NSA Spying, Indefinite Detention and the Patriot Act: Why are Americans the Enemy of the State?


In time of actual war, great discretionary powers are constantly given to the Executive … Constant apprehension of War, has the same tendency to render the head too large for the body. A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defense against foreign danger, have been always the instruments of tyranny at home. Among the Romans it was a standing maxim to excite a war, whenever a revolt was apprehended. Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people. –James Madison, Speech, Constitutional Convention (1787-06-29), from Max Farrand’s Records of the Federal Convention of 1787, vol. I [1] (1911), p. 465

“I know no safe depository of the ultimate powers of the society but the people themselves;and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.”–Thomas Jefferson to W. Jarvis, 1820.


An American citizen has no power to go trillions into national debt, nor print paper money out of thin air, nor invade a foreign country without a declaration of war.

He has no power to neither open his neighbor’s mail and read it nor take money from his neighbor’s bank account.

He has no power to confiscate his neighbor’s property, nor to pat down another person’s body, nor search their belongings without their consent.

He has no power to detain his neighbor indefinitely, nor impound his car, nor his boat nor his airplane, nor to render him to a foreign country without a trace, nor does wish to have it.

He does not have the power to change a law to fire himself, nor give his job to a foreign nation, nor does he have the power to get that job back.

He has no power to require his neighbor to pay for his debts, his food, his shelter nor his clothing, nor his vices.

He has neither the power nor right to do these things.

He owns no newspapers. He owns no television stations. He owns neither cable network nor radio station. Not even a satellite.

He controls no stockpiles of nuclear missiles, nor stockpiles of biological nor chemical weapons.

He has no tanks, no fighter aircraft, no aircraft carriers, no submarines, and no army

And he wishes none of it for himself.

He has no desire for that power.

He has no desire to use them to harm or kill anyone.

His only weapon is his mind, his heart and his ballot.

He employs them simply and humbly, holding in his mind the priceless treasure that is his family, his friends, his country and himself

But it is right there where the dangerous thing lives:

His ideas about life and liberty. His instinct to protect them. His need to live, and not merely exist.

His need for self-preservation and the preservation of the lives that he cherishes, whereupon human liberty depends and finds its ultimate purpose under the Constitution.

And it is because of these qualities it is that He and his ideas that must be watched and watched continuously.


That he must be questioned for them.

For it is He who is expected to always “pay the bills” and remain silent for the owners and controllers who hold him in contempt and demand his submissive and agreeable silence.

When the check is slid to his end of the table, his only permitted action is to pay it and shut up.

He must therefore guard his speech.

He must forget that he was the original owner.

He must display a detached acceptance.

He must resign himself to a shared sacrifice.

He must lay prostrate and still while others spend his money, the money of others, even money that does not exist, and money that can never be repaid.

He must accept dependency where confidence once lived.

He must embrace low self-esteem where pride once found a home.

He must see an absence of self-respect as a virtue, while watching his hands soiled redby others.

He must make himself disappear from a discourse so as not to cast a shadow upon the theme of some “common good” that is neither common nor good.

He must permit himself to be robbed.

He must permit himself to be bound hand and foot and to be gagged and silenced.

He must permit himself to be treated like a person lacking in intellectual (legal) capacity.

He must permit that disqualification to stand while his rights are foreclosed upon before his eyes.

He must be as property, behave as an inmate, and seek permission as a child or a ward of the State.

He must also swallow this humiliation with civility.

He must agree that his presence is a nuisance, and that his freedom must be earned, and that being allowed to live (to live a life) at all is a privilege and not a right.

He must forget that he was something, that he was everything, and remember that He is nothing.

He must remember that being a nothing is why anything is done to him and that that trying to be something makes him the enemy.

He knows with certainty that to think, or act, or vote, in any other way – is to dare to be who he was.

He will be labeled as the most vile of extremists and pilloried as an enemy combatant.

An enemy combatant that kidnaps no-one, bombs no-one, robs no-one, bribes no-one, bails out no-one, intrudes on no-one, indebts no-one, gropes no-one, nor denies a trial by jury to no-one, tortures no-one, nor holds anyone forever far away from their sobbing relatives.

He knows that the goodness, confidence, and morality that he knows he has, is what makes him dangerous to those who no longer have any of those virtues to compromise.

And then there are his stubborn preferences.

His capricious love for the treachery of liberty, and his clinging to the insufferable obstacle called freedom, and the stink of his wretched, conceited Constitution, sticking to his person like a bad smell, is reason that he is required to be a foe on the battlefield of order that once his home.

And so, the answer to the question of how he became the enemy is because the average man has not yet been fully conditioned to live and work as an scared, guilt-ridden, security conscious citizen-inmate in an asylum run by kleptocrats.

He is unaware that he has been convicted of offenses that give no offense except to those who are deranged.

His pre-crime is that he is decent, confident and moral and may therefore, because of this nature, change his mind about enabling his own financial and political demise by force and fraud.

He must therefore remain silent while his bones are broken even more severely by a mother or father State that he once trusted.

Authority figures who once reassured him he was loved before and after each savage blow, and whose other pre-crime may be that he becomes daring enough and desperate enough to change his mind more firmly and more quickly as the blows intensify, and as he overhears them talking about locking him away and throwing away the key, without trial.

Of hearing them talk about burying him in a prison cell in a distant country, even in his own, as they chat over coffee in the kitchen, grumbling as they do over his obsessions with ridiculous rights, foolish liberties, and laughable freedoms and for his refusal to foot the bill for their obscenities.

Until this comes to pass, and mainly because he has yet to react to the sound of the impending cell door slamming behind him and to the final burning of his Constitution, and because of the labeling of the soil under his feet as a battlefield, and the application of the rules of war to him in his home and castle, that it will be prudent and necessary by those who have enshrined lawlessness in expensive bindings, to watch his every move until it does.

And because he is the enemy, he will be made to taste the humiliation of surrender, and the confiscation of arms and the confiscation of his liberty, and to contemplate with civility his swift disappearance into oblivion like the “flawed” society that he represents.

And it is that dismayed pause, upon that thoughtful reflection, upon where He finds himself headed to a place that he’d rather not go, is that he feels that lump his throat and that ache in his chest as he realizes that what he loves and values most will be taken away without trial, is the final reason he has become the enemy.

So he asks, his voice croaking and his heart bursting:

“Show me where I have erred, and I will confess my sin.”

Hearing only silence, it is here, at this point, that he feels justified to rise up courageously but peacefully to speak to and remind his employees that it is now He who will now decide the day and hour of the Republic’s demise or resurrection, on his terms, and not theirs — since there is no sin in being free or in living that life, and certainly no crime in doing so.

That it is his rights, from which the powers of societies originate, and from where the consent to be governed arises that,

He has decided that not only will the Republic not meet its demise, but instead, that by his hand and exclusive authority, reserved to him by the Constitution, and by natural right, and his Creator, that he will arrange to have them meet theirs during every election cycle when he fires them all with his vote from their high and conceited office and replace them with people who will obey, without question these words written large:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense 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.”

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

“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 Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

“No Bill of Attainder or ex post facto Law shall be passed.”

(A Bill of Attainder  is an act of a legislature such as the House of Representatives and or the Senate of the United States, where they declare a person or group of persons guilty of some crime and punishing them without benefit of a  trial. A power reserved to the judicial branch of government.)

And to be held fully accountable, and not exempt, in a court of law for violations of the the foregoing statutes when those persons so elected act in manner to deprive him of his Constitutional rights so that there be a pretext to consider him a prisoner of war, at will, on the battlefield that now includes his home, for the purpose of depriving him of the “free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States”, enumerated above:

Title 18, U.S.C., Section 241

Conspiracy Against Rights

“This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured…

Title 18, U.S.C., Section 242

Deprivation of Rights Under Color of Law

“This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.