Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms

As Bruce Fein, the former associate deputy attorney general under President Ronald Reagan, warns in a recent article in the Baltimore Sun, “In November, the American people will have a choice between Harris-Walz and Trump-Vance. But they will not have a choice between an Empire and a Republic.”

In other words, the candidates on this year’s ballot do not represent a substantive choice between freedom and tyranny so much as they constitute a cosmetic choice: the packaging may vary widely, but the contents remain the same.

No matter who wins, the bureaucratic minions of the Security/Military Industrial Complex and its Police State/Deep State partners will retain their stranglehold on power.

Neither Donald Trump nor Kamala Harris have the greatest of track records when it comes to actually respecting the rights enshrined in the Constitution, despite the rhetoric being trotted out by both sides lately regarding their so-called devotion to the rule of law.

Indeed, Trump has repeatedly called for parts of the Constitution to be terminated, while both Harris and Trump seem to view the First Amendment’s assurance of the right to free speech, political expression and protest as dangerous when used to challenge the government’s power.

This flies in the face of everything America’s founders fought to safeguard.

Those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. It is there to protect, defend and even enhance our freedoms, not violate them.

Unfortunately, although the Bill of Rights was adopted as a means of protecting the people against government tyranny, in America today, the government does whatever it wants, freedom be damned.

In the 23 years since the USA Patriot Act—a massive 342-page wish list of expanded powers for the FBI and CIA—was rammed through Congress in the wake of the so-called 9/11 terror attacks, it has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse.

The Patriot Act drove a stake through the heart of the Bill of Rights, violating at least six of the ten original amendments—the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments—and possibly the Thirteenth and Fourteenth Amendments, as well.

The Patriot Act also redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations and civil disobedience are now considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

In fact, since 9/11, we’ve been spied on by surveillance cameras, eavesdropped on by government agents, had our belongings searched, our phones tapped, our mail opened, our email monitored, our opinions questioned, our purchases scrutinized (under the USA Patriot Act, banks are required to analyze your transactions for any patterns that raise suspicion and to see if you are connected to any objectionable people), and our activities watched.

We’re also being subjected to invasive patdowns and whole-body scans of our persons and seizures of our electronic devices in the nation’s airports. We can’t even purchase certain cold medicines at the pharmacy anymore without it being reported to the government and our names being placed on a watch list.

In this way, “we the people” continue to be terrorized, traumatized, and tricked into a semi-permanent state of compliance by a government that cares nothing for our lives or our liberties.

The bogeyman’s names and faces have changed over time (terrorism, the war on drugs, illegal immigration, a viral pandemic, and more to come), but the end result remains the same: in the so-called name of national security, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded with the support of Congress, the White House, and the courts.

A recitation of the Bill of Rights—set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, vaccine mandates, lockdowns, and the like (all sanctioned by Congress, the White House, and the courts)—would understandably sound more like a eulogy to freedoms lost than an affirmation of rights we truly possess.

What we are left with today is but a shadow of the robust document adopted more than two centuries ago. Sadly, most of the damage has been inflicted upon the Bill of Rights.

If there is any sense to be made from a recitation of freedoms lost, it is simply this: our individual freedoms have been eviscerated so that the government’s powers could be expanded.

So what’s the solution?

It was no idle happenstance that the Constitution opens with these three powerful words: “We the people.”

In other words, it’s our job to make the government play by the rules of the Constitution.

From the President on down, anyone taking public office should have a working knowledge of the Constitution and the Bill of Rights and should be held accountable for upholding their precepts. One way to ensure this would be to require government leaders to take a course on the Constitution and pass a thorough examination thereof before being allowed to take office.

Some critics are advocating that students pass the United States citizenship exam in order to graduate from high school. Others recommend that it must be a prerequisite for attending college. I’d go so far as to argue that students should have to pass the citizenship exam before graduating from grade school.

Here’s an idea to get educated and take a stand for freedom: anyone who signs up to become a member of The Rutherford Institute gets a wallet-sized Bill of Rights card and a Know Your Rights card. Use this card to teach your children the freedoms found in the Bill of Rights.

A healthy, representative government is hard work. It takes a citizenry that is informed about the issues, educated about how the government operates, and willing to do more than grouse and complain.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, “we the people” have the power to make and break the government.

Editor’s Note: John Whitehead is an Attorney and Author who has written, debated and practiced widely in the area of Constitutional Law, Human Rights and Popular Culture. John Whitehead's Commentary are his views and he is open for discussion, he can be contacted at: johnw@rutherford.org. Information about The Rutherford Institute is available at: www.rutherford.org