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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review December 12, 2013/ 9 Teves, 5774

A Conspiracy So Vast

By Judge Andrew P. Napolitano



http://www.JewishWorldReview.com | Readers of this column are well aware of the revelations during the past six months of spying by the National Security Agency (NSA). Edward Snowden, a former employee of an NSA vendor, risked his life and liberty to inform us of a governmental conspiracy to violate our right to privacy, a right guaranteed by the Fourth Amendment.

The conspiracy he revealed is vast. It involves former President George W. Bush, President Obama and their aides, a dozen or so members of Congress, federal judges, executives and technicians at American computer servers and telecoms, and the thousands of NSA employees and vendors who have manipulated their fellow conspirators. The conspirators all agreed that it would be a crime for any of them to reveal the conspiracy. Snowden violated that agreement in order to uphold his higher oath to defend the Constitution.

The object of the conspiracy is to emasculate all Americans and many foreigners of their right to privacy in order to predict our behavior and make it easier to find among us those who are planning harm.

A conspiracy is an agreement among two or more persons to commit a crime. The crimes consist of capturing the emails, texts and phone calls of every American, tracing the movements of millions of Americans and foreigners via the GPS system in their cellphones, and seizing the bank records and utility bills of most Americans in direct contravention of the Constitution, and pretending to do so lawfully. The pretense is that somehow Congress lessened the standard for spying that is set forth in the Constitution. It is, of course, inconceivable that Congress can change the Constitution (only the states can), but the conspirators would have us believe that it has done so.

The Constitution, which was written in the aftermath of the unhappy colonial experience with British soldiers who executed general warrants upon the colonists, forbids that practice today. That practice consists of judges authorizing government agents to search for whatever they want, wherever they wish to look. By requiring a warrant from a judge based on probable cause of criminal behavior on the part of the very person the government is investigating, however, and by requiring judges to describe particularly in the warrants they issue the places to be searched or the persons or things to be seized, the Constitution specifically outlaws general warrants.

This is more than just a constitutional violation; it is a violation of the natural right to be left alone. When that right is violated, when all of our private movements are monitored by the government, the menu of our free choices is reduced, as we surely alter our private behavior to compensate for being watched. And just as surely, the government expands its surveillance, knowing that it is not being watched.

As a result of these revelations, no one has been fired, except Snowden, and the conspiracy has grown. Earlier this week, The Washington Post reported that the Federal Bureau of Investigation is now spying on us. It seems that the FBI, no doubt jealous of the unpunished lawlessness of the NSA, has acquired software that permits it to utilize the tiny cameras in many home computers to observe whoever or whatever may be in front of the computer screen. The FBI doesn't only look at whoever is using the computer screen; it also captures the words and images on the screen. It seems to have an affinity for monitoring online gaming, even the lawful variety.



In 1949, when George Orwell predicted in his terrifying novel "1984" the future use of television sets to watch us in our homes, many thought he was a delusional paranoid. It turns out that he was just off by a generation. His predictions have come to pass.

Like many growing conspiracies, this one has spawned others. The Washington Post also reported this week that local cops, too, are jealous of the NSA and its ability to break the law with impunity. In an effort to catch bad guys, local police in half a dozen American cities have begun to ask local telecom providers for a "tower dump." A tower dump consists of digital recordings of all cellphone usage from a given cell tower.

When some telecoms balked at these requests, the cops went to judges, some of whom unlawfully authorized these dumps and some of whom declined. Frustrated that the NSA seems to get whatever it wants, some local police have used their own technology to spy. They've purchased a $400,000 device that mimics cellphone towers, drawing cellphone signals to it and enabling the cops to capture telephone calls without the cooperation of telecoms or permission from federal judges. That's called hacking; it is a federal crime and in most areas a state crime, as well.

The assaults on personal freedom never seem to end. The very concept of violating the rights of many in order to catch a few — a practice perfected by tyrannical regimes — has been prohibited for 222 years by the same Constitution that the perpetrators of these practices and the conspirators in these schemes have sworn to uphold.

Sometimes, dissents in Supreme Court decisions articulate American values better than majority opinions do. Here is one from Justice Louis Brandeis that did: "The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings, and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men."

If we permit the government to destroy that right, we will live under tyrannies similar to the ones we thought we defeated.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Your comments are appreciated. Please send them by clicking here.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the Senior Judicial Analyst at Fox News Channel and anchor of "FreedomWatch" on Fox Business Network.



Previously:


12/05/13 The Pope and Basic Economics
11/28/13 What if Thanksgiving Exposes the Government?
11/21/13 The Shutdown and the Rollout
11/14/13 Freedom and Federalism
11/07/13 End Runs Around the Constitution
10/31/13 Spying on the President
010/24/13 A Government of Secrecy and Fear
010/17/13 Debt and Destruction
010/10/13 Before You Rejoice...
010/02/13 Government Looking for Witches Will Find Them
09/26/13 Is the FISA Court Constitutional?
09/19/13 Spying and Lying
09/12/13 The President's Embarrassment
09/05/13 War, War, What is it Good For?
08/08/13 Domestic Spying Is Dangerous to Freedom
08/01/13 Liberty's Backlash
07/25/13 Liberty and Safety
07/18/13 Double Jeopardy
07/11/13 Above the Law
07/04/13 Jefferson Weeping
06/27/13 The Truth Shall Keep Us Free
06/20/13 Fidelity to the Constitution When We Need It
06/1313 Liberty in Shambles
06/06/13 What if Laws Applied to Everyone?
05/30/13 An Assault on Freedom of the Press
05/23/13 Tyranny Around the Corner
05/17/13 Storm Clouds Gathering
05/09/13 Why We Should Mistrust the Government
05/02/13 More Holes in the Fourth Amendment
04/25/13 Boston and Freedom
04/18/13 Taxation Is Theft
04/11/13 Drones, Guns and the President
04/04/13 When the Government Goes Bankrupt
03/28/13 Hope for the Dead
03/21/13 No More Asking for Permission To Speak
03/14/13 What if Nanny Is a Thug?
02/28/13 Obama's False Alarms
02/14/13 Obama's Secret Court for Killing
02/07/13 Obama Gives Himself Permission To Kill
01/31/13 Both sides in immigration debate overlook main issue
01/24/13 Guns and the President
01/17/13 Guns and the Government
01/10/13 Guns and Freedom
12/13/12 Government Spying Out of Control
12/06/12 Republicans for Big Government
11/29/12 Republicans and Taxes
11/15/12 Silencing General Petraeus
11/08/12 Four more years to crush personal freedoms
10/25/12 Silence on Libya
10/18/12 Who Is Responsible for the Mess in Libya?
10/11/12 Let Gary Johnson Debate
10/04/12 Two Failures
09/27/12 The Arab Spring Becomes a Western Winter
08/23/12 Abortion and Rape
08/16/12 November's Choices
08/09/12 Gazillions
07/19/12 The Rule of Law
07/12/12 We Are at a Turning Point
07/03/12 A Vast New Federal Power
06/28/12 Restraining Arizona, Unleashing the President
06/21/12 Can the President Rewrite Federal Law?
06/15/12 Squealing Versus Killing
06/07/12 Where Is The Outrage?
05/31/12 The Secret Kill List
05/24/12 What If We Have Only Memories of Freedom?
05/17/12 Is There a Drone in Your Backyard?
05/10/12 What Constitutes a Fair Trial?
05/03/12 The President's Private War
04/26/12 Rick Perry Was Correct
04/19/12 A Government of Waste
04/12/12 What If the Government Rejects the Constitution?
03/29/12 Can the Government Force You To Eat Broccoli?
03/22/12 Is the CIA in Your Kitchen?
03/15/12 Can the Secret Service Tell You To Shut Up?
03/08/12 Can the President Kill You?
02/23/12 What If Democracy Is Bunk?
02/16/12 Time To Tame the Federal Beast
02/09/12 Do Catholics Have Too Many Babies?
02/02/12 What Is a Just War?
01/25/12 A Few Words About Abortion
01/20/12 How Much Economic Freedom Do We Have in the United States?
01/12/12 What If Elections Don't Matter?
01/05/12 Big Government Cannot Pay Its Bills, Again
12/29/11 The Case for Austerity
12/22/11 New Ideas or Fidelity to Old Principles?
12/15/11 The Government as Lawbreaker, Again
12/08/11 What if our rights didn't come from the Almighty or from our humanity, but from the government?
12/01/11 Can Congress Steal Your Constitutional Freedoms?
11/24/11 What if the Constitution No Longer Applied?
11/17/11 Congress and Secrecy
11/10/11 Does the Government Work for Us, or Do We Work for the Government?
11/03/11 Look at What the Government Has Done with Your Money
10/27/11 What Have the Wars Done for You?
10/20/11 Is Freedom in America a Myth or a Reality?


© 2012, ANDREW P. NAPOLITANO

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