Homeland Security

Mark A Cella on Homeland Security

Does the US Department of Homeland Security Really Secure Anything or Does it Work Against the American People? Big Brother is Watching Us More Than We Think.

Many things came from that dreadful September day in 2001, the US Department of Homeland Security was just one amongst many. Terrorist’s attacks–or so we were told they were terrorists–were successful on U.S. soil and thousands of Americans died.

Parents were lost; brothers died; children became orphans; families were ripped apart. The sense of security that came with being a citizen of this country was taken, perhaps forever; the US Department of Homeland Security was created.

Never before had such an attack been carried out within the continental United States. Yes, there was Pearl Harbor, another American tragedy that resulted in the loss of thousands of lives, but it was a military installation separated from the bulk of the nation by an ocean.

Many questions arose about how something like this could have happened and why it was not stopped.

Mark A Cella What is the Dept of Homeland Security Doing?

After all, it would make sense that coordinating plane crashes into various targets at the same time of day would take years of planning, numerous people, and lots of discussion. Yet somehow the terrorists involved were able to train and do what was necessary to carry out their cowardly act.

In the days and months following the deadly attacks of September 11, there was much discussion as to why these terrorists were not discovered prior to these attacks and why weren’t they stopped.

Perhaps one of the problems was not a single agency was responsible for keeping the homeland safe.

In fact, there were over 100 government agencies that had some type of responsibility related to homeland security, but none with homeland security as its primary task.

It is no wonder than there was no single entity with enough information to see these attacks coming.

Mark A Cella on Homeland Security

In an attempt to learn from the mistakes of the past and to prevent another attack on American soil, the US Department of Homeland Security was created to be that one agency intended to ensure the homeland would be secure.

One has to wonder whether or not the terrorists considered the September 11 attacks a success. After all, they killed many of those darn infidels and disrupted the harmony in which the nation existed.

Many pundits would probably quickly answer no and refer to the response which the American government and public gave. The government went through the most intensive restructuring in years to improve and reinforce the sense of homeland security. Citizens were more than giving of their time, money, blood, etc.

Shortly after 9/11 this was all true. A look at the state of the nation now tells a different story.What began as the war against terrorism has bogged down into a never ending conflict without a reasonable and definitive end in sight.

Instead of being grateful for increased security at airports, more and more people complain about how long it takes to get through the lines.

Mark A Cella on Homeland Security

The US Department of Homeland Security is even coming up with an automated system for foreign nationals travelling into or out of the U.S. The Patriot Act has been a mess of controversy since it was implemented. More government wiretaps with little or no cause? Whatever happened to the right to privacy?

The government can even read emails that may appear suspicious. How do they differentiate the suspicious from the non-suspicious? More than likely they just read whatever they feel like in hopes of finding suspicious activity.

The US Department of Homeland Security may be keeping us more secure now, but we will not know how secure until the next serious attack is attempted. Maybe it has already happened and the general public does not know. Maybe the government is not telling the public in order not to incite mass hysteria or encourage hate crimes against Muslims.

Is the mass restructuring of the government doing a better job? Citizens of New Orleans would say a resounding NO!

Fast forward from September 2001 till 2009 and we see a United States that is much different. Distrust in the government is rather high with the massive failure to act in New Orleans after Katrina and the suspected unnecessary abuses of civil liberties prominent in the minds of the people. Citizens live in a state of perpetual fear, being told by the government that another attack is coming but they do not know where. Faith in government is down. Fear in the unknown is up.

The creation of the US Department of Homeland Security might just be the symbol of success terrorists worldwide were looking for and not the symbol of security a nation needs.

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categories: homeland security,government,freedom

Mark Cella A Bit About Common Law

Mark Cella What About Common Law?

Common Law in the USA is the Ghost of English Feudalism. America is Thought to be Based on a Fair Legal System but the Tyranny of Old England Lives on in Our Laws Today.

Common law in the USA is the injustice of the legal system that guards property for the banking mafia. Despite the Founding Fathers having sought a systemic change to get out from under the oppressive reign of the English crown, injustice lives on today.

In the 21st Century, this is still the case. US law in the new millennium is still based on common law from pre-colonial England.

Some of the essence of laws considered to be sacred in the United States actually date back to feudalist England in the 12th Century as is explored by S.F.C. Milsom of Cambridge University in his 2003 book, Historical Foundations of the Common Law and Legal Framework of English Feudalism.

Mark Cella a Bit About Common Law

These laws were ‘discovered’ in feudal courts onward based on arguments and the practical decisions of judges in a trial and error basis. In other words, in the US today, the legal system is based, in part, on what the feudal lords and later the Englishmen convinced judges based on the individual interests of accused and plaintiffs at the time.

This contradicts the idea that the modern legal system is based on the common good or on improving society; it is based on a literal trial and error process that began in the 12th Century with the signing of the Magna Carta, where the basic but limited notion of freedom first appears.

The defense of property and the rights of property as a fundamental principle, outweighed any implicit rights for human beings.

From then onwards, common law in the USA and other laws continued to be developed in a process of expanding the rights of defending individual property and the rights of property holders. Thus, naturally evolving over time into the laws of the modern US capitalist society.

Mark Cella What About Common Law?

The common law system of judges ruling based on custom, or legal precedent has evolved in the United States. Common Law in the USA has been mingled and mixed with a system of equity law over the past two centuries.

Equity Law also comes from England where it was created by the Crown in order to address matters not covered under existing common law. It seeks equity or justice through a set of principles and codes. Common Law in the US also lives alongside a set of codes and principles that are theoretically aimed at leveling the playing field and protecting the weakest.

However, even in a mixed system, the court’s prerogative to stick with custom rather than set precedent in most cases means that common law, which privileges the propertied, usually wins out over laws having to do with moral imperatives and the concept of justice.

This concept, justice, is an abstract concept; yet it is primordial to any society that truly seeks to promote an equality of freedoms.

Mark Cella on Common Law

A series of documents, which on the whole are referred to as the ‘Freedom Charter,’ laid the basis for the foundation of the United States. These documents, drafted and signed by the founding fathers that led the movement to secede from England, are the Declaration of Independence the US Constitution and the Bill of Rights (the first amendments to the US Constitution).

The first of these documents discussed certain inalienable rights of equality that it considered self-evident. The second document laid out the three branch government and its functions, clearly seeking to place greater power, that of making law in the most representative of those branches, the U.S. Congress.

The third was the judicial system, charged with interpreting the law. The third, and no less important of the documents, provided for a number of basic rights of citizens intended to guarantee against dictatorship and protect citizens from the whims of the State overstepping its power.

Mark Cella a Bit About Common Law

Common Law in the USA, as in England, has always evolved to meet new circumstances. But a legal system based in custom or in past behavior can also be an obstacle to change and improving society.

The new society that the founding fathers sought to create based on representation, freedom and equality was stillborn on the American Continent. It was held back by a legal system based in the protection of property.

Today, for real change to occur, common law in the USA does not hold the solution. A new legal system based on the future must be created to eliminate the ghost of English feudalism that plagues the American judicial system that only protects the dominant economic order.

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categories: common law,law,legal,jury,judges,freedom,politics