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The Erosion of Constitutional Laws and Justice in America

By: George Pararas-Carayannis, Ph.D.

America is a great country with the best Constitution in the world. Only a few years ago, our country was the champion of righteousness willing to defend, not only our own but the democratic values of other nations. Our government advocated human rights and criticized severely foreign governments that were oppressive. We, as citizens, prided ourselves in our civil rights and the liberties guaranteed by a Constitution our forefathers had so perfectly crafted.


Unfortunately in recent years, like insidious viruses lying dormant in an environment of growing public apathy and complacency, unknown forces begun their gradual takeover of our country. Through trickery and disinformation, agents of such forces - some financed, directed or secretly manipulated by foreign sources - gained gradual acceptance and power within our society. They infiltrated our government, our agencies and institutions. No one suspected their existence, ill motives or hidden agendas. Very few people understood what was happening.


Beginning in the 1970's, a secret power base was planted within the infrastructure of our society and the permanent bureaucracies of government agencies. In a few short years, the evil power structure grew in numbers. Presently, it operates independently of changing administrations or Congress. Its purpose: to serve the special interests and the further enrichment of an "elite and privileged minority", while oppressing and controlling the rights, freedoms, and economic welfare of the vast majority of Americans.


Evil, unaccountable agents within government bureaucracies - often, unwittingly serving their anonymous elitist masters - have systematically and perversely made gradual, well camouflaged changes in our laws. Often, these new laws make a mockery of our Constitution. Freedoms and liberties are continuously being undermined. There is a constant erosion of our rights as sovereigns of this nation. The majority of Americans are further controlled, deceived and massively brainwashed through the manipulation of the controlled media. Sports, TV soaps, an abundance of consumer goods, immense advertising, and extensive availability of credit, keep Americans busy watching TV, sports, shopping, and in constant debt.


Awareness of what is happening in our country are being cleverly obstructed by promoting a gluttonous appetite for consumer goods and entertainment. Confused by the misinformation, and intoxicated by the euphoria of consumerism, we are dancing, like marionettes, to the tunes the elitist gangs are playing. Like the mice in "Skinner's box", we are content by the generous feeding, and are willing to accept a fate "beyond freedom or dignity" , staying well within the walls of our spiritual prisons. How quickly we forgot the looting of the Savings and Loans in the 1980's? How ironical it is that we now even vote to reinstall in public office, the same people and their accomplishes that robbed us and our children and even took our parents' retirement savings?


The manipulative efforts to control our minds and the ways we think and act, are part of a well disguised, cultural/political evolution which begun some time ago, but has now gained momentum. There are relentless efforts to do away with our Constitution which stands in the way of total control. What is happening is a form of well disguised tyranny, the worse kind of tyranny that exists, because its false facade of righteousness misleads Americans into gradual submission. It is tyranny sweetened with an abundance of consumer goods, illusions of justice, and false expectations. It is tyranny capitalizing on our fears. Nonetheless, it is tyranny reminiscent of the evolution of early fascism.


Subversive processes are giving rebirth to every evil monster our country had battled against in the past and seemingly had vanquished. Through the passage of unconstitutional laws under the pretext of the "War on Drugs", "Crime" or "Antiterrorism" - and other, seemingly, well intended issues (intentionally blown out of proportion or reality) - and without even realizing the deception, Americans are being robbed systematically of their basic Constitutional freedoms and liberties. History clearly is repeating itself. This has always been the terminal phase in the evolutionary cycle of every empire that ever existed on this earth. The United States of America, if allowed to continue on this present course, it will degenerate into a blatant tyranny, an "evil empire" whose citizens will live in great fear of their Government.


Already, Americans are living in great fear of government agencies with known tyrannical predisposition; agencies which were established to serve the needs of the people, but now have become masters and oppressors. The rights of Americans and the powers of the States are slowly taken away by the Federal Government which has grown into a huge uncontrollable bureaucratic monster. Americans are slowly being stripped of their dignity and freedom by the very same Government that was supposed to serve them as their agent. Orwell's "1984", is finally upon us. Our every move is being watched. The United States of America and its, once, proud citizens are being held hostage, manipulated and controlled through massive deceptions, disinformation, fear, and unconstitutional new laws. Sadly, America, our country, once the champion of freedom and human rights, is now rapidly changing into a Police State prosecuting and persecuting its own citizens, primarily through unconstitutional laws and abuses of the judicial process.

 

Civil rights and liberties are in great danger.

Our civil rights and liberties, so cherished in the past by the fathers of our country, are in great danger. Our Constitution , so cleverly designed by the fathers of our country to protect us from oppression and abusive prosecution, has become a thing of the past. Civil rights and liberties guaranteed by our Constitution are now considered an anachronism and an obstacle to total control. One has only to look at some recent court cases to find out what has happened to our laws, our Constitution, and the judicial process.


Where is our country presently heading to on matters related to civil and constitutional rights? Under the present course the answer is: NOWHERE. The pendulum has swung too far to the right and recent decisions in federal courts indicate that the future looks very bleak on civil rights issues. Privacy and other fundamental rights are all just going the other way; and we can't put too much confidence in equal protection laws, either.

Courts and federal prosecutors are showing very little concern about legal doctrines and the Constitution

We are still laboring in this country with the misconception and the myth that our Courts, are indeed antimajoritarian institutions that have as their primary interest the protection of minority groups and the powerless. Perhaps this was true at one time. However, it is not true any longer. Recent Court decisions on many issues should make it obvious by now that they are, in fact, instruments of the majoritarian system and under the indirect control of the self- serving ruling elitists who have robbed the power structure of our country.


How do we make sense of constitutional law and how do we reconcile federal court decisions? There is no doubt that in well settled areas of civil law, and only if the Government itself is not the plaintiff or the defendant, the courts perform reasonably well. But in areas of civil rights and criminal law involving "new statutes", where the Government itself is the plaintiff, the range of court decisions just does not make sense if you are looking for logic or the doctrine of fundamental fairness and justice. Our Constitution and all the rules of the game are thrown out or always interpreted in favor of the Government. The courts now totally flip-flop on Fourth, Fifth, Sixth and Eighth amendment issues and the rights of citizen defendants. The courts have shown very little concern about legal doctrines and the Constitution. They provide only a facade of due process and an "appearance of justice" - for public consumption. Legal myths perpetuate the deception and assure the acquiescence and complacency of the American people

 

Politically appointed prosecutors and judges are crushing our civil rights in the nation's federal courts

Manning Marable, a professor of history and political Science at the University of Colorado in Boulder, in his essay entitled "Clarence Thomas and the Crisis of Black Political Culture", (in a book entitled "Race-ing Justice, En-gendering Power, Essays on Anita Hill, Clarence Thomas, and the Construction of Social Reality", Edited by Toni Morrison, and published by Pantheon Books, in New York, in 1992), gave the following interesting statistics for the 1988-1990 period:

"During Bush' first two years as president, he appointed seventy federal judges, nearly all of whom were white, affluent males".

Marable went on to say that less than 12 percent of Bush's federal judges were women; only 6.5 percent were from racial minority groups. Finally, in his essay, he stated that virtually all of Bush's selections were deeply hostile to civil rights, affirmative action enforcement, civil liberties for those charged with criminal offenses, environmental protection laws, and the freedom of choice for women on the issue of abortion.


These older statistics represent only the tip of the iceberg. The truth is that in recent years, politically appointed prosecutors and judges are crushing our civil rights in the nation's federal courts. These people have made rumbles of civil liberty law and the Constitution. One only has to look at recent judicial decisions to determine how heavy-handed, and lopsided justice has been.


Traditionally Americans have looked to the Courts to guarantee and protect the rights of minorities and the oppressed. But the courts are no longer the arbitrators or dispensers of fairness and justice. They have become the advocates and collaborators of government prosecutors who in turn receive directions from those who have infiltrated the power base of our country and who have the hidden agendas. The game for justice is no longer in the federal courts. Most of the laws in our country are passed by non elected officials of the government bureaucracy, rather than by our elected officials in Congress.

But where is the root of the evil? One does not have to look very far to discover this evil that is threatening our Constitution and our freedoms. In a selection called "The Private Parts of Justice", its author, Andrew Ross, a professor of English at Princeton University, points to the very root of the evil by raising the following question:

"In a society where a great majority of problems and decisions are turned over to the law without any semblance of a prior public debate, how is popular consent obtained for non democratic government by law, as interpreted by unelected officials in the judiciary, rather than by democratic government by the people, as interpreted by elected officials in the legislature?"

Clearly, Ross is questioning and raising the issue that there is no longer a democratic process or a public debate in the passage of "new laws" in this country. For example, numerous of the "new laws" are passed by unaccountable, irresponsible, hard lobbying, non elected officials in the Department of Justice, and not by our elected representatives in Congress.

 

Untried "new laws", are pushed through an unsuspecting Congress by non elected officials with hidden and self serving agenda and motives.

Many of these "new laws" are being passed, often without a chance for proper public or Congressional scrutiny. Frequently, the non elected officials of different government agencies - with their own hidden and self serving agendas and motives - lobby and push trough an unsuspecting Congress disguised laws that clearly violate our Constitutional guarantees. Law enactment has become a railroading, non democratic process. Once enacted by Congress, and in the hands of the wrong law enforcement officials and federal prosecutors, these "new laws" can become truly instruments of oppression and repression.


Also, to combine insult with injury, our federal courts have become progressively more tolerant of constitutional abuses. Federal prosecutors now enjoy absolute immunity for misconduct or for violations of defendants' constitutional rights. Unquestionably, they control the outcome of trials, often by denying discovery, or by manipulating and even falsifying evidence. Winning at-all-costs is the name of the new game, and the hell with morality or the Constitution. Usually, abuses of constitutional rights are now labeled by our courts as "harmless errors" and are swept under the judicial carpet. Justice in this country has become extremely lopsided because of new unconstitutional laws and lax judicial attitudes. Professional standards and codes of ethical conduct are shunned by the federal prosecutors and Department of Justice officials. They claim that adherence to a code of ethical conduct "will hinder their ability to fight crime".

 

The "War on Drugs", "Crime" and "Terrorism" are used as the excuse to pass unconstitutional laws that suppress American Civil Rights and our Constitution.

Our laws have always been in a state of flux and redefinition. Traditionally, our elected representatives in Congress have the responsibility to pass, review, and amend laws that protect our rights as citizens. Through our votes, we believe that we have given our elected representatives the responsibility to legislate laws that are fair and protect our constitutional guarantees. Usually, in passing new laws, Congressional intent reflects the will and intent of the people in having laws that, as a minimum, meet constitutional safeguards . However, in recent years, "new laws" have been passed which do not fully explain or clearly reflect Congressional intent. Often, absolutisms such as the "War on Drugs", the "War on Crime" and "War on Terrorism", are used as the excuses to pass "new laws" that suppress Civil Rights and our Constitution.


Because of the intentionally created paranoia that surrounds these social issues, Congress, in enacting such laws, often overlooks potential constitutional violations of the rights of Americans. Also, the American people, misled by the same paranoia as amplified by the media, become tolerant and complacent of the infringement and violations of these laws on civil liberties. The social issues of "drugs" "crime" and "terrorism" have been artificially hyped to such an extent as to create great fears and anxiety among Americans, resulting in unprecedented concessions, while overlooking the larger issues of loss of fundamental freedoms. History definitely shows that totalitarian governments often use public fear and anxiety to suppress freedoms. Myths and disinformation are intentionally generated to obtain total control of a nation. Is this happening in our country? Are we becoming a nation of sheep?


The truth is that the majority of Americans do not understand how some of the recent "new laws" violate our Constitution. They do not realize the hidden motives of those who lobby for their enactment. It is true that we need proper laws to combat rising crime and drug trafficking, and indeed, when properly applied, some of these new laws serve this purpose. Frequently though, hidden and disguised in the "packaging" of such laws are collateral infringements on our Constitution and a gradual, systematic erosion of our basic freedoms. Intentionally, the wording of "new laws" is often left vague and ambiguous, not meeting the common language requirement for public understanding. By including ambiguous and vague wording in the "new laws", unscrupulous law enforcement officials and federal prosecutors can intentionally misinterpret Congressional intent in their enforcement, to implement their Machiavellian plan of shelf perpetuation and control. Well intentioned legislative leaders, just as the rest of us, are constantly being deceived. Confused by the ambiguity in the language of the new laws, even judges have become extremely tolerant of gross prosecutorial misconduct and of constitutional abuses by law enforcement agents. Slowly but surely, our criminal justice system is being undermined and we, the people - while watching stupid television shows or shopping endlessly - are becoming more and more oppressed.

 

Brainwashed by the media

Americans are being methodically, systematically and perversely brainwashed by a controlled media in accepting a newly created "Status Quo", a prelude to further and total oppression and control. Often, Americans are presented with disinformation that contributes to misunderstanding and paranoia which, in turn, lead to fears and capitulation of their constitutional rights.


In the book mentioned earlier, its author Professor Andrew Ross writes that this is accomplished through a barrage of cop shows and courtroom docudramas and through TV's filmic and fictional representations of the law. Americans are being brainwashed to glorify law enforcement officers and unquestionably accept mythical concepts of righteousness, thus becoming more tolerant of constitutional abuses. Indeed, without such shows, Americans would be less willing to grant officers of the law and federal prosecutors the kind of powers that they exercise in civil and judicial life. Furthermore, legislative leaders would be more inclined to scrutinize carefully legislation introduced or lobbied by the non elected government officials.

 

Our legal process is becoming an instrument of Government oppression and repression

In Kafka's book, "The Trial", written in Germany in the 1920's or 1930's, the main character, Joseph K., was arrested, put on trial, and found guilty of charges of which he was unaware. No one ever told him why he was on trial and he was never told what he was guilty of. All anyone spoke of was "the Law," and it was this "law" which put Joseph K. on trial, and eventually ended with his assassination.


This book is a statement on how in a seemingly normal society, which is not or does not appear outwardly oppressive, an individual can be conspired against, convicted, and ruined - all under the pretext of an amorphous concept of a "law", even when this individual is innocent.


In his book "The Private Parts of Justice", mentioned earlier, Professor Andrew Ross states:

"America, unlike other, more Kafkaesque countries, is supposed to be a place where the legal process is not an instrument of state repression, where it makes sense to its citizens, where everyone is entitled to a fair shake, and where there is no contradiction between the fact that the country's laws are constantly in a state of redefinition and the perception that the legal rights of its citizens were already fully formed in the mind's eye of its constitutional framers, whose intentions fully reflected the common sense or natural reason of the people."

What appears and what actually happens are two different things. In essence Professor Ross concludes that the legal process in our country is not different than that of Kafkaesque countries in that it has become an instrument of state repression because of our deviation from constitutional law. Indeed, in recent times, abstract, amorphous and unconstitutional laws have been passed that have escaped proper Congressional scrutiny. In the hands of the wrong law enforcement officials or federal prosecutors, these laws have become truly instruments of repression, even in a country such as ours where presumably we have safeguards against abuses of justice.

 

Our country is becoming a Police State

If unconstitutional laws can undermine the legal process to become instruments of oppression and repression, and if unscrupulous prosecutors are allowed to operate in our courts and succeed in convicting innocent people using such laws, then a police state cannot be very far away. Is this happening in our country? It certainly appears that way. If we continue to allow unconstitutional laws to be enacted without even protesting, it is only a question of time before all our civil rights and liberties are forever lost to forces of tyranny and repression. IF WE ALLOW THIS KIND OF REPRESSION TO CONTINUE, WE HAVE LOST AMERICA.

Is there a light at the end of the tunnel?

Thomas Jefferson

Greater issues and philosophies arise from the above discussion: that some of the new laws in our country - introduced by non elected officials with hidden agendas - threaten our basic constitutional freedoms and safeguards and have subverted and undermined our Criminal Justice System. Therefore, a greater awareness is needed in allowing the passing of any new laws. Before enactment, all laws need to be adjudged constitutionally accurate in their intent and language so as to adhere strictly and hold true to the rules and principles of the Constitution of the United States of America and its Bill of Rights and subsequent Amendments. Congress needs to be more vigilant of judicial abuses and injustices and of improperly applied laws by federal prosecutors. Prosecutorial immunity from misconduct should be withdrawn. Finally, only through civil responsibility, vigilance and determination, we can restore constitutional laws and justice in America, and thus engender a higher degree of fidelity to a Criminal Justice System that adheres to our country's founding principles.

(Copyright © 2000 George Pararas-Carayannis. All rights preserved.)

"Where shall we seek justice when the injustice of power is our destruction?" Euripides

"As nightfall does not come at once, neither does oppression. In both instances, there's a twilight where everything remains seemingly unchanged, and it is in such twilight that we must be aware of change in the air, however slight, lest we become unwitting victims of the darkness." Supreme Court Justice William O. Douglas

 

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