Our podcast today places the New York bill of attainder law aimed at President Trump’s tax returns into the bigger context of what it would be like to live under the tyranny of a socialist regime.
The New York law continues the precedent set by Mueller’s investigation that places the American jurisprudence principle of innocent until proven guilty on its head.
The socialists have already judged Trump to be guilty before the fact and are searching his tax records for ex post proof of his guilt.
As Governor Cuomo stated upon signing the Bill,
“If Trump is worried about law enforcement, he shouldn’t break the law.”
If the socialists are successful in using the power of government to violate President Trump’s 4th Amendment right of liberty to privacy of his personal documents, then the socialists will have the power to violate the liberty of any, and all, citizens.
The 4th Amendment states:
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.
Beyond violating Trump’s liberty, the New York law is unconstitutional for two additional reasons.
First, it is an unconstitutional implicit delegation of authority from Congress to the legislature of New York to achieve a Democrat Party political purpose, at the state level that could not be obtained at the Federal level.
Second, it violates Trump’s 4th Amendment right of immunity from a Bill of Attainder, based upon a socialist conspiracy to deprive Trump of his rights.
Our podcast concludes that the New York law violates the principle of separation of powers by combining the power of the central government with the power of state government to defraud a citizen of liberty.
The Democrats in New York are united with the Democrats in Congress by the ideology of socialism, and the combined, consolidated power of state and federal government is the force that compels obedience to the ideology of socialism.
The ideology of socialism means the death of American individual liberty.
I am Laurie Thomas Vass, and this is the copyrighted Citizen Liberty Party News Network podcast for July 12, 2019.
Our podcast today is under the CLP topic category Social Justice and The Democrat’s Destruction of the Rule of Law and is titled, “New York’s Bill of Attainder Targets President Trump’s Liberty.”
The most recent podcast of the CLP News Network is available for free. The entire text and audio archive of our podcasts are available for subscription, at the CLP News Network.com.
The Evolution of New York’s Bill of Attainder.
The King of England used the House of Lords to pass a bill of attainder to punish the King’s political enemies. The King would first judge the enemy guilty of disloyalty to the Crown, and put the actions of the enemy into a bill that outlawed the activity of the enemy, without actually naming the enemy.
The House of Lords would pass the Bill, and the King’s guards would arrest the enemy.
Disloyalty to the Crown is equivalent to being a traitor. The penalty for being a traitor was death.
In less severe cases of disloyalty, the King would lock the enemy in prison, for years, without trial or evidence. The enemy was judged guilty, before the fact.
When the English tradition arrived in the colonies, the King, and his Privy Council, would judge a colonist to be disloyal to the crown, and the House of Lords would pass a bill of attainder to have the colonist arrested.
After 1776, the patriots, at the state level, used the bill of attainder to target loyalists to the King. In the name of the state government, the states would send out the militia to arrest the Tory, and in most cases, banish the Tory from the State.
The punishment contained in the bill of attainder was confiscation of the Tory’s lands and possessions, without trial. The Tory was guilty before the fact, not innocent until proven guilty.
In 1787, Madison assumed that the practice of attainder was so well understood that he did not need to add any text to the constitution to clarify the meaning.
Article I, Section 9, clause 3, of the Constitution simply states,
No Bill of Attainder or ex post facto Law shall be passed.
The Constitution’s bans of bills of attainder at both the federal and state level serve two purposes:
They enforce the fundamental doctrine of separation of powers by forbidding the legislative branch from performing functions constitutionally delegated to the judicial or executive branch.
They embody the protections of due process of law expressed in the Fifth, Sixth, and Eighth Amendments.
Madison addressed the topic of attainder in Federalist #44.
Madison stated,
“Bills of attainder, ex-post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. … The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community.”
Madison continued,
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
In the case of New York’s Bill of Attainder, the legislative power of a state is combined with the legislative power of Congress to usurp the authority of the judicial system.
John Locke had addressed the same topic, from the perspective of the non-delegation principle. Locke stated,
“The power of the legislative, being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, the legislative power can have no power to transfer their authority of making laws, and place it in other hands.”
In the case of New York’s bill of attainder, both the principle of non-delegation, and punishing a political enemy, are the relevant constitutional issues.
The New York Legislature enacted a law and the U. S. Congress will use the law to enforce it against Trump.
The constitutional principle of non-delegation prohibits Nadler, and any other Democrat in Congress, from relying on the New York Bill to pursue punishment of Trump.
Acting in combination, the two levels of government are both the enactor and the enforcer of law. In violation of Madison’s framework, in the New York Bill of Attainder, there is no separation of powers.
Chief Justice Marshall emphasized the principle of non-delegation in re: Fletcher v. Peck, when he stated:
“A bill of attainder may affect the life of an individual, or may confiscate his property, or may do both. In this form the power of the legislature over the lives and fortunes of individuals is expressly restrained.”
Trump’s Crime Against the Religion of Socialism.
The one constant in the history of bills of attainder is the use of legislation to target an enemy of the state.
Beginning in 1542, Henry 8th, executed his political enemies, using the Attainder.
In the socialist construction of reality, Hillary was supposed to have won the 2016 election, and Trump’s crime against socialism is that he beat Hillary.
In the socialist imagination, it was impossible for Trump to have beaten Hillary, so the socialists are looking for evidence that Trump beat her illegally.
The morning after the 2016 election, the Democrats convened a strategy session to find evidence that Trump colluded with the Russians to beat Hillary.
The New York Bill of Attainder is a continuation of the strategy to punish Trump, by removing his illegitimate Presidency, and restoring the socialist social order.
Mueller did not find the evidence needed to remove Trump, and Nadler and Cuomo have used the Bill to find the evidence in Trump’s tax returns.
The crime Trump committed is disloyalty to the religion of socialism.
Just like the King of England, the Democrats have judged Trump to be guilty, without the need for a trial.
The effect of the New York bill is to nullify Trump’s civil rights, most notably the right to privacy, and the right to a trial, where he is presumed innocent, until proven guilty.
In signing the New York Bill of Attainder, Cuomo stated the justification as,
“This bill gives Congress the ability to fulfill its constitutional responsibilities, strengthen our democratic system and ensure that no one is above the law.”
Under Madison’s Constitution, it is not New York’s responsibility to give Congress the ability to fulfill its constitutional responsibilities. Rather the conspiracy between Democrats is evidence of congressional intent to punish Trump.
And, in the socialist Democrat religion, Hillary is above the law, and Trump must be punished for defeating Hillary.
This is my conclusion.
In Madison’s comments about attainder, in Federalist #44, he describes part of the tyranny of living under a socialist regime.
Madison states,
“The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights.”
New York’s Bill of Attainder is an example of the sudden, arbitrary and capricious, changes in liberty under the consolidated power of government in a socialist regime.
In socialism, there is no separation between government and the individual. The Democrat’s deployment of the bill of attainder is part of the Democrat’s destruction of the American Rule of Law.
The high priests of the socialist religion, such as Nadler and Cuomo, can direct the arbitrary power of government to punish any citizen who displeases them.
One of the fundamental differences between the socialist political perspective and conservatives is how each side views society.
In the socialist collectivist perspective, entire classes of citizens are lumped together into social identity groups, that form society. In the socialist imagination, groups have rights, not individuals.
Any citizen who opposes the socialist ideology is an enemy of the state, in the same way that any person who opposed the King was deemed a traitor.
For example, the socialists do not make any distinctions about individual members of the Republican Party. All Republicans are deemed enemies of social justice, and under a socialist regime, all Republicans would be targeted for punishment.
In Western conservative tradition, society is composed of individuals, who band together to form constitutions to protect liberty.
The flaw in the conservative tradition, currently, is that conservatives apply the individualist perspective to socialists.
A better way to view socialists, and all Democrats, is to view them as a collectivist group, bound together by their allegiance to the socialist religion.
Nadler’s religion is the same religion as Cuomo’s religion. There is no separation between church and state, in the socialist regime because all socialists are social justice warriors.
When ever, and where ever a conservative confronts a Democrat, the best treatment is to immediately see the socialist as an anti-American traitor, and to apply to the socialist exactly the same treatment that they apply to conservatives.
The threat to individual liberty today arises from a dedicated ideological, left-wing political movement that seeks to undermine a legitimate constitutional government, in order to implement a totalitarian socialist, centralized regime.
On every single principle of a natural rights republic, the socialists have an alien, subversive, view of American liberty. The ideological differences are permanent and irreconcilable.
The New York socialist assault on Trump’s liberty is an assault on all liberty. His fight for enduring liberty is our fight for enduring liberty.
Liberty lost through political dirty tricks, like attainder, are impossible to regain in Madison’s representative republic.
The American liberty that is lost, today, through Democrat Party politics, is only regained through revolution.
I am Laurie Thomas Vass, and this podcast is a copyrighted production of the CLP News Network
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