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The Buck Stops with Congress

Congress gave Clinton the funds to create the Federal Gestapo deployed on
Easter weekend

By Howard Phillips
Constitution Party Campaign 2000 Presidential Nominee
May 4  2000

 The kidnapping of Elian Gonzalez from the peaceful home of law-abiding
American citizens by 151 armed Federal police, accountable to the President
of the United States --- who, in the dark of night, knocked down the front
door with a battering ram, destroyed family property, gassed and physically
abused the inhabitants --- gives stark warning to everyone who loves justice,
hates tyranny, and harbors concern for our liberty and security.

The abuse of power in this instance, is, unfortunately, not unprecedented. On
many occasions during both Republican and Democratic Presidencies, armed
Federal police from a variety of agencies have violently transgressed the
right of American citizens to be secure in their homes from arbitrary
political assault.

One of the most visible examples of such abuse occurred earlier in the
Clinton administration at Waco, and again at Ruby Ridge. In each of these
cases, U.S. citizens peacefully occupying private dwellings were killed, in
consequence of reckless, unconstitutional actions by agencies of the U.S.
government.

What makes the armed invasion of the Gonzalez home and the psychologically
brutal seizure of Elian unusual, and particularly dangerous, is the personal
involvement of the President of the United States, who precipitously embarked
on a course of action clearly in conflict with a ruling, just days before, of
the U.S. Court of Appeals in Atlanta.

Although Mr. Clinton was the perpetrator of the criminal, unconstitutional
acts cruelly executed on April 22, 2000, it is the Congress of the United
States which is ultimately culpable for this historic miscarriage of justice,
and it is Congress which bears the burden for corrective action.

The Founders of our American republic had a rightful concern about the
creation or existence of a "standing army" by means of which military force
would be concentrated in the Federal head in such a manner as to threaten the
independence of the several states and the liberties of their citizens.

Amendments IV, IX, and X of the Bill of Rights, added to the Constitution of
the United States, manifest the Founders' concern about the Federal
government assuming powers not expressly delegated to it by the states.

They were crafted to guard against any such usurpation or abuse of power:

"Amendment IV: 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."

"Amendment IX: The enumeration in the Constitution of certain rights shall
not be construed to deny or disparage others retained by the people."

"Amendment X: 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."

It is the responsibility of the Congress of the United States to hold the
Executive accountable to the plain text of the Constitution.

The judiciary can prescribe, but, lacking control of the pursestrings, it
cannot enforce the conclusions which it has posited. Only Congress can strip
a lawless Executive of the resources required to perpetrate unconstitutional
conduct of the sort incurred in the Gestapo-like pre-dawn raid on Saturday of
Easter weekend.

One example of the subversion of the doctrine of "separation of powers" was
the failure of the Miami and Dade County police to report directly and
primarily to the elected executive authorities of the jurisdictions from
which, at least theoretically, the local police derived their authority.

This breakdown of accountability to duly elected local officials manifests
the degree to which Federal subsidy and regulation of local law enforcement,
made possible by decisions of the Congress, has destabilized the checks and
balances of Constitutional liberty.

Similarly, the creation of an out-of-control Federal Praetorian Guard, of
which the INS police force is just one element, is particularly ominous.

Too many domestic Federal agencies, including the Bureau of Land Management,
the Bureau of Alcohol, Tobacco and Firearms, the Fish and Wildlife Service,
et cetera, have been unconstitutionally accorded the authority to bear arms
against the citizens of the several states.

In appropriating funds for such purposes, Congress is itself disregarding the
intent of the Framers in limiting the Federal government to its delegated,
enumerated powers.

And by failing to hold President Clinton accountable for his long train of
unconstitutional and criminal conduct, it is Congress which bears
responsibility for facilitating the entrenchment of the dangerous precedents
which have now been established.

It is not too late for Congress to change course and limit future abuses,
but, to do so will require a rigorous reexamination of all Federal
expenditures which extend law enforcement authority to agencies of the
Executive Branch.

The assault in Miami reminds us also of the importance of fully respecting
our Second Amendment rights. There were no trigger locks on the assault
weapons used on April 22 by camouflaged INS agents of the Federal Gestapo.

How then can Congress justify imposing such restrictions on weapons available
to the U.S. citizens from whom the Federal government derives its authority?

When the government has a monopoly, or even a preponderance of force, the
liberties of the people are far less secure.

Certainly it was chilling to see officials of the U.S. government assert that
the possibility of an American family legally possessing firearms was somehow
a justification for the invasion of their home by trained killers armed with
machine guns.

It is past time for Congress to disarm an out-of-control Federal bureaucracy
and to fully honor the right of the people to keep and bear arms.

It was well established that William Clinton was a dishonorable and
Constitutionally corrupt lawbreaker when the leadership of the U.S. Senate
decided to so stipulate his impeachment trial as to virtually assure that he
would not be removed from office.

For that reason, too, it is, now more than ever, the urgent obligation of the
Republican leadership in Congress to act to restrict and rein in the
unaccountable domestic military capability which they have unwisely assigned
to Mr. Clinton's control.




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