by Bob Barr | Mar 8, 2022 | Daily Caller Article |
Daily CallerHopes that the current Supreme Court might at long last place even the mildest of limits on the federal government’s ability to hide behind a broad, virtually impenetrable “national security” shield were dashed last week when, in a pair of decisions, the High Court refused to make even a dent in the so-called “state secrets privilege” behind which Uncle Sam has hidden for nearly seven decades.The two decisions – one unanimous and the other with one of the more “conservative” justices (Neil Gorsuch) joining with one of the most “liberal” (Sonia Sotomayor) in dissent – leave intact a legal maneuver that since 1953 has permitted Uncle Sam to block any legal action that might reveal evidence the government does not want to be made public, even if for no reason other than to avoid embarrassment or if the information sought to be disclosed has already been made public.The so-called “state secrets privilege” (or “doctrine”) is not enshrined in any law, but is simply a judge-made rule that stops cold in its tracks any lawsuit or subsequent legal action brought against the federal government alleging official wrongdoing (including violation of an individual’s constitutionally guaranteed rights). All that government lawyers need do in order to invoke its protection is to claim that disclosure of material sought by private parties would harm “national security,” and ask the federal court hearing the matter to dismiss the proceedings out-of-hand. They can do this without having to disclose precisely what the actual “harm” to national security might be.I was among those who had hoped last December that the Supreme Court would use the opportunity of being...
by Bob Barr | Mar 2, 2022 | Daily Caller Article |
TownhallAmong the bleak, often harrowing images coming to us from Ukraine as it suffers a vicious invasion by Russia, there are images of hope and strength. Pictures of civilians lining-up to receive firearms or forming makeshift assembly lines to assemble Molotov Cocktails, are examples of something that many Liberals simply fail to grasp as a moving force of human nature – acts of self-preservation against those who would take away individual liberty.“The first and strongest desire God planted in men, and wrought into the very principles of their nature, [is] that of self-preservation,” John Locke wrote in 1689. The response of Ukraine citizens (who just days before might have been planning vacations or running errands) to arm and fight against Russian invaders, is perhaps one of the best examples in modern history of what Locke meant. Survival is an instinct of humanity, and self-preservation is its natural mechanism. Government, as our Founders clearly understood (and they knew Locke’s writings well), is – should be – instituted in order to preserve freedom and human life, not limit, or restrain it, whether by force or decree.This is a principle the Left seems never to understand or accept about the Second Amendment.Although liberals want to pretend the scope of the Second Amendment is a collective right only applicable to militias, or hunting at the most as an individual right, such a position is wholly at odds with the Amendment’s philosophical and historical foundation. The Second Amendment was, and continues to this day to be, a codification of the natural right to self-preservation, and self-defense. Regardless of whether a nation codifies that right in its laws and...
by Bob Barr | Feb 28, 2022 | Daily Caller Article |
Daily CallerVirtually every facet of civilian society in America has become openly and deeply politicized. It was only a matter of time before the curse of politicization hit the armed forces. The tipping point came in late January with a Department of Justice court filing in Connecticut, in which the Biden administration officially gave the green light for National Guard troops to unionize when on active state duty.Is this a terrible idea? Yes. But is it surprising? Not really. Once Lloyd Austin, President Biden’s Secretary of Defense, commenced his service at the Pentagon in early 2021 by declaring that “extremism” in the ranks is a top priority for the Defense Department, the political die was cast.The political football has now been passed from the Defense Secretary to Attorney General Merrick Garland, who gladly ran with the ball in the Connecticut case, announcing that the Department sees no problem with state-controlled National Guard personnel joining unions. (Currently, more than 400,000 men and women are subject to being called up for such state service.)The repercussions of this decision already are being felt in Texas, where groups upset with Gov. Abbott’s use of the Texas National Guard to assist in protecting the state’s border with Mexico (“Operation Lone Star”), are moving to enlist Guard members in that state to meet and organize collectively. The Abbott administration is fighting the move, which almost certainly will result in contentious and lengthy legal wrangling.The issue of unionizing National Guard units has been percolating quietly for several years, though not until the Justice Department’s January court filing in Connecticut has it reached the front burner.For example, a relatively small number...
by Bob Barr | Feb 23, 2022 | Townhall Article |
TownhallExcept in the months preceding a crucial midterm election, today’s Democrats would argue that high gas prices are a good thing. They see gas prices as a Pigouvian tax on fossil fuels that accelerate the shift to renewable “green” energy. Regulatory and legislative actions such as killing the Keystone Pipeline early last year, and closing off federal lands for oil drilling, were made by the Biden Administration and its congressional cohorts knowing full well such decisions would raise gas prices for consumers. Democrats were okay with that, until their polling numbers began dipping into the frigid zone. It appears now to have dawned on them that higher gas pump prices are a ballot box killer; this year in particular with Joe Biden’s poll numbers deeper underground than oil shale.This has left Democrats scrambling to find a way to explain to voters how paying more at the pump is a positive part of their environment masterplan, resulting in one of the dumbest proposals to come out of Congress in decades – which is saying something.Democrat Brainiacs have concluded that a “gas tax holiday” in this election year is the perfect solution!Don’t get me wrong. I love tax cuts, especially when permanent and when combined with offsetting cuts in spending. This latest goofball idea of a “gas tax holiday,” however, is neither. Not only is it temporary, but there are no concurrent spending cuts to counter the drop in revenue. In fact, Biden’s enormously expensive infrastructure plan relies heavily on federal gas tax revenue, and the drop in funding for however long Democrats consider “temporary” (the day after the midterms, perhaps?), would simply result in more...
by Bob Barr | Feb 22, 2022 | Daily Caller Article |
Daily CallerOn Feb. 14, Prime Minister Justin Trudeau gave Canadians a Valentine’s Day present, invoking the draconian “Emergencies Act” and suspending a wide range of civil liberties otherwise enjoyed by his countrymen.Lest Americans conclude that our constitutional republic is safe from such facially dictatorial actions, they should know that under existing federal laws and the laws of every state, the president or a governor could take similar “emergency” action at any time they decide an “emergency” presents itself. COVID has demonstrated this is spades.Regardless of whether a real emergency exists prior to a president or governor invoking such powers, and regardless of whether such declaration is for a statutorily limited time, consequential damage to the fabric of a free society results. At a minimum, declaring an “emergency” and suspending individual liberties serves as a “warning” to citizens that they had best be careful what they say and do in the future.Trudeau’s actions in declaring a “national emergency” because of an irksome, but peaceful, trucker’s strike should cause Americans to pay far closer attention to “emergency powers” laws here at home. Doing so might force some of our countrymen to question the abject fear that has undergirded much of public policy in the United States since the terror attacks of 9/11 — made far worse by the manner in which governments at all levels have responded to the COVID pandemic in the past biennium.From a practical standpoint, as we see in Canada, it matters little whether the declaration of the “emergency” fits clearly within the four corners of the emergency law that is invoked. What matters is the presence of...
