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Delenda Est Cabal! Part 6
We Once Were The Cops

By Mary W Maxwell, PhD
7-1-11
 
Walk with me through some of the factors that show an emergence of a police state in America, and then come along for an interesting view, provided by Chris Williams in the UK, of how the police power used to be exercised very locally.  "We" were the cops. I believe we can and should recapture that control. "Delenda est cabal!" Destroy the cabal that is foisting upon us a police state!  Just say No! Block their paychecks.  It's easy.  It's a snap.
 
AN UNPLEASANT Q&A FOR THE UNITED STATES, IN 2011
 
Who is authorized to arrest you these days?  Can he enter your home without a warrant?  Without knocking? Must the arrest occur in daylight, or is 3.30 am permissible?  Can the cops read your written documents in your home? Can they order others to exit your home while they are arresting you? Can they throw you to the floor before announcing the purpose of their visit?
 
Do the cops answer to the mayor of your town?  What is the role of county sheriff? What does it mean for cops to be 'deputized' by a federal agency such as the FBI?  What is a multi-jurisdictional force?  What is a Joint Terrorism Task Force, a JTTF?  (Hmm. Shouldn't that be called an Anti-Terrorism Force?) May they handcuff you behind your back? Under what circumstances can they 'tase' you? Can they tear-gas you?
 
Must a cop reveal his name if you ask for it?  Can you be arrested and then detained without any charges being laid?  If you are unhappy with police, in a general way, to whom can you make your complaint? Can you sue the police? If your property is taken from you, under 'asset forfeiture,' who gets it?  Does the Bill of Rights protect you against searches by the TSA? When you are in prison, can you be made to wear a stun belt?
 
Are there times when US military persons may act as cops, other than towards soldiers? Can you be made to hand over any guns that you lawfully possess? Or any food you own? Can a 'contractor' arrest you?   In the event of a natural disaster, must you obey an order to leave your home?
 
I believe that, as of mid-2011, a general answer to the above questions can be provided in the following five observations:
 
1. Until a few decades ago, the Bill of Rights protected Americans against invasion of their home, inspection of their papers or appropriation of their goods, disarmament of their guns, etc., by police.  The police were not federal or military or contractors, nor were they 'deputized.'  They answered to their paymaster at a city, or county level, or a state level, say, for 'state troopers.' Police brutality could be sorted out via lawsuit and public opinion (as could such things as wire-tapping). The Constitution grants only minimal police power to the feds, e.g., a Customs authority.
 
2. Beginning around 1980, and with reference to the 'drug problem,' several inroads were made, giving the Army a role in drug-related arrests. Congress's legislation for that can be seen as a violation of the Constitution, although a case can be made that the 'commerce clause' (Article I, section 8) provides for regulation of interstate drug traffic. It cannot, however justify federal police or the domestic use of the Army. It cannot breach the many protections guaranteed in the Bill of Rights. That is, such legislation is unconstitutional.
 
3. When unconstitutional laws are passed, the checks and balances should kick in.  The states could have objected but did not!  The judicial branch can act when a citizen brings a case to court. Some errors got corrected that way.  It should be mentioned that state politicians were pressured into accepting 'help' from the feds, in that their local police forces were given subsidies for performing new tasks. (This has been the main way in which state autonomy is weakened, as in school funding; education is no way a federal prerogative, but who refuses money?)
 
4. Beginning in the 1990s, Congress got more creative about legislating for potential emergencies. It had done so since 1950, related to natural disasters and to the Cold War scare of nuclear attack by Communists. Thus there has been, 'on the books,' the right of the federal government to do even such a remarkable thing as grab food from your home. As to personnel, the executive trend toward 'privatization' led to contractors.  In private, profit-making prisons, the ability to stun a prisoner by remote control, aimed at his electronic belt, is seen as justifiable because it saves the hiring of guards to control him.
 
5. Beginning in 2001, 'terrorism' was the engine that drove citizen rights down, especially the allegation that foreigners among us were poised to attack. New alphabet agencies were formed, such as TSA, and weird terms like 'homeland security' were used.  The word 'joint' in Joint Task Force meant the FBI could come into a city police office (with a state's acquiescence) and deputize cops to perform 'security' functions jointly with the FBI. This makes it hard to know who is arresting you, and to whom you can complain.  'Katrina' gave contractors a chance to push people out of their homes and take their guns away.
 
As I argue in my book "Prosecution for Treason," the emergence of a police state was not happenstance.  The cabal (the few men who run World Government) had it planned down to the last particular. And of course one cannot logically say the either the drug sales or the terrorist attacks 'caused' government to respond by cracking down.  It was the cabal that arranged for drugs to enter our cities and the cabal that arranged 9/11, the OKC bombing, and other 'terrorist' attacks.  They even played God and used HAARP to cause Hurricane Katrina.
 
It appears that the answer is Yes to most of the nasty questions listed above. Yes, they can 'legally' enter your home, in the wee hours, without knocking, and throw you to the floor. Yes, they can remove your property, and if you ask for their name, or where to recover the property, its unlikely they will give you a respectful answer. Later, if you sue them the court may well dismiss your claim, so the constitutionality never gets tested.
 
It is worth comparing our experience with that of the UK.  Parliament's passage of the Police Act of 1964 quietly shifted control over police forces from the local level to the national level. I am hoping that the following tour of British events will help us to recognize that policing is the job of the society as a whole.  It is not matter of some entity called 'government' or 'cops' having authority of its own.  We are the authorities.   We employ police to do as we instruct.
 
HOW BRITAIN'S POLICE FORCES GOT REMOVED FROM DEMOCRATIC CONTROL
 
It is startling to see the parallels between the US and the UK, regarding a national take-over of the policing power. Here I shall provide a quick summary, based on information from an article entitled "Britain's police forces: forever removed from democratic control?"  by Chris Williams, at the website <http://historyandpolicy.org>historyandpolicy.org.
 
She notes that in the 1800s, local government held the policing power. The 1835 Municipal Corporations Act had made the towns of England and Wales self-governing.  They would select a select a 'watch committee' from their number to run the police force. The town could veto individual prosecutions.
 
By contrast, rural areas had a county bench of magistrates.  They were judges who also had non-judicial responsibilities. Counties named a chief constable, who then ran the force as he saw fit. "He was far more independent than his borough counterpart," William says. This was not a good thing.
 
Let us assume that people understood the importance of controlling the police, and that they knew better than to hand their authority over to a national body. In1856, "the Home Office's attempts to pass police bills that limited the rights of boroughs to control their own police forces were defeated by the boroughs."
 
In response the national government cleverly offered 'funding.' Thus per an Act in 1857, "central government paid a quarter of the costs of 'efficient' forces for all towns of more than 5,000." Meanwhile, in the counties, "a precedent was set in 1888 that would have far-reaching consequences. Police were not included in the remit of the newly-created, elected county councils."  Oh dear.
 
Now have a look at the twentieth century developments in the UK, as to how police got removed from local control. World War I saw increased national control over policing.  "The cherished independence of the watch committees could be extinguished at will, and their forces temporarily amalgamated with the counties in the interests of efficiency."
 
Then, just after the war, there were police strikes in 1919. (Hmm. I wonder who provoked that?) This led to the Desborough Committee. It "recommended that police wages be increased, and that they be set centrally for the first time."  Not too many cops would object to that, would they?
 
Home Office quietly took five further measures to remove the police from local democratic control.  First, it "proclaimed the independence of Chief Constables." The decision by Whitehall (the civil service bureaucracy)"to support the authority of the independent Chief Constable, both borough and county, was justified by referring to the doctrine that since the ordinary constable was ultimately responsible to the law rather than to his superiors, therefore the Chief Constable was too" (Wow).
 
Naturally the judiciary came to the aid of the emerging police state: "In 1930 the contentious decision 'Fisher v Oldham' declared that the constable was the servant of the Crown, not the local authority."  Second, there were 'red scares' in the early 1920s. Thus,  "the expansion in the 'security state' saw an unprecedented level of peacetime planning for counter-insurgency." (Let's see, the menace of Communism, wonder who stirred that one up.)
 
Third, the Home Office "took increasing responsibility for producing a class of leaders for police forces, and thus intervened increasingly in matters of training and promotion. The Hendon Police College was set up in 1933. By the 1950s, Whitehall introduced a policy of refusing to appoint any Chief Constable who had no experience in a different force: this was clearly designed to create a more nationally homogenous force."
 
Fourth, thanks to World War II, funding from Whitehall became greater than 50%. "In 1946 the centrally-provided Block Grant was retained in order to meet the problem of geographical inequality in services."  (Makes me think of New Hampshire's fight against nationally-mandated kindergarten in 2007.  Mustn't have inequality, must we?)
 
Fifth, there were scandals of 'police corruption' leading to, what else, a Royal Commission in 1960 and follow-up legislation, the 1964 Police Act. The commission included a submission "from the Inns of Court Conservative and Unionist Association [one of whose signatories was Margaret Thatcher], which recommended a professional and national force free from 'political' interference."  (Royal Commissions are like the Warren Commission, generally speaking.)
 
"By the 1960s, concludes Chris Williams, the boroughs were finding it hard to articulate a convincing view of localism against the logic of 'efficiency', and if anything they were embarrassed at the extent of their powers: powers that most watch committees had not used for decades."
 
SO LET'S BE EMBARRASSED BY OUR POWER!
 
To sum up, in the US we lost our control over local police by means of Congressional legislation that merely used a few tricks to get us emotionally prepared.  Examples mentioned above were: the Cold War emergencies that 'justified' handing power to the president of the US (rather than the governors, which is where this power constitutionally belongs); the 'drug crisis' of the 1970s, and the terrorism stuff, post 9/11.
 
This is not the place for me to argue the point made in my book "Prosecution for Treason," that all three of those fear-mongering episodes were "Tavistockian." All three were invented in order to get the public into an emotional state that would allow quick surreptitious takeover at the top. I see this mainly a trick that was played on Congress. Presumably even if your elected representative was aware of the trick, he/she did not 'dare' to be seen voting against 'safety' measures.
 
The 'historic events' that 'caused' the police state to emerge were never real. The Cold War was a fake from start to finish, as we were in cahoots with the Soviets. The drug crisis was caused by the federal government; our own military and covert agencies imported the drugs and saw to their distribution to inner cities. (On this point, see the amazing new book about New York's Chinatown, "The Hunt for Kuhn Sa" by Ron Felber) As for 9/11 type terrorism, I somehow don't see Bin Laden knocking down Building 7 with his bare hands, do you?
 
All of that said, and Britain's parallels revealed, there is no reason for us to put up with a police state.  We should return to what the Bill of Rights provides.  By the way, the Bill of Rights wasn't written by the Framers at the Constitutional Convention in 1787.  It was proposed by the first Congress in 1789, as amendments. The promise of this Bill was made during the states' debates over ratification of the Constitution, in 1788, in order to persuade the skeptics. Those debates, often quite heated, are published on the Internet. Hooray!
 
It is time for us to be embarrassed by our great constitutional power. The cabal, operating in Britain, the US, and for that matter everywhere, has oh-so-cutely shifted power to a Gestapo. (That word simply means 'secret state police, and is a compacting of the first letters in the each of three German words  Ge-heime Sta-ats po-lizei.) But we can oh-so-cutely take back our power, by undoing what they did.
 
This has to be done at the local and state level, Congress being too cowardly, and the Courts being too sissy (though Justice Thomas has promised to revisit the federal police power).  I'll bet you anything the cops themselves do not like their bully bosses and would be glad of a return to local control.  All you need do is explain to your neighbors that the local cops' pay must be withheld until they assert their independence.
 
So do it.   Delenda est cabal!
 
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Mary W Maxwell, PhD, is at trineday.com.
 
 
 
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