speak out because I wasn't a communist.
Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.
Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.
Then they came for the Catholics,
and I didn't speak out because I was Protestant.
Then they came for me
and there was no one left to speak out for me

                     -- Pastor Martin Niemoller, 1946

First they came for the Islamists.  Now they are coming for Americans.

Now during the Obama Administration there has been significant talk about "home grown terrorists"--i.e. Americans, instead of just "radical Islamists" coming in from the outside.  It was the Obama Administration's Janet Napolitano (or Napolean-tano) that sent out watch bulletins like these just a few years ago which proves the danger of government assessments about "home grown terrorism".

Ever since 9/11 (that false-flag event done to change America completely as well as its global foreign policy) this blog has pointed out the dangers of America's post-9/11 government and its new unconstitutional superstructure, especially of the new Department of Homeland Tyranny (aka Security; a very fascist, anti-Constitutional Dept. that blends domestic, federal policing, usurping the States, with the Dept. of Defense), the so-called USA PATRIOT ACT (which violates 4th and 5th amendments toward totalitarian surveillance and arrest powers, and destroys personal privacy and makes ID theft easier), and the REAL ID Act (which coerces states to turn drivers licenses into National ID cards with biometrics) to name just three major changes.  All this was done by tricks in legislation and often with "must-pass" defense authorization bills and funding.  Whenever you hear about a "must-pass" piece of legislation in Congress be very worried and read the fine print. 

Well now President Obama signed what he knew was controversial very secretly this last New Year's Eve (while Americans were very distracted) after Congress passed it as "necessary to protect us against terrorism".  Buried in the fine print of the National Defense Appropriations Act of 2012, passed by our totally untrustworthy bipartisan Congress before the end of last year, was the most dangerous and unconstitutional provision that permits the arbitrary and absolute detention of any American citizen based upon the very fallible, and sometimes politically or sinisterly motivated, designation by someone in authority within the Federal government that said individual is a terrorism threat or "material supporter of" such--without grand jury, trial, or even a judge-signed warrant for their arrest.  The purpose of the Constitution is to keep Americans safe from the Government while this dangerous legislation permits the Feds to take any American citizen, by-passing all Constitutional provisions in the Bill of Rights that keeps Americans free. 

The Founding Fathers warned us about governments that do this which is why the wrote a Constitution to prevent it!  This is just another column and support of the creeping totalitarianism being erected in America under the exaggerated threat of "terrorism" (while many more Americans, including West Virginians, are reported in the newspapers to be killing each other daily) since that infamous (and conveniently date-labelled) 9/11 "catalyzing event".  How long will Americans continue to let this happen, while waving flags, by Presidents and Congressmen who have sworn to "defend and uphold (the supreme law of) the Constitution of the United States"?  The truth is that Americans are no longer "free" but like the proverbial gradually-boiling-frog-in-the-pot of a Totalitarian stew.

WHAT REPUBLICAN REPRESENTATIVE SHELLEY MOORE CAPITO SAID ABOUT IT

 When a letter was sent to republican Representative Shelley Moore Capito against this bill in December, this is the letter we received back, fully supporting what President Obama signed on Dec. 31st:

       

But contrary to Rep. Capito's letter, and writing in bold that "American citizens will NOT be detained  under this bill", while she boasted it passed the committee "with my support", the following will prove that this is not the understanding of many from both left and right politically the way this law was written!  Intentions aside, many claim that the law actually gives broad arbitrary powers to any Presidential administration or federal authority to hold any American at will contrary to their Constitutional rights under the 5th amendment.  Let us call witnesses from the right and left and let's also call Fox's Judge Napolitano (3rd video) to give their view to the reader.

BOTH LEFT AND RIGHT ARE AWAKENING TO THE TYRANNY NDAA 2012 REPRESENTS

We will now prove that this article is neither hyperbole nor partisan whatsoever but is concerned with the real freedom of all Americans under the Constitution by evidence showing growing alarms from both left and right about this tyrannical and sinister legislation.

EXHIBIT A--From the Right:  Surprisingly, but more likely because Obama is in office instead of Bush, even Rush Limbaugh gets it:




EXHIBIT B--From the Left.  Article from Counterpunch:

Why the NDAA is Unconstitutional

by BRIAN J. TRAUTMAN

Each year, Congress authorizes the budget of the Department of Defense through a National Defense Authorization Act (NDAA). The NDAA of 2012, however, is unlike any previous ones. This year’s legislation contains highly controversial provisions that empower the Armed Forces to engage in civilian law enforcement and to selectively suspend due process and habeas corpus, as well as other rights guaranteed by the 5th and 6th Amendments to the U.S. Constitution, for terror suspects apprehended on U.S. soil. The final version of the bill passed the House on December 14, the Senate the following day (ironically, the 220th birthday of the Bill of Rights). It was signed into law by President Obama on New Year’s Eve. With his signature, for the first time since the Internal Security Act of 1950 and the dark days of the McCarthy era that followed, our government has codified the power of indefinite detention into law.
This pernicious law poses one of the greatest threats to civil liberties in our nation’s history.

All Americans, therefore, should be concerned, yet the U.S. Media has been strangely silent about it.

Bush introduced Preventive War (not truly pre-emptive war upon imminent threat)--a dangerous foreign policy (offensive instead of defensive wars) while now Obama has signed into law Preventive Detention--a dangerous domestic policy.

REAL ID: Chertoff Threatens Governor (Montana), Governor Threatens Chertoff

Read this exchange! Gov. Schweitzer (D-Montana), a governor who truly fights for his citizen's constitutional freedoms, works with Gov. Manchin on the board of the Govenor's Association. Manchin has been complying while Schweitzer resisting REAL ID, as have the majority of republicans and democrats in the West Virginia legislature (see REAL ID tags). Manchin and the DMV have acted behind the scenes to stall and block any anti-REAL ID legislation. "Mountaineers are always free", if it is more than just the state Motto, is at stake.

Tell the Govenor and your legislators what you think, and take action below (DownsizeDC.org) to send your Congressmen an email on this too.

D o w n s i z e r - D i s p a t c h

---

Quote of the Day:

"Do you want our government to have the ability to track where you went, how you went, how you got there and when you got home? It would be naïve for someone to think this information will not be abused in the future. Virtually every decade these kinds of files have been used to violate people's privacy."
-- Brian Schweitzer, Governor of Montana

Subject: Chertoff threatens governor, governor threatens Chertoff

We knew that the state of Montana was resisting the REAL ID Act, but we just learned some of the details of that resistance. The story is so good we had to share it, in case you hadn't heard . . .

Brian Schweitzer, the governor of Montana, wrote a letter to Homeland Security Secretary Michael Chertoff. The letter informed Chertoff that Montana would not be complying with the REAL ID Act. Our quote of the day supplies one of the reasons for Governor Schweitzer's rebellion. In response to the letter . . .

Secretary Chertoff called Governor Schweitzer and threatened him. Chertoff told Schweitzer that Montana residents would be banned from airplanes, or subjected to severe, time-consuming inspections at airports.

The Governor countered with his own threat, "How about we both go on 60 Minutes a few days after the DHS starts patting down Montana driver's license-holders who are trying to get on the planes and both of us can tell our side of the story."

Chertoff didn't like that suggestion. He said, "I see the problem. We need to get this fixed."

So far, the "fix" involves granting Montana and all other rebellious states an extension of the deadline for complying with the REAL ID Act. But the real fix is to repeal REAL ID.

Have you protested to your elected representatives that the Secretary of Homeland Security has been threatening the citizens of states that don't comply with REAL ID? If not, please do so. You can mention the Chertoff-Schweitzer exchange in your personal comments. Ask Congress to repeal the REAL ID Act. You can send your message here.

If you've sent a REAL ID Act message recently, consider sending another "I am not afraid" message. We have a lot of new people who probably aren't familiar with our "I am not afraid" campaign. You can check it out here.

Please also consider making a donation to further our work. You can do so here.

Thank you for being a part of the growing Downsize DC army.

Jim Babka
President
DownsizeDC.org, Inc.

D o w n s i z e r - D i s p a t c h
is the official email list of DownsizeDC.org, Inc. & Downsize DC Foundation

REAL ID, A Real Threat to Gun Rights

Gun Owners of America has stated the same, but this article shows how. Like the Social Security card, now used as a national identifier for non-related purposes, REAL ID would morf beyond its stated purpose (because the SSN is one of its central components). Homeland 'Security claims absolutely arbitrary power to change its usage requirements without Congressional approval (when in fact REAL ID was only approved by tagging it to a war spending bill, without debate!). Congress therefore has created a monster beyond control.

This is another solid reason that Gov. Manchin and the legislature must pass a bill rejecting it without delay, as have a growing number of other states. The author of this article is in Pennsylvania, which is also under pressure from its citizens to outlaw and nullify REAL ID in their DMV operations.

clipped from rauterkus.blogspot.com Monday, July 21, 2008 REAL ID – A very real threat to gun rights Homeland Security claims far reaching power over your guns The long-term plan for REAL ID is to force its biometric ID functions on federal, state, local and private entities for all transactions. Thus, ID confirmation by a distant bureaucracy becomes permission for essential daily activities including banking, doctor visits, transit, school attendance and purchases -- including guns. According to the Department of Homeland Security’s (DHS) final rule handed down in January, DHS "will continue to consider additional ways in which a Real ID license can or should be used and will implement any changes to the definition of 'official purpose' or determinations regarding additional uses for Real ID consistent with applicable laws and regulatory requirements. DHS does not agree that it must seek the approval of Congress as a prerequisite to changing the definition in the future."

Arizona Joins the Revolt, Outlaws REAL ID

Next! Liberty is a threatening thing to Homeland Security. If it was really about making drivers licenses secure then the Feds would not care. But it is really about federal power and their matrix of surveillance that they want to construct that is at stake.

West Virginia needs to defend its own and the federal Constitution (4th and 10th amendments), and outlaw and nullify REAL ID in the next legislative session, irregardless of Governor Manchin and the DMV's irresponsible and unjust support of REAL ID, to defend our liberties that began on July 4, 1776.

clipped from www.azcentral.com Napolitano: Real ID a no-go in Arizona Arizona will join roughly a dozen states that have vowed not to participate in federal plans for a uniform standard on state-issued driver's licenses and identification cards. On Tuesday, Gov. Janet Napolitano signed a measure, House Bill 2677, barring Arizona's compliance with the Real ID program. In so doing, she called it an unfunded federal mandate that would stick states such as Arizona with a multibillion-dollar bill for the cost to develop and implement the series of new fraud-proof identification cards. HB 2677 is a rare recent example of broad, bipartisan agreement at the state Capitol, with the Democratic governor and GOP-led Legislature finding common ground in their opposition to Real ID. Some of that opposition is grounded in concerns about privacy and government advancement toward a national identification card. For Napolitano, the biggest issue is related to Real ID's costs for the states.

Alaska Becomes 9th State to Outlaw REAL ID

Tyrannical federal legislation has sparked another Civil War against federal despotism, and the states are seceding from REAL ID continually, essentially using the doctrine of Nullification based upon the 10th amendment of the Constitution.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Any state that respects the Constitution and freedom for its citizens will do the same. Tell Governor Manchin and the legislators to make West Virgina the 10th State to ban REAL ID and follow the supreme law they swear to uphold!

clipped from www.aclu.org Alaska Becomes 9th State to Reject Real ID Governor Palin allowed the bill to become law, effective August of this year. Real ID is a federal mandate imposing a national ID card on all Americans through their state drivers' licenses. The Real ID Act of 2005 mandates that all states have compliant identification cards consistent with federal regulations, as well as requiring that all Americans' private information be held in a giant federal database – the cost and security of which is unknown. The states' response to the passage of Real ID has been steady. To date, 19 states have passed either resolutions or statutes against the program, including nine that have opted out completely. "Alaska has joined a growing nationwide movement against Real ID As the Department of Homeland Security continues its practice of kicking the can down the road, states are continuing to stand up for their residents' privacy and reject Real ID. Officials of both parties came together to pass legislation

FED UP With REAL ID: Cato Interviews SC Gov. Mark Sanford--"REAL ID Rebels"

Great interview with the Governor of South Carolina (R) who is resisting REAL ID, that Governor Joe Manchin, State legislators, and the entire public should listen to.

He frames the controversy as between State and Federal government power, and Liberty vs. Security, consistent with the Constitution, which all swear to defend and protect:

Listen to it on the Cato Institute Daily Podcast here

VOTE: May 13th Primary Elections--Educate Yourself, Vote Your Conscience, Reject "Group Think"

Here are the links from the Secretary of State's Office to online SAMPLE BALLOTS by county for all registered parties and voters.

clipped from www.wvsos.com West Virginia Primary and General Election Ballots Find your county's candidate list or sample ballot for the West Virginia Primary and General Elections here. The lists and sample ballots are posted for viewing using the Acrobat Reader. For information about how to download and use the free reader, see Acrobat Reader Help. If your county information is not yet available, you may request a sample from your county clerk. Go directly to the county and ballot links below.

USE THE SAMPLE BALLOTS TO DECIDE BEFORE YOU GO.

Since every candidate must swear to defend and protect the Constitution of West Virginia and of the United States, think about who WILL defend the Bill of Rights the most, that ensures our freedoms, that we are losing!

We can think of a few who would be better than their rivals:

--Ron Paul (R) for President, still in race, will increase delegates for voice in national convention; strict Constitutionalist, most conservative member of Congress on taxes and gun rights, limited government, personal liberty. [McCain is a RINO neoconservative (not conservative), deceives on war hero status, does not uphold the Constitution, blindly loyal to Israel, McCain-Feingold on illegal immigration, Keating Five member, megalomaniac on war policy, CFR member (world government), wants National ID, etc.]

--Edward Burgess for Delegate (R) St. Albans--strict Constitutionalist, activist

--Bob Bastress for Supreme Court (D)--only expert on the West Virginia Constitution. This is important since many issues of the state could involve controversies on the State and Federal Constitutions; i.e. mandatory drug testing, REAL ID, surveillance cameras, PATRIOT ACT powers, mandatory vaccination laws, home schooling, free speech issues, a rogue Legislature and Governor that trample the Constitution(s) through laws and executive power (e.g. tables games, privacy rights, private property rights, law enforcement powers, etc.)

--Dan Greear for Attorney General (R)--Law education, seems intellectually honest rather than partisan as top prosecutor.

--Corey Polumbo for Senate (D)--lawyer, intellectually honest, open, admitted table games were likely not Constitutional (but voted at the end for it anyway, glaring inconsistency; better be his last)

--ABSOLUTELY NO on Shelly Moore Capito (R) for US House of Reps--did not defend and uphold the Constitution on REAL ID, USA PATRIOT ACT, Military Commissions Act, domestic surveillance, unjustifiable Iraq and Afghan wars (for neocon regime change, not threats to US), gross overspending of tax dollars, Abramoff (convicted) recipient, Scooter Libby (convicted) supporter, partisan instead of Constitutional, lack of oversight in Page incident, little evidence of weighing constituents views contrary to party loyalty, liberal on social issues (abortion, government health care), not strict enough on 2nd amendment rights.

--ABSOLUTELY NO ON ANY INCUMBENT WHO VOTED FOR LEGISLATIVE PAY RAISE.

--VOTE AGAINST MANCHIN FOR GOVERNOR, who does not uphold the Constitution on REAL ID (4th and 10th amendments), free speech (signed unconstitutional ethics legislation in first month; threatened, intimidated Blankenship who ran ads against him, settled out of court), violated State Constitution on table games, 4th amendment privacy rights (favors mandatory drug testing; traffic surveillance cameras across state began in late 2007), heavy taxation (WV ranked 4th in total taxes as fraction of population income, with high food stamp population, highest State gas tax, corrupt anti-constitutional casino game tax scheme; credits himself on food tax, but resisted it, forced it to be gradual only; state is rich in revenue while people are comparatively poor), is partisan instead of law and issue oriented, political ambitions over good of West Virginians, arrogant (self made inaugural parade) and extravagant (Christmas parties at state expense, Gov. Mansion remodel, new gold dome) relying on political "noble family" status while feigning "buddy", flag waver instead of Constitutional defender, uses State money for subtle personal travel (bowl games, plane trips, extensive foreign travel), cronyism for political appointees (frankly, alot of Italians in key positions of power--see Knights of Columbus; wife and brother in state positions), Knights of Columbus member (loyalty to ideology of secret society that pushes militant Roman Catholic world view toward empire; not loyal to Constitution; persecutory toward Protestant Christians and others--see oath), and WVU-Heather Bresch Affair demonstrates favoritism, political protectionism and real family values of "privileged" status.

[These opinions are only those of the West Virginia Holler editor. Not paid for by any candidate or candidate's committees.]

REAL ID: Idaho Rejects, Missouri House Opposes, SC Governor Publicly Renounces--While Manchin Holds West Virginians Hostage

More wise States (but not including West Virginia, being held captive by Manchin and the head of DMV) are moving against REAL ID despite the phony "extensions" (measures to coerce compliance) from the Dept. of Homeland Tyranny. Most people, however, are still too ignorant about the issue of what really goes on at DMV (becoming federalized Gestapo outposts) when they are "processed" for their innocent looking drivers license. For when that occurs an entire biometric and data-mining system is then established on them (yes, "free citizens" pre-booked like arrested criminals), including the process of linking of their ID to foreign governments (i.e. Canada and Mexico. Yes, when you cross the border Canadian customs can pull your entire personal record, including occupation, up on their screen, courtesy of the federalized DMV). Meanwhile, the security merchandisers (like Viisage, contracted with West Virginia DMV, apart from legislative or judicial oversight with new privacy invasions) are making a killing, using your tax dollars, at the expense of your personal liberties! Manchin government is more than willing to have the latest hi-tech, privacy-killing, tyrannical ID system to tag, track, and monitor you, and of course have you pay for it under the guise of "public safety". It is more than just West Virginia's official slogan of "Mountaineers are always free" that has been set aside. It is the very constitution and laws defending that which are being abandoned which prevent an intrusive, liberty-killing, over-powerful government that claims the people are its property and tags them like sheep.

People need to read so here is some help. Do not miss Washington Times commentary ("REAL ID Side Effects) below from Gov. Mark Sanford (R - South Carolina), who writes this, which is similar to the position in previous SB248 (the bi-partisan West Virginia senate bill against REAL ID) which got buried by the Governor's minions:

Our greatest homeland security is liberty, and the Founding Fathers believed our greatest threat to liberty was a central government grown too powerful. Accordingly, they set up checks on federal power by vesting authority at the individual and state levels.

REAL ID disrupts this delicate balance of power in two ways. First, it turns the Founders' logic on its head by forcing states to act as agents for the federal government in creating a national ID card for federal purposes. Needing a REAL ID to board a plane or enter a federal building would also change the balance of power in something as seemingly insignificant as a visit to a member of Congress.

Too bad Gov. Manchin is not like this (as he worked to block passage of the anti-REAL ID bill in the House), despite that he swore to "defend and uphold the Constitution" (both State and Federal) upon entry to office! Manchin is either grossly ignorant or willingly defiant of the Constitution, bowing to the federal plea of "necessity". Democrat and republican voters alike should mark his constitutional violation well, which has occurred frequently behind warm smiles.

Along with the articles about Idaho now joining the growing list of anti-REAL ID states, and Missouri on the brink (as well as California), do not miss the blog article from Reasonable Citizen ("Making States Submit to Federal Authority"), who makes a strong case against REAL ID, including this good observation:

"The 9/11 Commission could have said: 'The States must set standards for drivers licenses and other forms of identification.' But, no, they decided that only the Federal government could set standards and then force the States to comply.... Why is the Federal government forcing this upon people? Because they know that nobody wants a Federal ID system. Nobody.... By forcing the States to do something at a local level, the Federal government can create a Federal ID system without taking any of the heat."

Idaho Joins the Ranks of the Anti-Real ID States
ACLU (press release) - New York,NY,USA
"Governor Otter heeded the will of the people this week when he rejected the invasive and problematic Real ID Act," said Barry Steinhardt, director of the

Missouri House passes bill to prohibit Real ID
Kansas City Star - MO,USA
The Missouri House approved a bill sponsored by Guest, a King City Republican, prohibiting the state from complying with the federal Real ID Act. The act, ...

REAL ID: 50 States Citizens Free to Travel; Senators Grill Chertoff for "Bullying" States

This is a good analysis on REAL ID, as there is much posturing going on by the Dept. of Homeland Tyranny (aka Security) as to the results. Bottom line is the States justly rebelled, and the anti-Constitutional Department is compromising, but still pushing. May 11th was the deadline date, but it has been arbitrarily moved, and has no definitive standards. Chertoff s goal is to feign compromise while coercing and gaining increasing conformity.

The Washington Post (linked in clip below) led off their article like this:

Senators Fault DHS Pressure On Real ID

Leahy Alleges Agency 'Bullying'

Members of the Senate Judiciary Committee criticized the Department of Homeland Security yesterday for pressuring reluctant states to adopt new federally approved driver's licenses, with one accusing Secretary Michael Chertoff of "bullying" the states into compliance under a threat of blocking citizens' travel...

..."Bullying the states is not the answer, nor is threatening their citizens' rights to travel," Leahy told Chertoff. "From Maine to Montana , states have said no." Seventeen states passed legislation rejecting Real ID, and DHS has given them until May to comply with the law or find that their driver's licenses would no longer be accepted as federal identification...

The Idaho house also joined the senate in rejecting REAL ID in legislation, which the governor Butch Otter will likely sign. That would make 18 States now rejecting formally, and California is leaning the same way.

Meanwhile in West Virginia, despite that all but 3 Senators voted to not participate in REAL ID as a state, Gov. Manchin is playing the puppet to Washington (instead of upholding his constitutional oaths of office, which we witnessed) and the head of DMV appears to be the leading sycophant for state conformity toward this fascist standard under the plea of "necessity". The House was prevented voting up or town as Rep. Hrutkay (D-Logan), heading the Transportation Committee, ensured it got locked in committee, far from the House floor. Is it not clear that this legislation, with broad bi-partisan support, was killed by Manchin and his loyal sycophants? Gov. Manchin does not want West Virginians to be free, but on a REAL ID data-mining Federal leash. Voters should remember this.

The freedom to travel as free citizens should not, and legally cannot, be impeded. To set up a new criteria for just who will be treated like free citizens , instead of criminal suspects, without probable cause or search warrant, on the basis of a national (i.e. federalized state) ID card is unconstitutional.

The source of this article, linked below, called Privacy Revolt, is worth bookmarking and reading as well.

clipped from consumercal.blogspot.com Maine Gets Real ID Extension + Senators Grill Chertoff Citizens of all 50 states are now free to board airplanes using their driver's licenses -- at least unitl 2010, after the final renegade anti-Real ID state -- Maine -- won a time extension Wednesday from deadlines attached to new federal identification rules. That means that Homeland Security chief Michael Chertoff can now say more secure identification is on the way, while independence-minded states can honestly say they stuck a thumb in the eye of the federal bureaucracy. The Washington Post reports on Chertoff's visit to the Juciary Committee: "We ought to engage in a fairer, more productive negotiated rule-making with the states," the committee's chairman, Sen. Patrick J. Leahy (D-Vt.), told Chertoff. "Maybe people want to have a national ID card in their state. In my state, they don't..."Bullying the states is not the answer, nor is threatening their citizens' rights to travel. From Maine to Montana, states have said no."

Chertoff vs States on REAL ID; South Carolina May Sue Feds

Show down time on REAL ID is here. The official deadline is May 11th for states to file (i.e. beg, for there is no written law about this) for extension from the new extra-constitutional Dept. of Homeland Tyranny. Montana got an extension without asking for one (still refusing to comply), and five Senators requested for all 50 states to be exempt from hassle. Meanwhile, Gestapo chief Chertoff insists that it is Congress that established the deadline, while it had no choice because REAL ID was craftily attached and passed under another "must-pass" military spending bill, and without debate . Chertoff is trying to gain compliance, arbitrarily by compromises, so long as all states eventually comply with his dictates. Tyranny will enter softly.

The big news, and key precedent that the Feds fear, is that South Carolina may justly file a lawsuit against them for treating South Carolinians like non-citizens and terrorists suspects. THIS IS WHAT EVERY STATE SHOULD DO.

WEST VIRGINIA NEEDS TO PASS SB248 AND HAVE THE ATTORNEY GENERAL SUE, PER THE 10TH AND 4TH AMENDMENTS OF THE CONSTITUTION, FOR MOUNTAINEERS TO TRAVEL FREELY WITHOUT THE INTRUSIVE FEDERALIZED STANDARDS OF ID.

clipped from news.yahoo.com Chertoff: ID must comply to fly For weeks, the Homeland Security Department has been headed toward a showdown with some states over a law called Real ID, which would require new security measures for state-issued driver's licenses. If the two sides can't cut a face-saving deal, Chertoff has offered a blunt warning to those critics who claim the government is bluffing. "Showing up at the airport with only a driver's license from such a state will be no better than showing up without identification," he wrote to the senators. "No doubt this will impel many to choose the inconvenience of traveling with a passport." South Carolina Gov. Mark Sanford was considering legal action, and the state's attorney general was preparing an opinion on whether the governor would have a case if he decided to sue the federal government. Critics of the plan say it is too expensive, an invasion of privacy, and won't actually make the country safer.

Push Congress on Enumerated Powers Act to Restrain Federal Power

Restrain the government within the Constitution! This powerful proposed law would require Congress to explain (i.e. enumerate) where in the Constitution the proposed legislation is authorized. Consider their inability to justify REAL ID, PATRIOT ACT, Military Commissions Act, domestic spying, and even War with Iraq (without a declaration of war)! This law has the power to REFORM THE CORRUPTED LEGISLATIVE PROCESS TO FORCE CONSIDERATION OF THE CONSTITUTION AS SUPREME LAW.

"A legislative act, contrary to the Constitution, is not law".

-- Chief Justice John Marshall

The "plea of necessity" is the tyrant's plea (as the West Virginia Constitution warns of as well--see excerpt at top of blog), as the founders and early Americans noted well, which has been employed liberally with the Bush administration (as well as many before it).

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce."
-- James Madison, Federalist No. 4

TELL REP. SHELLY MOORE CAPITO (or Rahall or Mollahan) TO CO-SPONSOR AND SUPPORT THIS IMPORTANT LEGISLATION, TO REFORM THE LEGISLATIVE PROCESS OF CONGRESS, TO "DEFEND AND PROTECT THE CONSTITUTION", AND RESTRAIN FEDERAL POWERS.
(Link below provides means of doing so).

clipped from action.downsizedc.org Bring John Shadegg's 'Enumerated Powers Act' to a Vote The specific, "enumerated" powers of Congress are spelled out in Article of I Section 8 the Constitution. There are twenty of them, and you can read the list for yourself on our Background page. Because these powers are delegated from the people, they are the only powers Congress has. But our Founding Fathers went further -- trying hard to make enumerated powers so obvious that even a politician couldn't miss the point. They passed the Ninth and Tenth Amendments to shut the door to claims of additional power . . . Representative John Shadegg (R-AZ) has introduced The Enumerated Powers Act (EPA) - HR 1359 [You can read the entire bill on our Background page]. EPA would require Congress to reference the specific clause(s) of the U.S. Constitution that grant them the power to enact laws and take other congressional actions. "The powers delegated by the proposed Constitution to the federal government are few and defined.

Idaho House Shoots Down REAL ID--West Virginia Should Follow Suit

Idaho makes a gesture to the Feds and Homeland Security about REAL ID, similar to what West Virginia's Senate approved recently in SB248. Unlike Governor Manchin, Idaho's governor, who originally supported REAL ID, now repudiates it!

clipped from www.newwest.net Idaho House Shoots Down Real ID The Idaho House passed unanimously yesterday a bill directing the Idaho Department of Transportation not to implement the federal REAL ID Act – a decision that, if passed by the Senate and signed by Governor Butch Otter The so-called Real ID is an unfunded Congressional mandate from 2005 for nationwide specifications for drivers’ licenses that was ostensibly intended to help protect Americans from terrorists, but it has since been opposed by more than 30 states, including Montana. The Idaho Legislature had passed a joint memorial last year opposing REAL ID, but that bill had no force of law, while this one specifically tells ITD not to implement it and to report to the Governor and the Legislature any federal attempts to force the department to do so. Otter was a cosponsor of the bill when he was in Congress but has since repudiated it as too expensive and an attack on civil liberties.

Montana Governor to Feds: "Go to Hell" On REAL ID; Governor Joe Manchin Plays the Puppet

While other governors like our own Gov. Joe Manchin are playing politically-correct puppets like cowards and complying with REAL ID, to kiss up to the federal powers (for political ambitions?), the governor of Montana is standing up boldly like a man (consistent with his oath of office) for the Constitution, State's Rights, 4th amendment privacy of their citizens and challenging what he called the "bluff" of the Federal government with its threats of "special treatment" beginning May 11th for those whose states are rejecting REAL ID (see earlier post).

West Virginia almost joined seventeen other states that have passed measures against REAL ID as well when the Senate passed bipartisan bill 248 with only three dissenting votes until the governor's lobbying got it stalled in House committee without an up or down vote. The governors and legislators of Maine and New Hampshire have made it clear they will not bow to federal threats or coercion against their citizens (by arbitrary and unconstitutional treatment) either that are being used to intimidate to force REAL ID upon the states.

The governor of Montana should be an example to Gov. Manchin, and the government and people of West Virginia. As Ronald Reagan stated once,

"All of us need to be reminded that the federal government did not create the states; the states created the federal government".

Therefore the sovereignty of the states, demonstrated in their creation and limiting of federal powers, is the chief defense in preventing federal despotism, particularly effecting citizens rights and privacy.

This is a short, must-listen NPR interview that every American needs to hear. (Click the link at the top of the clip if the "listen now" does not open the player, to go directly to the story page and audio).

clipped from www.npr.org Nation Montana Governor on 'Real ID' Act Listen Now [4 min 21 sec] add to playlist All Things Considered, March 7, 2008 · Montana is one of several states that have balked at a federal law requiring states to issue tamper-proof identification cards to residents. Gov. Brian Schweitzer discusses his state's opposition.

Bi-Partisan Opposition in Pennsylvania to REAL ID Seeks to Block Implementation

Pennsylvania also, like West Virginia, presently has bi-partisan legislation pending against REAL ID to prevent its implementation.

As the article points out this unusual bi-partisan coalition is mirrored at the national level where groups as diverse as the ACLU and American Center for Law and Justice (as well as National Rifle Association) are all finding common ground in the Constitution to defend their rights to privacy and state's rights against government intrusion. As in West Virginia, it can be seen that republicans have taken up the cause in their respective legislatures and become among the most vocal in opposition.

Note the name of the Senate bill introduced in Pennsylvania and the detailing of what "biometric" and "economic" measures are to be kept private from government intrusion (bills linked in clip):

This act shall be known and may be cited as the
REAL ID and Biometric and Economic Privacy Act.

Any governor that does not see the strength and broadness of this movement, or is blind to what the Constitution limits government from doing, will probably find bipartisan opposition to their re-election as well.

Note the legislative bills from Pennsylvania are linked in the clip below.

clipped from www.pittsburghlive.com Backlash mounts against REAL ID HARRISBURG -- Republican and Democratic state lawmakers are teaming up to oppose the federal REAL ID program, claiming it creates a national identity card that poses a threat to personal privacy. REAL ID "is a terribly invasive new government tracking system being implemented here in Pennsylvania and across this nation, without legislative approval and certainly without public knowledge," said Rep. Sam Rohrer, a Berks County Republican known as one of the Legislature's most conservative members. Rohrer and Rep. Babette Josephs, a liberal Philadelphia Democrat, are sponsoring a bill that would block REAL ID in Pennsylvania. "The potential for identity theft is gigantic, unbelievable," Rohrer said. The REAL ID program was included in a federal defense spending bill approved in 2005 without public hearings. Senate Bill 1220, by Sen. Mike Folmer, R-Lebanon County. View it online. House Bill 1351, by Rep. Sam Rohrer, R-Berks County. View it online.

West Virginia Senate Bill Against REAL ID Passes, DMV and Governor Manchin Opposes

How the governor can oppose a bill that upholds the Constitution of West Virginia as well as the U.S. (see REAL ID info at top of blog) is beyond the scope of reason or justification. This bill has bi-partisan support and only OUTSIDE PRESSURE from Homeland Security and the "security merchandisers" (who profit from REAL ID at the expense of citizen's liberties), who also might play an influencing role in the governor's personal political ambitions, could be the possible agents of opposition. It is has been introduced in the House but taken a detour to a transportation committee (to be leaned on by the DMV most likely).

The governor has sworn to uphold both the State and Federal Constitutions (including 4th and 10th Amendments) and so have the legislators. They are therefore duty bound by law to support and sign this important legislation, without amendment, and IMMEDIATELY BEFORE THE FEDERAL DEADLINE, to ensure that "Mountaineers are always free" from federal or state despotism, under the "plea of necessity". Is the governor against our liberty and freedom, and the Constitution? Over 17 States have passed legislation against the REAL ID Act. Most recently Montana rejected it, and the Democrat governor of Montana has been vocal about a full rebellion by the states, collectively, against it! How does the Daily Mail call this "long odds" with all this opposition, and only "three dissenting votes"?

Hats off to the Republicans in particular, like Senators Vic Sprouse (who co-sponsored Senate bill 248) and Clark Barnes, who are finally leading republicans in beginning to defend "individual liberty" and the Constitution, consistent with the republican platform. This also demonstrates a clear case where Rep. Shelly Moore Capito was wrong in supporting this unconstitutional federal legislation, which was coerced through by craft under another measure. Republicans are playing a key national role in its rejection by the states. A good conservative blog against REAL ID can be found at REAL ID WATCH.

Democrats have usually defended (constitutional) privacy rights in particular, and should help turn the Governor back to Constitutional restraints on government, which have been eroding in West Virginia as privacy has been trumped by surveillance propagandists and Mayors and County Commissioners who are pushing tyrannical "security" measures.

See our previous posts under the label "REAL ID", and see the video to right where a Senator from Maine argues against REAL ID, resulting in that state's justifiable and first rejection of it.

clipped from www.dailymail.com Bill attacking REAL ID wins Senate passage despite long odds CHARLESTON, W.Va. (AP) -- After seeming dead in the morning, a bill objecting to a federal driver's license law passed the Senate Wednesday night after passionate debate. The measure, ultimately passed with three dissenting votes, would block state participation in the REAL ID Act, which aims to create a national standard for driver's licenses and other identification cards in the name of homeland security. The bill blocking participation in the REAL ID Act has drawn opposition from the state Division of Motor Vehicles and Gov. Joe Manchin. Support for the measure was rallied on the Senate floor by Sen. Clark Barnes "As West Virginians, we have some tolerance of the federal government, but very little,'' the Randolph County Republican said. Barnes said the REAL ID Act amounts to a violation of privacy because it would tie state DMV computer records in with a national database