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Federal Judge Richard Leon rules NSA phone snooping is unconstitutional
Federal Judge Richard Leon rules NSA phone snooping is unconstitutional
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This is part 2 of a 3 part series involving recent government actions which appear to represent a move by our government towards more transparency and accountability of our government. In part one we discussed the intent of our Founders that government be transparent and accountable in anticipation of the nature of mankind. In part 1 we also discussed the decision by Minneapolis Police Chief Janeé Harteau to outsource major internal investigations to the Minnesota BCA in an attempt to restore public trust in the MPD. You can read part 1 by clicking here

In Part 2 this writer will share his thoughts on:


For your convenience, here again is a link to the Major Media's version of what transpired:

Judge: NSA phone snooping likely unconstitutional

In this writer's opinion, the Major Media just regurgitated a partial summary of the facts that make up this story. In a lame and uninspired manner, Major Media would have you believe that this is a simple story of a single Federal Judge (Richard Leon) ruling that certain activities of the NSA are unconstitutional. But, in so doing, they have left out so many relevant facts and hopelessly understated the significance of Judge Richard Leon's ruling, that to this writer's way of thinking, they have been duplicitous.

This writer will lay out his unique and more in depth perspective in 2 parts; 1) What should be, and; 2) What is.

But before this writer can do that, this writer will have bring most of you up to speed on significant facts and history that your government has purposely had your public schools ignore and/or gloss over.

In summary of previous articles by this writer, our American Revolution was in reality a revolt against the Governance Doctrine of the Divine Right of Kings. Pursuant to the Divine Right of Kings, the King is a God or an emissary of God here on earth. Therefore, no earthly being can question the decisions of the King. Under the Divine Right of Kings, there were no rights; there were only permissions and privileges that could be revoked by the King or his representatives at any time for any reason.

During the Enlightenment (circa 1650AD-1800AD) their was a scientific, intellectual and culture revolution of thought. Average persons came to question the authority of the King and the Church. Using their own observations and reasoning, individuals began determining truth for themselves. During this time, Men of Letters such as John Locke, developed a body of thought that came to be known as Natural Law. Amongst other things, Natural Law prescribed that all men had certain unalienable Natural Law Rights. (In fact, Natural Law was so well known and understood at the time that the Founder's debated whether the Bill of Rights was even necessary) Locke continued this line of reasoning and developed the Governance Doctrine known as Consent of the Governed. In essence, government could only rule with the consent of the governed. And, in fact, that exact phrase appears in the American Declaration of Independence. [ If you want a little more detail you can read Natural Law: How WE THE PEOPLE got to the 4th of July,1776 2/2 and Proof that our country is founded on Natural Law] Another important concept developed and/or reestablished at this point in time was the Rule of Law. In brief, the Rule of Law provides that all men, regardless of wealth, position or social status, should be judged in the same manner pursuant to the same code of laws. With that extremely brief background, it is now possible to continue laying out the background which reveals the true magnitude of Judge Richard Leon's ruling.


Upon having secured victory in our revolution, the Founder's set about creating Foundational Documents. Their first attempt, the Articles of Confederation, ended in failure. To replace these, the Founder's drafted new and improved Founding documents. As was indicated in part 1, our Constitution was crafted with the Founder's perception of the Nature of Man in inMd. Most pointedly, the Founders believe man was "not virtuous" by nature. Therefore, our Constitution was created as an "anchor" to prevent successive non-virtuous men who would be elected to government from expanding their power to the point of tyranny. Checks, balances, transparency and accountability were part and parcel of the government structure the Founders created. More proof of this intended "anchor" effect follow.

To begin with, there is a reference to Natural Law and certain unalienable rights in the Declaration of Independence. The Unalienable Natural Law Right to be free from unreasonable searches and seizures is reduced to writing in the 4th Amendment.

Then, the 10th Amendment provides for the Federal Government to only have enumerated powers; that is to say if the powers are not granted to the Federal Government by the Constitution, they are reserved to the states or the people.

The intent of the Constitution as an "anchor" is further evidenced by the Amendment Process, that requires super majorities for passage of Amendments to alter the Constitution.

And this following quote seems to just drive home the point of the Constitution's intended purpose as an "anchor" to prevent the expansion of power and the erosion of our liberties by the successive waves of non-virtuous men who would come to inhabit our Federal Government.

No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words "no" and "not" employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.

Edmund A. Opitz

Until 1913, Law Schools taught Constitution Law.

And this concludes our "Whats should be" portion of part 2.


In 1913, Progressive President Woodrow Wilson took America off the "Constitution Law" System and the Case Law System replaced it. President WoodrowWilson 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 judges 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.

So when the special NSA, wink, wink, FISA Court ruled that NSA could do this phone snooping, they created Case Law that all future Judges could rely upon to uphold rulings circumventing the Unalienable, Natural Law Rights of each of WE THE PEOPLE. Among these being the Unalienable, Natural Law Right against unreasonable searches and seizures reduced to writing in the 4th Amendment.

And this is the momentous clash that this ruling by Judge Richard Leon represents; the Clash between Progressive Case Law that now authorizes the spying the Progressive Tyrants wanted (and believed to be a settled issue) and the Constitution, which an apparently Constitutionalist Judge Richard Leon has used to strike down these violations of Natural Law, the Constitution and the 4th Amendment to the benefit of rank and file Americans.

This writer reminds the reader again that these principled decisions in support of the rights, liberties and freedoms of WE THE PEOPLE do not come without a price. This writer again reminds the reader of the perverse meritocracy that exists in our political parties and government. Individuals advance up the ladder by demonstrating loyalty to the 1 and only 1 ruling class pretending to be 2 political parties, not to WE THE PEOPLE. Judge Richard Leon has demonstrated to the Ruling Class that they can't count on him to "go along to get along". It is likely that Judge Richard Leon's career will, at best, stagnate from this point forward.(unless WE THE PEOPLE demand his recognition and advancement) As likely is that Judge Richard Leon will suffer retribution for failing demonstrate his loyalty to the ruling class. [For more on the perverse meritocracy see: Tyranny and the 2 major political party nominating committee]

It is up to WE THE PEOPLE to embrace, support, defend, protect and reward our champions; the ruling class won't. By Judge Richard Leon's "against the ruling class grain" ruling he has demonstrated himself as being more loyal to WE THE PEOPLE than to the ruling class and/or his own personal gain. Again, this writer calls for "hats off" and a hardy handshake for this true patriot and steadfast jurist. And, this writer respectfully asks the reader to send a letter or fax to the office of Judge Richard Leon to demonstrate your support and appreciation.

The long and the short of this ruling is that Federal Judge Richard Leon has restored some of the bounds of Liberty that the Founders intended for WE THE PEOPLE. If we do not rally to this champion of the masses, how can we prevail in retaking our country and full restoring our Constitution?

And with that, this writer asks of the reader, "Who has better explained to you the significance of Judge Richard Leon's Ruling? This writer or the major media? And then, in furtherance of this writer's admonitions to think a few chess moves ahead, ask yourself "Why?"

We need all hands on deck if WE THE PEOPLE are going to take back our country and fully restore our Constitution.

Those were my thoughts.

In Part 3 of 3 this writer will share his thoughts on:


To read part 3 of 3, please click here

In Closing:

Thank you, my fellow citizens, for taking your valuable time to read and reflect upon what is written here.

If what is written here rings true to you, perhaps you should contact your local elected officials and let them know. If you are afraid of repercussions, snail mail it anonymously and ask them to respond in the local paper or their own monthly/quarterly internet newsletter. Even if this article refers to something outside you geographic area, it still likely applies to your location. Remember all those taxpayer training junkets we taxpayers send the bureaucrats on? They all learn the same “livestock management” techniques to use on WE THE PEOPLE.

And that leaves WE THE PEOPLE with this conundrum: While our #Government works full time with compensation and funded with our money for the cause of #Tyranny; WE THE PEOPLE are forced to work part time without compensation for the cause of #liberty with what is left over of our time, money and energy.

Finally, this article is written with the same intentions as Thomas Paine I seek no leadership role. I seek only to help the American People find their own way using their own “Common Sense”

Keep Fighting the Good Fight!

In Liberty, Don Mashak
The Cynical Patriot
Don Mashak Google Plus


End the Fed(eral Reserve Bank System) #ETF
National Minneapolis

Bring Home the Politicians #BHTP

Lawless America #LawlessAmerica

Term Limits #TermLimit

Justice in Minnesota #JIM

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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