Saturday, March 15, 2025

Reading You Your Rights. 

March 15, 2025, updated March 16, 2025.

Things continue to happen fast. Today, March 15, has been extra busy.

Blueprint for Autocracy, posted February 19, overlooked a key element for dismantling American Democracy -- oppress individual rights.

I realized the omission March 9 and drafted a version today before the Washington Post reported that President Trump declared the 1798 Alien Enemies Act gave him the authority to use wartime powers against a Venezuelan gang that he claims has invaded the US.

A few hours earlier than that, a federal judge issued a ruling blocking him from doing just that. It should not have been a surprise. Trump campaigned on it and included it in his inaugural address.

There are 800,000 Venezuelans in the US, many under temporary protective status set to expire soon. Estimates of the number of gang members among them is .001%, or hundreds.

Read Your Rights

When the Constitution was ratified in1788, the belief that it explicitly limited the powers of the new government prevailed over calls for it to spell out individual rights. Just a year later, James Maddison introduced seventeen amendments to the Constitution in the House. By 1791, ten were ratified by enough states to become our Bill of Rights.

Here are three particularly worthy of a reread today.

The First Amendment : “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

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 Tenth Amendment: “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.”

The Bill of Rights was challenged almost immediately. The tensions between government and individual rights, federal and states’ rights, and what it means to be an American have been inherent in our government from the start.

George Washington was unanimously elected our first president in 1789. He had no political party. Delegates cast two votes each. John Adams received the second most votes to become vice-president.

During Washington’s presidency, wars roiled Europe and threatened to involve America. Washington carefully maintained American neutrality, but his cabinet and his country became increasing divided among those sympathetic to the ideals of the French revolution and those fearing it and sympathizing with Britain. Many French citizens fled the French and Haitian revolutions and found refuge here.

Less than two months before election day in 1796, Washington announced he would not run for a third term. Game on.

Alexander Hamilton formed the Federalist Party with Adams and John Jay. Federalists believed in a strong central government and sided with England. 

Jefferson and Aaron Burr, the anti-Federalists, founded the Democratic-Republican Party or “Jeffersonian Republicans.” They resisted a strong central government in favor of individual and states’ rights and sympathized with the ideals of the French revolution. 

The election was close, with Adams prevailing over Jefferson. Jefferson declined active participation in the Adams administration. Americans have been dueling, pun intended, over the issues that shaped the 1796 election ever since.

Understand Your Rights

In 1798, with the Federalist-controlled Adams government aligned with the British and on the brink of war with France, Congress passed the Alien and Sedition Acts, four controversial pieces of legislation aimed at curtailing criticism from Jefferson and friends.

The most highly charged at the time was the Sedition Act, which was viewed as undermining the First Amendment. It made it a crime for American citizens to "print, utter, or publish...any false, scandalous, and malicious writing" about the government.”

The other three Acts were aimed at immigrants. The Federalists were concerned that non-citizen “aliens” would align with the Jeffersonian Republicans.

Specifically, the Alien Enemies Act permitted the president to arrest, imprison, and deport aliens during time of war.

The Federalists acted quickly. Sedition trials, all targeting Jeffersonian Republicans, and Senate contempt actions followed. The Alien and Sedition acts quickly proved hugely unpopular.

Adams served only one term, losing to Jefferson in 1800. He was the only Federalist elected President.

Strikingly, Hamilton was a partisan politics victim in more ways than one. He drafted much of Washington’s Farewell Address, in which Washington bluntly warned of the dangers of political parties.

“They are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterward the very engines which have lifted them to unjust dominion,” he said.

The last time the Alien and Sedition acts were broadly used was during WWII, when FDR invoked them to inter more than 110,000 primarily Japanese foreign nationals. The scars of that experience have yet to heal.

FDR’s successor, Harry Truman, told Congress in 1950, “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.”

Balancing the internal and external security of our country has always been difficult, Truman said, placing special emphasis on preserving our individual liberties at the same time. He invoked the Bill of Rights and Sedition Act as important precedents.

Apply Your Rights

Things are happening quickly.

On March 4, President Trump posted on his Truth Social platform, “All Federal Funding will STOP for any College, School, or University that allows illegal protests. Agitators will be imprisoned/or permanently sent back to the country from which they came.”

The BBC noted Trump did not define “illegal protest.”

This is not a free speech issue, Education Secretary Linda McMahon said in a CNBC interview the same day, “This is a safety and civil rights issue.”

On March 8, ICE agents broke into the apartment of Mahmoud Khalil, a legal resident of the US to arrest him for a visa violation that did not exist. 

Khalil is a permanent green card holder and is married to an American. ICE initially said Khalil was arrested so they could revoke his student visa. When told he did not have one, they said they would revoke his green card instead.

Khalil, a graduate student at Columbia University, was a leader in campus protests against Isreal last year. A Department of Homeland Security spokesperson confirmed Khalil’s arrest, describing it as being “in support of President Trump’s executive orders prohibiting anti-Semitism.”

On March 9, Senator, astronaut, and combat pilot Mark Kelly posted on X, “Just left Ukraine…We all want this war to end, but any agreement has to protect Ukraine's security and can't be a giveaway to Putin."

X owner, sometimes DOGE leader, spaceman-wanna-be, South African-Canadien-American, and billionaire Elon Musk replied, “You are a traitor.”

On March 14, DHS announced a second Colombia protestor has been arrested and a third has fled to Canada.

Today, March 15, the US President invoked wartime powers not authorized by Congress, in a war he declared, but Congress has not, within our own borders, and against no foreign state.

Washington and Truman warned us. We did not listen.

In Blueprint for Autocracy, I noted Trump was proceeding as if seeking to end American Democracy. I was hoping and waiting to be proved wrong. I am still waiting.

https://www.trumanlibrary.gov/library/public-papers/207/special-message-congress-internal-security-united-states

https://www.archives.gov/founding-docs/bill-of-rights/how-did-it-happen#:~:text=Ratifying%20the%20Bill%20of%20Rights&text=On%20October%202%2C%201789%2C%20President,the%20%E2%80%9CBill%20of%20Rights.%E2%80%9D

https://www.imdb.com/title/tt8503618/

https://history.state.gov/milestones/1784-1800/french-rev

https://www.mountvernon.org/george-washington/the-first-president/political-parties

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.govinfo.gov/content/pkg/GPO-CDOC-106sdoc21/pdf/GPO-CDOC-106sdoc21.pdf

https://constitutioncenter.org/blog/the-day-the-constitution-was-ratified

https://www.pbs.org/wgbh/americanexperience/features/duel-federalist-and-republican-party/

https://constitutioncenter.org/the-constitution/historic-document-library/detail/george-washington-farewell-address-1796

https://www.studentsofhistory.com/ideologies-flip-Democratic-Republican-parties

https://www.bbc.com/news/articles/cqly0zrnnv3o

https://apnews.com/article/columbia-university-mahmoud-khalil-ice-15014bcbb921f21a9f704d5acdcae7a8

https://www.archives.gov/milestone-documents/alien-and-sedition-acts

https://abcnews.go.com/Politics/musk-calls-sen-kelly-traitor-trip-ukraine/story?id=119640282

https://www.bbc.com/news/articles/c3rnzp4ye5zo

https://www.facebook.com/SenMarkKelly/posts/just-left-ukraine-what-i-saw-proved-to-me-we-cant-give-up-on-the-ukrainian-peopl/1312143873693214/

https://apple.news/AE7AjUo-1TmeHjewBcvozXg

https://www.uscourts.gov/about-federal-courts/educational-resources/annual-observances/asian-pacific-american-heritage-month/korematsu-v-us-balancing-liberties-and-safety/facts-and-case-summary-korematsu-v-us

https://constitutioncenter.org/blog/burr-vs-hamilton-behind-the-ultimate-political-feud

2 comments:

  1. You’re on fire, John. Do you think people aren’t tuned in to what’s happening to individual rights because they haven’t had to think about it or don’t know life where their rights were ignored? He has no boundaries and very little to stop the total destruction of our democracy.

    ReplyDelete
    Replies
    1. I started this because many are underestimating how different this is from our lived history. This is not business as usual. Individual rights is just one area being subverted as part of a larger planned effort. Thanks for commenting, may lead to a future post.

      Delete

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