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NSA Spying vs the Constitution: Is the FISA Court just stupid?

4th Amendment prohibits unreasonable searches and siezures
4th Amendment prohibits unreasonable searches and siezures
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Last month, this writer reported that a Federal Judge had found the NSA's phone snooping unconstitutional as part of a series on Government Transparency and Accountability.


Despite earlier 1970's Case Law (Court Rulings), setting precedent for said NSA spying, Federal Judge Richard Leon ruled it unconstitutional. In this writer's opinion, correctly so.

But then Federal Judge William Pauley, ruled that NSA's phone snooping was constitutional citing the same 1970's Case Law establishing 3td Party Doctrine:

NSA phone records spying is constitutional, judge says

The 1970's Case Law (Court Ruling) 3rd Party Doctrine essentially says the following:

A person has no reasonable expectation of privacy if they willing transfer information to a third party.

In these particular instances the third parties are the telephone, telecommunications and/or internet companies. Your Government's position is that if you willingly give information to a third party, even if they are just the conduit of exchange to another person, you have no reasonable expectation of privacy.

FISA Court order that allowed NSA surveillance is revealed for first time

Now both Progressive Republicans and Progressive Democrats would have the story end there, but this writer is going to add to the mix common sense and true history.

“All government, in its essence, is a conspiracy against the superior man: its one permanent object is to oppress him and cripple him - H.L. Mencken

The Constitution was intended as an anchor to prevent the expansion of government power and the limitation of liberty of WE THE PEOPLE. The Founder's created our Government and Constitution with the nature of man in mind. Their beliefs as to the nature of man perhaps are best prescribed in Cato Letters 59 & 60:

People (men) under Natural Law have free will, and are not virtuous by nature.

The Founder's crafted our Government knowing that persons not virtuous by nature would inhabit it over time, and by their nature would try to expand their power and restrict the liberty of WE THE PEOPLE. At that time, the concepts of Natural Law and Natural Rights were so engrained in our society, some of the Founder's argued there was no need to reduce certain Unalienable Natural Rights to writing, as they were self-evident truths. In retrospect, it is a good thing certain of our unalienable Natural Rights were reduced to writing; else the basis for arguing would be much more difficult. In this particular instance, Natural Law, as reduced to writing in the 4th Amendment, prescribes that WE THE PEOPLE should be "secure in our persons, houses and papers" and free from "unreasonable searches and seizures". (Proof our Country was founded on Natural Law )

But both the Republican and Democrat Progressives find the Constitution too constraining. And so, they have sought to jettison the Constitutional Anchor that inhibits their non-virtuous desires and replace it with the more arbitrary Case Law.

From this writer's original article "While visions of transparency and accountability danced in their heads (2 of 3)"

In 1913, Progressive President Woodrow Wilson took America off the "Constitution Law" System and the Case Law System replaced it. President Woodrow Wilson resented the constraints of the Constitution, because he felt it was too constricting on the powers and authority of government.

Under Constitutional Law, the Constitution and Natural Law provided the parameters within cases must be decided.

With this abominable Case Law, Judges could much more quickly change the law. Judges could now cite another judge's Case Law as the reason for ruling in a particular way on a particular case or matter. And suddenly, America's Rule of Law was cut free of its Constitutional Anchor. And in short order, the succession of non-virtuous men who came to inhabit our Federal Government and Courts, bastardized America's Rule of Law. (The writer suggests to the reader that even more eye opening information would be gained by reading the entire article.)

By switching America from Constitution based Law to Case Law, non-virtuous people in government were freed to begin their calculated, incremental assault upon your unalienable Natural Law Rights.

Now my readers, at least those of you have learned to play Chess as this writer suggested, can see a few moves back and understand how the Democrat and Republican Progressives in our government have in a cool, calculated and incremental manner plotted to expand their power and reduce your liberty.

Which brings us to the conflict between this 1970's FISA Case Law and unalienable Natural Law Right to freedom from unreasonable searches and seizures as reduced to writing in the 4th Amendment and the Constitution. The 4th Amendment provides for the violation of some of our rights "with a bonafide warrant being issued and signed by a Judge pursuant to legitimate probable cause".

"Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government." James Madison

This is where this writer dares to refer to those Judges who deem NSA phone snooping to be constitutional, as stupid (and/or non-virtuous) . From the Founding of this country until this 1970's Case Law 3rd Party Doctrine Ruling, there was this 3rd party known as the US Post Office. This writer submits that it is safe to say that the Founder's did not believe that just because someone mailed a letter through a 3rd party post office, a warrant was not necessary for someone other than the intended recipient to open and read said letter.

For the Courts to ignore 200 years of privacy precedent by the 3rd party US Post Office is either stupid and/or the act of a non-virtuous person operating without sufficient checks, balances, transparency and accountability. (And how many years were telephones in existence before the 1970s Case Law ruling?) With that, this writer asserts his point has been made.

Next, let us discuss how the Founder's would have applied the 4th Amendment to new communications technologies. As the Founder's viewed the nature of man to be non-virtuous, this writer asserts they would not have expanded the power of government nor limited the liberty of WE THE PEOPLE by permitting warrantless interception of our private communications via phone, fax or the internet.

This frequent Tweet by this writer @DMashak reflects this writer's sentiments:

For the record, my issue with NSA is spying on US Citizens without warrants by judges pursuant to legitimate probable cause, not foreigners.

This writer submits that a government inhabited by non-virtuous people is using trick and artifice to circumvent your liberty and expand their power. The two hundred year existence of the 3rd Party US Post Office makes interposing the proposition that 3rd Party Doctrine negates any individual citizen's "expectation of privacy" laughable (if it were not so evil in design and nature). Quite Simply, NSA phone spying is just one of a myriad of unconstitutional abuses of WE THE PEOPLE and violations of Natural Law catalyzed by the Patriot Act. (And, by the way, President Obama's newly touted "Yes we can change the NSA" is just another example of Government Trick and artifice... Reading closely you will find the change is to give non-citizens and foreignors protections from NSA, not US Citizens.

With that, this writer puts it to the reader, why do you have to learn about Natural Law and Progressive President Wilson's traitorous 1913 act from this writer? Why was this not taught in Public School? Why was this not reported by the major media? Why didn't representatives of your legal system broadcast this information? Why did your President, Congressperson, State Legislature or some other elected official not make you aware of this? And as you ponder that, perhaps you should use your own observations and reasoning to think a few chess moves ahead and a few chess moves back and establish Truth for yourself(pursuant to Natural Law)

And finally, after all of that, the information NSA collected has no discernible impact on the safety and security of Americans.

Report: NSA bulk metadata collection has “no discernible impact”

This writer submits to you that if the data collected did not achieve the goal intended, why do we continue to waste time, money and resources on it? And then this writer will inkle that perhaps the government just wants to keep tabs on you because "Information is Power". Perhaps Congessfolks use that information to engage in Congressional Insider Trading that they re-legalized for themselves in the Spring of 2013; Or perhaps they will use that information to round up and/or blackmail the voices of political dissent. The possibilities are endless. But perhaps sage advice from one of our Founders best sums it up:

Those who would trade liberty for security soon have neither and deserve none. Benjamin Franklin


There are many of WE THE PEOPLE who are striving to retake our country and restore our Natural Law Rights and the Constitution. WE THE PEOPLE are using the original Declaration of Independence as our Road Map. WE THE PEOPLE are documenting your long train of abuses and usurpations. (Rank and file Americans who wish to join us should read "2014 New Year's Resolutions )This writer's articles are but one catalog of your abuses and usurpations and WE THE PEOPLE's exercise of peaceful remedies of to check your trespasses and obtain redress of our grievances. As a free people, WE THE PEOPLE have by nature, and Natural Law, the Right to withdraw our Consent to be Governed. If and when the day comes for WE THE PEOPLE feel we have exhausted our Peaceful Remedies and determine to withdraw our Consent to be Governed, WE THE PEOPLE do not want any of you to be uttering these last words of Lybia's Gadaffi:

"What did I ever do to you?"

As the Printing Press sparked The Enlightenment, the Internet is breaking your and your allied Major Media's monopoly on the flow of information amongst rank and file Americans. Your secrets are undone. Your trespasses and abuses are exposed. You, the Courts and the Major Media no longer have the ability to establish truth for the masses. While you laugh behind closed doors about your ability to dupe and exploit the masses, your powers are waning. Every Individual American now can use their own un-filtered observations and reasoning to establish truth for themselves.

For now I leave you with a portion of WE THE PEOPLE's Natural Rights as reduced to writing in the US Declaration of Independence

That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness

With that, this writer ends by saying to his fellow true patriots:

Keep Fighting the Good Fight!

Those were my thoughts.

In Liberty,

Don Mashak
The Cynical Patriot
Don Mashak Google Plus


End the Fed(eral Reserve Bank System) #ETF
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Critical Thinking Notice - This author advises you as no politician would dare. Exercise Critical Thinking ( in determining the truthfulness of anything you read or hear. Do not passively accept nor believe anything anyone tells you, including this author... unless and until you verify it yourself with sources you trust and could actively defend your perspective to anyone who might debate you to the contrary of your perspective.

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