Dianne Feinstein And The NSA Versus James Madison

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A few weeks ago, Dianne Feinstein claimed that mass spying by the National Security Agency is “lawful, effective and Constitutional.”


I won’t waste my time refuting that nonsense. But I will give you some tools to resist these criminals, without relying on people like Dianne Feinstein to do the right thing — which, by the way, is unlikely to happen.


More on that and some action items you can take today in a bit.

But first, a little more from Feinstein.

Up Is Down

Calling billions of 4th Amendment violations “Constitutional” wasn’t enough for Feinstein. She then  introduced a new NSA “reform bill” that does absolutely nothing to stop the NSA.

A few days later, she took to the pages of The Wall Street Journal for some nasty fearmongering. She wants you to believe that either the NSA must be allowed to continue the spying, or you could get hurt in a terrorist attack.

Her message was basically this: We spy, or you die.

George Orwell knew what this was all about when he wrote: “Politics itself is a mass of lies, evasions, folly, hatred and schizophrenia.”

The Truth — From James Madison

The truth, though, is that you don’t have to keep taking it from people like Feinstein. And you don’t have to sit around waiting for her or her friends to stop the NSA.

James Madison, known as the “Father of the Constitution,” had some advice for what to do; and it doesn’t include relying on the Federal government to stop the Federal government.

In Federalist No. 46, he gave us a four-step plan to successfully resist — in our States — Federal actions we consider either unConstitutional or “unpopular.”

  1. Disquietude of the people: Madison expected the people would throw a fit when the feds usurped power — even using the word “repugnance” to describe their displeasure.
  2. Refusal to co-operate with the officers of the Union: Noncompliance. The Feds rely on cooperation from State and local governments. When enough people refuse to comply, they simply can’t enforce their so-called laws, regulations or mandates.
  3. The frowns of the executive magistracy of the State: Here, Madison envisioned governors formally protesting Federal actions. This raises public awareness, and executive leadership will move things to the next step.
  4. Legislative devices, which would often be added on such occasions: An example of this is the use of State and local legislation — laws and resolutions — either protesting or resisting the Federal acts.


This is effective stuff.

Madison said that if a number of States followed this path, it would “present obstructions which the Federal government would hardly be willing to encounter.”

Judge Andrew Napolitano agreed recently. He said if an entire State refused to comply with a Federal law, this would make it “nearly impossible to enforce.”

Putting It In Practice Against NSA

Using this advice, the Tenth Amendment Center has put together a multi-phase plan to resist the NSA.

Phase 1 starts with passage of the 4th Amendment Protection Act in your State.

This is a “legislative device” that requires a “refusal to cooperate” with Federal spying programs in your State.

No matter what they tell you, the NSA absolutely does rely on help in virtually every State.

Here are just a few prominent examples, all of which would be banned with the passage of the 4th Amendment Protection Act in your State.

Providing vital resources: The NSA is resource-hungry. Back in 2006, they maxed out the Baltimore-area power grid. They were concerned that additional power needs could “cripple” their “mission.” The hunt for new data centers was on.

The one in Utah, for example, requires 1.7 million gallons of water every single day to operate. That water is being supplied by a political subdivision of the State of Utah.

Utah should turn the water off.

No water equals no NSA data center.

(See our ads on this here.)

In Texas, the new data center being built in San Antonio gets all its electricity from a State-owned power company.

They should turn it off and make the NSA fend for itself.

There are NSA locations in Colorado, Washington, Hawaii, Tennessee, West Virginia and Georgia, too.

Universities as research centers: There are currently 166 colleges around the country that the NSA has partnered with as “Centers of Academic Excellence.”

These are major research centers, advancing NSA spying capabilities. And they act as fertile recruiting grounds for future NSA “analysts.”

Many of these universities are State-run, and future partnership would be banned with passage of the 4th Amendment Protection Act.

It’s bad enough they’re spying on all of us, but recruiting our kids to do it? Shameless.

Big Brother in your local police: The NSA’s culture of suspicion is trickling down to local law enforcement. Information collected without a warrant is shared locally through two channels (that we’re already aware of). They share through the Special Operations Division (SOD) and fusion centers.

On top of it, local law enforcement is encouraged to share Suspicious Activity Reports (SAR) upstream with NSA and other Federal agencies. (Learn more about SAR here.)

It’s a very symbiotic relationship.

In short, your local police is being co-opted by Big Brother.

Turn It Off!

Every single State needs to turn it off.

Whether it’s resources like water, electricity or sewage treatment, or research partnerships and information “sharing,” there’s nothing in the Constitution, or any case law, that requires your State to help the Feds violate your rights.

Even the Supreme Court has repeatedly agreed with this “anti-commandeering doctrine.” Relevant court cases are 1842 Prigg, 1992 New York, 1997 Printz and 2012 Sebelius.

Working together, we will send a message to people like Feinstein and her creepy friends at the NSA.

“You don’t get to scare us into giving up the 4th Amendment.”

And how do we do that?

Deliver the message with resistance. They’ll hear us loud and clear.

It’s not going to be easy. And it’s not something that can be done with one bill, one lawsuit or one anything for that matter.

But if we want to live free, we have to take it, as Thomas Jefferson so wisely said: “A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate”

Refuse to comply, and nullify.

Action items:

  • Learn more about the 4th Amendment Protection Act here.
  • Contact your State Representative and Senator by phone. Strongly, but respectfully, encourage them to introduce the act in your State. Contact info here.
  • Contact them again every two weeks until you get an answer. Report back whatever you learn here.
  • Contact your local politicians — county and city or town — and ask them to introduce a resolution in support of this action here.
  • Join the coalition to stop NSA spying here.
  • Sign the petition to turn the water off in Utah here.
  • Get updates on the effort nationally and in your State.

–Michael Boldin

Note from the Editor: Under the Obama Administration, the NSA, the IRS, and the State and Justice departments are blatantly stepping on Americans’ privacy—and these are just the breaches we’re aware of. I’ve arranged for readers to get a free copy of The Ultimate Privacy Guide so you can be protected from any form of surveillance by anyone—government, corporate or criminal. Click here for your free copy.

Personal Liberty

Michael Boldin

is the founder and executive director of the Tenth Amendment Center. Michael has a full schedule working as senior editor of the Center's website, writes a regular column, fields media interviews, and travels the country (when invited, of course) to speak to crowds about sticking to the Constitution — every issue, every time, no exceptions, no excuses.[send him email]

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