Supreme Court

National Security Agency Is Spying On All American Who Use The Internet and Telephone System and They Collect and Store All Your Communications — Includes Trump and Associates — No Warrant Required If President Obama Designates You A Target — Congress Is Enabling The Turnkey Two Party Tyranny — Warrentless Searches — Congress Does Nothing To Stop It! — Videos

Posted on March 17, 2017. Filed under: American History, Articles, Blogroll, Books, British History, Business, Central Intelligence Agency (CIA), Communications, Computers, Computers, Congress, conservatives, Constitution, Corruption, Crime, Crisis, Data, Data Storage, Defense Intelligence Agency (DIA), Defense Intelligence Agency (DIA), Demographics, Documentary, European History, External Hard Drives, External Hard Drives, Faith, Family, Federal Bureau of Investigation (FBI), Federal Bureau of Investigation (FBI), Federal Communications Commission, Federal Government, Friends, government spending, Heroes, history, Illegal, Immigration, Internal Revenue Service (IRS), IRS, Islam, Islam, Law, Legal, liberty, Life, Links, Literacy, media, Middle East, National Security Agency (NSA), National Security Agency (NSA_, Non-Fiction, People, Philosophy, Photos, Police, Politics, Press, Programming, Psychology, Radio, Radio, Rants, Raves, Raymond Thomas Pronk, Regulations, Religion, Security, Sociology, Space, Spying, Strategy, Supreme Court, Systems, Talk Radio, Taxation, Taxes, Technology, Television, Terrorism, Video, Wahhabism, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , |

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Obama launched TWO criminal investigations on Trump׃ no evidence found

The O’Reilly Factor March 18, 2017 Fox News Pres Trump March 18, 2017

Edward Snowden Vault 7 ” Wikileaks” Obama Targeting Trump Tower Live from Russia Stream 14 03 2017

Former NSA Employee, Bill Binney, Breaks Silence Confirms Trump Wiretapping claims

NSA WHISTLEBLOWER SAYS TRUMP WAS WIRETAPPED AND MONITORED

NSA Whistleblower William Binney on The Laura Ingraham Show (3/10/2017)

Sean Hannity talks to Mark Levin , Jay Sekulow & Bill Binney about POTUS wiretapping claims

*BOMBSHELL* SEAN HANNITY, WILLIAM BINNEY and TONY SHAFFER (3/8/17) – TALK VAULT 7

Whistleblower: NSA Still Collecting Data On Every U.S. Citizen

william binney ex nsa intelligence agent discusses trump leaks with lou dobbs

Sharyl Attkisson: Presidents CAN authorize ILLEGAL surveillance and nobody would ever know!

Malzberg | Sharyl Attkisson to discuss her new book “Stonewalled” | Part 1

[youtube-https://www.youtube.com/watch?v=OjAoVEhlrPc]

Malzberg | Sharyl Attkisson to discuss her new book “Stonewalled” | Part 2

Wyden: No to warrantless searches by the FBI through National Security Letters

NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post

William Binney – The Government is Profiling You (The NSA is Spying on You)

NSA Surveillance and What To Do About It

Taking a Look at the NSA’s Massive Data Center

NSA’s Largest Spy Center Located in Utah (What you need to know)

NSA Whistleblower William Binney: The Future of FREEDOM

‘State of Surveillance’ with Edward Snowden and Shane Smith (FULL EPISODE)

Edward Snowden Full Interview on Trump, Petraeus, & Having ‘No Regrets’

DOCUMENTARY: Edward Snowden – Terminal F (2015)

NSA whistleblower Edward Snowden: ‘I don’t want to live in a society that does these sort of things’

NSA paying US Companies hundreds of millions of dollars for access to data

“You’re Being Watched”: Edward Snowden Emerges as Source Behind Explosive Revelations of NSA Spying

Does the NSA Record Phone Calls? Glenn Greenwald on Warrentless Domestic Surveillance (2007)

Published on Jul 8, 2013

The NSA warrantless surveillance controversy (AKA “Warrantless Wiretapping”) concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency (NSA) as part of the war on terror. Under this program, referred to by the Bush administration as the “terrorist surveillance program”, part of the broader President’s Surveillance Program, the NSA was authorized by executive order to monitor, without search warrants, the phone calls, Internet activity (Web, e-mail, etc.), text messaging, and other communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lies within the U.S. Critics, however, claimed that it was in an effort to attempt to silence critics of the Bush Administration and their handling of several hot button issues during its tenure. Under public pressure, the Bush administration ceased the warrantless wiretapping program in January 2007 and returned review of surveillance to the FISA court. Subsequently, in 2008 Congress passed the FISA Amendments Act of 2008, which relaxed some of the original FISA court requirements.

During the Obama Administration, the NSA has officially continued operating under the new FISA guidelines. However, in April 2009 officials at the United States Department of Justice acknowledged that the NSA had engaged in “overcollection” of domestic communications in excess of the FISA court’s authority, but claimed that the acts were unintentional and had since been rectified.

All wiretapping of American citizens by the National Security Agency requires a warrant from a three-judge court set up under the Foreign Intelligence Surveillance Act. After the 9/11 attacks, Congress passed the Patriot Act, which granted the President broad powers to fight a war against terrorism. The George W. Bush administration used these powers to bypass the FISA court and directed the NSA to spy directly on al Qaeda in a new NSA electronic surveillance program. Reports at the time indicate that an “apparently accidental” “glitch” resulted in the interception of communications that were purely domestic in nature.[5] This action was challenged by a number of groups, including Congress, as unconstitutional.

The exact scope of the program is not known, but the NSA is or was provided total, unsupervised access to all fiber-optic communications going between some of the nation’s largest telecommunication companies’ major interconnected locations, including phone conversations, email, web browsing, and corporate private network traffic.[6] Critics said that such “domestic” intercepts required FISC authorization under the Foreign Intelligence Surveillance Act.[7] The Bush administration maintained that the authorized intercepts are not domestic but rather foreign intelligence integral to the conduct of war and that the warrant requirements of FISA were implicitly superseded by the subsequent passage of the Authorization for Use of Military Force Against Terrorists (AUMF).[8] FISA makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both.[9] In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both.[10]

After an article about the program, (which had been code-named Stellar Wind), was published in The New York Times on December 16, 2005, Attorney General Alberto Gonzales confirmed its existence.[11][12][13] The Times had posted the exclusive story on their website the night before, after learning that the Bush administration was considering seeking a Pentagon-Papers-style court injunction to block its publication.[14] Critics of The Times have alleged that executive editor Bill Keller had withheld the story from publication since before the 2004 Presidential election, and that the story that was ultimately published by The Times was essentially the same as reporters James Risen and Eric Lichtblau had submitted in 2004.[15] In a December 2008 interview with Newsweek, former Justice Department employee Thomas Tamm revealed himself to be the initial whistle-blower to The Times. The FBI began investigating leaks about the program in 2005, with 25 agents and 5 prosecutors on the case.

FBI’s Patriot Act Abuse of National Security Letters and illegal NSA spying

If you think you can handle the truth, well here it is folks

National Security Agency

From Wikipedia, the free encyclopedia
“NSA” redirects here. For other uses, see NSA (disambiguation) and National Security Agency (disambiguation).
Not to be confused with NASA or National Security Council.
National Security Agency
Seal of the U.S. National Security Agency.svg

Seal of the National Security Agency
Flag of the U.S. National Security Agency.svg

Flag of the National Security Agency
National Security Agency headquarters, Fort Meade, Maryland.jpg
NSA Headquarters, Fort Meade, Maryland
Agency overview
Formed November 4, 1952; 64 years ago[1]
Preceding agency
  • Armed Forces Security Agency
Headquarters Fort Meade, Maryland, U.S.
39°6′32″N 76°46′17″WCoordinates: 39°6′32″N 76°46′17″W
Motto “Defending Our Nation. Securing The Future.”
Employees Classified (30,000–40,000 estimate)[2][3][4][5]
Annual budget Classified (estimated $10.8 billion, 2013)[6][7]
Agency executives
Parent agency United States Department of Defense
Website www.nsa.gov

The National Security Agency (NSA) is an intelligence organization of the United States federal government responsible for global monitoring, collection, and processing of information and data for foreign intelligence and counterintelligence purposes, a discipline known as signals intelligence (SIGINT). NSA is concurrently charged with protection of U.S. government communications and information systems against penetration and network warfare.[8][9] Although many of NSA’s programs rely on “passive” electronic collection, the agency is authorized to accomplish its mission through active clandestine means,[10] among which are physically bugging electronic systems[11] and allegedly engaging in sabotage through subversive software.[12][13] Moreover, NSA maintains physical presence in a large number of countries across the globe, where its Special Collection Service (SCS) inserts eavesdropping devices in difficult-to-reach places. SCS collection tactics allegedly encompass “close surveillance, burglary, wiretapping, breaking and entering”.[14][15]

Unlike the Defense Intelligence Agency (DIA) and the Central Intelligence Agency (CIA), both of which specialize primarily in foreign human espionage, NSA does not unilaterally conduct human-source intelligence gathering, despite often being portrayed so in popular culture. Instead, NSA is entrusted with assistance to and coordination of SIGINT elements at other government organizations, which are prevented by law from engaging in such activities without the approval of the NSA via the Defense Secretary.[16] As part of these streamlining responsibilities, the agency has a co-located organization called the Central Security Service (CSS), which was created to facilitate cooperation between NSA and other U.S. military cryptanalysis components. Additionally, the NSA Director simultaneously serves as the Commander of the United States Cyber Command and as Chief of the Central Security Service.

Originating as a unit to decipher coded communications in World War II, it was officially formed as the NSA by President Harry S. Truman in 1952. Since then, it has become one of the largest U.S. intelligence organizations in terms of personnel and budget,[6][17] operating as part of the Department of Defense and simultaneously reporting to the Director of National Intelligence.

NSA surveillance has been a matter of political controversy on several occasions, such as its spying on anti-Vietnam-war leaders or economic espionage. In 2013, the extent of some of the NSA’s secret surveillance programs was revealed to the public by Edward Snowden. According to the leaked documents, the NSA intercepts the communications of over a billion people worldwide, many of whom are United States citizens, and tracks the movement of hundreds of millions of people using cellphones. Internationally, research has pointed to the NSA’s ability to surveil the domestic Internet traffic of foreign countries through “boomerang routing”.[18]

Contents

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History

Army predecessor

The origins of the National Security Agency can be traced back to April 28, 1917, three weeks after the U.S. Congress declared war on Germany in World War I. A code and cipher decryption unit was established as the Cable and Telegraph Section which was also known as the Cipher Bureau. It was headquartered in Washington, D.C. and was part of the war effort under the executive branch without direct Congressional authorization. During the course of the war it was relocated in the army’s organizational chart several times. On July 5, 1917, Herbert O. Yardley was assigned to head the unit. At that point, the unit consisted of Yardley and two civilian clerks. It absorbed the navy’s cryptoanalysis functions in July 1918. World War I ended on November 11, 1918, and MI-8 moved to New York City on May 20, 1919, where it continued intelligence activities as the Code Compilation Company under the direction of Yardley.[19][20]

Black Chamber

Western Union allowed MI-8 to monitor telegraphic communications passing through the company’s wires until 1929.[21]

MI-8 also operated the so-called “Black Chamber“.[22] The Black Chamber was located on East 37th Street in Manhattan. Its purpose was to crack the communications codes of foreign governments. Jointly supported by the State Department and the War Department, the chamber persuaded Western Union, the largest U.S. telegram company, to allow government officials to monitor private communications passing through the company’s wires.[23]

Other “Black Chambers” were also found in Europe. They were established by the French and British governments to read the letters of targeted individuals, employing a variety of techniques to surreptitiously open, copy, and reseal correspondence before forwarding it to unsuspecting recipients.[24]

Despite the American Black Chamber’s initial successes, it was shut down in 1929 by U.S. Secretary of State Henry L. Stimson, who defended his decision by stating: “Gentlemen do not read each other’s mail”.[21]

World War II and its aftermath

During World War II, the Signal Security Agency (SSA) was created to intercept and decipher the communications of the Axis powers.[25] When the war ended, the SSA was reorganized as the Army Security Agency (ASA), and it was placed under the leadership of the Director of Military Intelligence.[25]

On May 20, 1949, all cryptologic activities were centralized under a national organization called the Armed Forces Security Agency (AFSA).[25]This organization was originally established within the U.S. Department of Defense under the command of the Joint Chiefs of Staff.[26] The AFSA was tasked to direct Department of Defense communications and electronic intelligence activities, except those of U.S. military intelligence units.[26] However, the AFSA was unable to centralize communications intelligence and failed to coordinate with civilian agencies that shared its interests such as the Department of State, Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI).[26] In December 1951, President Harry S. Truman ordered a panel to investigate how AFSA had failed to achieve its goals. The results of the investigation led to improvements and its redesignation as the National Security Agency.[27]

The agency was formally established by Truman in a memorandum of October 24, 1952, that revised National Security Council Intelligence Directive (NSCID) 9.[28] Since President Truman’s memo was a classified document,[28] the existence of the NSA was not known to the public at that time. Due to its ultra-secrecy the U.S. intelligence community referred to the NSA as “No Such Agency”.[29]

Vietnam War

In the 1960s, the NSA played a key role in expanding America’s commitment to the Vietnam War by providing evidence of a North Vietnamese attack on the American destroyer USS Maddox during the Gulf of Tonkin incident.[30]

A secret operation, code-named “MINARET“, was set up by the NSA to monitor the phone communications of Senators Frank Church and Howard Baker, as well as major civil rights leaders, including Martin Luther King, Jr., and prominent U.S. journalists and athletes who criticized the Vietnam War.[31] However, the project turned out to be controversial, and an internal review by the NSA concluded that its Minaret program was “disreputable if not outright illegal”.[31]

The NSA mounted a major effort to secure tactical communications among U.S. forces during the war with mixed success. The NESTOR family of compatible secure voice systems it developed was widely deployed during the Vietnam War, with about 30,000 NESTOR sets produced. However a variety of technical and operational problems limited their use, allowing the North Vietnamese to exploit intercepted U.S. communications.[32]:Vol I, p.79

Church Committee hearings

Further information: Watergate scandal and Church Committee

In the aftermath of the Watergate scandal, a congressional hearing in 1975 led by Sen. Frank Church[33] revealed that the NSA, in collaboration with Britain’s SIGINT intelligence agency Government Communications Headquarters (GCHQ), had routinely intercepted the international communications of prominent anti-Vietnam war leaders such as Jane Fonda and Dr. Benjamin Spock.[34] Following the resignation of President Richard Nixon, there were several investigations of suspected misuse of FBI, CIA and NSA facilities.[35] Senator Frank Church uncovered previously unknown activity,[35]such as a CIA plot (ordered by the administration of President John F. Kennedy) to assassinate Fidel Castro.[36] The investigation also uncovered NSA’s wiretaps on targeted American citizens.[37]

After the Church Committee hearings, the Foreign Intelligence Surveillance Act of 1978 was passed into law. This was designed to limit the practice of mass surveillance in the United States.[35]

From 1980s to 1990s

In 1986, the NSA intercepted the communications of the Libyan government during the immediate aftermath of the Berlin discotheque bombing. The White House asserted that the NSA interception had provided “irrefutable” evidence that Libya was behind the bombing, which U.S. President Ronald Reagan cited as a justification for the 1986 United States bombing of Libya.[38][39]

In 1999, a multi-year investigation by the European Parliament highlighted the NSA’s role in economic espionage in a report entitled ‘Development of Surveillance Technology and Risk of Abuse of Economic Information’.[40] That year, the NSA founded the NSA Hall of Honor, a memorial at the National Cryptologic Museum in Fort Meade, Maryland.[41] The memorial is a, “tribute to the pioneers and heroes who have made significant and long-lasting contributions to American cryptology”.[41] NSA employees must be retired for more than fifteen years to qualify for the memorial.[41]

NSA’s infrastructure deteriorated in the 1990s as defense budget cuts resulted in maintenance deferrals. On January 24, 2000, NSA headquarters suffered a total network outage for three days caused by an overloaded network. Incoming traffic was successfully stored on agency servers, but it could not be directed and processed. The agency carried out emergency repairs at a cost of $3 million to get the system running again. (Some incoming traffic was also directed instead to Britain’s GCHQ for the time being.) Director Michael Hayden called the outage a “wake-up call” for the need to invest in the agency’s infrastructure.[42]

War on Terror

After Osama bin Laden moved to Afghanistan in the 1980s, the NSA recorded all of his phone calls via satellite, logging over 2,000 minutes of conversation[43]

In the aftermath of the September 11 attacks, the NSA created new IT systems to deal with the flood of information from new technologies like the Internet and cellphones. ThinThread contained advanced data mining capabilities. It also had a “privacy mechanism”; surveillance was stored encrypted; decryption required a warrant. The research done under this program may have contributed to the technology used in later systems. ThinThread was cancelled when Michael Hayden chose Trailblazer, which did not include ThinThread’s privacy system.[44]

Trailblazer Project ramped up in 2002. SAIC, Boeing, CSC, IBM, and Litton worked on it. Some NSA whistleblowers complained internally about major problems surrounding Trailblazer. This led to investigations by Congress and the NSA and DoD Inspectors General. The project was cancelled in early 2004. Several whistleblowers were later arrested and charged with violating federal espionage laws.

Turbulence started in 2005. It was developed in small, inexpensive “test” pieces, rather than one grand plan like Trailblazer. It also included offensive cyber-warfare capabilities, like injecting malware into remote computers. Congress criticized Turbulence in 2007 for having similar bureaucratic problems as Trailblazer.[45] It was to be a realization of information processing at higher speeds in cyberspace.[46]

Global surveillance disclosures

The massive extent of the NSA’s spying, both foreign and domestic, was revealed to the public in a series of detailed disclosures of internal NSA documents beginning in June 2013. Most of the disclosures were leaked by former NSA contractor, Edward Snowden.

Scope of surveillance

It was revealed that the NSA intercepts telephone and Internet communications of over a billion people worldwide, seeking information on terrorism as well as foreign politics, economics[47] and “commercial secrets”.[48] In a declassified document it was revealed that 17,835 phone lines were on an improperly permitted “alert list” from 2006 to 2009 in breach of compliance, which tagged these phone lines for daily monitoring.[49][50][51] Eleven percent of these monitored phone lines met the agency’s legal standard for “reasonably articulable suspicion” (RAS).[49][52]

A dedicated unit of the NSA locates targets for the CIA for extrajudicial assassination in the Middle East.[53] The NSA has also spied extensively on the European Union, the United Nations and numerous governments including allies and trading partners in Europe, South America and Asia.[54][55]

The NSA tracks the locations of hundreds of millions of cellphones per day, allowing it to map people’s movements and relationships in detail.[56]It reportedly has access to all communications made via Google, Microsoft, Facebook, Yahoo, YouTube, AOL, Skype, Apple and Paltalk,[57] and collects hundreds of millions of contact lists from personal email and instant messaging accounts each year.[58] It has also managed to weaken much of the encryption used on the Internet (by collaborating with, coercing or otherwise infiltrating numerous technology companies), so that the majority of Internet privacy is now vulnerable to the NSA and other attackers.[59][60]

Domestically, the NSA collects and stores metadata records of phone calls,[61] including over 120 million US Verizon subscribers,[62] as well as Internet communications,[57] relying on a secret interpretation of the Patriot Act whereby the entirety of US communications may be considered “relevant” to a terrorism investigation if it is expected that even a tiny minority may relate to terrorism.[63] The NSA supplies foreign intercepts to the DEA, IRS and other law enforcement agencies, who use these to initiate criminal investigations. Federal agents are then instructed to “recreate” the investigative trail via parallel construction.[64]

The NSA also spies on influential Muslims to obtain information that could be used to discredit them, such as their use of pornography. The targets, both domestic and abroad, are not suspected of any crime but hold religious or political views deemed “radical” by the NSA.[65]

Although NSA’s surveillance activities are controversial, government agencies and private enterprises have common needs, and sometimes cooperate at subtle and complex technical levels. Big data is becoming more advantageous, justifying the cost of required computer hardware, and social media lead the trend. The interests of NSA and Silicon Valley began to converge as advances in computer storage technology drastically reduced the costs of storing enormous amounts of data and at the same time the value of the data for use in consumer marketing began to rise. On the other hand, social media sites are growing as voluntary data mining operations on a scale that rivals or exceeds anything the government could attempt on its own.[66]

According to a report in The Washington Post in July 2014, relying on information provided by Snowden, 90% of those placed under surveillance in the U.S. are ordinary Americans, and are not the intended targets. The newspaper said it had examined documents including emails, text messages, and online accounts that support the claim.[67]

Legal accountability

Despite President Obama’s claims that these programs have congressional oversight, members of Congress were unaware of the existence of these NSA programs or the secret interpretation of the Patriot Act, and have consistently been denied access to basic information about them.[68] Obama has also claimed that there are legal checks in place to prevent inappropriate access of data and that there have been no examples of abuse;[69] however, the secret FISC court charged with regulating the NSA’s activities is, according to its chief judge, incapable of investigating or verifying how often the NSA breaks even its own secret rules.[70] It has since been reported that the NSA violated its own rules on data access thousands of times a year, many of these violations involving large-scale data interceptions;[71] and that NSA officers have even used data intercepts to spy on love interests.[72] The NSA has “generally disregarded the special rules for disseminating United States person information” by illegally sharing its intercepts with other law enforcement agencies.[73] A March 2009 opinion of the FISC court, released by court order, states that protocols restricting data queries had been “so frequently and systemically violated that it can be fairly said that this critical element of the overall … regime has never functioned effectively.”[74][75] In 2011 the same court noted that the “volume and nature” of the NSA’s bulk foreign Internet intercepts was “fundamentally different from what the court had been led to believe”.[73] Email contact lists (including those of US citizens) are collected at numerous foreign locations to work around the illegality of doing so on US soil.[58]

Legal opinions on the NSA’s bulk collection program have differed. In mid-December 2013, U.S. District Court Judge Richard Leon ruled that the “almost-Orwellian” program likely violates the Constitution, and wrote, “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval. Surely, such a program infringes on ‘that degree of privacy’ that the Founders enshrined in the Fourth Amendment. Indeed, I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware ‘the abridgement of freedom of the people by gradual and silent encroachments by those in power,’ would be aghast.”[76]

Later that month, U.S. District Judge William Pauley ruled that the NSA’s collection of telephone records is legal and valuable in the fight against terrorism. In his opinion, he wrote, “a bulk telephony metadata collection program [is] a wide net that could find and isolate gossamer contacts among suspected terrorists in an ocean of seemingly disconnected data” and noted that a similar collection of data prior to 9/11 might have prevented the attack.[77]

An October 2014 United Nations report condemned mass surveillance by the United States and other countries as violating multiple international treaties and conventions that guarantee core privacy rights.[78]

Official responses

On March 20, 2013 the Director of National Intelligence, Lieutenant General James Clapper, testified before Congress that the NSA does not wittingly collect any kind of data on millions or hundreds of millions of Americans, but he retracted this in June after details of the PRISM program were published, and stated instead that meta-data of phone and Internet traffic are collected, but no actual message contents.[79] This was corroborated by the NSA Director, General Keith Alexander, before it was revealed that the XKeyscore program collects the contents of millions of emails from US citizens without warrant, as well as “nearly everything a user does on the Internet”. Alexander later admitted that “content” is collected, but stated that it is simply stored and never analyzed or searched unless there is “a nexus to al-Qaida or other terrorist groups”.[69]

Regarding the necessity of these NSA programs, Alexander stated on June 27 that the NSA’s bulk phone and Internet intercepts had been instrumental in preventing 54 terrorist “events”, including 13 in the US, and in all but one of these cases had provided the initial tip to “unravel the threat stream”.[80] On July 31 NSA Deputy Director John Inglis conceded to the Senate that these intercepts had not been vital in stopping any terrorist attacks, but were “close” to vital in identifying and convicting four San Diego men for sending US$8,930 to Al-Shabaab, a militia that conducts terrorism in Somalia.[81][82][83]

The U.S. government has aggressively sought to dismiss and challenge Fourth Amendment cases raised against it, and has granted retroactive immunity to ISPs and telecoms participating in domestic surveillance.[84][85] The U.S. military has acknowledged blocking access to parts of The Guardian website for thousands of defense personnel across the country,[86][87] and blocking the entire Guardian website for personnel stationed throughout Afghanistan, the Middle East, and South Asia.[88]

Organizational structure

Michael S. Rogers, the director of the NSA.

The NSA is led by the Director of the National Security Agency (DIRNSA), who also serves as Chief of the Central Security Service (CHCSS) and Commander of the United States Cyber Command (USCYBERCOM) and is the highest-ranking military official of these organizations. He is assisted by a Deputy Director, who is the highest-ranking civilian within the NSA/CSS.

NSA also has an Inspector General, head of the Office of the Inspector General (OIG), a General Counsel, head of the Office of the General Counsel (OGC) and a Director of Compliance, who is head of the Office of the Director of Compliance (ODOC).[89]

Unlike other intelligence organizations such as CIA or DIA, NSA has always been particularly reticent concerning its internal organizational structure.

As of the mid-1990s, the National Security Agency was organized into five Directorates:

  • The Operations Directorate, which was responsible for SIGINT collection and processing.
  • The Technology and Systems Directorate, which develops new technologies for SIGINT collection and processing.
  • The Information Systems Security Directorate, which was responsible for NSA’s communications and information security missions.
  • The Plans, Policy and Programs Directorate, which provided staff support and general direction for the Agency.
  • The Support Services Directorate, which provided logistical and administrative support activities.[90]

Each of these directorates consisted of several groups or elements, designated by a letter. There were for example the A Group, which was responsible for all SIGINT operations against the Soviet Union and Eastern Europe, and G Group, which was responsible for SIGINT related to all non-communist countries. These groups were divided in units designated by an additional number, like unit A5 for breaking Soviet codes, and G6, being the office for the Middle East, North Africa, Cuba, Central and South America.[91][92]

Structure

As of 2013, NSA has about a dozen directorates, which are designated by a letter, although not all of them are publicly known. The directorates are divided in divisions and units starting with the letter of the parent directorate, followed by a number for the division, the sub-unit or a sub-sub-unit.

The main elements of the organizational structure of the NSA are:[93]

  • F – Directorate only known from unit F6, the Special Collection Service (SCS), which is a joint program created by CIA and NSA in 1978 to facilitate clandestine activities such as bugging computers throughout the world, using the expertise of both agencies.[94]
  • G – Directorate only known from unit G112, the office that manages the Senior Span platform, attached to the U2 spy planes.[95]
  • I – Information Assurance Directorate (IAD), which ensures availability, integrity, authentication, confidentiality, and non-repudiation of national security and telecommunications and information systems (national security systems).
  • J – Directorate only known from unit J2, the Cryptologic Intelligence Unit
  • L – Installation and Logistics
  • M – Human Resources
  • Q – Security and Counterintelligence
  • R – Research Directorate, which conducts research on signals intelligence and on information assurance for the U.S. Government.[96]
  • S – Signals Intelligence Directorate (SID), which is responsible for the collection, analysis, production and dissemination of signals intelligence. This directorate is led by a director and a deputy director. The SID consists of the following divisions:
    • S1 – Customer Relations
    • S2 – Analysis and Production Centers, with the following so-called Product Lines:
      • S2A: South Asia, S2B: China and Korea, S2C: International Security, S2E: Middle East/Asia, S2F: International Crime, S2G: Counter-proliferation, S2H: Russia, S2I: Counter-terrorism, S2J: Weapons and Space, S2T: Current Threats
    • S3 – Data Acquisition, with these divisions for the main collection programs:
      • S31 – Cryptanalysis and Exploitation Services (CES)
      • S32 – Tailored Access Operations (TAO), which hacks into foreign computers to conduct cyber-espionage and reportedly is “the largest and arguably the most important component of the NSA’s huge Signal Intelligence (SIGINT) Directorate, consisting of over 1,000 military and civilian computer hackers, intelligence analysts, targeting specialists, computer hardware and software designers, and electrical engineers.”[97]
      • S33 – Global Access Operations (GAO), which is responsible for intercepts from satellites and other international SIGINT platforms.[98] A tool which details and maps the information collected by this unit is code-named Boundless Informant.
      • S34 – Collections Strategies and Requirements Center
      • S35 – Special Source Operations (SSO), which is responsible for domestic and compartmented collection programs, like for example the PRISM program.[98] Special Source Operations is also mentioned in connection to the FAIRVIEW collection program.[99]
  • T – Technical Directorate (TD)
  • Directorate for Education and Training
  • Directorate for Corporate Leadership
  • Foreign Affairs Directorate, which acts as liaison with foreign intelligence services, counter-intelligence centers and the UKUSA-partners.
  • Acquisitions and Procurement Directorate
  • Information Sharing Services (ISS), led by a chief and a deputy chief.[100]

In the year 2000, a leadership team was formed, consisting of the Director, the Deputy Director and the Directors of the Signals Intelligence (SID), the Information Assurance (IAD) and the Technical Directorate (TD). The chiefs of other main NSA divisions became associate directors of the senior leadership team.[101]

After president George W. Bush initiated the President’s Surveillance Program (PSP) in 2001, the NSA created a 24-hour Metadata Analysis Center (MAC), followed in 2004 by the Advanced Analysis Division (AAD), with the mission of analyzing content, Internet metadata and telephone metadata. Both units were part of the Signals Intelligence Directorate.[102]

A 2016 proposal would combine the Signals Intelligence Directorate with the Information Assurance Directorate into a Directorate of Operations.[103]

Watch centers

The NSA maintains at least two watch centers:

  • National Security Operations Center (NSOC), which is the NSA’s current operations center and focal point for time-sensitive SIGINT reporting for the United States SIGINT System (USSS). This center was established in 1968 as the National SIGINT Watch Center (NSWC) and renamed into National SIGINT Operations Center (NSOC) in 1973. This “nerve center of the NSA” got its current name in 1996.[104]
  • NSA/CSS Threat Operations Center (NTOC), which is the primary NSA/CSS partner for Department of Homeland Security response to cyber incidents. The NTOC establishes real-time network awareness and threat characterization capabilities to forecast, alert, and attribute malicious activity and enable the coordination of Computer Network Operations. The NTOC was established in 2004 as a joint Information Assurance and Signals Intelligence project.[105]

Employees

The number of NSA employees is officially classified[4] but there are several sources providing estimates. In 1961, NSA had 59,000 military and civilian employees, which grew to 93,067 in 1969, of which 19,300 worked at the headquarters at Fort Meade. In the early 1980s NSA had roughly 50,000 military and civilian personnel. By 1989 this number had grown again to 75,000, of which 25,000 worked at the NSA headquarters. Between 1990 and 1995 the NSA’s budget and workforce were cut by one third, which led to a substantial loss of experience.[106]

In 2012, the NSA said more than 30,000 employees worked at Fort Meade and other facilities.[2] In 2012, John C. Inglis, the deputy director, said that the total number of NSA employees is “somewhere between 37,000 and one billion” as a joke,[4] and stated that the agency is “probably the biggest employer of introverts.”[4] In 2013 Der Spiegel stated that the NSA had 40,000 employees.[5] More widely, it has been described as the world’s largest single employer of mathematicians.[107] Some NSA employees form part of the workforce of the National Reconnaissance Office (NRO), the agency that provides the NSA with satellite signals intelligence.

As of 2013 about 1,000 system administrators work for the NSA.[108]

Security issues

The NSA received criticism early on in 1960 after two agents had defected to the Soviet Union. Investigations by the House Un-American Activities Committee and a special subcommittee of the United States House Committee on Armed Services revealed severe cases of ignorance in personnel security regulations, prompting the former personnel director and the director of security to step down and leading to the adoption of stricter security practices.[109] Nonetheless, security breaches reoccurred only a year later when in an issue of Izvestia of July 23, 1963, a former NSA employee published several cryptologic secrets.

The very same day, an NSA clerk-messenger committed suicide as ongoing investigations disclosed that he had sold secret information to the Soviets on a regular basis. The reluctance of Congressional houses to look into these affairs had prompted a journalist to write, “If a similar series of tragic blunders occurred in any ordinary agency of Government an aroused public would insist that those responsible be officially censured, demoted, or fired.” David Kahn criticized the NSA’s tactics of concealing its doings as smug and the Congress’ blind faith in the agency’s right-doing as shortsighted, and pointed out the necessity of surveillance by the Congress to prevent abuse of power.[109]

Edward Snowden‘s leaking of the existence of PRISM in 2013 caused the NSA to institute a “two-man rule“, where two system administrators are required to be present when one accesses certain sensitive information.[108] Snowden claims he suggested such a rule in 2009.[110]

Polygraphin

Defense Security Service (DSS) polygraph brochure given to NSA applicants

The NSA conducts polygraph tests of employees. For new employees, the tests are meant to discover enemy spies who are applying to the NSA and to uncover any information that could make an applicant pliant to coercion.[111] As part of the latter, historically EPQs or “embarrassing personal questions” about sexual behavior had been included in the NSA polygraph.[111] The NSA also conducts five-year periodic reinvestigation polygraphs of employees, focusing on counterintelligence programs. In addition the NSA conducts periodic polygraph investigations in order to find spies and leakers; those who refuse to take them may receive “termination of employment”, according to a 1982 memorandum from the director of the NSA.[112]

File:NSApolygraphvideo.webm

NSA-produced video on the polygraph process

There are also “special access examination” polygraphs for employees who wish to work in highly sensitive areas, and those polygraphs cover counterintelligence questions and some questions about behavior.[112] NSA’s brochure states that the average test length is between two and four hours.[113] A 1983 report of the Office of Technology Assessment stated that “It appears that the NSA [National Security Agency] (and possibly CIA) use the polygraph not to determine deception or truthfulness per se, but as a technique of interrogation to encourage admissions.”[114]Sometimes applicants in the polygraph process confess to committing felonies such as murder, rape, and selling of illegal drugs. Between 1974 and 1979, of the 20,511 job applicants who took polygraph tests, 695 (3.4%) confessed to previous felony crimes; almost all of those crimes had been undetected.[111]

In 2010 the NSA produced a video explaining its polygraph process.[115] The video, ten minutes long, is titled “The Truth About the Polygraph” and was posted to the Web site of the Defense Security Service. Jeff Stein of The Washington Post said that the video portrays “various applicants, or actors playing them — it’s not clear — describing everything bad they had heard about the test, the implication being that none of it is true.”[116] AntiPolygraph.org argues that the NSA-produced video omits some information about the polygraph process; it produced a video responding to the NSA video.[115] George Maschke, the founder of the Web site, accused the NSA polygraph video of being “Orwellian“.[116]

After Edward Snowden revealed his identity in 2013, the NSA began requiring polygraphing of employees once per quarter.[117]

Arbitrary firing

The number of exemptions from legal requirements has been criticized. When in 1964 the Congress was hearing a bill giving the director of the NSA the power to fire at will any employee,The Washington Post wrote: “This is the very definition of arbitrariness. It means that an employee could be discharged and disgraced on the basis of anonymous allegations without the slightest opportunity to defend himself.” Yet, the bill was accepted by an overwhelming majority.[109]

Insignia and memorials

Seal of the U.S. National Security Agency.svg

The heraldic insignia of NSA consists of an eagle inside a circle, grasping a key in its talons.[118] The eagle represents the agency’s national mission.[118] Its breast features a shield with bands of red and white, taken from the Great Seal of the United States and representing Congress.[118] The key is taken from the emblem of Saint Peter and represents security.[118]

When the NSA was created, the agency had no emblem and used that of the Department of Defense.[119] The agency adopted its first of two emblems in 1963.[119] The current NSA insignia has been in use since 1965, when then-Director, LTG Marshall S. Carter (USA) ordered the creation of a device to represent the agency.[120]

The NSA’s flag consists of the agency’s seal on a light blue background.

National Cryptologic Memorial

Crews associated with NSA missions have been involved in a number of dangerous and deadly situations.[121] The USS Liberty incident in 1967 and USS Pueblo incident in 1968 are examples of the losses endured during the Cold War.[121]

The National Security Agency/Central Security Service Cryptologic Memorial honors and remembers the fallen personnel, both military and civilian, of these intelligence missions.[122] It is made of black granite, and has 171 names carved into it, as of 2013 .[122] It is located at NSA headquarters. A tradition of declassifying the stories of the fallen was begun in 2001.[122]

NSANet (NSA’s intranet)

Behind the Green Door – Secure communications room with separate computer terminals for access to SIPRNET, GWAN, NSANET, and JWICS

NSANet stands for National Security Agency Network and is the official NSA intranet.[123] It is a classified network,[124] for information up to the level of TS/SCI[125] to support the use and sharing of intelligence data between NSA and the signals intelligence agencies of the four other nations of the Five Eyes partnership. The management of NSANet has been delegated to the Central Security Service Texas (CSSTEXAS).[126]

NSANet is a highly secured computer network consisting of fiber-optic and satellite communication channels which are almost completely separated from the public Internet. The network allows NSA personnel and civilian and military intelligence analysts anywhere in the world to have access to the agency’s systems and databases. This access is tightly controlled and monitored. For example, every keystroke is logged, activities are audited at random and downloading and printing of documents from NSANet are recorded.[127]

In 1998, NSANet, along with NIPRNET and SIPRNET, had “significant problems with poor search capabilities, unorganized data and old information”.[128] In 2004, the network was reported to have used over twenty commercial off-the-shelf operating systems.[129] Some universities that do highly sensitive research are allowed to connect to it.[130]

The thousands of Top Secret internal NSA documents that were taken by Edward Snowden in 2013 were stored in “a file-sharing location on the NSA’s intranet site” so they could easily be read online by NSA personnel. Everyone with a TS/SCI-clearance had access to these documents and as a system administrator, Snowden was responsible for moving accidentally misplaced highly sensitive documents to more secure storage locations.[131]

National Computer Security Center

The DoD Computer Security Center was founded in 1981 and renamed the National Computer Security Center (NCSC) in 1985. NCSC was responsible for computer security throughout the federal government.[132] NCSC was part of NSA,[133] and during the late 1980s and the 1990s, NSA and NCSC published Trusted Computer System Evaluation Criteria in a six-foot high Rainbow Series of books that detailed trusted computing and network platform specifications.[134] The Rainbow books were replaced by the Common Criteria, however, in the early 2000s.[134]

Facilities

Headquarters

National Security Agency headquarters in Fort Meade, 2013

Headquarters for the National Security Agency is located at 39°6′32″N 76°46′17″W in Fort George G. Meade, Maryland, although it is separate from other compounds and agencies that are based within this same military installation. Ft. Meade is about 20 mi (32 km) southwest of Baltimore,[135] and 25 mi (40 km) northeast of Washington, DC.[136] The NSA has its own exit off Maryland Route 295 South labeled “NSA Employees Only”.[137][138] The exit may only be used by people with the proper clearances, and security vehicles parked along the road guard the entrance.[139]

NSA is the largest employer in the U.S. state of Maryland, and two-thirds of its personnel work at Ft. Meade.[140] Built on 350 acres (140 ha; 0.55 sq mi)[141] of Ft. Meade’s 5,000 acres (2,000 ha; 7.8 sq mi),[142] the site has 1,300 buildings and an estimated 18,000 parking spaces.[136][143]

NSA headquarters building in Fort Meade (left), NSOC (right)

The main NSA headquarters and operations building is what James Bamford, author of Body of Secrets, describes as “a modern boxy structure” that appears similar to “any stylish office building.”[144] The building is covered with one-way dark glass, which is lined with copper shielding in order to prevent espionage by trapping in signals and sounds.[144] It contains 3,000,000 square feet (280,000 m2), or more than 68 acres (28 ha), of floor space; Bamford said that the U.S. Capitol “could easily fit inside it four times over.”[144]

The facility has over 100 watchposts,[145] one of them being the visitor control center, a two-story area that serves as the entrance.[144] At the entrance, a white pentagonal structure,[146] visitor badges are issued to visitors and security clearances of employees are checked.[147] The visitor center includes a painting of the NSA seal.[146]

The OPS2A building, the tallest building in the NSA complex and the location of much of the agency’s operations directorate, is accessible from the visitor center. Bamford described it as a “dark glass Rubik’s Cube“.[148] The facility’s “red corridor” houses non-security operations such as concessions and the drug store. The name refers to the “red badge” which is worn by someone without a security clearance. The NSA headquarters includes a cafeteria, a credit union, ticket counters for airlines and entertainment, a barbershop, and a bank.[146] NSA headquarters has its own post office, fire department, and police force.[149][150][151]

The employees at the NSA headquarters reside in various places in the Baltimore-Washington area, including Annapolis, Baltimore, and Columbia in Maryland and the District of Columbia, including the Georgetown community.[152]

Power consumption

Due to massive amounts of data processing, NSA is the largest electricity consumer in Maryland.[140]

Following a major power outage in 2000, in 2003 and in follow-ups through 2007, The Baltimore Sun reported that the NSA was at risk of electrical overload because of insufficient internal electrical infrastructure at Fort Meade to support the amount of equipment being installed. This problem was apparently recognized in the 1990s but not made a priority, and “now the agency’s ability to keep its operations going is threatened.”[153]

Baltimore Gas & Electric (BGE, now Constellation Energy) provided NSA with 65 to 75 megawatts at Ft. Meade in 2007, and expected that an increase of 10 to 15 megawatts would be needed later that year.[154] In 2011, NSA at Ft. Meade was Maryland’s largest consumer of power.[140] In 2007, as BGE’s largest customer, NSA bought as much electricity as Annapolis, the capital city of Maryland.[153]

One estimate put the potential for power consumption by the new Utah Data Center at US$40 million per year.[155]

History of headquarters

Headquarters at Fort Meade circa 1950s

When the agency was established, its headquarters and cryptographic center were in the Naval Security Station in Washington, D.C. The COMINT functions were located in Arlington Hall in Northern Virginia, which served as the headquarters of the U.S. Army‘s cryptographic operations.[156]Because the Soviet Union had detonated a nuclear bomb and because the facilities were crowded, the federal government wanted to move several agencies, including the AFSA/NSA. A planning committee considered Fort Knox, but Fort Meade, Maryland, was ultimately chosen as NSA headquarters because it was far enough away from Washington, D.C. in case of a nuclear strike and was close enough so its employees would not have to move their families.[157]

Construction of additional buildings began after the agency occupied buildings at Ft. Meade in the late 1950s, which they soon outgrew.[157] In 1963 the new headquarters building, nine stories tall, opened. NSA workers referred to the building as the “Headquarters Building” and since the NSA management occupied the top floor, workers used “Ninth Floor” to refer to their leaders.[158] COMSEC remained in Washington, D.C., until its new building was completed in 1968.[157] In September 1986, the Operations 2A and 2B buildings, both copper-shielded to prevent eavesdropping, opened with a dedication by President Ronald Reagan.[159] The four NSA buildings became known as the “Big Four.”[159] The NSA director moved to 2B when it opened.[159]

Fort Meade shooting[edit]

On March 30, 2015, shortly before 9 am, a stolen sports utility vehicle approached an NSA police vehicle blocking the road near the gate of Fort Meade, after it was told to leave the area. NSA officers fired on the SUV, killing the 27-year-old driver, Ricky Hall (a transgender person also known as Mya), and seriously injuring his 20-year-old male passenger. An NSA officer’s arm was injured when Hall subsequently crashed into his vehicle.[160][161]

The two, dressed in women’s clothing after a night of partying at a motel with the man they’d stolen the SUV from that morning, “attempted to drive a vehicle into the National Security Agency portion of the installation without authorization”, according to an NSA statement.[162] FBI spokeswoman Amy Thoreson said the incident is not believed to be related to terrorism.[163]In June 2015 the FBI closed its investigation into the incident and federal prosecutors have declined to bring charges against anyone involved.[164]

An anonymous police official told The Washington Post, “This was not a deliberate attempt to breach the security of NSA. This was not a planned attack.” The two are believed to have made a wrong turn off the highway, while fleeing from the motel after stealing the vehicle. A small amount of cocaine was found in the SUV. A local CBS reporter initially said a gun was found,[165]but her later revision does not.[166] Dozens of journalists were corralled into a parking lot blocks away from the scene, and were barred from photographing the area.[167]

Computing[edit]

In 1995, The Baltimore Sun reported that the NSA is the owner of the single largest group of supercomputers.[168]

NSA held a groundbreaking ceremony at Ft. Meade in May 2013 for its High Performance Computing Center 2, expected to open in 2016.[169] Called Site M, the center has a 150 megawatt power substation, 14 administrative buildings and 10 parking garages.[149] It cost $3.2 billion and covers 227 acres (92 ha; 0.355 sq mi).[149] The center is 1,800,000 square feet (17 ha; 0.065 sq mi)[149] and initially uses 60 megawatts of electricity.[170]

Increments II and III are expected to be completed by 2030, and would quadruple the space, covering 5,800,000 square feet (54 ha; 0.21 sq mi) with 60 buildings and 40 parking garages.[149] Defense contractors are also establishing or expanding cybersecurity facilities near the NSA and around the Washington metropolitan area.[149]

Other U.S. facilities

Buckley Air Force Base in Colorado

Utah Data Center

As of 2012, NSA collected intelligence from four geostationary satellites.[155] Satellite receivers were at Roaring Creek Station in Catawissa, Pennsylvania and Salt Creek Station in Arbuckle, California.[155] It operated ten to twenty taps on U.S. telecom switches. NSA had installations in several U.S. states and from them observed intercepts from Europe, the Middle East, North Africa, Latin America, and Asia.[155]

NSA had facilities at Friendship Annex (FANX) in Linthicum, Maryland, which is a 20 to 25-minute drive from Ft. Meade;[171] the Aerospace Data Facility at Buckley Air Force Base in Aurora outside Denver, Colorado; NSA Texas in the Texas Cryptology Center at Lackland Air Force Base in San Antonio, Texas; NSA Georgia at Fort Gordon in Augusta, Georgia; NSA Hawaii in Honolulu; the Multiprogram Research Facility in Oak Ridge, Tennessee, and elsewhere.[152][155]

On January 6, 2011 a groundbreaking ceremony was held to begin construction on NSA’s first Comprehensive National Cyber-security Initiative (CNCI) Data Center, known as the “Utah Data Center” for short. The $1.5B data center is being built at Camp Williams, Utah, located 25 miles (40 km) south of Salt Lake City, and will help support the agency’s National Cyber-security Initiative.[172] It is expected to be operational by September 2013.[155]

In 2009, to protect its assets and to access more electricity, NSA sought to decentralize and expand its existing facilities in Ft. Meade and Menwith Hill,[173] the latter expansion expected to be completed by 2015.[174]

The Yakima Herald-Republic cited Bamford, saying that many of NSA’s bases for its Echelon program were a legacy system, using outdated, 1990s technology.[175] In 2004, NSA closed its operations at Bad Aibling Station (Field Station 81) in Bad Aibling, Germany.[176] In 2012, NSA began to move some of its operations at Yakima Research Station, Yakima Training Center, in Washington state to Colorado, planning to leave Yakima closed.[177] As of 2013, NSA also intended to close operations at Sugar Grove, West Virginia.[175]

International stations

RAF Menwith Hill has the largest NSA presence in the United Kingdom.[174]

Following the signing in 1946–1956[178] of the UKUSA Agreement between the United States, United Kingdom, Canada, Australia and New Zealand, who then cooperated on signals intelligence and ECHELON,[179] NSA stations were built at GCHQ Bude in Morwenstow, United Kingdom; Geraldton, Pine Gap and Shoal Bay, Australia; Leitrim and Ottawa, Canada; Misawa, Japan; and Waihopai and Tangimoana,[180] New Zealand.[181]

NSA operates RAF Menwith Hill in North Yorkshire, United Kingdom, which was, according to BBC News in 2007, the largest electronic monitoring station in the world.[182] Planned in 1954, and opened in 1960, the base covered 562 acres (227 ha; 0.878 sq mi) in 1999.[183]

The agency’s European Cryptologic Center (ECC), with 240 employees in 2011, is headquartered at a US military compound in Griesheim, near Frankfurt in Germany. A 2011 NSA report indicates that the ECC is responsible for the “largest analysis and productivity in Europe” and focusses on various priorities, including Africa, Europe, the Middle East and counterterrorism operations.[184]

In 2013, a new Consolidated Intelligence Center, also to be used by NSA, is being built at the headquarters of the United States Army Europe in Wiesbaden, Germany.[185] NSA’s partnership with Bundesnachrichtendienst (BND), the German foreign intelligence service, was confirmed by BND president Gerhard Schindler.[185]

Thailand

Thailand is a “3rd party partner” of the NSA along with nine other nations.[186] These are non-English-speaking countries that have made security agreements for the exchange of SIGINT raw material and end product reports.

Thailand is the site of at least two US SIGINT collection stations. One is at the US Embassy in Bangkok, a joint NSA-CIA Special Collection Service (SCS) unit. It presumably eavesdrops on foreign embassies, governmental communications, and other targets of opportunity.[187]

The second installation is a FORNSAT (foreign satellite interception) station in the Thai city of Khon Kaen. It is codenamed INDRA, but has also been referred to as LEMONWOOD.[187] The station is approximately 40 ha (100 acres) in size and consists of a large 3,700–4,600 m2 (40,000–50,000 ft2) operations building on the west side of the ops compound and four radome-enclosed parabolic antennas. Possibly two of the radome-enclosed antennas are used for SATCOM intercept and two antennas used for relaying the intercepted material back to NSA. There is also a PUSHER-type circularly-disposed antenna array (CDAA) array just north of the ops compound.[188][189]

NSA activated Khon Kaen in October 1979. Its mission was to eavesdrop on the radio traffic of Chinese army and air force units in southern China, especially in and around the city of Kunming in Yunnan Province. Back in the late 1970s the base consisted only of a small CDAA antenna array that was remote-controlled via satellite from the NSA listening post at Kunia, Hawaii, and a small force of civilian contractors from Bendix Field Engineering Corp. whose job it was to keep the antenna array and satellite relay facilities up and running 24/7.[188]

According to the papers of the late General William Odom, the INDRA facility was upgraded in 1986 with a new British-made PUSHER CDAA antenna as part of an overall upgrade of NSA and Thai SIGINT facilities whose objective was to spy on the neighboring communist nations of Vietnam, Laos, and Cambodia.[188]

The base apparently fell into disrepair in the 1990s as China and Vietnam became more friendly towards the US, and by 2002 archived satellite imagery showed that the PUSHER CDAA antenna had been torn down, perhaps indicating that the base had been closed. At some point in the period since 9/11, the Khon Kaen base was reactivated and expanded to include a sizeable SATCOM intercept mission. It is likely that the NSA presence at Khon Kaen is relatively small, and that most of the work is done by civilian contractors.[188]

Mission

NSA’s eavesdropping mission includes radio broadcasting, both from various organizations and individuals, the Internet, telephone calls, and other intercepted forms of communication. Its secure communications mission includes military, diplomatic, and all other sensitive, confidential or secret government communications.[190]

According to the Washington Post, “[e]very day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications. The NSA sorts a fraction of those into 70 separate databases.”[191]

Because of its listening task, NSA/CSS has been heavily involved in cryptanalytic research, continuing the work of predecessor agencies which had broken many World War II codes and ciphers (see, for instance, Purple, Venona project, and JN-25).

In 2004, NSA Central Security Service and the National Cyber Security Division of the Department of Homeland Security (DHS) agreed to expand NSA Centers of Academic Excellence in Information Assurance Education Program.[192]

As part of the National Security Presidential Directive 54/Homeland Security Presidential Directive 23 (NSPD 54), signed on January 8, 2008 by President Bush, the NSA became the lead agency to monitor and protect all of the federal government’s computer networks from cyber-terrorism.[9]

Operations

Operations by the National Security Agency can be divided in three types:

  • Collection overseas, which falls under the responsibility of the Global Access Operations (GAO) division.
  • Domestic collection, which falls under the responsibility of the Special Source Operations (SSO) division.
  • Hacking operations, which falls under the responsibility of the Tailored Access Operations (TAO) division.

Collection overseas

Echelon

Main article: ECHELON

Echelon was created in the incubator of the Cold War.[193] Today it is a legacy system, and several NSA stations are closing.[175]

NSA/CSS, in combination with the equivalent agencies in the United Kingdom (Government Communications Headquarters), Canada (Communications Security Establishment), Australia (Defence Signals Directorate), and New Zealand (Government Communications Security Bureau), otherwise known as the UKUSA group,[194] was reported to be in command of the operation of the so-called ECHELON system. Its capabilities were suspected to include the ability to monitor a large proportion of the world’s transmitted civilian telephone, fax and data traffic.[195]

During the early 1970s, the first of what became more than eight large satellite communications dishes were installed at Menwith Hill.[196] Investigative journalist Duncan Campbell reported in 1988 on the ECHELON surveillance program, an extension of the UKUSA Agreement on global signals intelligence SIGINT, and detailed how the eavesdropping operations worked.[197] In November 3, 1999 the BBC reported that they had confirmation from the Australian Government of the existence of a powerful “global spying network” code-named Echelon, that could “eavesdrop on every single phone call, fax or e-mail, anywhere on the planet” with Britain and the United States as the chief protagonists. They confirmed that Menwith Hill was “linked directly to the headquarters of the US National Security Agency (NSA) at Fort Meade in Maryland”.[198]

NSA’s United States Signals Intelligence Directive 18 (USSID 18) strictly prohibited the interception or collection of information about “… U.S. persons, entities, corporations or organizations….” without explicit written legal permission from the United States Attorney General when the subject is located abroad, or the Foreign Intelligence Surveillance Court when within U.S. borders. Alleged Echelon-related activities, including its use for motives other than national security, including political and industrial espionage, received criticism from countries outside the UKUSA alliance.[199][200]

Protesters against NSA data mining in Berlin wearing Chelsea Manning and Edward Snowden masks.

Other SIGINT operations overseas

The NSA is also involved in planning to blackmail people with “SEXINT“, intelligence gained about a potential target’s sexual activity and preferences. Those targeted had not committed any apparent crime nor were charged with one.[201]

In order to support its facial recognition program, the NSA is intercepting “millions of images per day”.[202]

The Real Time Regional Gateway is a data collection program introduced in 2005 in Iraq by NSA during the Iraq War that consisted of gathering all electronic communication, storing it, then searching and otherwise analyzing it. It was effective in providing information about Iraqi insurgents who had eluded less comprehensive techniques.[203] This “collect it all” strategy introduced by NSA director, Keith B. Alexander, is believed by Glenn Greenwald of The Guardian to be the model for the comprehensive worldwide mass archiving of communications which NSA is engaged in as of 2013.[204]

BoundlessInformant

Edward Snowden revealed in June 2013 that between February 8 and March 8, 2013, the NSA collected about 124.8 billion telephone data items and 97.1 billion computer data items throughout the world, as was displayed in charts from an internal NSA tool codenamed Boundless Informant. It was reported that some of these data reflected eavesdropping on citizens in countries like Germany, Spain and France.[205]

BoundlessInformant employs big data databases, cloud computing technology, and Free and Open Source Software (FOSS) to analyze data collected worldwide by the NSA.[206]

Bypassing encryption

In 2013, reporters uncovered a secret memo that claims the NSA created and pushed for the adoption of the Dual_EC_DRBG encryption standard that contained built-in vulnerabilities in 2006 to the United States National Institute of Standards and Technology (NIST), and the International Organization for Standardization (aka ISO).[207][208] This memo appears to give credence to previous speculation by cryptographers at Microsoft Research.[209] Edward Snowden claims that the NSA often bypasses encryption altogether by lifting information before it is encrypted or after it is decrypted.[208]

XKeyscore rules (as specified in a file xkeyscorerules100.txt, sourced by German TV stations NDR and WDR, who claim to have excerpts from its source code) reveal that the NSA tracks users of privacy-enhancing software tools, including Tor; an anonymous email service provided by the MIT Computer Science and Artificial Intelligence Laboratory (CSAIL) in Cambridge, Massachusetts; and readers of the Linux Journal.[210][211]

Domestic activity

NSA’s mission, as set forth in Executive Order 12333 in 1981, is to collect information that constitutes “foreign intelligence or counterintelligence” while not “acquiring information concerning the domestic activities of United States persons”. NSA has declared that it relies on the FBI to collect information on foreign intelligence activities within the borders of the United States, while confining its own activities within the United States to the embassies and missions of foreign nations.[212] The appearance of a ‘Domestic Surveillance Directorate’ of the NSA was soon exposed as a hoax in 2013.[213][214]

NSA’s domestic surveillance activities are limited by the requirements imposed by the Fourth Amendment to the U.S. Constitution. The Foreign Intelligence Surveillance Court for example held in October 2011, citing multiple Supreme Court precedents, that the Fourth Amendment prohibitions against unreasonable searches and seizures applies to the contents of all communications, whatever the means, because “a person’s private communications are akin to personal papers.”[215] However, these protections do not apply to non-U.S. persons located outside of U.S. borders, so the NSA’s foreign surveillance efforts are subject to far fewer limitations under U.S. law.[216] The specific requirements for domestic surveillance operations are contained in the Foreign Intelligence Surveillance Act of 1978 (FISA), which does not extend protection to non-U.S. citizens located outside of U.S. territory.[216]

George W. Bush administration

George W. Bush, president during the 9/11 terrorist attacks, approved the Patriot Act shortly after the attacks to take anti-terrorist security measures. Title 1, 2, and 9 specifically authorized measures that would be taken by the NSA. These titles granted enhanced domestic security against terrorism, surveillance procedures, and improved intelligence, respectively. On March 10, 2004, there was a debate between President Bush and White House Counsel Alberto Gonzales, Attorney General John Ashcroft, and Acting Attorney General James Comey. The Attorney Generals were unsure if the NSA’s programs could be considered constitutional. They threatened to resign over the matter, but ultimately the NSA’s programs continued.[217] On March 11, 2004, President Bush signed a new authorization for mass surveillance of Internet records, in addition to the surveillance of phone records.This allowed the president to be able to override laws such as the Foreign Intelligence Surveillance Act, which protected civilians from mass surveillance. In addition to this, President Bush also signed that the measures of mass surveillance were also retroactively in place.[218]

Warrantless wiretaps

On December 16, 2005, The New York Times reported that, under White House pressure and with an executive order from President George W. Bush, the National Security Agency, in an attempt to thwart terrorism, had been tapping phone calls made to persons outside the country, without obtaining warrants from the United States Foreign Intelligence Surveillance Court, a secret court created for that purpose under the Foreign Intelligence Surveillance Act (FISA).[219]

One such surveillance program, authorized by the U.S. Signals Intelligence Directive 18 of President George Bush, was the Highlander Project undertaken for the National Security Agency by the U.S. Army 513th Military Intelligence Brigade. NSA relayed telephone (including cell phone) conversations obtained from ground, airborne, and satellite monitoring stations to various U.S. Army Signal Intelligence Officers, including the 201st Military Intelligence Battalion. Conversations of citizens of the U.S. were intercepted, along with those of other nations.[220]

Proponents of the surveillance program claim that the President has executive authority to order such action, arguing that laws such as FISA are overridden by the President’s Constitutional powers. In addition, some argued that FISA was implicitly overridden by a subsequent statute, the Authorization for Use of Military Force, although the Supreme Court’s ruling in Hamdan v. Rumsfeld deprecates this view. In the August 2006 case ACLU v. NSA, U.S. District Court Judge Anna Diggs Taylor concluded that NSA’s warrantless surveillance program was both illegal and unconstitutional. On July 6, 2007 the 6th Circuit Court of Appeals vacated the decision on the grounds that the ACLU lacked standing to bring the suit.[221]

On January 17, 2006, the Center for Constitutional Rights filed a lawsuit, CCR v. Bush, against the George W. Bush Presidency. The lawsuit challenged the National Security Agency’s (NSA’s) surveillance of people within the U.S., including the interception of CCR emails without securing a warrant first.[222][223]

In September 2008, the Electronic Frontier Foundation (EFF) filed a class action lawsuit against the NSA and several high-ranking officials of the Bush administration,[224] charging an “illegal and unconstitutional program of dragnet communications surveillance,”[225] based on documentation provided by former AT&T technician Mark Klein.[226]

As a result of the USA Freedom Act passed by Congress in June 2015, the NSA had to shut down its bulk phone surveillance program on November 29 of the same year. The USA Freedom Act forbids the NSA to collect metadata and content of phone calls unless it has a warrant for terrorism investigation. In that case the agency has to ask the telecom companies for the record, which will only be kept for six months.

AT&T Internet monitoring

In May 2006, Mark Klein, a former AT&T employee, alleged that his company had cooperated with NSA in installing Narus hardware to replace the FBI Carnivore program, to monitor network communications including traffic between American citizens.[227]

Data mining

NSA was reported in 2008 to use its computing capability to analyze “transactional” data that it regularly acquires from other government agencies, which gather it under their own jurisdictional authorities. As part of this effort, NSA now monitors huge volumes of records of domestic email data, web addresses from Internet searches, bank transfers, credit-card transactions, travel records, and telephone data, according to current and former intelligence officials interviewed by The Wall Street Journal. The sender, recipient, and subject line of emails can be included, but the content of the messages or of phone calls are not.[228]

A 2013 advisory group for the Obama administration, seeking to reform NSA spying programs following the revelations of documents released by Edward J. Snowden.[229] mentioned in ‘Recommendation 30’ on page 37, “…that the National Security Council staff should manage an interagency process to review on a regular basis the activities of the US Government regarding attacks that exploit a previously unknown vulnerability in a computer application.” Retired cyber security expert Richard A. Clarke was a group member and stated on April 11 that NSA had no advance knowledge of Heartbleed.[230]

Illegally obtained evidence

In August 2013 it was revealed that a 2005 IRS training document showed that NSA intelligence intercepts and wiretaps, both foreign and domestic, were being supplied to the Drug Enforcement Administration (DEA) and Internal Revenue Service (IRS) and were illegally used to launch criminal investigations of US citizens. Law enforcement agents were directed to conceal how the investigations began and recreate an apparently legal investigative trail by re-obtaining the same evidence by other means.[231][232]

Barack Obama administration

In the months leading to April 2009, the NSA intercepted the communications of American citizens, including a Congressman, although the Justice Department believed that the interception was unintentional. The Justice Department then took action to correct the issues and bring the program into compliance with existing laws.[233] United States Attorney General Eric Holder resumed the program according to his understanding of the Foreign Intelligence Surveillance Act amendment of 2008, without explaining what had occurred.[234]

Polls conducted in June 2013 found divided results among Americans regarding NSA’s secret data collection.[235] Rasmussen Reports found that 59% of Americans disapprove,[236] Gallup found that 53% disapprove,[237] and Pew found that 56% are in favor of NSA data collection.[238]

Section 215 metadata collection

On April 25, 2013, the NSA obtained a court order requiring Verizon‘s Business Network Services to provide metadata on all calls in its system to the NSA “on an ongoing daily basis” for a three-month period, as reported by The Guardian on June 6, 2013. This information includes “the numbers of both parties on a call … location data, call duration, unique identifiers, and the time and duration of all calls” but not “[t]he contents of the conversation itself”. The order relies on the so-called “business records” provision of the Patriot Act.[239][240]

In August 2013, following the Snowden leaks, new details about the NSA’s data mining activity were revealed. Reportedly, the majority of emails into or out of the United States are captured at “selected communications links” and automatically analyzed for keywords or other “selectors”. Emails that do not match are deleted.[241]

The utility of such a massive metadata collection in preventing terrorist attacks is disputed. Many studies reveal the dragnet like system to be ineffective. One such report, released by the New America Foundation concluded that after an analysis of 225 terrorism cases, the NSA “had no discernible impact on preventing acts of terrorism.”[242]

Defenders of the program say that while metadata alone can’t provide all the information necessary to prevent an attack, it assures the ability to “connect the dots”[243] between suspect foreign numbers and domestic numbers with a speed only the NSA’s software is capable of. One benefit of this is quickly being able to determine the difference between suspicious activity and real threats.[citation needed] As an example, NSA director General Keith Alexander mentioned at the annual Cybersecurity Summit in 2013, that metadata analysis of domestic phone call records after the Boston Marathon bombing helped determine that[clarification needed] another attack in New York was baseless.[243]

In addition to doubts about its effectiveness, many people argue that the collection of metadata is an unconstitutional invasion of privacy. As of 2015, the collection process remains legal and grounded in the ruling from Smith v. Maryland (1979). A prominent opponent of the data collection and its legality is U.S. District Judge Richard J. Leon, who issued a report in 2013[244] in which he stated: “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval…Surely, such a program infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment”.

The PRISM program[edit]

PRISM: a clandestine surveillance program under which the NSA collects user data from companies like Microsoft and Facebook.

Under the PRISM program, which started in 2007,[245][246] NSA gathers Internet communications from foreign targets from nine major U.S. Internet-based communication service providers: Microsoft,[247] Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple. Data gathered include email, video and voice chat, videos, photos, VoIP chats such as Skype, and file transfers.

June 2015 – WikiLeaks: Industrial espionage

In June 2015, Wikileaks published documents, which showed that NSA spied on French companies.[248]

July 2015 – WikiLeaks: Espionage against German federal ministries[edit]

In July 2015, WikiLeaks published documents, which showed that NSA spied on federal German ministries since 1990s.[249][250] Even Germany’s Chancellor Angela Merkel‘s cellphones and phone of her predecessors had been intercepted.[251]

Claims of prevented terrorist attacks

Former NSA director General Keith Alexander claimed that in September 2009 the NSA prevented Najibullah Zazi and his friends from carrying out a terrorist attack.[252] However, this claim has been debunked and no evidence has been presented demonstrating that the NSA has ever been instrumental in preventing a terrorist attack.[253][254][255][256]

Hacking operations

Besides the more traditional ways of eavesdropping in order to collect signals intelligence, NSA is also engaged in hacking computers, smartphones and their networks. These operations are conducted by the Tailored Access Operations (TAO) division.

NSA’s China hacking group

According to the Foreign Policy magazine, “… the Office of Tailored Access Operations, or TAO, has successfully penetrated Chinese computer and telecommunications systems for almost 15 years, generating some of the best and most reliable intelligence information about what is going on inside the People’s Republic of China.”[257][258]

Syrian internet blackout

In an interview with Wired magazine, Edward Snowden said the Tailored Access Operations division accidentally caused Syria‘s internet blackout in 2012.[259]

Suspected responsibility for hacking operations by the Equation Group[edit]

The espionage group named the Equation Group, described by discoverers Kaspersky Labs as one of the most advanced (if not the most advanced) in the world as of 2015,[260]:31 and connected to over 500 malware infections in at least 42 countries over many years, is suspected of being a part of NSA.[261][262] The group’s known espionage methods have been documented to include interdiction (interception of legitimate CDs sent by a scientific conference organizer by mail),[260]:15 and the “unprecedented” ability to infect and be transmitted through the hard drive firmware of several of the major hard drive manufacturers, and create and use hidden disk areas and virtual disk systems for its purposes, a feat demanding access to the manufacturer’s source code of each to achieve.[260]:16–18 The methods used to deploy the tools demonstrated “surgical precision”, going so far as to exclude specific countries by IP and allow targeting of specific usernames on discussion forums.[260]:23–26 The techniques and knowledge used by the Equation Group are considered in summary to be “out of the reach of most advanced threat groups in the world except [this group].[260]:31

Software backdoors

Linux kerne

Linus Torvalds, the founder of Linux kernel, joked during a LinuxCon keynote on September 18, 2013 that the NSA, who are the founder of SELinux, wanted a backdoor in the kernel.[263]However, later, Linus’ father, a Member of the European Parliament (MEP), revealed that the NSA actually did this.[264]

When my oldest son [Linus Torvalds] was asked the same question: “Has he been approached by the NSA about backdoors?” he said “No”, but at the same time he nodded. Then he was sort of in the legal free. He had given the right answer, [but] everybody understood that the NSA had approached him.

— Nils Torvalds, LIBE Committee Inquiry on Electronic Mass Surveillance of EU Citizens – 11th Hearing, 11 November 2013[265]
Microsoft Windows
Main article: _NSAKEY

_NSAKEY was a variable name discovered in Microsoft‘s Windows NT 4 Service Pack 5 (which had been released unstripped of its symbolic debugging data) in August 1999 by Andrew D. Fernandes of Cryptonym Corporation. That variable contained a 1024-bit public key.

IBM Notes

IBM Notes was the first widely adopted software product to use public key cryptography for client–server and server–server authentication and for encryption of data. Until US laws regulating encryption were changed in 2000, IBM and Lotus were prohibited from exporting versions of Notes that supported symmetric encryption keys that were longer than 40 bits. In 1997, Lotus negotiated an agreement with the NSA that allowed export of a version that supported stronger keys with 64 bits, but 24 of the bits were encrypted with a special key and included in the message to provide a “workload reduction factor” for the NSA. This strengthened the protection for users of Notes outside the US against private-sector industrial espionage, but not against spying by the US government.[266][267]

Boomerang routing

While it is assumed that foreign transmissions terminating in the U.S. (such as a non-U.S. citizen accessing a U.S. website) subject non-U.S. citizens to NSA surveillance, recent research into boomerang routing has raised new concerns about the NSA’s ability to surveil the domestic Internet traffic of foreign countries.[18] Boomerang routing occurs when an Internet transmission that originates and terminates in a single country transits another. Research at the University of Toronto has suggested that approximately 25% of Canadian domestic traffic may be subject to NSA surveillance activities as a result of the boomerang routing of Canadian Internet service providers.[18]

Hardware implanting

Intercepted packages are opened carefully by NSA employees
A “load station” implanting a beacon

A document included in NSA files released with Glenn Greenwald‘s book No Place to Hide details how the agency’s Tailored Access Operations (TAO) and other NSA units gain access to hardware. They intercept routers, servers and other network hardware being shipped to organizations targeted for surveillance and install covert implant firmware onto them before they are delivered. This was described by an NSA manager as “some of the most productive operations in TAO because they preposition access points into hard target networks around the world.”[268]

Computers seized by the NSA due to interdiction are often modified with a physical device known as Cottonmouth.[269]Cottonmouth is a device that can be inserted in the USB port of a computer in order to establish remote access to the targeted machine. According to NSA’s Tailored Access Operations (TAO) group implant catalog, after implanting Cottonmouth, the NSA can establish Bridging (networking) “that allows the NSA to load exploit software onto modified computers as well as allowing the NSA to relay commands and data between hardware and software implants.”[270]

Role in scientific research and development[

NSA has been involved in debates about public policy, both indirectly as a behind-the-scenes adviser to other departments, and directly during and after Vice Admiral Bobby Ray Inman‘s directorship. NSA was a major player in the debates of the 1990s regarding the export of cryptography in the United States. Restrictions on export were reduced but not eliminated in 1996.

Its secure government communications work has involved the NSA in numerous technology areas, including the design of specialized communications hardware and software, production of dedicated semiconductors (at the Ft. Meade chip fabrication plant), and advanced cryptography research. For 50 years, NSA designed and built most of its computer equipment in-house, but from the 1990s until about 2003 (when the U.S. Congress curtailed the practice), the agency contracted with the private sector in the fields of research and equipment.[271]

Data Encryption Standard

FROSTBURG was the NSA’s first supercomputer, used from 1991 to 1997

NSA was embroiled in some minor controversy concerning its involvement in the creation of the Data Encryption Standard (DES), a standard and public block cipher algorithm used by the U.S. government and banking community. During the development of DES by IBM in the 1970s, NSA recommended changes to some details of the design. There was suspicion that these changes had weakened the algorithm sufficiently to enable the agency to eavesdrop if required, including speculation that a critical component—the so-called S-boxes—had been altered to insert a “backdoor” and that the reduction in key length might have made it feasible for NSA to discover DES keys using massive computing power. It has since been observed that the S-boxes in DES are particularly resilient against differential cryptanalysis, a technique which was not publicly discovered until the late 1980s, but which was known to the IBM DES team.

The United States Senate Select Committee on Intelligence reviewed NSA’s involvement, and concluded that while the agency had provided some assistance, it had not tampered with the design.[272][273] In late 2009 NSA declassified information stating that “NSA worked closely with IBM to strengthen the algorithm against all except brute force attacks and to strengthen substitution tables, called S-boxes. Conversely, NSA tried to convince IBM to reduce the length of the key from 64 to 48 bits. Ultimately they compromised on a 56-bit key.”[274][275]

Advanced Encryption Standard

The involvement of NSA in the selection of a successor to Data Encryption Standard (DES), the Advanced Encryption Standard (AES), was limited to hardware performance testing (see AES competition).[276] NSA has subsequently certified AES for protection of classified information (for at most two levels, e.g. SECRET information in an unclassified environment[clarification needed]) when used in NSA-approved systems.[277]

NSA encryption systems

STU-III secure telephones on display at the National Cryptologic Museum

The NSA is responsible for the encryption-related components in these legacy systems:

  • FNBDT Future Narrow Band Digital Terminal[278]
  • KL-7 ADONIS off-line rotor encryption machine (post-WWII – 1980s)[279][280]
  • KW-26 ROMULUS electronic in-line teletypewriter encryptor (1960s–1980s)[281]
  • KW-37 JASON fleet broadcast encryptor (1960s–1990s)[280]
  • KY-57 VINSON tactical radio voice encryptor[281]
  • KG-84 Dedicated Data Encryption/Decryption[281]
  • STU-III secure telephone unit,[281] phased out by the STE[282]

The NSA oversees encryption in following systems which are in use today:

The NSA has specified Suite A and Suite B cryptographic algorithm suites to be used in U.S. government systems; the Suite B algorithms are a subset of those previously specified by NIST and are expected to serve for most information protection purposes, while the Suite A algorithms are secret and are intended for especially high levels of protection.[277]

SHA

The widely used SHA-1 and SHA-2 hash functions were designed by NSA. SHA-1 is a slight modification of the weaker SHA-0 algorithm, also designed by NSA in 1993. This small modification was suggested by NSA two years later, with no justification other than the fact that it provides additional security. An attack for SHA-0 that does not apply to the revised algorithm was indeed found between 1998 and 2005 by academic cryptographers. Because of weaknesses and key length restrictions in SHA-1, NIST deprecates its use for digital signatures, and approves only the newer SHA-2 algorithms for such applications from 2013 on.[287]

A new hash standard, SHA-3, has recently been selected through the competition concluded October 2, 2012 with the selection of Keccak as the algorithm. The process to select SHA-3 was similar to the one held in choosing the AES, but some doubts have been cast over it,[288][289] since fundamental modifications have been made to Keccak in order to turn it into a standard.[290] These changes potentially undermine the cryptanalysis performed during the competition and reduce the security levels of the algorithm.[288]

Dual_EC_DRBG random number generator

Main article: Dual_EC_DRBG

NSA promoted the inclusion of a random number generator called Dual_EC_DRBG in the U.S. National Institute of Standards and Technology‘s 2007 guidelines. This led to speculation of a backdoor which would allow NSA access to data encrypted by systems using that pseudo random number generator.[291]

This is now deemed to be plausible based on the fact that the output of the next iterations of the PRNG can provably be determined if the relation between two internal elliptic curve points is known.[292][293] Both NIST and RSA are now officially recommending against the use of this PRNG.[294][295]

Clipper chip

Main article: Clipper chip

Because of concerns that widespread use of strong cryptography would hamper government use of wiretaps, NSA proposed the concept of key escrow in 1993 and introduced the Clipper chip that would offer stronger protection than DES but would allow access to encrypted data by authorized law enforcement officials.[296] The proposal was strongly opposed and key escrow requirements ultimately went nowhere.[297] However, NSA’s Fortezza hardware-based encryption cards, created for the Clipper project, are still used within government, and NSA ultimately declassified and published the design of the Skipjack cipher used on the cards.[298][299]

Perfect Citizen

Main article: Perfect Citizen

Perfect Citizen is a program to perform vulnerability assessment by the NSA on U.S. critical infrastructure.[300][301] It was originally reported to be a program to develop a system of sensors to detect cyber attacks on critical infrastructure computer networks in both the private and public sector through a network monitoring system named Einstein.[302][303] It is funded by the Comprehensive National Cybersecurity Initiative and thus far Raytheon has received a contract for up to $100 million for the initial stage.

Academic research

NSA has invested many millions of dollars in academic research under grant code prefix MDA904, resulting in over 3,000 papers (as of 2007-10-11). NSA/CSS has, at times, attempted to restrict the publication of academic research into cryptography; for example, the Khufu and Khafre block ciphers were voluntarily withheld in response to an NSA request to do so. In response to a FOIA lawsuit, in 2013 the NSA released the 643-page research paper titled, “Untangling the Web: A Guide to Internet Research,[304] ” written and compiled by NSA employees to assist other NSA workers in searching for information of interest to the agency on the public Internet.[305]

Patents

NSA has the ability to file for a patent from the U.S. Patent and Trademark Office under gag order. Unlike normal patents, these are not revealed to the public and do not expire. However, if the Patent Office receives an application for an identical patent from a third party, they will reveal NSA’s patent and officially grant it to NSA for the full term on that date.[306]

One of NSA’s published patents describes a method of geographically locating an individual computer site in an Internet-like network, based on the latency of multiple network connections.[307] Although no public patent exists, NSA is reported to have used a similar locating technology called trilateralization that allows real-time tracking of an individual’s location, including altitude from ground level, using data obtained from cellphone towers.[308]

Legality

File:Ron Wyden and James Clapper - 12 March 2013.webm

Excerpt of James Clapper‘s false testimony to Congress on NSA surveillance programs

In the United States, at least since 2001,[309] there has been legal controversy over what signal intelligence can be used for and how much freedom the National Security Agency has to use signal intelligence.[310] The government has made, in 2015, slight changes in how it uses and collects certain types of data,[311] specifically phone records. President Barack Obama has asked lawyers and his national security team to look at the tactics that are being used by the NSA. President Obama made a speech on January 17, 2014 where he defended the national security measures, including the NSA, and their intentions for keeping the country safe through surveillance. He said that it is difficult to determine where the line should be drawn between what is too much surveillance and how much is needed for national security because technology is ever changing and evolving. Therefore, the laws cannot keep up with the rapid advancements.

President Obama did make some changes to national security regulations and how much data can be collected and surveyed.[citation needed] The first thing he added, was more presidential directive and oversight so that privacy and basic rights are not violated. The president would look over requests on behalf of American citizens to make sure that their personal privacy is not violated by the data that is being requested. Secondly, surveillance tactics and procedures are becoming more public, including over 40 rulings of the FISC that have been declassified.[citation needed] Thirdly, further protections are being placed on activities that are justified under Section 702, such as the ability to retain, search and use data collected in investigations, which allows the NSA to monitor and intercept interaction of targets overseas. Finally, national security letters, which are secret requests for information that the FBI uses in their investigations, are becoming less secretive. The secrecy of the information requested will not be indefinite and will terminate after a set time if future secrecy is not required.[citation needed] Concerning the bulk surveillance of American’s phone records, President Obama also ordered a transition from bulk surveillance under Section 215 to a new policy that will eliminate unnecessary bulk collection of metadata.

As of May 7, 2015, the U.S. Court of Appeals for the Second Circuit ruled that the interpretation of Section 215 of the Patriot Act was wrong and that the NSA program that has been collecting Americans’ phone records in bulk is illegal.[312] It stated that Section 215 cannot be clearly interpreted to allow government to collect national phone data and, as a result, expired on June 1, 2015. This ruling “is the first time a higher-level court in the regular judicial system has reviewed the N.S.A. phone records program.” [313] The new bill getting passed later in May taking its place is known as the U.S.A. Freedom Act, which will enable the NSA to continue hunting for terrorists by analyzing telephone links between callers but “keep the bulk phone records in the hands of phone companies.”[313] This would give phone companies the freedom to dispose the records in an 18-month period. The White House argued that this new ruling validated President Obama’s support of the government being extracted from bulk data collection and giving power to the telecommunications companies.

Previously, the NSA paid billions of dollars to telecommunications companies in order to collect data from them.[314] While companies such as Google and Yahoo! claim that they do not provide “direct access” from their servers to the NSA unless under a court order,[315] the NSA had access to emails, phone calls and cellular data users.[316] With this new ruling, telecommunications companies would not provide the NSA with bulk information. The companies would allow the disposal of data in every 18 months,[313] which is arguably putting the telecommunications companies at a higher advantage.

This ruling made the collecting of phone records illegal, but it did not rule on Section 215’s constitutionality. Senate Majority Leader Mitch McConnell has already put forth a new bill to re-authorize the Patriot Act.[317] Defenders of this surveillance program are claiming that judges who sit on the Foreign Intelligence Surveillance Court (FISC) had ruled 37 times that this kind of collection of data is, in fact, lawful.[317] The FISC is the court specifically mandated to grant surveillance orders in the name of foreign intelligence. The new ruling made by the Second District Court of Appeals now retroactively dismisses the findings of the FISC on this program.

See also

Notes

https://en.wikipedia.org/wiki/National_Security_Agency

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Robert Bork — Tempting of America — Videos

Posted on February 12, 2017. Filed under: American History, Blogroll, Books, College, Communications, Documentary, Education, Elections, Faith, Family, Federal Government, Freedom, history, Language, Law, liberty, Life, Links, media, Non-Fiction, People, Philosophy, Photos, Politics, Rants, Raves, Supreme Court, Video, Wealth, Welfare, Wisdom, Work, Writing | Tags: , , , , , , , , , , |

“The best lack all conviction, while the worst are full of passionate intensity.”

~William Butler Yates

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time-bork

Robert Bork – Constitutional Precedent

Flashback: Ted Kennedy ‘Borking’ Bork (1987)

Judge Bork Judicial Activism

Thomas Sowell – Congressional Testimony

Published on May 31, 2013

From the Bork Confirmation Hearings, Thomas Sowell responds to Congressional questions regarding affirmative action, judicial activism and other issues. Orrin Hatch, Joe Biden, Howell Heflin, Gordon Humphrey. http://www.LibertyPen.com

Thomas Sowell – Robert Bork Hearings (1987)

Alito on Bork

Robert Bork: Supreme Court Nomination Hearings from PBS NewsHour and EMK Institute

ROBERT’S RULES OF ORDER: A Conversation with Robert Bork

Judicial Philosophy/Originalism-The Tempting of America: The Political Seduction of the Law

A Conversation with Judge Robert H. Bork 6-26-07

Friedrich von Hayek and Robert Bork Part I (U1009) – Full Video

Friedrich von Hayek and Robert Bork Part II (U1040) – Full Video

Friedrich von Hayek and Robert Bork Part III (U1051) – Full Video

“Slouching Towards Gomorrah” with Robert Bork

Robert Bork Interview on Nixon 2008

President Reagan’s Address to the Nation on the Nomination of Judge Bork, October 14, 1987

Bork’s Impact on the Confirmation Process

Supreme Court Justice says ‘Right to Privacy not in Constitution’

Robert Bork Supreme Court Nomination Process Hearings Day 1 Part 1 (1987)

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Why We’re Losing Liberty

Why I Left the Left

Why the Right is Right

Antonin Scalia and Stephen Breyer debate the Constitution

A Conversation on the Constitution: Judicial Interpretation Part 1 Volume 1

Uncommon Knowledge with Justice Antonin Scalia

Robert Bork

From Wikipedia, the free encyclopedia
Robert Bork
Robert Bork.jpg
Judge of the United States Court of Appeals for the District of Columbia Circuit
In office
February 9, 1982 – February 5, 1988
Appointed by Ronald Reagan
Preceded by Carl McGowan
Succeeded by Clarence Thomas
United States Attorney General
Acting
In office
October 20, 1973 – December 17, 1973
President Richard Nixon
Preceded by Elliot Richardson
Succeeded by William Saxbe
Solicitor General of the United States
In office
March 21, 1973 – January 20, 1977
President Richard Nixon
Gerald Ford
Preceded by Erwin Griswold
Succeeded by Daniel Friedman(Acting)
Personal details
Born Robert Heron Bork
March 1, 1927
Pittsburgh, Pennsylvania, U.S.
Died December 19, 2012 (aged 85)
Arlington, Virginia, U.S.
Political party Republican
Spouse(s) Claire Davidson (1952–1980)
Mary Ellen Pohl (1982–2012)
Education University of Chicago(BA, JD)

Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American judge and legal scholar who advocated the judicial philosophy of originalism. Bork served as a Yale Law School professor, Solicitor General, Acting Attorney General, and a judge of the United States Court of Appeals for the District of Columbia Circuit.[1]

In 1987, President Ronald Reagannominated him to the Supreme Court, but the U.S. Senate rejected his nomination.

Bork is acclaimed also as an antitrust scholar, where his once-idiosyncratic view that antitrust law should focus on maximizing consumer welfare has come to dominate American legal thinking on the subject.[2]

Early career and family

Bork was born in Pittsburgh, Pennsylvania. His father was Harry Philip Bork, Jr. (1897–1974), a steel company purchasing agent, and his mother was Elisabeth (née Kunkle; 1898–2004), a schoolteacher.[3] His father was of German and Irish ancestry, while his mother was of Pennsylvania Dutch (German) descent.[4] He was married to Claire Davidson from 1952 until 1980, when she died of cancer. They had a daughter, Ellen, and two sons, Robert and Charles. In 1982 he married Mary Ellen Pohl,[5] a Catholic religious sister turned activist.[6]

Bork attended the Hotchkiss School in Lakeville, Connecticut[7] and earned bachelor’s and law degrees from the University of Chicago. While pursuing his bachelor’s degree he became a brother of the international social fraternity of Phi Gamma Delta. While pursuing his law degree he served on Law Review. At Chicago he was awarded a Phi Beta Kappa key with his law degree in 1953 and passed the bar in Illinois that same year. After a period of service in the United States Marine Corps, Bork began as a lawyer in private practice in 1954 at Willkie Farr & Gallagher LLP[8] in New York and then was a professor at Yale Law School from 1962 to 1975 and 1977 to 1981. Among his students during this time were Bill Clinton, Hillary Clinton, Anita Hill, Robert Reich, Jerry Brown, John R. Bolton, Samuel Issacharoff, and Cynthia Estlund.[9][10]

Advocacy of originalism

Bork was best known for his theory that the only way to reconcile the role of the judiciary in the U.S. government against what he terms the “Madisonian” or “counter-majoritarian” dilemma of the judiciary making law without popular approval is for constitutional adjudication to be guided by the framers’ original understanding of the United States Constitution. Reiterating that it is a court’s task to adjudicate and not to “legislate from the bench,” he advocated that judges exercise restraint in deciding cases, emphasizing that the role of the courts is to frame “neutral principles” (a term borrowed from Herbert Wechsler) and not simply ad hoc pronouncements or subjective value judgments. Bork once said, “The truth is that the judge who looks outside the Constitution always looks inside himself and nowhere else.”[11]

Bork built on the influential critiques of the Warren Court authored by Alexander Bickel, who criticized the Supreme Court under Earl Warren, alleging shoddy and inconsistent reasoning, undue activism, and misuse of historical materials. Bork’s critique was harder-edged than Bickel’s, however, and he has written, “We are increasingly governed not by law or elected representatives but by an unelected, unrepresentative, unaccountable committee of lawyers applying no will but their own.” Bork’s writings influenced the opinions of judges such as Associate JusticeAntonin Scalia and Chief JusticeWilliam Rehnquist of the U.S. Supreme Court, and sparked a vigorous debate within legal academia about how to interpret the Constitution.

Some conservatives criticized Bork’s approach. Conservative scholar Harry Jaffa criticized Bork (along with Rehnquist and Scalia) for failing to adhere to natural law principles.[12]Robert P. George explained Jaffa’s critique this way: “He attacks Rehnquist and Scalia and Bork for their embrace of legal positivism that is inconsistent with the doctrine of natural rights that is embedded in the Constitution they are supposed to be interpreting.”[12]

Antitrust scholar

At Yale, he was best known for writing The Antitrust Paradox, a book in which he argued that consumers often benefited from corporate mergers, and that many then-current readings of the antitrust laws were economically irrational and hurt consumers. He posited that the primary focus of antitrust laws should be on consumer welfare rather than ensuring competition, as fostering competition of companies within an industry has a natural built-in tendency to allow, and even help, many poorly run companies with methodologies and practices that are both inefficient and expensive to continue in business simply for the sake of competition, to the detriment of both consumers and society. Bork’s writings on antitrust law—with those of Richard Posner and other law and economics and Chicago School thinkers—were influential in causing a shift in the U.S. Supreme Court’s approach to antitrust laws since the 1970s.[13][14]

Solicitor General

Bork served as solicitor general in the U.S. Department of Justice from March 1973[15] to 1977. As solicitor general, Bork argued several high-profile cases before the Supreme Court in the 1970s, including 1974’s Milliken v. Bradley, where Bork’s brief in support of the State of Michigan was influential among the justices. Chief Justice Warren Burger called Bork the most effective counsel to appear before the court during his tenure. Bork hired many young attorneys as assistants who went on to have successful careers, including judges Danny Boggs and Frank H. Easterbrook as well as Robert Reich, later secretary of labor in the Clinton administration.

“Saturday Night Massacre”

On October 20, 1973, Solicitor General Bork was instrumental in the “Saturday Night Massacre“, U.S. President Richard Nixon‘s firing of WatergateSpecial ProsecutorArchibald Cox, following Cox’s request for tapes of his Oval Office conversations. Nixon initially ordered U.S. Attorney General, Elliot Richardson, to fire Cox. Richardson resigned rather than carry out the order. Richardson’s top deputy, Deputy Attorney GeneralWilliam Ruckelshaus, also considered the order “fundamentally wrong”[16] and also resigned, making Bork the Acting Attorney General. When Nixon reiterated his order, Bork complied and fired Cox, an act found illegal in November of that year in a suit brought by Ralph Nader. The Justice Department did not appeal the ruling, and because Cox indicated that he did not want his job back, the issue was considered resolved.[16] Bork remained Acting Attorney General until the appointment of William B. Saxbe on January 4, 1974.[17]

In his posthumously published memoirs, Bork stated that following the firings, Nixon promised him the next seat on the Supreme Court. Nixon was unable to carry out the promise after resigning in the wake of the Watergate scandal, but eventually, in 1987, Ronald Reagan nominated Bork for the Supreme Court.[18]

United States Circuit Judge

Bork was a circuit judge for the United States Court of Appeals for the District of Columbia Circuit between 1982 and 1988. He was nominated by President Reagan on December 7, 1981, was confirmed with a unanimous consent voice vote by the Senate on February 8, 1982,[19] and received his commission on February 9, 1982.

One of his opinions while on the D.C. Circuit was Dronenburg v. Zech, 741 F.2d 1388,[20] decided in 1984. This case involved James L. Dronenburg, a sailor who had been administratively discharged from the Navy for engaging in homosexual conduct. Dronenburg argued that his discharge violated his right to privacy. This argument was rejected in an opinion written by Bork and joined by Antonin Scalia, in which Bork critiqued the line of Supreme Court cases upholding a right to privacy.[20]

In rejecting Dronenburg’s suggestion for a rehearing en banc, the D.C. Circuit issued four separate opinions, including one by Bork (again joined by Scalia), who wrote that “no principle had been articulated [by the Supreme Court] that enabled us to determine whether appellant’s case fell within or without that principle.”[21]

In 1986, President Reagan considered nominating Bork to the Supreme Court vacancy created by the promotion of Associate Justice William Rehnquist to Chief Justice. Reagan ultimately chose Bork’s D.C. Circuit colleague, Judge Antonin Scalia, for the position.

U.S. Supreme Court nomination

Bork (right) with President Ronald Reagan, 1987

President Reagan nominated Bork for Associate Justice of the Supreme Court on July 1, 1987 to replace Lewis Powell. A hotly contested United States Senate debate over Bork’s nomination ensued. Opposition was partly fueled by civil rights and women’s rights groups concerned with Bork’s opposition to the authority claimed by the federal government to impose standards of voting fairness upon the states (at his confirmation hearings for the position of Solicitor General, he supported the rights of Southern states to impose a poll tax),[22] and his stated desire to roll back civil rights decisions of the Warren and Burger courts. Bork was one of only three Supreme Court nominees, along with William Rehnquist and Samuel Alito, to ever be opposed by the American Civil Liberties Union.[23] Bork was also criticized for being an “advocate of disproportionate powers for the executive branch of Government, almost executive supremacy”,[16] most notably, according to critics, for his role in the Saturday Night Massacre.

Before Supreme Court Justice Lewis Powell’s expected retirement on June 27, 1987, some Senate Democrats had asked liberal leaders to “form a ‘solid phalanx’ of opposition” if President Ronald Reagan nominated an “ideological extremist” to replace him, assuming it would tilt the court rightward.[24] Democrats also warned Reagan there would be a fight if Bork were nominated.[25] Nevertheless, Reagan nominated Bork for the seat on July 1, 1987.

Following Bork’s nomination to the Court, Sen. Ted Kennedy took to the Senate floor with a strong condemnation of Bork declaring:

Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is—and is often the only—protector of the individual rights that are the heart of our democracy … President Reagan is still our president. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate and impose his reactionary vision of the Constitution on the Supreme Court and the next generation of Americans. No justice would be better than this injustice.[26][27]

Bork responded, “There was not a line in that speech that was accurate.”[28] In an obituary of Kennedy, The Economist remarked that Bork may well have been correct, “but it worked.”[28] Bork also contended in his best-selling[29] book, The Tempting of America, that the brief prepared for Sen. Joe Biden, head of the Senate Judiciary Committee, “so thoroughly misrepresented a plain record that it easily qualifies as world class in the category of scurrility.”[30]

Television advertisements produced by People For the American Way and narrated by Gregory Peck attacked Bork as an extremist. Kennedy’s speech successfully fueled widespread public skepticism of Bork’s nomination. The rapid response to Kennedy’s “Robert Bork’s America” speech stunned the Reagan White House, and the accusations went unanswered for two and a half months.[31]

During debate over his nomination, Bork’s video rental history was leaked to the press. His video rental history was unremarkable, and included such harmless titles as A Day at the Races, Ruthless People, and The Man Who Knew Too Much. Writer Michael Dolan, who obtained a copy of the hand-written list of rentals, wrote about it for the Washington City Paper.[32] Dolan justified accessing the list on the ground that Bork himself had stated that Americans only had such privacy rights as afforded them by direct legislation. The incident led to the enactment of the 1988 Video Privacy Protection Act.[33]

To pro-choice rights legal groups, Bork’s originalist views and his belief that the Constitution does not contain a general “right to privacy” were viewed as a clear signal that, should he become a Justice on the Supreme Court, he would vote to reverse the Court’s 1973 decision in Roe v. Wade. Accordingly, a large number of groups mobilized to press for Bork’s rejection, and the resulting 1987 Senate confirmation hearings became an intensely partisan battle.

On October 23, 1987, the Senate denied Bork’s confirmation, with 42 Senators voting in favor and 58 voting against. Two Democratic Senators, David Boren (D-OK) and Ernest Hollings (D-SC), voted in his favor, with 6 Republican Senators (John Chafee (R-RI), Bob Packwood (R-OR), Arlen Specter (R-PA), Robert Stafford (R-VT), John Warner (R-VA), and Lowell P. Weicker, Jr. (R-CT) voting against him.[34]

The vacant court seat Bork was nominated to eventually went to Judge Anthony Kennedy, who was unanimously approved by the Senate, 97–0.[35] Bork, unhappy with his treatment in the nomination process, resigned his appellate-court judgeship in 1988.[36]

Bork as verb

According to columnist William Safire, the first published use of bork as a verb was possibly in The Atlanta Journal-Constitution of August 20, 1987. Safire defines to bork by reference “to the way Democrats savaged Ronald Reagan’s nominee, the Appeals Court judge Robert H. Bork, the year before.”[37] Perhaps the best known use of the verb to bork occurred in July 1991 at a conference of the National Organization for Women in New York City. Feminist Florynce Kennedy addressed the conference on the importance of defeating the nomination of Clarence Thomas to the U.S. Supreme Court, saying, “We’re going to bork him. We’re going to kill him politically … This little creep, where did he come from?”[38] Thomas was subsequently confirmed after one of the most divisive confirmation hearings in Supreme Court history.

In March 2002, the Oxford English Dictionary added an entry for the verb bork as U.S. political slang, with this definition: “To defame or vilify (a person) systematically, esp. in the mass media, usually with the aim of preventing his or her appointment to public office; to obstruct or thwart (a person) in this way.”[39]

There was an earlier usage of bork as a passive verb, common among litigators in the D.C. Circuit: to “get borked” was to receive a conservative judicial decision with no justification in the law, reflecting their perception, later documented in the Cardozo Law Review, of Judge Bork’s tendency to decide cases solely according to his ideology.[40]

Later work

Following his failure to be confirmed, Bork resigned his seat on the U.S. Court of Appeals for the D.C. Circuit and was for several years both a professor at George Mason University School of Law and a senior fellow at the American Enterprise Institute for Public Policy Research, a Washington, D.C., based think tank. Bork also consulted for Netscape in the Microsoft litigation. Bork was a fellow at the Hudson Institute. He later served as a visiting professor at the University of Richmond School of Law and was a professor at Ave Maria School of Law in Ann Arbor, Michigan.[41] In 2011, Bork worked as a legal adviser for the presidential campaign of Republican Mitt Romney.[42]

Works and views

Bork wrote several books, including the two best-sellers The Tempting of America, about his judicial philosophy and his nomination battle, and Slouching Towards Gomorrah: Modern Liberalism and American Decline, in which he argued that the rise of the New Left in the 1960s in the U.S. undermined the moral standards necessary for civil society, and spawned a generation of intellectuals who oppose Western civilization. Curiously, during the period these books were written, as well as most of his adult life, Bork was an agnostic, a fact used pejoratively behind the scenes by Southern Democrats when speaking to their evangelical constituents during his Supreme Court nomination process.

In The Tempting of America (page 82), Bork explained his support for the Supreme Court’s desegregation decision in Brown v. Board of Education:

By 1954, when Brown came up for decision, it had been apparent for some time that segregation rarely if ever produced equality. Quite aside from any question of psychology, the physical facilities provided for blacks were not as good as those provided for whites. That had been demonstrated in a long series of cases . . . The Court’s realistic choice, therefore, was either to abandon the quest for equality by allowing segregation or to forbid segregation in order to achieve equality. There was no third choice. Either choice would violate one aspect of the original understanding, but there was no possibility of avoiding that. Since equality and segregation were mutually inconsistent, though the ratifiers did not understand that, both could not be honored. When that is seen, it is obvious the Court must choose equality and prohibit state-imposed segregation. The purpose that brought the fourteenth amendment into being was equality before the law, and equality, not separation, was written into the law.

In 1999, Bork wrote an essay about Thomas More and attacked jury nullification as a “pernicious practice”.[43] Bork once quoted More in summarizing his judicial philosophy.[44]

In 2003, he published Coercing Virtue: The Worldwide Rule Of Judges, an American Enterprise Institute book that includes Bork’s philosophical objections to the phenomenon of incorporating international ethical and legal guidelines into the fabric of domestic law. In particular, he focuses on problems he sees as inherent in the federal judiciary of three nations, Israel, Canada, and the United States—countries where he believes courts have exceeded their discretionary powers, and have discarded precedent and common law, and in their place substituted their own liberal judgment.

Bork also advocated modifying the Constitution to allow Congressional super-majorities to override Supreme Court decisions, similar to the Canadian notwithstanding clause. Though Bork had many liberal critics, some of his arguments have earned criticism from conservatives as well. Although an opponent of gun control,[45] Bork denounced what he called the “NRA view” of the Second Amendment, something he described as the “belief that the constitution guarantees a right to Teflon-coated bullets.” Instead, he argued that the Second Amendment merely guarantees a right to participate in a government militia.[46]

Bork converted to Catholicism in 2003.[47]

In October 2005, Bork publicly criticized the nomination of Harriet Miers to the Supreme Court.[48][49]

On June 6, 2007, Bork filed suit in federal court in New York City against the Yale Club over an incident that had occurred a year earlier. Bork alleged that, while trying to reach the dais to speak at an event, he fell, because of the Yale Club’s failure to provide any steps or handrail between the floor and the dais. (After his fall, he successfully climbed to the dais and delivered his speech.)[50] According to the complaint, Bork’s injuries required surgery, immobilized him for months, forced him to use a cane, and left him with a limp.[51] In May 2008, Bork and the Yale Club reached a confidential, out-of-court settlement.[52]

On June 7, 2007, Bork with several others authored an amicus brief on behalf of Scooter Libby arguing that there was a substantial constitutional question regarding the appointment of the prosecutor in the case, reviving the debate that had previously resulted in the Morrison v. Olson decision.[53]

On December 15, 2007, Bork endorsed Mitt Romney for President. He repeated this endorsement on August 2, 2011.

A 2008 issue of the Harvard Journal of Law and Public Policy collected essays in tribute to Bork. Authors included Frank H. Easterbrook, George Priest, and Douglas Ginsburg.

Death

Bork died of complications from heart disease at the Virginia Hospital Center in Arlington, Virginia, on December 19, 2012.[1][36][54] Following his death, Scalia referred to Bork as “one of the most influential legal scholars of the past 50 years” and “a good man and a loyal citizen”. Mike Lee, Senator from Utah, called Bork “one of America’s greatest jurists and a brilliant legal mind”.[55]

In popular culture

The look of the character Judge Roy Snyder on The Simpsons is modeled on Robert Bork.[56]

In the “cold open” scene from a season 13 episode of Saturday Night Live that parodied a scene from the film The Untouchables (film), President Reagan (Phil Hartman) brutally beats Robert Bork with a baseball bat.

Selected writings

See also

https://en.wikipedia.org/wiki/Robert_Bork

Originalism

From Wikipedia, the free encyclopedia

In the context of United States constitutional interpretation, originalism is a way to interpret the Constitution‘s meaning as stable from the time of enactment, and which can only be changed by the steps set out in Article Five of the Constitution.[1] The term originated in the 1980s.[2] Originalism is based on formalist theory, and when applied to meaning, is closely related to textualism.

Today, originalism is popular among some political conservatives in the U.S., and is most prominently associated with Justice Clarence Thomas, 2017 Supreme Court nominee Neil Gorsuch, Justice Antonin Scalia, and Robert Bork. However, some liberals, such as late Justice Hugo Black and legal scholar Akhil Amar, have also subscribed to the theory.[3]

Originalism is an umbrella term for interpretative methods that hold to the “fixation thesis”—the notion that an utterance’s semantic content is fixed at the time it is uttered.[4]Originalists seek one of two alternative sources of meaning:

  • The original intent theory, which holds that interpretation of a written constitution is (or should be) consistent with what was meant by those who drafted and ratified it. This is currently a minority view among originalists.
  • The original meaning theory, which is closely related to textualism, is the view that interpretation of a written constitution or law should be based on what reasonable persons living at the time of its adoption would have understood the ordinary meaning of the text to be. It is this view with which most originalists, such as Justice Scalia, are associated.

These theories share the view that there is an identifiable original intent or original meaning, contemporaneous with a constitution’s or statute’s ratification, which should govern its subsequent interpretation. The divisions between these theories relate to what exactly that identifiable original intent or original meaning is: the intentions of the authors or the ratifiers, the original meaning of the text, a combination of the two, or the original meaning of the text but not its expected application.

Originalism and strict constructionism

Bret Boyce described the origins of the term originalist as follows: The term “originalism” has been most commonly used since the middle 1980s and was apparently coined by Paul Brest in The Misconceived Quest for the Original Understanding.[1] It is often asserted that originalism is synonymous with strict constructionism.[5][6][7][8]

Supreme Court Justice Antonin Scalia was a firm believer in originalism

Both theories are associated with textualist and formalist schools of thought, however there are pronounced differences between them. Justice Scalia differentiated the two by pointing out that, unlike an originalist, a strict constructionist would not acknowledge that he uses a cane means he walks with a cane (because, strictly speaking, this is not what he uses a cane means).[9] Scalia averred that he was “not a strict constructionist, and no-one ought to be”; he goes further, calling strict constructionism “a degraded form of textualism that brings the whole philosophy into disrepute”.[10]

Originalism is a theory of interpretation, not construction.[11] However, this distinction between “interpretation” and “construction” is controversial and is rejected by many nonoriginalists as artificial. As Scalia said, “the Constitution, or any text, should be interpreted [n]either strictly [n]or sloppily; it should be interpreted reasonably”; once originalism has told a Judge what the provision of the Constitution means, they are bound by that meaning—however the business of Judging is not simply to know what the text means (interpretation), but to take the law’s necessarily general provisions and apply them to the specifics of a given case or controversy (construction). In many cases, the meaning might be so specific that no discretion is permissible, but in many cases, it is still before the Judge to say what a reasonable interpretation might be. A judge could, therefore, be both an originalist and a strict constructionist—but he is not one by virtue of being the other.

To put the difference more explicitly, both schools take the plain meaning of the text as their starting point, but have different approaches that can best be illustrated with a fictitious example.

Suppose that the Constitution contained (which it obviously does not) a provision that a person may not be “subjected to the punishments of hanging by the neck, beheading, stoning, pressing, or execution by firing squad“. A strict constructionist might interpret that clause to mean that the specific punishments mentioned above were unconstitutional, but that other forms of capital punishment were permissible. For a strict constructionist, the specific, strict reading of the text is the beginning and end of the inquiry.

For an originalist, however, the text is the beginning of the inquiry, and two originalists might reach very different results, not only from the strict constructionist, but from each other. “Originalists can reach different results in the same case” (see What originalism is not—originalism is not always an answer in and of itself, below); one originalist might look at the context in which the clause was written, and might discover that the punishments listed in the clause were the only forms of capital punishment in use at that time, and the only forms of capital punishment that had ever been used at the time of ratification. An originalist might therefore conclude that capital punishment in general, including those methods for it invented since ratification, such as the electric chair, are not constitutional. Another originalist may look at the text and see that the writers created a list. He would assume that the authors intended this to be an exhaustive list of objectionable executions. Otherwise, they would have banned capital punishment as a whole, instead of listing specific means of punishment. He would rule that other forms of execution are constitutional.

Note that originalists would agree that, if the original meaning of the text could be ascertained, that meaning governs. Where they disagree, as in this example, is about exactly how to find that meaning. For example, any originalist or even a strict constructionist might apply the canon of construction expressio unius est exclusio alterius, which presumes that when an author includes one example he intends to exclude others. If that canon is appropriate in the example here, all originalist interpreters would likely reach the same result. Contrast this with a “living constitutional” interpretation, which might find that, although the text itself only prohibits certain methods, those methods are examples of particularly unpleasant methods of execution; therefore, the text invites modern readers to extend its principle to those forms of punishment we now find particularly unpleasant.

Forms of originalism

Originalism is actually a family of related views. Originalism as a movement got off to a slow start in 1971, with Robert Bork’s Neutral Principles and Some First Amendment Problems.[12] It was not until the 1980s, when conservative jurists began to take seats on the Supreme Court, that the debate really began in earnest. “Old originalism” focused primarily on “intent,” mostly by default. But that line was largely abandoned in the early 1990s; as “New originalism” emerged, most adherents subscribed to “original meaning” originalism, though there are some intentionalists within new originalism.

Original intent

Main article: Original intent

The original form of originalism is sometimes called intentionalism, or original intent originalism, and looked for the subjective intent of a law’s enactors. One problem with this approach is identifying the relevant “lawmaker” whose intent is sought. For instance, the authors of the U.S. Constitution could be the particular Founding Fathers that drafted it, such as those on the Committee of Detail. Or, since the Constitution purports to originate from the People, one could look to the various state ratifying conventions. The intentionalist methodology involves studying the writings of its authors, or the records of the Philadelphia Convention, or debates in the state legislatures, for clues as to their intent.

There are two kinds of intent analysis, reflecting two meanings of the word intent. The first, a rule of common law construction during the Founding Era, is functional intent. The second is motivational intent. To understand the difference, one can use the metaphor of an architect who designs a Gothic church with flying buttresses. The functional intent of flying buttresses is to prevent the weight of the roof from spreading the walls and causing a collapse of the building, which can be inferred from examining the design as a whole. The motivational intent might be to create work for his brother-in-law who is a flying buttress subcontractor. Using original intent analysis of the first kind, we can discern that the language of Article III of the U.S. Constitution was to delegate to Congress the power to allocate original and appellate jurisdictions, and not to remove some jurisdiction, involving a constitutional question, from all courts. That would suggest that the decision was wrong in Ex Parte McCardle.[13]

Problems with intentionalism

However, a number of problems are inherent in intentionalism, and a fortiori when that theory is applied to the Constitution. For example, most of the Founders did not leave detailed discussions of what their intent was in 1787, and while a few did, there is no reason to think that they should be dispositive of what the rest thought. Moreover, the discussions of the drafters may have been recorded; however they were not available to the ratifiers in each state. The theory of original intent was challenged in a string of law review articles in the 1980s.[14] Specifically, original intent was seen as lacking good answers to three important questions: whether a diverse group such as the framers even had a single intent; if they did, whether it could be determined from two centuries’ distance; and whether the framers themselves would have supported original intent.[15]

In response to this, a different strain of originalism, articulated by (among others) Antonin Scalia,[16] Robert Bork,[17] and Randy Barnett,[18] came to the fore. This is dubbed original meaning.

Original meaning

Main article: Original meaning

Justice Oliver Wendell Holmes argued that interpreting what was meant by someone who wrote a law was not trying to “get into his mind” because the issue was “not what this man meant, but what those words would mean in the mouth of a normal speaker of English, using them in the circumstances in which they were used.”[19] This is the essential precept of modern Originalism.

The most robust and widely cited form of originalism, original meaning emphasizes how the text would have been understood by a reasonable person in the historical period during which the constitution was proposed, ratified, and first implemented. For example, economist Thomas Sowell[20] notes that phrases like “due process” and “freedom of the press” had a long established meaning in English law, even before they were put into the Constitution of the United States.” Applying this form involves studying dictionaries and other writings of the time (for example, Blackstone’s Commentaries on the Laws of England; see “Matters rendered moot by originalism”, infra) to establish what particular terms meant. See Methodology, infra).

Justice Scalia, one of the most forceful modern advocates for originalism, defined himself as belonging to the latter category:

The theory of originalism treats a constitution like a statute, and gives it the meaning that its words were understood to bear at the time they were promulgated. You will sometimes hear it described as the theory of original intent. You will never hear me refer to original intent, because as I say I am first of all a textualist, and secondly an originalist. If you are a textualist, you don’t care about the intent, and I don’t care if the framers of the Constitution had some secret meaning in mind when they adopted its words. I take the words as they were promulgated to the people of the United States, and what is the fairly understood meaning of those words.[21]

Though there may be no evidence that the Founding Fathers intended the Constitution to be like a statute, this fact does not matter under Scalia’s approach. Adherence to original meaning is explicitly divorced from the intent of the Founders; rather, the reasons for adhering to original meaning derive from other justifications, such as the argument that the understanding of the ratifiers (the people of the several States at the time of the adoption of the Constitution) should be controlling, as well as consequentialist arguments about original meaning’s positive effect on rule of law.

Perhaps the clearest example to illustrate the importance of the difference between original intent and original understanding is to use the Twenty-seventh Amendment. The Twenty-seventh Amendment was proposed as part of the Bill of Rights in 1791, but failed to be ratified by the required number of states for two centuries, eventually being ratified in 1992. An original intent inquiry might ask what the framers understood the amendment to mean when it was written, though some would argue that it was the intent of the latter-day ratifiers that is important. An original-meaning inquiry would ask what the plain, public meaning of the text was in 1992 when it was eventually ratified.

Semantic originalism

Semantic-originalism is Ronald Dworkin‘s term for the theory that the original meaning of many statutes implies that those statutes prohibit certain acts widely considered not to be prohibited by the statutes at the time of their passages. This type of originalism contrasts with expectations originalism, which adheres to how the statutes functioned at the times of their passages, without any expectation that they would function in any other particular ways.[22]

Justice Antonin Scalia and other originalists often claim that the death penalty is not “cruel and unusual punishment” because at the time of the Eighth Amendment‘s passage, it was a punishment believed to be neither cruel nor unusual. Dworkin and the semantic-originalists assert, however, that if advances in moral philosophy (presuming that such advances are possible) reveal that the death penalty is in fact “cruel and unusual”, then the original meaning of the Eighth Amendment implies that the death penalty is unconstitutional. All the same, Justice Scalia purported to follow semantic originalism, although he conceded that Dworkin does not believe Scalia was true to that calling.[23]

Framework originalism

Framework Originalism is an approach developed by Jack Balkin, a professor of law at Yale Law School. Framework Originalism, or Living Originalism, is a blend of primarily two constitutional interpretive methods: originalism and Living Constitution. Balkin holds that there is no inherent contradiction between these two, aforementioned, interpretive approaches—when properly understood. Framework Originalists view the Constitution as an “initial framework for governance that sets politics in motion.” This “framework” must be built-out or filled-out over time, successive generations, by the various legislative and judicial branches. This process is achieved, primarily, through building political institutions, passing legislation, and creating precedents (both judicial and non-judicial).[24] In effect, the process of building out the Constitution on top of the framework of the original meaning is living constitutionalism, the change of and progress of law over time to address particular (current) issues. The authority of the judiciary and of the political branches to engage in constitutional construction comes from their “joint responsiveness to public opinion” over long stretches of time, while operating within the basic framework of the original meaning. Balkin claims that through mechanisms of social influence, both judges and the political branches inevitably come to reflect and respond to changing social mores, norms, customs and (public) opinions.

According to Framework originalism, interpreters should adhere to the original meaning of the Constitution, but are not necessarily required to follow the original expected application (although they may use it to create doctrines and decide cases). For example, states should extend the equal protection of the laws to all peoples, in cases where it would not originally or normally be applied to. Contemporary interpreters are not bound by how people in 1868 would have applied these words and meanings to issues such as racial segregation or (sexual) discrimination, largely due to the fact the fourteenth amendment is concerned with such issues (as well as the fact that the fourteenth amendment was not proposed or ratified by the founders). When the Constitution uses or applies principles or standards, like “equal protection” or “unreasonable searches and seizures,” further construction is usually required, by either the judiciary, the executive or legislative branch. Therefore, Balkin claims, (pure, unadulterated) originalism is not sufficient to decide a wide range of cases or controversies. Judges, he posits, will have to “engage in considerable constitutional construction as well as the elaboration and application of previous constructions.” For example, originalism (in and of itself), is not sufficient enough to constrain judicial behavior. Constraint itself does not just come from doctrine or canons, it also comes from institutional, political, and cultural sources. These constraints include: multi-member or panel courts (where the balance of power lies with moderate judges); the screening of judges through the federal judicial appointment process; social and cultural influences on the judiciary (which keep judges attuned and attentive to popular opinions and the political will of the people); and prevailing professional legal culture and professional conceptions of the role of the judiciary (which produce social norms or mores). These constraints ensure that judges try to behave; to act as impartial arbiters of the law and to try to behave in a principled manner, as it applies to decision making.

Methodology

In “The Original Meaning of the Recess Appointments Clause”, Prof. Michael B. Rappaport described the methodology associated with the “Original Meaning” form of originalism as follows:

  • “The task is to determine the original meaning of the language … that is, to understand how knowledgeable individuals would have understood this language…when it was drafted and ratified. Interpreters at the time would have examined various factors, including text, purpose, structure, and history.”
  • “The most important factor is the text of the Clause. The modern interpreter should read the language in accord with the meaning it would have had in the late 1780s. Permissible meanings from that time include the ordinary meanings as well as more technical legal meanings words may have had.”
  • “If the language has more than one interpretation, then one would look to purpose, structure, and history to help to clarify the ambiguity. Purpose, structure, and history provide evidence for determining which meaning of the language the authors would have intended.”
    • “The purpose of a Clause involves the objectives or goals that the authors would have sought to accomplish in enacting it. One common and permissible way to discern the purpose is to look to the evident or obvious purpose of a provision. Yet, purpose arguments can be dangerous, because it is easy for interpreters to focus on one purpose to the exclusion of other possible purposes without any strong arguments for doing so.”
    • “Historical evidence can reveal the values that were widely held by the Framers’ generation and that presumably informed their purposes when enacting constitutional provisions. History can also reveal their practices, which when widely accepted would be evidence of their values.”
    • “The structure of the document can also help to determine the purposes of the Framers. The decision to enact one constitutional clause may reveal the values of the Framers and thereby help us understand the purposes underlying a second constitutional clause.”
  • “One additional source of evidence about the meaning of constitutional language is early constitutional interpretations by government officials or prominent commentators. …Such interpretations may provide evidence of the original meaning of the provisions, because early interpreters would have had better knowledge of contemporary word meanings, societal values, and interpretive techniques. Of course, early interpreters may also have had political and other incentives to misconstrue the document that should be considered.” (Id. at 5–7). Historians[who?] of course reject the last point, arguing that discerning original meaning requires access to many different evidence—such as statements from many people—that the people at the time did not have access to. Furthermore, most of the evidence that would clarify the original meaning has been lost—only fragments remain in the form of materials that were written down and happen to survive for hundreds of years[citation needed]. Whenever there is ambiguity there probably is also a paucity of evidence to resolve that ambiguity.

Discussion

Philosophical underpinnings

Originalism, in all its various forms, is predicated on a specific view of what the Constitution is, a view articulated by Chief Justice John Marshall in Marbury v. Madison:

[T]he constitution organizes the government, and assigns to different departments their respective powers. It may either stop here; or establish certain limits not to be transcended by those departments.

The government of the United States is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained?

Originalism assumes that Marbury is correct: the Constitution is the operating charter granted to government by the people, as per the preamble to the United States Constitution, and its written nature introduces a certain discipline into its interpretation. Originalism further assumes that the need for such a written charter was derived from the perception, on the part of the Framers, of the abuses of power under the (unwritten) British Constitution, under which the Constitution was essentially whatever Parliament decided it should be. In writing out a Constitution which explicitly granted the government certain authorities, and withheld from it others, and in which power was balanced between multiple agencies (the Presidency, two chambers of Congress and the Supreme Court at the national level, and State governments of the United States with similar branches), the intention of the Framers was to restrain government, originalists argue, and the value of such a document is nullified if that document’s meaning is not fixed. As one author stated, “If the constitution can mean anything, then the constitution is reduced to meaninglessness.”[25]

Function of constitutional jurisprudence

Dissenting in Romer v. Evans, Justice Antonin Scalia wrote:

Since the Constitution of the United States says nothing about this subject, it is left to be resolved by normal democratic means, including the democratic adoption of provisions in state constitutions. This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected.

This statement summarizes the role for the court envisioned by Originalists, that is, that the Court parses what the general law and constitution says of a particular case or controversy, and when questions arise as to the meaning of a given constitutional provision, that provision should be given the meaning it was understood to mean when ratified. Reviewing Steven D Smith’s book Law’s Quandary, Justice Scalia applied this formulation to some controversial topics routinely brought before the Court:

It troubles Smith, but does not at all trouble me—in fact, it pleases me—that giving the words of the Constitution their normal meaning would “expel from the domain of legal issues … most of the constitutional disputes that capture our attention”, such as “Can a macho military educational institution dedicated to what is euphemistically called the ‘adversative’ method admit only men? Is there a right to abortion? Or to the assistance of a physician in ending one’s life?” If we should read English as English, Smith bemoans, “these questions would seemingly all have received the same answer: ‘No law on that one.'”

That is precisely the answer they should have received: The federal Constitution says nothing on these subjects, which are therefore left to be governed by state law.[26]

In Marbury, Chief Justice Marshall established that the Supreme Court could invalidate laws which violated the Constitution (that is, judicial review), which helped establish the Supreme Court as having its own distinct sphere of influence within the Federal Government. However, this power was itself balanced with the requirement that the Court could only invalidate legislation if it was unconstitutional. Originalists argue that the modern court no longer follows this requirement. They argue that—since U.S. v. Darby, in which Justice Stone (writing for a unanimous Court) ruled that the Tenth Amendment had no legal meaning—the Court has increasingly taken to making rulings[27] in which the Court has determined not what the Constitution says, but rather, the Court has sought to determine what is “morally correct” at this point in the nation’s history, in terms of “the evolving standards of decency” (and considering “the context of international jurisprudence”), and then justified that determination through a “creative reading” of the text. This latter approach is frequently termed “the Living constitution“; Justice Scalia inveighed that “the worst thing about the living constitution is that it will destroy the constitution”.[28]

Matters rendered moot by originalism

Originalists are sharply critical of the use of the evolving standards of decency (a term which first appeared in Trop v. Dulles) and of reference to the opinions of courts in foreign countries (excepting treaties to which the United States is a signatory, per Article II, Section 2, Clause 2 of the United States Constitution) in Constitutional interpretation.

In an originalist interpretation, if the meaning of the Constitution is static, then any ex post facto information (such as the opinions of the American people, American judges, or the judiciaries of any foreign country) is inherently valueless for interpretation of the meaning of the Constitution, and should not form any part of constitutional jurisprudence. The Constitution is thus fixed and has procedures defining how it can be changed.

The exception to the use of foreign law is the English common law, which originalists regard as setting the philosophical stage for the US Constitution and the American common and civil law. Hence, an originalist might cite Blackstone‘s Commentaries to establish the meaning of the term due process as it would have been understood at the time of ratification.

What originalism is not

Originalism is not the theory of original intent

As discussed previously, original intent is only one theory in the Originalist family of theories. Many of the criticisms that are directed at original intent do not apply to other Originalist theories.

Originalism is not conservatism

It is not accurate to say that originalism rejects change or that originalists necessarily oppose the use of “the evolving standards of decency” in determining what the Constitution ought to say; rather, originalism rejects the concept that the courts should consider what the Constitution ought to say but instead rule solely on what it said as understood at the time of its enactment. Originalists argue that the business of determining what the Constitution and the law ought to say is within the purview of the Congress, that changes to the law should come through the legislature, and changes to the constitution should be made per the amendment process outlined in Article V. Sometimes this approach yields results that please conservatives (see, for example, Justice Scalia’s dissents in Roper v. Simmons or Romer), and sometimes it yields results that do not (see, for example, Justice Scalia’s dissents in BMW v. Gore or Hamdi v. Rumsfeld).

Originalism is not always an answer in and of itself

Originalism is a means of constitutional interpretation, not constitutional construction; whenever “to describe [a] case is not to decide it”,[29] it can only serve as a guide for what the Constitution says, not how that text applies to a given case or controversy. Thus, Originalists can reach different results in the same case; see, for example, United States v. Fordice; McIntyre; Hamdi, Gonzales v. Raich; National Cable & Telecommunications Assn. v. Brand X Internet Services. According to an article in The New Republic, although Scalia admits that Thomas “is really the only justice whose basic approach to the law is the same as mine”, the author contends that “during the court’s 2003–2004 term, Scalia and Thomas voted together in only 73 percent of cases, and six other pairs of justices agreed with each other more often than Thomas and Scalia did.”[citation needed]

Pros and cons

Arguments for and against Originalism should be read in conjunction with alternative views and rebuttals, presented in footnotes.

Arguments favoring originalism

  • If a constitution no longer meets the exigencies of a society’s evolving standard of decency, and the people wish to amend or replace the document, there is nothing stopping them from doing so in the manner which was envisioned by the drafters: through the amendment process. The Living Constitution approach would thus only be valuable in the absence of an amendment process.
  • Originalism deters judges from unfettered discretion to inject their personal values into constitutional interpretation. Before one can reject originalism, one must find another criterion for determining the meaning of a provision, lest the “opinion of this Court [rest] so obviously upon nothing however the personal views of its members”.[30] Scalia has averred that “there is no other” criterion to constrain judicial interpretation.[31]
  • Originalism helps ensure predictability and protects against arbitrary changes in the interpretation of a constitution; to reject originalism implicitly repudiates the theoretical underpinning of another theory of stability in the law, stare decisis.
  • If a constitution as interpreted can truly be changed at the decree of a judge, then “[t]he Constitution… is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please,” said Thomas Jefferson. Hence, the purpose of the constitution would be defeated, and there would be no reason to have one.
  • If a constitution is to be interpreted in light of the evolving standards of decency, why, in most democratic countries, should the highest authority of judicial branch (e.g., the Supreme Court in U.S.) be the ones to have the final say over its interpretation? Is not the legislative branch which is elected, thereby more likely to be in touch with the current standards of decency, and therefore better placed to make such judgments? If originalism is wrong, then Marbury v. Madison—which holding underpins judicial review of constitutionality, that is, the meaning of the constitution—was wrongly decided, and two centuries of jurisprudence relying on it is thereby on shaky ground.
  • Sometimes the Ninth Amendment to the United States Constitution is cited as an example by originalism critics to attack Originalism. Self-described originalists have been at least as willing as judges of other schools to give the Ninth Amendment no substantive meaning or to treat it as surplusage duplicative of the Tenth Amendment. Bork described it as a Rorshach blot and claimed that the courts had no power to identify or protect the rights supposedly protected by it. Scalia held similarly: “[T]he Constitution’s refusal to ‘deny or disparage’ other rights is far removed from affirming any one of them, and even afarther removed from authorizing judges to identify what they might be, and to enforce the judges’ list against laws duly enacted by the people.” Troxel v. Granville 530 U.S. 57 (2000) (Scalia, J. Dissenting). Scalia’s interpretation renders the Ninth Amendment entirely unenforcable and moot, which is clearly contrary to its original intent. However, this is a criticism of specific originalists—and a criticism that they are insufficiently originalist—not a criticism of originalism. The theory of originalism as a whole is entirely compatible with the Ninth Amendment. Alternative theories of originalism have been argued by Randy Barnett that give the Ninth Amendment more practical effect than many other schools of legal thought do.
  • Contrary to critics of originalism, originalists do not always agree upon an answer to a constitutional question, nor is there any requirement that they have to. There is room for disagreement as to what original meaning was, and even more as to how that original meaning applies to the situation before the court. But the originalist at least knows what he is looking for: the original meaning of the text. Usually, that is easy to discern and simple to apply. Sometimes there will be disagreement regarding the original meaning; and sometimes there will be disagreement as to how that original meaning applies to new and unforeseen phenomena. How, for example, does the First Amendment of the U.S. constitution guarantee of “the freedom of speech” apply to new technologies that did not exist when the guarantee was codified—to sound trucks, or to government-licensed over-the-air television? In such new fields the Court must follow the trajectory of the First Amendment, so to speak, to determine what it requires, and that enterprise is not entirely cut-and-dried, but requires the exercise of judgment. But the difficulties and uncertainties of determining original meaning and applying it to modern circumstances are negligible compared with the difficulties and uncertainties of the philosophy which says that the constitution changes; that the very act which it once prohibited it now permits, and which it once permitted it now forbids; and that the key to that change is unknown and unknowable. The originalist, if he does not have all the answers, has many of them.[32]
  • If the people come to believe that the constitution is not a text like other texts; if it means, not what it says or what it was understood to mean, but what it should mean, in light of the evolving standards of decency that mark the progress of a maturing society, they will look for qualifications other than impartiality, judgment, and lawyerly acumen in those whom they elect to interpret it. More specifically, they will look for people who agree with them as to what those evolving standards have evolved to; who agree with them as to what the constitution ought to be. If the courts are free to write the constitution anew, they will write it the way the majority wants; the appointment and confirmation process will see to that. This suggests the end of the Bill of Rights, whose meaning will be committed to the very body it was meant to protect against: the majority. By trying to make the constitution do everything that needs doing from age to age, we shall have caused it to do nothing at all.[32]

Arguments opposing originalism

  • If one is then to look at the interpretation (or, meaning), which inheres at the particular time period, the question becomes: why is that reading the essential one?. Or, restated, an essential reading, then, is owing to whom? Is it owing, then, to the meaning derived by the average person at that time? The collective intent of the voters who passed it? Or is it possible that they indeed entrusted the framers with the authority to draft the constitution; i.e., that the intent of the drafters should remain relevant? Originalism faces hermeneutic difficulties in understanding the intentions of the Founding Fathers, who lived 200 years ago (original intent), or the context of the time in which they lived (original meaning). Justice Scalia accepted this problem: “It’s not always easy to figure out what the provision meant when it was adopted…I do not say [originalism] is perfect. I just say it’s better than anything else”.[33]
  • Legal controversy rarely arises over constitutional text with uncontroversial interpretations. How, then, does one determine the original “meaning” of an originally broad and ambiguous phrase? Thus, originalists often conceal their choice between levels of generality or possible alternative meanings as required by the original meaning when there is considerable room for disagreement.
  • It could be argued (as, for example, Justice Breyer has) that constitutions are meant to endure over time, and in order to do so, their interpretation must therefore be more flexible and responsive to changing circumstances than the amendment process.
  • The Ninth Amendment is the exception in that it does establish a rule of constitutional interpretation (“The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people.”). When interpreted using original intent or original meaning, it clearly protects rights which the founders had not thought to list explicitly—this could be interpreted as a direct rebuke to all Textualist or Formalist legal schools including originalism.
  • Originalism allows the dead hand of prior generations to control important contemporary issues to an extraordinary and unnecessary level of detail. While everyone agrees that broad constitutional principles should control, if the question is whether abortion is a fundamental right, why should past centuries-old intentions be controlling? The originalist’s distinction between original meaning and original intention here is unclear due to the difficulty of discussing meaning in terms of specific details that the Constitutional text does not clarify.
  • In writing such a broad phrase such as “cruel and unusual”, it is considered implausible by some that the framers intended for its very specific meaning at that time to be permanently controlling. The purpose of phrases such as “cruel and unusual,” rather, is specifically not to specify which punishments are forbidden, but to create a flexible test that can be applied over future centuries. Stated alternatively, there is no reason to think the framers have a privileged position in making this determination of what is cruel and unusual; while their ban on cruel punishment is binding on us, their understanding of the scope of the concept “cruel” need not be.
  • If applied scrupulously, originalism requires the country either to continually reratify the Constitution in order to retain contemporary standards for tests such as “cruel and unusual punishment” or “unreasonable searches and seizures,” or to change the language to specifically state that these tests shall be administered according to the standards of the society administering the test. Critics of originalism believe that the first approach is too burdensome, while the second is already inherently implied.
  • Originalists often argue that, where a constitution is silent, judges should not read rights into it. Rights implicating abortion, sex and sexual orientation equality, and capital punishment are often thus described as issues that the Constitution does not speak to, and that hence should not be recognized by the judiciary. However, the Ninth Amendment provides that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”. Original intent thus calls for just the opposite of what the text of the Constitution and original intent of the founders arguably affirm, creating an inconsistency in the practice of at least one branch of Originalism. The subsequent Tenth Amendment, detailing non-enumerated rights as the sole property of the states and the people, is often cited as the clarification for this inconsistency and the reason why the federal courts have no say in affirming or denying said rights per the Ninth Amendment. Another example is the centrality of the concept of “Person” to the Constitution and the fact that any claim by originalists such as Bork, Scalia, or Thomas that the Constitution does not speak to human rights and gender equality a fortiori reflects a judicial effort to legislate meaning into the term Person; for example, Justice Scalia’s assertion that women’s equality is entirely up to the political branches[34] ignores the use of the term “Person” rather than “Man” in the Constitution, and the common meaning of the term at the time,[35] and instead interprets the Constitution to say that only heterosexual men and male fetuses are “Persons” thus reading silence into the Constitution on a matter on which it is not silent for the purpose of narrowing the Constitution’s meaning. The device of “originalism” is thus used to replace the original intent, the original meaning, and the text itself with Justice Scalia’s subjective view or desires.

Arguments against some of the proponents of Originalism

  • Critics argue that originalism, as applied by its most prominent proponents, is sometimes pretext (or, at least, the “rules” of originalism are sometimes “bent”) to reach desired ends, no less so than the Living Constitution. For example, Prof. Jack Balkin has averred that neither the original understanding nor the original intent of the 14th Amendment is compatible with the result implicitly reached by the Originalist Justices Thomas and Scalia in their willingness to join Chief Justice Rehnquist’s concurrence in Bush v. Gore, 531 U.S. 98 (2000). Furthermore, while both Scalia and Thomas have objected on originalist grounds to the use of foreign law by the court (see, respectively, Thompson v. Oklahoma, 487 U.S. 815, 868 (1988), and Knight v. Florida, 528 U.S. 990 (1999)), both have allowed it to seep into their opinions at one time or another (see, respectively, McIntyre v. Ohio Elections Committee, 514 U.S. 334, 381 (1995) and Holder v. Hall, 512 U.S. 874, 904 (1994))

See also

https://en.wikipedia.org/wiki/Originalism

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Supreme Court Justice Anthony Scalia Dead At 79: Natural Causes or Foul Play?

Posted on March 6, 2016. Filed under: American History, Articles, Blogroll, Catholic Church, Communications, Congress, Constitution, Corruption, Federal Bureau of Investigation (FBI), Federal Government, Freedom, Friends, government, Heroes, history, Law, liberty, Life, Links, media, Newspapers, People, Philosophy, Photos, Police, Radio, Regulations, Religion, Religious, Religious, Security, Speech, Supreme Court, Television, Vacations, Video, Wealth, Wisdom, Work | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 624: February 15, 2016

Pronk Pops Show 623: February 12, 2016

Pronk Pops Show 622: February 11, 2016

Pronk Pops Show 621: February 10, 2016

Pronk Pops Show 620: February 9, 2016

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Pronk Pops Show 618: February 5, 2016

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Pronk Pops Show 615: February 1, 2016

Pronk Pops Show 614: January 29, 2016

Pronk Pops Show 613: January 28, 2016

Pronk Pops Show 612: January 27, 2016

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Pronk Pops Show 610: January 25, 2016

Pronk Pops Show 609: January 22, 2016

Pronk Pops Show 608: January 21, 2016

Pronk Pops Show 607: January 20, 2016

Pronk Pops Show 606: January 19, 2016

Pronk Pops Show 605: January 15, 2015

Pronk Pops Show 604: January 14, 2016

Pronk Pops Show 603: January 13, 2016

Pronk Pops Show 602: January 12, 2016

Pronk Pops Show 601: January 11, 2015

Pronk Pops Show 600: January 8, 2016

Pronk Pops Show 599: January 6, 2016

Pronk Pops Show 598: January 5, 2016

Pronk Pops Show 597: December 21, 2015

Pronk Pops Show 596: December 18, 2015

Pronk Pops Show 595: December 17, 2015

Pronk Pops Show 594: December 16, 2015

Pronk Pops Show 593: December 15, 2015

Pronk Pops Show 592: December 14, 2015 

Pronk Pops Show 591: December 11, 2015 

Pronk Pops Show 590: December 10, 2015 

Pronk Pops Show 589: December 9, 2015 

Pronk Pops Show 588: December 7, 2015 

Pronk Pops Show 587: December 4, 2015 

Pronk Pops Show 586: December 3, 2015 

Pronk Pops Show 585: December 2, 2015 

Pronk Pops Show 584: December 1, 2015 

Pronk Pops Show 583: November 30, 2015 

Pronk Pops Show 582: November 25, 2015 

Pronk Pops Show 581: November 24, 2015 

Pronk Pops Show 580: November 23, 2015  

Pronk Pops Show 579: November 20, 2015 

Pronk Pops Show 578: November 19, 2015 

Pronk Pops Show 577: November 18, 2015 

Pronk Pops Show 576: November 17, 2015

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Ted Cruz — A Time for Truth: Reigniting The Promise of America — Videos

Posted on August 31, 2015. Filed under: American History, Blogroll, Books, College, Communications, Constitution, Economics, Education, Employment, Federal Government Budget, Fiscal Policy, Food, Foreign Policy, Freedom, Friends, government spending, Health Care, history, Illegal, Immigration, Law, Legal, liberty, Life, Links, Literacy, Love, media, Medicine, Money, Natural Gas, Newspapers, Non-Fiction, Obamacare, Oil, People, Philosophy, Politics, Press, Radio, Religious, Resources, Speech, Strategy, Supreme Court, Talk Radio, Tax Policy, Taxation, Taxes, Television, Unemployment, Video, War, Wealth, Welfare, Wisdom | Tags: , , , , , , , , , , , , , |

cruz-book

Conservative Review – Scorecard

Sen. Ted CruzTEXAS (R)

  • A
  • Liberty Score®

https://www.conservativereview.com/Scorecard

Election 2016 Presidential Polls

Monday, August 31
Race/Topic   (Click to Sort) Poll Results Spread
Iowa Republican Presidential Caucus Monmouth Trump 23, Carson 23, Walker 7, Cruz 9, Fiorina 10, Rubio 4, Bush 5, Huckabee 2, Paul 3, Kasich 4, Christie 1, Jindal 1, Santorum 2, Perry 1, Graham 0 Tie
Sunday, August 30
Race/Topic   (Click to Sort) Poll Results Spread
Iowa Republican Presidential Caucus DM Register Trump 23, Carson 18, Walker 8, Cruz 8, Fiorina 5, Rubio 6, Bush 6, Huckabee 4, Paul 4, Kasich 2, Christie 2, Jindal 2, Santorum 1, Perry 1, Graham 0 Trump +5

Who is Ted Cruz?

Ted Cruz on his New Book ‘A Time for Truth’

Mark Levin interviews Ted Cruz about his book “A Time for Truth: Reigniting the Promise of America”

Constitutionalists Ted Cruz Squares off With Katie Couric Powerful Truth

Ted Cruz demands apology from The New York Times

Ted Cruz president(August 24,2015):Ted Cruz at The FAMiLY Leader Presidential Leaders

Donald Trump: “Perhaps” Ted Cruz is ineligible to be President

Ted Cruz on the Mark Levin Show: This Iran Deal is the Height of Foolishness

A Trump/Cruz Ticket?

Donald Trump calls Iran agreement a ‘disgrace’ | Fox News Republican Debate

Donald Trump Reacts To Pres Obama’s Prelim Nuclear Deal With Iran – Road To 2016 – Hannity

Donald Trump speaks out against Iran deal

Ted Cruz

From Wikipedia, the free encyclopedia
Ted Cruz
Ted Cruz, official portrait, 113th Congress.jpg
United States Senator
from Texas
Assumed office
January 3, 2013
Serving with John Cornyn
Preceded by Kay Bailey Hutchison
Solicitor General of Texas
In office
January 9, 2003 – May 12, 2008
Governor Rick Perry
Preceded by Julie Parsley
Succeeded by James Ho
Personal details
Born Rafael Edward Cruz
December 22, 1970 (age 44)
Calgary, Alberta, Canada
Political party Republican
Spouse(s) Heidi Nelson (m. 2001)
Children 2
Alma mater Princeton University
(A.B., 1992)
Harvard Law School
(J.D., 1995)
Religion Protestantism (Southern Baptist)[1]
Website Senate website
Campaign website

Rafael EdwardTedCruz[2] (born December 22, 1970) is the junior United States Senator from Texas. A Republican, Cruz was elected senator in 2012 and is the first Hispanic or Cuban American to serve as a U.S. Senator representing Texas.[3][1][4] He is the chairman of the subcommittee on the Oversight, Agency Action, Federal Rights and Federal Courts, U.S. Senate Judiciary Committee.[5] He is also the chairman of the United States Senate Commerce Subcommittee on Space, Science and Competitiveness, U.S. Senate Commerce Committee. On March 23, 2015, Cruz announced during a rally at Liberty University he would run for the Republican Party nomination in the 2016 U.S. Presidential election.

Between 1999 and 2003, Cruz was the director of the Office of Policy Planning at the Federal Trade Commission, an associate deputy attorney general at the United States Department of Justice, and domestic policy advisor to U.S. President George W. Bush on the 2000 Bush-Cheney campaign. He served as Solicitor General of Texas from 2003 to May 2008, after being appointed by Texas Attorney General Greg Abbott.[6] He was the first Hispanic,[4][7] the youngest[4][8] and the longest-serving solicitor general in Texas history.[9] Cruz was also an adjunct professor of law at the University of Texas School of Law in Austin, from 2004 to 2009.[10][11]While there, he taught U.S. Supreme Court litigation.[10] Cruz is one of three Senators of Cuban descent.[12]

Cruz was the Republican nominee for the Senate seat vacated by fellow Republican Kay Bailey Hutchison.[13] On July 31, 2012, he defeated Lieutenant Governor David Dewhurst in the Republican primary runoff, 57%–43%.[14] Cruz defeated former state Representative Paul Sadler in the general election on November 6, 2012. He prevailed 56%–41% over Sadler.[14][15] Cruz openly identifies with the Tea Party movement and has been endorsed by the Republican Liberty Caucus.[16] On November 14, 2012, Cruz was appointed vice-chairman of the National Republican Senatorial Committee.[17]

Early life and ancestry

Cruz was born on December 22, 1970,[6][15] in Calgary, Alberta, to parents Eleanor Elizabeth Darragh Wilson and Rafael Bienvenido Cruz.[18][19][20]At the time of his birth, Cruz’ parents were working in the oil business as owners of a seismic-data processing firm for oil drilling.[21][19][22][23][19][24]

Cruz’s father was born in Cuba, and two of Ted’s paternal great-grandparents were from the Canary Islands in Spain. Cruz’s mother was born in Wilmington, Delaware, of three quarter Irish and one quarter Italian ancestry.[25][26] His father left Cuba in 1957 to attend the University of Texas at Austin, becoming a naturalized U.S. citizen in 2005.[19][27][28][29] His mother earned an undergraduate degree in mathematics from Rice University in the 1950s.[30]

On his father’s side, Cruz had two older half-sisters, Miriam and Roxana Cruz.[31] On his mother’s side Cruz had a half-brother, Michael Wilson (1960 – 1965), who died before he was born.[31] Cruz learned of the deceased sibling from his mother during his teenage years.[31]

Education

Cruz attended high school at Faith West Academy in Katy, Texas,[32] and later graduated from Second Baptist High School in Houston as valedictorian in 1988.[27][33][34] During high school, Cruz participated in a Houston-based group called the Free Market Education Foundation where he learned about free-market economic philosophers such as Milton Friedman, Friedrich Hayek, Frédéric Bastiat and Ludwig von Mises.[35] The program was run by Rolland Storey and Cruz entered the program at the age of 13.[24] At the same time, he changed his nickname from “Felito” to “Ted” after being teased about it by his peers.[36] Cruz was involved in theater during high school, though chose not to pursue an acting career. He would later say that he did not think he had the talent to succeed. Cruz came to regret not serving in the military, as he respected it “immensely.”[37]

Cruz graduated cum laude from Princeton University with a Bachelor of Arts in Public Policy[38] from the Woodrow Wilson School of Public and International Affairs in 1992.[4][6] While at Princeton, he competed for the American Whig-Cliosophic Society‘s Debate Paneland won the top speaker award at both the 1992 U.S. National Debating Championship and the 1992 North American Debating Championship.[39] In 1992, he was named U.S. National Speaker of the Year, as well as Team of the Year, with his debate partner, David Panton.[39] Cruz and Panton represented Harvard Law School at the 1995 World Debating Championship, making it to the semi-finals, where they lost to a team from Australia.[40][41][42] Princeton’s debate team later named their annual novice championship after Cruz.[42]

Cruz’s senior thesis on the separation of powers, titled “Clipping the Wings of Angels,” draws its inspiration from a passage attributed to President James Madison: “If angels were to govern men, neither external nor internal controls on government would be necessary.” Cruz argued that the drafters of the Constitution intended to protect the rights of their constituents, and that the last two items in the Bill of Rights offer an explicit stop against an all-powerful state. Cruz wrote: “They simply do so from different directions. The Tenth stops new powers, and the Ninth fortifies all other rights, or non-powers.”[30][43]

After graduating from Princeton, Cruz attended Harvard Law School, graduating magna cum laude in 1995 with a Juris Doctor degree.[6][44] While at Harvard Law, he was a primary editor of the Harvard Law Review, and executive editor of the Harvard Journal of Law and Public Policy, and a founding editor of the Harvard Latino Law Review.[4] Referring to Cruz’s time as a student at Harvard Law, Professor Alan Dershowitz said, “Cruz was off-the-charts brilliant.”[45][46] At Harvard Law, Cruz was a John M. Olin Fellow in Law and Economics.[10]

Cruz currently serves on the Board of Advisors of the Texas Review of Law and Politics.[10][47]

Legal career

Clerkships

Ted Cruz speaking in Nashua, New Hampshire.

Cruz served as a law clerk to J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit in 1995[7][10] and William Rehnquist, Chief Justice of the United States in 1996.[6] Cruz was the first Hispanic to clerk for a Chief Justice of the United States.[48]

Private practice

After Cruz finished his clerkships, he took a position with Cooper, Carvin & Rosenthal, now known as Cooper & Kirk, LLC, from 1997 to 1998.[49] While with the firm, Cruz worked on matters relating to the National Rifle Association, and helped prepare testimony for the impeachment proceedings against President Clinton.[50] Cruz also served as private counsel for Congressman John Boehner during Boehner’s lawsuit against Congressman Jim McDermott for releasing a tape recording of a Boehner telephone conversation.[51]

Bush Administration

Cruz joined the George W. Bush presidential campaign in 1999 as a domestic policy adviser, advising then-Governor George W. Bush on a wide range of policy and legal matters, including civil justice, criminal justice, constitutional law, immigration, and government reform.[49]

Cruz assisted in assembling the Bush legal team, devising strategy, and drafting pleadings for filing with the Supreme Court of Florida and U.S. Supreme Court, the specific case being Bush v. Gore, during the 2000 Florida presidential recounts, leading to two successful decisions for the Bush team.[10][52] Cruz recruited future Chief Justice John Roberts and noted attorney Mike Carvin to the Bush legal team.[50]

After President Bush took office, Cruz served as an associate deputy attorney general in the U.S. Justice Department[6][52] and as the director of policy planning at the U.S. Federal Trade Commission.[6][45][52]

Texas Solicitor General

Appointed to the office of Solicitor General of Texas by Texas Attorney General Greg Abbott,[7][53] Cruz served in that position from 2003 to 2008.[10][35] The office had been established in 1999 to handle appeals involving the state, but Abbott hired Cruz with the idea that Cruz would take a “leadership role in the United States in articulating a vision of strict construction.” As Solicitor General, Cruz argued before the Supreme Court nine times, winning five cases and losing four.[50]

Cruz has authored 70 United States Supreme Court briefs and presented 43 oral arguments, including nine before the United States Supreme Court.[7][45][54] Cruz’s record of having argued before the Supreme Court nine times is more than any practicing lawyer in Texas or any current member of Congress.[55] Cruz has commented on his nine cases in front of the U.S. Supreme Court: “We ended up year after year arguing some of the biggest cases in the country. There was a degree of serendipity in that, but there was also a concerted effort to seek out and lead conservative fights.”[55]

In 2003, while Cruz was Texas solicitor general, the Texas Attorney General’s office declined to defend Texas’ sodomy law in Lawrence v. Texas, where the U.S. Supreme Court decided that state laws banning homosexual sex as illegal sodomy were unconstitutional.[56]

In the landmark case of District of Columbia v. Heller, Cruz drafted the amicus brief signed by the attorneys general of 31 states, which said that the D.C. handgun ban should be struck down as infringing upon the Second Amendment right to keep and bear arms.[54][57] Cruz also presented oral argument for the amici states in the companion case to Heller before the United States Court of Appeals for the District of Columbia Circuit.[54][58]

Cruz at the Values Voter Summit in Washington, DC., 2011

In addition to his success in Heller, Cruz successfully defended the constitutionality of the Ten Commandments monument on the Texas State Capitol grounds before the Fifth Circuit and the U.S. Supreme Court, winning 5–4 inVan Orden v. Perry.[10][45][54]

In 2004, Cruz was involved in the high-profile case, Elk Grove Unified School District v. Newdow,[10][45] in which he wrote a U.S. Supreme Court brief on behalf of all 50 states.[59] The Supreme Court upheld the position of Cruz’s brief.

Cruz served as lead counsel for the state and successfully defended the multiple litigation challenges to the 2003 Texas congressional redistricting plan in state and federal district courts and before the U.S. Supreme Court, which was decided 5–4 in his favor in League of United Latin American Citizens v. Perry.[10][60]

Cruz also successfully defended, in Medellin v. Texas, the State of Texas against an attempt to re-open the cases of 51 Mexican nationals, all of whom were convicted of murder in the United States and were on death row.[7][10][45][54] With the support of the George W. Bush Administration, the petitioners argued that the United States had violated the Vienna Convention on Consular Relations by failing to notify the convicted nationals of their opportunity to receive legal aid from the Mexican consulate.[50][61] They based their case on a decision of the International Court of Justice in the Avena case which ruled that by failing to allow access to the Mexican consulate, the US had breached its obligations under the Convention.[62] Texas won the case in a 6–3 decision, the Supreme Court holding that ICJ decisions were not binding in domestic law and that the President had no power to enforce them.[50][61]

Cruz has been named by American Lawyer magazine as one of the 50 Best Litigators under 45 in America,[53][63] by The National Law Journal as one of the 50 Most Influential Minority Lawyers in America,[64][65] and by Texas Lawyer as one of the 25 Greatest Texas Lawyers of the Past Quarter Century.[66][67]

Private practic

After leaving the Solicitor General position in 2008, Cruz worked in a private law firm in Houston, Morgan, Lewis & Bockius LLP, often representing corporate clients, until he was sworn in as U.S. Senator from Texas in 2013.[10][30][68] At Morgan Lewis, he led the firm’s U.S. Supreme Court and national appellate litigation practice.[68] In 2009 and 2010, he formed and then abandoned a bid for state attorney general when the incumbent Attorney General Greg Abbott, who hired Cruz as Solicitor General, decided to run for re-election.[27]

U.S. Senate

2012 election

Cruz speaking to the Values Voters Summit in October 2011

Cruz’s victory in the Republican primary was described by the Washington Post as “the biggest upset of 2012 . . . a true grassroots victory against very long odds.”[69] On January 19, 2011, after U.S. Senator Kay Bailey Hutchison said she would not seek reelection, Cruz announced his candidacy via a blogger conference call.[13] In the Republican senatorial primary, Cruz ran against sitting Lieutenant Governor David Dewhurst. Cruz was endorsed first by former Alaska Governor Sarah Palin[70] and then by the Club for Growth, a fiscally conservative political action committee;[71] Erick Erickson, editor of prominent conservative blog RedState;[72] theFreedomWorks for America super PAC;[73] nationally syndicated radio host Mark Levin;[74] former Attorney General Edwin Meese;[52] Tea Party Express;[75] Young Conservatives of Texas;[76] and U.S. Senators Tom Coburn,[77]Jim DeMint,[78] Mike Lee,[79] Rand Paul[80] and Pat Toomey.[81] He was also endorsed by former Texas Congressman Ron Paul,[82] George P. Bush,[52] and former U.S. Senator from Pennsylvania Rick Santorum.[83]

Cruz won the runoff for the Republican nomination with a 14-point margin over Dewhurst.[84] Cruz defeated Dewhurst despite being outspent by Dewhurst who held a statewide elected office.[85] Dewhurst spent $19 million and Cruz only spent $7 million.[85] Dewhurst raised over $30 million and outspent Cruz at a ratio of nearly 3-to-1.[86]

In the November 6 general election, Cruz faced Democrat Paul Sadler, an attorney and a former state representative from Henderson, in east Texas. Cruz won with 4.5 million votes (56.4%) to Sadler’s 3.2 million (40.6%). Two minor candidates garnered the remaining 3% of the vote.[14] According to a poll by Cruz’s pollster Wilson Perkins Allen Opinion Research, Cruz received 40% of the Hispanic vote, vs. 60% for Sandler, outperforming Republican Presidential candidate Mitt Romney with the Hispanic vote by 6 points.[87][88]

After Time magazine reported on a potential violation of ethics rules by failing to publicly disclose his financial relationship with Caribbean Equity Partners Investment Holdings during the 2012 campaign, Cruz called his failure to disclose these connections an inadvertent omission.[89]

Legislation

Cruz giving a speech to the Montgomery County Republican Party meeting held in Conroe, Texas, on August 19, 2013

Cruz has sponsored 25 bills of his own, including:[90]

  • S.177, a bill to repeal the Patient Protection and Affordable Care Act and the health-care related provisions of the Health Care and Education Reconciliation Act of 2010, introduced January 29, 2013
  • S.505, a bill to prohibit the use of drones to kill citizens of the United States within the United States, introduced March 7, 2013
  • S.729 and S. 730, bills to investigate and prosecute felons and fugitives who illegally purchase firearms, and to prevent criminals from obtaining firearms through straw purchases and trafficking, introduced March 15, 2013
  • S.1336, a bill to permit States to require proof of citizenship for registering to vote in federal elections, introduced July 17, 2013
  • S.2170, a bill to increase coal, natural gas, and crude oil exports, to approve the construction of the Keystone XL Pipeline, to expand oil drilling offshore, onshore, in the National Petroleum Reserve–Alaska, and in Indian reservations, to give states the sole power of regulating hydraulic fracturing, to repeal the Renewable Fuel Standard, to prohibit the Environmental Protection Agency (EPA) from regulating greenhouse gases, to require the EPA to assess how new regulations will affect employment, and to earmark natural resource revenue to paying off the federal government’s debt, introduced March 27, 2014
  • S.2415, a bill to amend the Federal Election Campaign Act of 1971 to eliminate all limits on direct campaign contributions to candidates for public office, introduced June 3, 2014

Senate bill 2195

Main article: Public Law 113-100

On April 1, 2014, Cruz introduced Senate bill 2195, a bill that would allow the President of the United States to deny visas to any ambassador to the United Nations who has been found to have been engaged in espionage activities or a terrorist activity against the United States or its allies and may pose a threat to U.S. national security interests.[91] The bill was written in response to Iran‘s choice of Hamid Aboutalebi as their ambassador.[92] Aboutalebi was involved in the Iran hostage crisis, in which of a number of American diplomats from the US embassy in Tehran were held captive in 1979.[92][93][94]

Under the headline “A bipartisan message to Iran”, Cruz thanked President Barack Obama for signing S 2195 into law. The letter, published in the magazine Politico on April 18, 2014, starts with “Thanks to President Obama for joining a unanimous Congress and signing S 2195 into law”. Cruz also thanked senators from both political parties for “swiftly passing this legislation and sending it to the White House.”[95][96][97]

Committee assignments

According to transcripts as reported by Politico, in his first two years in the Senate, Cruz attended 17 of 50 public Armed Services Committee hearings, 3 of 25 Commerce Committee hearings, 4 of the 12 Judiciary Committee hearings, and missed 21 of 135 roll call votes during the first three months of 2015.[98]

Political positions

Climate change

In January 2015, Cruz voted in the U.S. Senate that global warming is real, but not man-made, rejecting an amendment stating that human activity significantly contributes to climate change.[99]

In a March 2015 Texas Tribune interview, Cruz questioned the credibility of environmental advocates concerned about the issue of global warming by saying, “On the global warming alarmists, anyone who actually points to the evidence that disproves their apocalyptical claims, they don’t engage in reasoned debate. What do they do? They scream, ‘You’re a denier.’ They brand you a heretic. Today, the global warming alarmists are the equivalent of the flat-earthers”.[100]

Cruz has stated that satellite data shows no global warming in the past 17 years, based on a range of data that the Intergovernmental Panel on Climate Change views as indicative of a short term trend (1998 was a particularly warm year), to deny the longer term warming trend of 360 consecutive months above the 20th century average.[101][102][103][104]

Economy

Since being elected, Cruz has characterized the economic policies of the Obama Administration as being misguided.[105] Chiding the GOP over its 2012 electoral losses, he stated that “Republicans are and should be the party of the 47 percent”[106] and has also noted that the words “growth and opportunity” ought to be tattooed on every Republican’s hand.[107]

In February 2014, Cruz opposed an unconditional increase in the debt limit.[108] He said that Republican politicians feared the truth and “they wanted to be able to tell what they view as their foolish, gullible constituents back home they didn’t do it.”[109]

Education

Cruz is a proponent of school choice.[110]

Energy policy

At a Heritage Foundation policy summit in February 2014, Cruz said that energy policy should be a key issue, stating “As much as we need to approve the Keystone pipeline, we need to think far broader than that.”[111] He pushed legislation to lift the 1970 ban on crude oil exports, and abolish the ethanol mandate.[112] Cruz received more than US$1 million in campaign donations from the oil and gas industry since 2011.[112]

Cruz was an original co-sponsor of the Keystone XL Pipeline Act, Senate Bill 1 of the 114th Congress,[113] and on January 29, 2015, voted for its passage.[114] It passed the Senate 62-36, the goal of the bill was to approve the construction of the transnational pipeline.[115] Cruz wants Congress to approve the exportation of U.S. natural gas to World Trade Organization countries.[116][117]

Environmental protection

Cruz advocates for “volunteer conservation”, and criticized efforts by the federal government’s Environmental Protection Agency to expand regulatory oversight on water use by attempting “to turn irrigation ditches into lakes and rivers and oceans”.[118]

Foreign affairs

Cruz speaking at the May 2015 Citizens United Freedom Summit

On foreign policy, Cruz has said that he is “somewhere in between” Rand Paul‘s “basically … isolationist” position and John McCain‘s active interventionism.[119]

In April 2015, Cruz filed an amendment to a bill introduced by Tennessee Senator Bob Corker, the Iran Nuclear Agreement Review Act of 2015, which would require affirmative Congressional approval of any Iranian nuclear dealbefore sanctions relief can occur.[120]

In 2004, Cruz criticized Democratic Presidential candidate John Kerry for being “against defending American values, against standing up to our enemies, and, in effect, for appeasing totalitarian despots.”[121] Cruz helped defeat efforts to ratify the Convention on the Rights of Persons with Disabilities, arguing that the treaty infringed on US sovereignty.[50]

In 2013, Cruz stated that America had no “dog in the fight” during the Syrian civil war and stated that America’s armed forces should not serve as “al-Qaeda‘s air force”.[122] In 2014, Cruz criticized the Obama administration: “The president’s foreign policy team utterly missed the threat of ISIS, indeed, was working to arm Syrian rebels that were fighting side by side with ISIS”, calling ISIS “the face of evil”.[123] Cruz has called for bombing ISIS, but is doubtful that the United States “can tell the good guys from the bad guys” in a plan to arm “moderate” rebels, and the plan to defeat ISIS should not be “laden with impractical contingencies, such as resolving the Syrian civil war.”[124]

In 2014, Cruz spoke at an event held by the group In Defense of Christians (IDC). He was booed by the group after making statements considered pro-Israel. Cruz left the stage after telling the audience, “Those who hate Israel hate America. Those who hate Jews hate Christians. If those in this room will not recognize that, then my heart weeps. If you hate the Jewish people you are not reflecting the teachings of Christ. And the very same people who persecute and murder Christians right now, who crucify Christians, who behead children, are the very same people who target Jews for their faith, for the same reason”.[125] Some commentators believe there is a divide in the conservative movement between those who sided with Cruz and Israel, and those who sided with Middle Eastern Christians and some arguing that Cruz’s comments were out-of-bounds.[126] Others who criticized Cruz included Mollie Hemingwayand Ross Douthat.[127] Cruz apologized for questioning the motives of his critics and said that all should be united in speaking out against persecution of religious minorities.[128]

Gun rights

Cruz is a gun-rights supporter.[129] On March 25, 2013, an announcement was made by Cruz and U.S. Senators Rand Paul and Mike Lee threatening to filibuster any legislation that would entail gun control, such as the Manchin-Toomey Amendment, which would require additional background checks on sales at gun shows.[130] On April 17, 2013, Cruz voted against the Manchin-Toomey Amendment.[131] Republicans successfully filibustered the amendment by a vote of 54–46, as 60 votes were needed for cloture.[132]

In April 2015, Cruz stated “what I have been pressing is the Armed Services Committee” to hold hearings on whether service members should be allowed to carry concealed firearms on military bases.[133] He believes that service members should be better equipped to protect themselves from incidents like the Navy Yard and Fort Hood mass shootings.[133] He further added, “I think it’s very important to have a public discussion about why we’re denying our soldiers the ability to exercise their Second Amendment rights“.[133]

Health care

Cruz is a strong critic of the Patient Protection and Affordable Care Act, which he usually refers to as “Obamacare”. He has sponsored legislation that would repeal the health care reform law and its amendments in the Health Care and Education Reconciliation Act of 2010.

After the launch of the HealthCare.gov website, with which there were significant implementation problems,[134] Cruz stated, “Obamacare is a disaster. You have the well-publicized problems with the website. It just isn’t working.”[134] He called for Health and Human Services Secretary Kathleen Sebelius to resign.[134]

In 2014, some claim Cruz unintentionally gave majority leader Harry Reid the procedural opening he needed to allow a Senate vote to confirm Vivek Murthy, who had raised concerns about the health effects of gun ownership, to be United States Surgeon General,[135] though it has been reported Reid intended to push through the remaining confirmations of President Obama’s nominees regardless.[136]

In the summer of 2013, Cruz started a “nationwide tour” sponsored by The Heritage Foundation to promote a congressional effort to defund the Patient Protection and Affordable Care Act, arguing that Republicans should unite in upcoming Continuing Resolution negotiations to defund Obamacare and with regard to a potential government shutdown Cruz downplayed worries of the political risk to Republicans by citing the results of the 1996 midterm elections.[137][138]

On September 24, 2013, Cruz began a speech on the floor of the Senate regarding the Affordable Care Act relative to a continuing resolution designed to fund the government and avert a government shutdown.[139][140] Cruz promised to keep speaking until he was “no longer able to stand”.[141] Cruz yielded the floor at noon the following day for the start of the proceeding legislative session after twenty-one hours nineteen minutes.[142] His speech was the fourth-longest in United States Senate history.[143] Following Cruz’s speech, the Senate voted 100–0 regarding a “procedural hurdle toward passing a stopgap funding bill to avert a government shutdown”.[144] Cruz was joined by 18 Republican senators in his effort to prevent stripping out a clause that would have defunded the Affordable Care Act by voting against the cloture motion, leaving the effort 21 votes short of the required number to deny cloture.[145]

Cruz is cited in the press as having been a major force behind the U.S. government shutdown in 2013.[146][147] Cruz delivered a message on October 11, 2013 to fellow Republicans against accepting Obamacare and, describing it as a “train wreck”, claimed the American people remain “energized” around the goal of gutting the law.[148] Cruz stated Obamacare is causing “enormous harm” to the economy.[148] Republican strategist Mike Murphy stated: “Cruz is trying to start a wave of Salem witch trials in the G.O.P. on the shutdown and Obamacare, and that fear is impacting some people’s calculations on 2016.”[147] Cruz said that he “didn’t threaten to shut down the government” and blamed the shutdown on President Barack Obama and Senate Majority Leader Harry M. Reid.[149]

The Houston Chronicle, which had endorsed Cruz in the general election, regretted that he had not lived up to the standard set by the previous U.S. Senator from Texas, Kay Bailey Hutchison.[150][151] After a deal was made to end the shutdown and extend the debt-ceiling deadline, Senate Republican leader Mitch McConnell called Cruz’s actions “not a smart play” and a “tactical error”,[152] and Cruz stated: “I would do anything, and I will continue to do anything I can, to stop the train wreck that is Obamacare. The test that matters… is are we doing anything for all the people that are getting hurt from Obamacare?”[153] In March 2015, Cruz announced his wife would be taking an unpaid leave of absence and would no longer have access to health insurance through her employer, so they purchased private insurance rather than enter the health care exchange.[154]

Internet regulation

Cruz opposes net neutrality arguing that the Internet economy has flourished in the United States simply because it has remained largely free from government regulation.[155] He believes regulating the Internet will stifle online innovation and create monopolies.[156]He has expressed support for stripping the Federal Communications Commission (FCC) of its power under Section 706 of the Telecommunications Act of 1996,[155] and opposes reclassifying internet service providers as common carriers under Title II of theCommunications Act of 1934.[157]

Minimum wage

In 2015, Cruz opposed President Obama’s plan to raise the federal minimum wage to $10.10 per hour, stating that he believes it would cause large scale job loss.[158] When discussing whether or not to have a minimum wage in general, Cruz stated “I think the minimum wage consistently hurts the most vulnerable.”[158]

National Security Agency

Cruz has raised concerns that the National Security Agency has not been effective in its surveillance of potential terrorists while intruding needlessly into the lives of ordinary Americans.[159]

Social issues

Cruz is pro-life. The only exception to his pro-life views is “when a pregnancy endangers the mother’s life”.[160][161]

Cruz supports legally defined marriage as only “between one man and one woman,”[162] but believes that the legality of same-sex marriage should be left to each state to decide.[163] On February 10, 2015, Cruz re-introduced the State Marriage Defense Act.[164]Cruz opposes participation in gay pride marches, criticizing Dallas’ Republican mayor Tom Leppert, stating “When a mayor of a city chooses twice to march in a parade celebrating gay pride that’s a statement and it’s not a statement I agree with.”[165] He voted against reauthorizing the Violence Against Women Act, which included provisions to extend protection to lesbians, gays, immigrants, and Native Americans.[165] In a speech in Waukee, Iowa, Cruz said that “[t]here is a liberal fascism that is dedicated to going after believing Christians who follow the biblical teaching on marriage.”[166]

Cruz opposes the legalization of marijuana, but believes it should be decided at the state level.[167]

Taxes

Cruz advocates the abolition of the IRS, and implementing a flat tax “where the average American can fill out taxes on a postcard”.[168] He opposes the Marketplace Fairness Act, saying that it imposes a burdensome tax that will hurt competition by creating additional costs for internet-based businesses.[169]

Water

Cruz voted against the Water Resources Development Act of 2013, that would have created the National Endowment for the Oceans and authorize more than $26 billion in projects to be built by the Army Corps of Engineers, at least $16 billion of which would have come from federal taxpayers.[170][171] Cruz voted against the bill because it neglected “to reduce a substantial backlog of projects, to the detriment of projects with national implications, such as the Sabine-Neches Waterway“.[172] Cruz stated that the Corps’ responsibilities were expanded without providing adequate measures for state participation.[172] Proponents of the bill argued that it would provide steady funding to support research and restoration projects, funded primarily by dedicating 12.5% of revenues from offshore energy development, including oil, gas, and renewable energy, through offshore lease sales and production based royalty payments, distributed through a competitive grant program.[173]

Presidential campaign

Senator Cruz speaking at the 2014 Conservative Political Action Conference (CPAC) in National Harbor, Maryland.

Commentators have expressed their opinion that Cruz would run for President in 2016.[174][175][176] On March 14, 2013, Cruz gave the keynote speech at the 2013 Conservative Political Action Conference in Washington DC.[177] He came in tied for 7th place in the 2013 CPAC straw poll on March 16, winning 4% of the votes cast.[178] In October 2013, Cruz won the Values Voter Summit Presidential straw poll with 42% of the vote.[179] Cruz came in first place in the two most recent Presidential straw polls conducted in 2014 with 30.33% of the vote at the Republican Leadership Conference[180] and 43% of the vote at the Republican Party of Texas state convention.[181]

Cruz did speaking events in the summer of 2013 across Iowa, New Hampshire and South Carolina, early primary states, leading to speculation that he was laying the groundwork for a run for President in 2016.[182] Legal analyst Jeffrey Toobin describes Cruz as the first potential Presidential candidate to emphasize originalism as a major national issue.[50]

Since Cruz was born in Canada, commentators for the Austin American-Statesman[183] and the Los Angeles Times,[184] have speculated about Cruz’s legal status as a natural-born citizen. Because he was a U.S. citizen at birth (his mother was a U.S. citizen who lived in the U.S. for more than 10 years as outlined by the Nationality Act of 1940), most commentators believe Cruz is eligible to serve as President of the United States.[18][185][186][187]Despite many legal experts opinions to the contrary, conservative legal activist Larry Klayman, Orly Taitz, one of the leading proponents of the “birther” movement during Obama’s presidency, Joseph Farah of World Net Daily, and Donald Trump, have stated that Cruz is not a natural born citizen and thus not eligible to run for president.[188]

On April 12, 2014, Cruz spoke at the Freedom Summit, an event organized by Americans for Prosperity, and Citizens United.[189] The event was attended by several potential presidential candidates.[190] In his speech, Cruz mentioned that Latinos, young people and single mothers, are the people most affected by the recession, and that the Republican Party should make outreach efforts to these constituents. He also said that the words “growth and opportunity” should be tattooed on the hands of every Republican politician.[189]

On March 23, 2015, Cruz announced on his Twitter page: “I’m running for President and I hope to earn your support!”[191] He was the first announced major Republican presidential candidate for the 2016 campaign.[192][193]

HarperCollins published Cruz’s book A Time for Truth: Reigniting the Promise of America on June 30, 2015.[194] The book reached the bestseller list of several organizations in its first week of release.[195][196]

Personal life

Cruz with his wife Heidi at a rally in Houston, March 2015

Cruz married Heidi Nelson in 2001.[197] The couple has two daughters:[198] Caroline (born 2008) and Catherine (born 2011). Cruz met his wife while working on the George W. Bush presidential campaign of 2000. She is currently taking leave from her position as head of the Southwest Region in the Investment Management Division of Goldman, Sachs & Co. and previously worked in the White House for Condoleezza Rice and in New York as an investment banker.[199]

Cruz has said, “I’m Cuban, Irish, and Italian, and yet somehow I ended up Southern Baptist.”[1]

When he was a child, Cruz’s mother told him that she would have to make an affirmative act to claim Canadian citizenship for him, so his family assumed that he did not hold Canadian citizenship.[200] In August 2013, after the Dallas Morning News pointed out that Cruz had dual Canadian-American citizenship,[187] he applied to formally renounce his Canadian citizenship and ceased being a citizen of Canada on May 14, 2014.[200][201]

Accolades

Rick Manning of Americans for Limited Government in The Hill, on December 27, 2013, named Cruz “2013 Person of the Year.”[202] Manning stated that “of course, Cruz made his biggest mark when he and fellow freshman Sen. Mike Lee (R-Utah) led a last-ditch national grassroots effort to defund ObamaCare before the law went into effect fully. Imagine how many Senate Democrats wish right now that they had heeded Cruz’s entreaties and agreed to delaying or defunding it for one year. Now, they are stuck with the law and all its consequences.”[202]

Cruz was also named “2013 Man of the Year” by TheBlaze,[203] FrontPage Magazine[204] and The American Spectator,[205] “2013 Conservative of the Year” by Townhall.com,[206] “2013 Statesman of the Year” by the Republican Party ofSarasota County, Florida[207][208] and was a finalist in both “2013 Texan of the Year” by The Dallas Morning News[209] and a “2013 Person of the Year” finalist by Time.[210]

Electoral history

2012 Republican primary
Republican primary results, May 29, 2012[14]
Party Candidate Votes %
Republican David Dewhurst 624,170 44.6
Republican Ted Cruz 479,079 34.2
Republican Tom Leppert 186,675 13.3
Republican Craig James 50,211 3.6
Republican Glenn Addison 22,888 1.6
Republican Lela Pittenger 18,028 1.3
Republican Ben Gambini 7,193 0.5
Republican Curt Cleaver 6,649 0.5
Republican Joe Argis 4,558 0.3
Total votes 1,399,451 100
2012 Republican primary runoff
Republican runoff results, July 31, 2012[14]
Party Candidate Votes %
Republican Ted Cruz 631,316 56.8
Republican David Dewhurst 480,165 43.2
Total votes 1,111,481 100
2012 General Election
General Election, November 6, 2012[14]
Party Candidate Votes %
Republican Ted Cruz 4,469,843 56.45
Democratic Paul Sadler 3,194,927 40.62
Libertarian John Jay Myers 162,354 2.06
Green David Collins 67,404 0.85
Total votes 7,864,822 100

See also

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Story 1: Planned Parenthood’s Evil of Killing, Butchering and Selling Baby Parts Regrets Their Tone Not Their Actions– Reminds Me of The Nazis (National Socialist German Workers’ Party) Discussing The Final Solution for The Jewish Question — The Killing of Babies Supported By Barack Obama, Democratic Party, Progressives and Ruling Political Elites — Stop Killing Babies And Lying To The American People — Videos

He that is kind is free, though he is a slave; he that is evil is a slave, though he be a king.

~Saint Augustine

The only thing necessary for the triumph of evil is for good men to do nothing.

~Edmund Burke

There are a thousand hacking at the branches of evil to one who is striking at the root.

~Henry David Thoreau

The resolution to avoid an evil is seldom framed till the evil is so far advanced as to make avoidance impossible.

~Thomas Hardy
The Holocaust was the most evil crime ever committed.
~Stephen Ambrose

The sad truth is that most evil is done by people who never make up their minds to be good or evil.”

~Hannah Arendt

martin luther kingNUMBER-ONE-KILLER-2013-FBgenocide-blackspp-screens-centers-1Abortion Graph Planned Parenthood Total Per Yearstatsreabortiontotals

Planned Parenthood: Cecile Richards’ Official Video Response

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Senator Lankford Speaks about the Planned Parenthood Video on the Senate Floor

Planned Parenthood Uses Partial-Birth Abortions to Sell Baby Parts

What So-Called Pro-Choicers Cannot Watch From Start To Finish

The Silent Scream (Full Length)

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Planned Parenthood head apologizes for ‘tone’ of doctor in covert video

The president of Planned Parenthood Federation of America on Thursday apologized for remarks captured on video that show Deborah Nucatola, an executive of the organization, casually discussing abortion techniques aimed at preserving the internal organs of fetuses for use in research.

In a video posted on Planned Parenthood’s Web site, Cecile Richards called the tenor of the remarks “unacceptable,” and said the organization strives as its top priority to provide compassionate care.

“In the video, one of our staff members speaks in a way that does not reflect that compassion,” she said. “This is unacceptable, and I personally apologize for the staff member’s tone and statements.”

[Undercover video shows Planned Parenthood official discussing fetal organs used for research]

But Richards also emphatically defended the organization’s tissue donation program, which she said is purely voluntary for the women and does not yield a profit for Planned Parenthood. And she condemned the group that covertly recorded Nucatola’s remarks, which she said heavily edited the video to make “outrageous claims.”

“We know the real agenda of organizations behind videos like this, and they have never been concerned with protecting the health and safety of women,” she said. “Their mission is to ban abortion completely and cut women off from care at Planned Parenthood and other health centers.”

Richards’s apology came a day after a little-known anti-abortion group called the Center for Medical Progress unveiled the video as part of what its leader said was a 30-month investigation into Planned Parenthood’s tissue donation program. The group alleges Planned Parenthood illegally sells fetal body parts to companies that use the tissue for research.

While the video did not prove this claim, it still painted Planned Parenthood in an unflattering light that reignited controversy over the women’s health organization, the nation’s largest abortion provider and a longtime target of anti-abortion activism. It showed Nucatola, the organization’s senior director of medical services, discussing graphically the ways in which abortions can be completed to preserve a fetus’s liver, lungs, heart and other materials for research.

“I’d say a lot of people want liver,” she says in the video, drinking wine and eating salad with anti-abortion activists posing as medical company representatives.

Later in the video, she continues: “We’ve been very good at getting heart, lung, liver, because we know that, so I’m not gonna crush that part, I’m gonna basically crush below, I’m gonna crush above, and I’m gonna see if I can get it all intact.”

The Center for Medical Research distilled the video into a nine-minute clip, but also posted a longer cut lasting more than two-and-a-half hours showing a fuller context of the discussion. It also posted some supporting documents on its site, and the group’s leader has promised more evidence in the coming weeks.

http://www.washingtonpost.com/news/post-nation/wp/2015/07/16/planned-parenthood-head-apologizes-for-tone-of-doctor-in-covert-video/

Planned Parenthood chief apologizes after video

Congressional leaders and Republican presidential hopefuls slammed Planned Parenthood on Wednesday and called for congressional hearings on the incident.

RELATED: Lawmakers call for Hill hearings on Planned Parenthood

Richards said political attacks are nothing new for her organization, the country’s largest abortion provider.

“Spreading false information is an age-old strategy of people hell-bent on denying women care & shaming them for exercising their rights,” she tweeted.

Several Republican candidates have promised to defund federal dollars to Planned Parenthood if elected. Richards argued that would keep millions from breast exams, sexually transmitted infection exams and sex education.

“Reminder: 1 out of every 5 women has been to PP in her life. Threatening our patients’ care & rights will get politicians nowhere real fast,” she tweeted. “We’ve fought for our patients before, and we’ll fight for them again and again.”

http://www.cnn.com/2015/07/16/politics/planned-parenthood-president-criticizes-gop-candidates/

Planned Parenthood exec, fetal body parts subject of controversial video

https://en.wikipedia.org/wiki/Cecile_Richards

Planned Parenthood

From Wikipedia, the free encyclopedia
(Redirected from Planned parenthood)
This article is about Planned Parenthood Federation of America. For the international organization, see International Planned Parenthood Federation.
Planned Parenthood
Planned Parenthood logo.svg
Abbreviation PPFA
Formation 1916 to 1942[note 1]
Legal status Federation
Purpose Reproductive health
Headquarters New York City & Washington, D.C.
Location
  • 820 locations[1]
Region served
United States
Membership
85 independent affiliates[1]
President
Cecile Richards
Affiliations International Planned Parenthood Federation
Budget
$1.04 billion (as of 2008–09)[2]
Website PlannedParenthood.org

Planned Parenthood Federation of America (PPFA), commonly shortened to Planned Parenthood, is the U.S. affiliate of the International Planned Parenthood Federation (IPPF) and one of its larger members. PPFA is a non-profit organization providing reproductive health and maternal and child health services. The Planned Parenthood Action Fund, Inc. (PPAF) is a related organization which lobbies for pro-choice legislation, comprehensive sex education, and access to affordable health care in the United States. In recent years, Planned Parenthood has begun to move away from the pro-choice label to words and phrases that more accurately reflect the entire range of women’s health and economic issues.[3]

Planned Parenthood is the largest U.S. provider of reproductive health services, including cancer screening, HIV screening and counseling, contraception, and abortion.[4][5][6] Contraception accounts for 34% of PPFA’s total services and abortions account for 3%; PPFA conducts roughly 300,000 abortions each year, among 3 million people served.[7][8][9]

The organization has its roots in Brooklyn, New York, where Margaret Sanger opened the country’s first birth-control clinic. Sanger founded the American Birth Control League in 1921, which in 1942 became part of the Planned Parenthood Federation of America. Since then, Planned Parenthood has grown to have over 820 clinic locations in the U.S., with a total budget of US $1 billion. PPFA provides an array of services to over three million people in the United States, and supports services for over one million clients outside the United States.

History

Early history

Margaret Sanger (1922), the first president and founder of Planned Parenthood

The origins of Planned Parenthood date to October 16, 1916 when Margaret Sanger, her sister Ethel Byrne, and Fania Mindell opened the first birth control clinic in the U.S. in the Brownsville section of Brooklyn, New York.[10] All three women were immediately arrested and jailed for violating provisions of the Comstock Act– for distributing “obscene materials” at the clinic. The “Brownsville trials” brought national attention and support to their cause, and although Sanger and her co-defendants were convicted, their convictions were eventually overturned. Their campaign led to major changes in the laws governing birth control and sex education in the United States.[11]

In 1938, the clinic was organized into the American Birth Control League, which became part of the only national birth control organization in the US until the 1960s, but the title was found too offensive and “against families” so the League began discussions for a new name.[12] By 1941, the organization was operating 222 centers and had served 49,000 clients.[13] By 1942 the League had become part of what became the Planned Parenthood Federation of America.[12]

By 1960, the Federation’s grassroots volunteers had provided family planning counseling in hundreds of communities across the country.[13] Planned Parenthood was one of the founding members of the International Planned Parenthood Federation when it was launched at a conference in Bombay, India in 1952.[13][14]

After Sanger

Following Margaret Sanger, Alan Frank Guttmacher became president of Planned Parenthood and served from 1962 till 1974.[15] During his tenure, the Food and Drug Administration approved the sale of the original birth control pill, giving rise to new attitudes towards women’s reproductive freedom.[13] Also during his presidency, Planned Parenthood lobbied the federal government to support reproductive health, culminating with President Richard Nixon‘s signing of Title X to provide governmental subsidies for low-income women to access family planning services.[16] The Center for Family Planning Program Development was also founded as a semi-autonomous division during this time.[17] The center became an independent organization and was renamed the Guttmacher Institute in 1977.[17]

Faye Wattleton was the first woman named president of the Planned Parenthood Federation of America in 1978 and served till 1992.[18] She was the first African-American to serve as president, and the youngest president in Planned Parenthood’s history.[19] During her term, Planned Parenthood grew to become the seventh largest charity in the country, providing services to four million clients each year through its 170 affiliates whose activities were spread across 50 states.[20]

A Planned Parenthood supporter participates in a demonstration in support of the organization.

From 1996 to 2006, Planned Parenthood was led by Gloria Feldt.[21][22] Feldt activated the Planned Parenthood Action Fund, the organization’s political action committee, launching what was the most far reaching electoral advocacy effort in its history.[23] She also launched the Responsible Choices Action Agenda, a nationwide campaign to increase services to prevent unwanted pregnancies, improve quality of reproductive care and ensure access to safe and legal abortions.[13] Another initiative was the commencement of a “Global Partnership Program” with the aim of building a vibrant activist constituency in support of family planning.[13]

On February 15, 2006, Cecile Richards became president of the organization.[24]

Margaret Sanger Awards

In 1966, PPFA began awarding the Margaret Sanger Award annually to honor, in their words, “individuals of distinction in recognition of excellence and leadership in furthering reproductive health and reproductive rights.” In the first year, it was awarded to four men, Carl G. Hartman, William H. Draper, Lyndon Baines Johnson, and Martin Luther King.[25][26][27][28] Later recipients have included John D. Rockefeller III, Katharine Hepburn, Jane Fonda, Hillary Rodham Clinton, and Ted Turner.[29][30][31]

Services and facilities

Location in Houston, Texas

PPFA is a federation of 85 independent Planned Parenthood affiliates around the U.S.[1] These affiliates together operate more than 820 health centers in all 50 states and the District of Columbia.[1][32] The largest of these facilities, a $26 million, 78,000-square-foot (7,200 m2) structure was completed in Houston, Texas in May 2010.[33] This serves as a headquarters for 12 clinics in Texas and Louisiana.[33] Together, they are the largest family planning services provider in the U.S. with over four million activists, supporters and donors.[34][35][36] Planned Parenthood is staffed by 27,000 staff members and volunteers.[37]

They serve over five million clients a year, 26% of which are teenagers under the age of 19.[38] According to Planned Parenthood, 75% of their clients have incomes at or below 150 percent of the federal poverty level.[37]

Services provided at locations include contraceptives (birth control); emergency contraception; screening for breast, cervical and testicular cancers; pregnancy testing and pregnancy options counseling; testing and treatment for sexually transmitted diseases; comprehensive sexuality education, menopause treatments; vasectomies, tubal ligations, and abortion.

In 2009, Planned Parenthood provided 4,009,549 contraceptive services (35% of total), 3,955,926 sexually transmitted disease services (35% of total), 1,830,811 cancer related services (16% of total), 1,178,369 pregnancy/prenatal/midlife services (10% of total), 332,278 abortion services (3% of total), and 76,977 other services (1% of total), for a total of 11,383,900 services.[9][37][39][40][41][42] The organization also said its doctors and nurses annually conduct 1 million screenings for cervical cancer and 830,000 breast exams.

Funding

Planned Parenthood headquarters on Massachusetts Avenue in Washington, D.C.

Planned Parenthood has received federal funding since 1970, when President Richard Nixon signed into law the Family Planning Services and Population Research Act, amending the Public Health Service Act. Title X of that law provides funding for family planning services, including contraception and family planning information. The law enjoyed bipartisan support from liberals who saw contraception access as increasing families’ control over their lives, and conservatives who saw it as a way to keep people off welfare. Nixon described Title X funding as based on the premise that “no American woman should be denied access to family planning assistance because of her economic condition.”[43]

In the fiscal year ending June 30, 2011, total (consolidated) revenue was $201 million: clinic revenue totaling $2 million, grants and donations of $190 million, investment income of $2 million, and $7 million other income.[44] Approximately two-thirds of the revenue is put towards the provision of health services, while non-medical services such as sex education and public policy work make up another 16%; management expenses, fundraising, and international family planning programs account for most of the rest.

Planned Parenthood receives about a third of its money in government grants and contracts (about $360 million in 2009).[45] By law, federal funding cannot be allocated for abortions,[46] but some opponents of abortion have argued that allocating money to Planned Parenthood for the provision of other medical services “frees up” funds to be re-allocated for abortion.[4][47]

A coalition of national and local pro-life groups have lobbied federal and state government to stop funding Planned Parenthood, and as a result, Republican federal and state legislators have proposed legislation to reduce the funding levels.[46][48] Some six states have gone ahead with such proposals.[4][49][50][51] In some cases, the courts have overturned such actions, citing conflict with federal or other state laws, and in others, the federal executive branch has provided funding in lieu of the states.[50][51][52] In other cases, complete or partial defunding of Planned Parenthood has gone through successfully.[53][54]

Planned Parenthood is also funded by private donors, with a membership base of over 700,000 active donors whose contributions account for approximately one quarter of the organization’s revenue.[55] Large donors also contribute a substantial portion of the organization’s budget; past donors have included the Bill & Melinda Gates Foundation, Buffett Foundation, Ford Foundation, Turner Foundation, the Cullmans and others.[56][57][58][59] The Bill & Melinda Gates Foundation’s contributions to the organization have been specifically marked to avoid funding abortions.[56] Some, such as the Buffett Foundation, have supported reproductive health that can include abortion services.[56] Pro-life groups have advocated the boycott of donors to Planned Parenthood.[60]

Stand on political and legal issues

Planned Parenthood and its predecessor organizations have provided and advocated for access to birth control. The modern organization of Planned Parenthood America is also an advocate for reproductive rights.[61] This advocacy includes contributing to sponsorship of abortion rights and women’s rights events[62] and assisting in the testing of new contraceptives.[63] The Federation opposes restrictions on women’s reproductive health services, including parental consent laws. Planned Parenthood has cited the case of Becky Bell, who died following a septic abortion after failing to seek parental consent, to justify their opposition.[64][65] Planned Parenthood also takes the position that laws requiring parental notification before an abortion is performed on a minor are unconstitutional on privacy grounds.[66] The organization also opposes laws requiring ultrasounds before abortions, stating that their only purpose is to make abortions more difficult to obtain.[67] Planned Parenthood has also opposed initiatives that require waiting periods before abortions,[68] and bans on late-term abortions including intact dilation and extraction, which has been illegal in the U.S. since 2003.[69]

Planned Parenthood argues for the wide availability of emergency contraception (EC) measures.[70] It opposes conscience clauses, which allow pharmacists to refuse to dispense drugs against their beliefs. In support of their position, they have cited cases where pharmacists have refused to fill life saving drugs under the laws.[71] Planned Parenthood has also been critical of hospitals that do not provide access to EC for rape victims.[72] Planned Parenthood supports and provides FDA-approved abortifacients such as mifepristone.[73]

Citing the need for medically accurate information in sex education, Planned Parenthood opposes abstinence-only education in public schools. Instead, Planned Parenthood is a provider of, and endorses, comprehensive sex education, which includes discussion of both abstinence and birth control.[74]

Political Action Committee

Planned Parenthood also has a political action committee called Planned Parenthood Action Fund. The committee was founded in 1996 by then new president Gloria Feldt for the purpose of maintaining reproductive health rights and supporting political candidates of the same mindset. In 2012 election cycle the committee gained prominence based on its effectiveness of spending on candidates.[75]

Before the U.S. Supreme Court

Former Planned Parenthood President Gloria Feldt with Congressman Albert Wynn in front of the U.S. Supreme Court

Planned Parenthood regional chapters have been active in the American courts. A number of cases in which Planned Parenthood has been a party have reached the U.S. Supreme Court. Notable among these cases is the 1992 case Planned Parenthood v. Casey, the case that sets forth the current constitutional abortion standard. In this case, “Planned Parenthood” was the Southeast Pennsylvania Chapter, and “Casey” was Robert Casey, the governor of Pennsylvania. The ultimate ruling was split, and Roe v. Wade was narrowed but upheld in an opinion written by Sandra Day O’Connor, Anthony Kennedy, and David Souter. Harry Blackmun and John Paul Stevens concurred with the main decision in separately written opinions. The Supreme Court struck down spousal consent requirements for married women to obtain abortions, but found no “undue burden”—an alternative to strict scrutiny which tests the allowable limitations on rights protected under the Constitution—from the other statutory requirements. Dissenting were William Rehnquist, Antonin Scalia, Clarence Thomas, and Byron White. Blackmun, Rehnquist, and White were the only justices who voted on the original Roe v. Wade decision in 1973 who were still on the Supreme Court to rule on this case, and their votes on this case were consistent with their votes on the original decision that legalized abortion.[76] Only Blackmun voted to maintain Roe v. Wade in its entirety.

Other related cases include:

  • Planned Parenthood of Central Missouri v. Danforth (1976). Planned Parenthood challenged the constitutionality of a Missouri law encompassing parental consent, spousal consent, clinic bookkeeping and allowed abortion methods. Portions of the challenged law were held to be constitutional, others not.[77]
  • Planned Parenthood Association of Kansas City v. Ashcroft (1983). Planned Parenthood challenged the constitutionality of a Missouri law encompassing parental consent, clinic record keeping, and hospitalization requirements. Most of the challenged law was held to be constitutional.[78]
  • Planned Parenthood v. ACLA (2001). The American Coalition of Life Activists (ACLA) released a flier and “Wanted” posters with complete personal information about doctors who performed abortions. A civil jury and the Ninth Circuit Court of Appeals both found that the material was indeed “true threats” and not protected speech.[79]
  • Gonzales v. Planned Parenthood (2003). Planned Parenthood sued Attorney General Gonzales for an injunction against the enforcement of the Partial-Birth Abortion Ban Act of 2003. Planned Parenthood argued the act was unconstitutional because it violated the Fifth Amendment, namely in that it was overly vague, violated women’s constitutional right to have access to abortion, and did not include language for exceptions for the health of the mother. Both the district court and the US Court of Appeals for the Ninth Circuit agreed,[80][81] but that decision was overturned in a 5–4 ruling by the Supreme Court.[82]
  • Ayotte v. Planned Parenthood of Northern New England (2006). Planned Parenthood et al. challenged the constitutionality of a New Hampshire parental notification law related to access to abortion.[83][84] In Sandra Day O’Connor’s final decision before retirement, the Supreme Court sent the case back to lower courts with instructions to seek a remedy short of wholesale invalidation of the statute. New Hampshire ended up repealing the statute via the legislative process.[85]

Controversy and criticism

Abortion

Planned Parenthood has occupied a central position in the abortion debate in the U.S., and has been among the most prominent targets of U.S. pro-life activists for decades. Congressional Republicans have attempted since the 1980s to defund the organization,[45] nearly leading to a government shutdown over the issue in 2011.[86] The federal money received by Planned Parenthood is not used to fund abortion services, but pro-life activists have argued that the funding frees up other resources which are, in turn, used to provide abortions.[45]

Planned Parenthood is the largest single provider of abortions in the U.S.[7] In 2009, Planned Parenthood performed 332,278 abortions (for comparison, 1.21 million abortions were performed in the US in 2008[87]), from which it derives about $164,154,000, or 15% of its annual revenue as of their 2008–2009 calculations.[88] According to PPFA’s own estimates, its contraceptive services prevent approximately 612,000 unintended pregnancies and 291,000 abortions annually.[37][89] Planned Parenthood president Cecile Richards has argued that the organization’s family planning services reduce the need for abortions.[90] Megan Crepeau of the Chicago Tribune said that, because of its birth control and family planning services, PPFA could be “characterized as America’s largest abortion preventer.”[91] Anti-abortion activists dispute the evidence that greater access to contraceptives reduces abortions.[92]

Margaret Sanger and eugenics

Further information: Margaret Sanger § Eugenics

In the 1920s various theories of eugenics were popular among intellectuals in the United States. For example, 75% of colleges offered courses on eugenics.[93] Sanger, in her campaign to promote birth control, teamed with eugenics organizations such as the American Eugenics Society, although she argued against many of their positions.[94][95][96] Scholars describe Sanger as believing that birth control, sterilization and abortion should be voluntary and not based on race.[97] She advocated for “voluntary motherhood”—the right to choose when to be pregnant—for all women, as an important element of women’s rights.[98][99] Opponents of Planned Parenthood often refer to Sanger’s connection with supporters of eugenics to discredit the organization by associating it, and birth control, with the more negative modern view of eugenics.[100][101] Planned Parenthood has responded to this effort directly in a leaflet acknowledging that Sanger agreed with some of her contemporaries who advocated the voluntary hospitalization or sterilization of people with untreatable, disabling, hereditary conditions, and limits on the immigration of the diseased. The leaflet also states that Planned Parenthood “finds these views objectionable and outmoded” but says that it was compelled to discuss the topic because “anti-family planning activists continue to attack Sanger . . . because she is an easier target” than Planned Parenthood.[102]

Recorded stings by pro-life activists

Planned Parenthood supporters in Columbus, OH

Periodically pro-life activists have tried to demonstrate that Planned Parenthood does not follow applicable state or federal laws. The groups called or visited a Planned Parenthood health center posing as victims of statutory rape,[103] minors who would need parental notification for abortion,[104][105] racists seeking to earmark donations for abortions for black women to abort black babies,[106] or pimps who want abortions for child prostitutes.[107] Edited video and audio productions of these dialogues seem to capture employees being sympathetic to potentially criminal acts, leading to allegations that the health centers in question are violating the law. An official federal inspection in 2005 by the Bush administration‘s Department of Health and Human Services “yielded no evidence of clinics around the nation failing to comply with laws on reporting child abuse, child molestation, sexual abuse, rape or incest.”[104]

In 2011, the organization Live Action released a series of videos that they said showed Planned Parenthood employees at multiple affiliates actively assisting or being complicit in aiding the underage prostitution ring of actors posing as a pimp and a prostitute. Planned Parenthood conducted a frame-by-frame analysis of the recordings, and said they found instances of “editing that dramatically alter[ed] the meaning of the recorded conversations.”[108]

None of these stings have led to criminal conviction.[109] However, a small number of Planned Parenthood employees and volunteers were fired for not following procedure, and the organization committed to retraining its staff.[106][110]

State and local court cases against Planned Parenthood

In some states, anti-abortion Attorneys General have subpoenaed medical records of patients treated by Planned Parenthood. Planned Parenthood has gone to court to keep from turning over these records, citing medical privacy and concerns about the motivation for seeking the records.[111]

In 2006, Kansas Attorney General Phill Kline, a strongly anti-abortion Republican, released some sealed patient records obtained from Planned Parenthood to the public. His actions were described as “troubling” by the state Supreme Court, but ultimately Planned Parenthood was compelled to turn over the medical records, albeit with more stringent court-mandated privacy safeguards for the patients involved.[111] In 2007, Kline’s successor, Paul J. Morrison, notified the clinic that no criminal charges would be filed after a three-year investigation, as “an objective, unbiased and thorough examination” showed no wrongdoing. Morrison stated that he believed Kline had politicized the attorney general’s office.[112] In 2012, a Kansas district attorney dropped all of the remaining criminal charges against the Kansas City-area Planned Parenthood clinic accused of performing illegal abortions, citing a lack of evidence of wrongdoing.[113] In all, the Planned Parenthood clinic had faced 107 criminal charges from Kline and other Kansas prosecutors, all of which were ultimately dropped for lack of evidence.[113]

In Indiana, Planned Parenthood was not required to turn over its medical records in an investigation of possible child abuse.[114] In October 2005, Planned Parenthood Minnesota/North Dakota/South Dakota was fined $50,000 for violating a Minnesota state parental consent law.[115]

On December 31, 2012, Judge Gary Harger ruled Texas may exclude otherwise qualified doctors and clinics from receiving state funding if they advocate for abortion rights.[116]

Anti-abortion violence

Planned Parenthood clinics have been the target of many instances of anti-abortion violence, including (but not limited to) bombing, arson, and attacks with chemical weaponry.[117][118][119][120][121][122][123][124][125][126][127]

1994 Brookline shootings

Main article: John Salvi

In 1994, John Salvi entered a Brookline, Massachusetts Planned Parenthood clinic and opened fire, murdering receptionist Shannon Elizabeth Lowney and wounding three others. He fled to another Planned Parenthood clinic where he murdered Leane Nichols and wounded two others.[128]

See also

Notes

  1. Planned Parenthood “dates its beginnings to 1916” but a predecessor, the American Birth Control League, was not founded until 1921 and the organization did not adopt its name until 1942.

https://en.wikipedia.org/wiki/Planned_Parenthood

Margaret Sanger

From Wikipedia, the free encyclopedia
Margaret Sanger
MargaretSanger-Underwood.LOC.jpg

Sanger in 1922
Born Margaret Higgins
September 14, 1879
Corning, New York,
United States
Died September 6, 1966 (aged 86)
Tucson, Arizona,
United States
Occupation Social reformer, sex educator, nurse
Spouse(s) William Sanger (1902–1921)[note 1]
James Noah H. Slee (1922–1943).

Margaret Higgins Sanger (September 14, 1879 – September 6, 1966) was an American birth control activist, sex educator, and nurse. Sanger popularized the term birth control, opened the first birth control clinic in the United States, and established organizations that evolved into the Planned Parenthood Federation of America. Sanger was also a writer. She used this method to help promote her way of thinking. She was prosecuted for her book Family Limitation under the Comstock Act in 1914. She was afraid of what would happen, so she fled to Britain until she knew it was safe to return to the US.[citation needed] Sanger’s efforts contributed to several judicial cases that helped legalize contraception in the United States. Sanger is a frequent target of criticism by opponents of abortion and has also been criticized for supporting eugenics, but remains an iconic figure in the American reproductive rights movement.[2]

In 1916, Sanger opened the first birth control clinic in the United States, which led to her arrest for distributing information on contraception. Her subsequent trial and appeal generated controversy. Sanger felt that in order for women to have a more equal footing in society and to lead healthier lives, they needed to be able to determine when to bear children. She also wanted to prevent unsafe abortions, so-called back-alley abortions, which were common at the time because abortions were usually illegal. She believed that while abortion was sometimes justified it should generally be avoided, and she considered contraception the only practical way to avoid the use of abortions.[citation needed]

In 1921, Sanger founded the American Birth Control League, which later became the Planned Parenthood Federation of America. In New York City, she organized the first birth control clinic staffed by all-female doctors, as well as a clinic in Harlem with an entirely African-American staff. In 1929, she formed the National Committee on Federal Legislation for Birth Control, which served as the focal point of her lobbying efforts to legalize contraception in the United States. From 1952 to 1959, Sanger served as president of the International Planned Parenthood Federation. She died in 1966, and is widely regarded as a founder of the modern birth control movement.

Life

Early life

Sanger was born Margaret Louise Higgins in 1879 in Corning, New York,[3] to Michael Hennessey Higgins, an Irish-born stonemason and free-thinker, and Anne Purcell Higgins, a Catholic Irish-American. Michael Hennessey Higgins had emigrated to the USA at age 14 and joined the U.S. Army as a drummer at age 15, during the Civil War. After leaving the army, Michael studied medicine and phrenology, but ultimately became a stonecutter, making stone angels, saints, and tombstones.[4] Michael H. Higgins was a Catholic who became an atheist and an activist for women’s suffrage and free public education.[5] Anne Higgins went through 18 pregnancies (with 11 live births) in 22 years before dying at the age of 49. Sanger was the sixth of eleven surviving children,[6] and spent much of her youth assisting with household chores and caring for her younger siblings. Anne’s parents took their children and emigrated to Canada when she was a child, due to the Potato Famine.

Supported by her two older sisters, Margaret Higgins attended Claverack College and Hudson River Institute, before enrolling in 1900 at White Plains Hospital as a nurse probationer. In 1902, she married the dashing architect William Sanger and gave up her education.[7] Though she was plagued by a recurring active tubercular condition, Margaret Sanger bore three children, and the couple settled down to a quiet life in Westchester, New York.

Sanger with sons Grant and Stuart, c. 1919

Social activism

In 1911, after a fire destroyed their home in Hastings-on-Hudson, the Sangers abandoned the suburbs for a new life in New York City. Margaret Sanger worked as a visiting nurse in the slums of the East Side, while her husband worked as an architect and a house painter. Already imbued with her husband’s leftist politics, Margaret Sanger also threw herself into the radical politics and modernist values of pre-World War I Greenwich Village bohemia. She joined the Women’s Committee of the New York Socialist party, took part in the labor actions of the Industrial Workers of the World (including the notable 1912 Lawrence Textile Strike and the 1913 Paterson Silk Strike) and became involved with local intellectuals, left-wing artists, socialists and social activists, including John Reed, Upton Sinclair, Mabel Dodge and Emma Goldman.[8]

Sanger’s political interests, emerging feminism and nursing experience led her to write two series of columns on sex education entitled “What Every Mother Should Know” (1911–12) and “What Every Girl Should Know” (1912-13) for the socialist magazine New York Call. By the standards of the day, Sanger’s articles were extremely frank in their discussion of sexuality, and many New York Call readers were outraged by them. Other readers, however, praised the series for its candor, one stated that the series contained “a purer morality than whole libraries full of hypocritical cant about modesty.[9] Both were later published in book form in 1916.[10]

During her work among working class immigrant women, Sanger was exposed to graphic examples of women going through frequent childbirth, miscarriage and self-induced abortion for lack of information on how to avoid unwanted pregnancy. Access to contraceptive information was prohibited on grounds of obscenity by the 1873 federal Comstock law and a host of state laws. Searching for something that would help these women, Sanger visited public libraries, but was unable to find information on contraception.[11] These problems were epitomized in a (possibly fictional) story that Sanger would later recount in her speeches: while Sanger was working as a nurse, she was called to the apartment of a woman, “Sadie Sachs,” who had become extremely ill due to a self-induced abortion. Afterward, “Sadie” (whose marital status Sanger never mentioned) begged the attending doctor to tell her how she could prevent this from happening again, to which the doctor simply advised her to remain abstinent. A few months later, Sanger was called back to “Sadie’s” apartment — only this time, “Sadie” died shortly after Sanger arrived. She had attempted yet another self-induced abortion.[12][13] Sanger would sometimes end the story by saying, “I threw my nursing bag in the corner and announced … that I would never take another case until I had made it possible for working women in America to have the knowledge to control birth.” Although “Sadie Sachs” was possibly a fictional composite of several women Sanger had known, this story marks the time when Sanger began to devote her life to help desperate women before they were driven to pursue dangerous and illegal abortions.[13][14]

Accepting the connection proposed between contraception and working-class empowerment by radicals such as Emma Goldman, Sanger came to believe that only by liberating women from the risk of unwanted pregnancy would fundamental social change take place. She proceeded to launch a campaign to challenge governmental censorship of contraceptive information. She would set up a series of confrontational actions designed to challenge the law and force birth control to become a topic of public debate. Sanger’s trip to France in 1913 exposed her to what Goldman had been saying. Sanger’s experience during her trip to France directly influence The Women Rebel newsletter. The trip to France was also the beginning of the end of her marriage with William Sanger.[15]

In 1914, Sanger launched The Woman Rebel, an eight-page monthly newsletter which promoted contraception using the slogan “No Gods, No Masters“.[16][note 2][17] Sanger, collaborating with anarchist friends, popularized the term “birth control” as a more candid alternative to euphemisms such as “family limitation”[18] and proclaimed that each woman should be “the absolute mistress of her own body.”[19] In these early years of Sanger’s activism, she viewed birth control as a free-speech issue, and when she started publishing The Woman Rebel, one of her goals was to provoke a legal challenge to the federal anti-obscenity laws which banned dissemination of information about contraception.[20][21] Though postal authorities suppressed five of its seven issues, Sanger continuing publication, all the while preparing, Family Limitation, an even more blatant challenge to anti-birth control laws. This 16-page pamphlet contained detailed and precise information and graphic descriptions of various contraceptive methods. In August 1914 Margaret Sanger was indicted for violating postal obscenity laws by sending the The Woman Rebel through the postal system. Instead of standing trial, she jumped bail and fled to Canada. Then, under the alias “Bertha Watson”, sailed for England. En route she ordered her labor associates to release copies of the Family Limitation.[22]

Margaret Sanger spent much of her 1914 exile in England, where contact with British neo-Malthusianists helped refine her socioeconomic justifications for birth control. She was also profoundly influenced by the liberation theories of British sexual theorist Havelock Ellis. Under his tutelage she formulated a new rationale that would liberate women not just by making sexual intercourse safe, but also pleasurable. It would, in effect, free women from the inequality of sexual experience. Early in 1915, Margaret Sanger’s estranged husband, William Sanger, was entrapped into giving a copy of Family Limitation to a representative of anti-vice crusader Anthony Comstock. William Sanger was tried and convicted, he spent thirty days in jail, while also escalating interest in birth control as a civil liberties issue.[23][24][25]

Birth control movement

This page from Sanger’s Family Limitation, 1917 edition, describes a cervical cap.

Some countries in northwestern Europe had more liberal policies towards contraception than the United States at the time, and when Sanger visited a Dutch birth control clinic in 1915, she learned about diaphragms and became convinced that they were a more effective means of contraception than the suppositories and douches that she had been distributing back in the United States. Diaphragms were generally unavailable in the United States, so Sanger and others began importing them from Europe, in defiance of United States law.[8]

In 1917, she started publishing the monthly periodical Birth Control Review.[note 3]

On October 16, 1916, Sanger opened a family planning and birth control clinic at 46 Amboy St. in the Brownsville neighborhood of Brooklyn, the first of its kind in the United States.[26] Nine days after the clinic opened, Sanger was arrested. Sanger’s bail was set at $500 and she went back home. Sanger continued seeing some women in the clinic until the police came a second time. This time Sanger and her sister, Ethel Byrne, were arrested for breaking a New York state law that prohibited distribution of contraceptives, Sanger was also charged with running a public nuisance.[27] Sanger and Ethel went to trial in January 1917.[28] Byrne was convicted and sentenced to 30 days in a workhouse but went on hunger strike. She was the first woman in the US to be force fed.[29] Only when Sanger pledged that Byrne would never break the law, she was pardoned after ten days.[30] Sanger was convicted; the trial judge held that women did not have “the right to copulate with a feeling of security that there will be no resulting conception.”[31] Sanger was offered a more lenient sentence if she promised to not break the law again, but she replied: “I cannot respect the law as it exists today.”[32] For this, she was sentenced to 30 days in a workhouse.[32] An initial appeal was rejected, but in a subsequent court proceeding in 1918, the birth control movement won a victory when Judge Frederick E. Crane of the New York Court of Appeals issued a ruling which allowed doctors to prescribe contraception.[33] The publicity surrounding Sanger’s arrest, trial, and appeal sparked birth control activism across the United States, and earned the support of numerous donors, who would provide her with funding and support for future endeavors.[34]

Sanger became estranged from her husband in 1913, and the couple’s divorce was finalized in 1921.[35] Sanger’s second husband was Noah Slee. He followed Sanger around the world and provided much of Sanger’s financial assistance. The couple got married in September 1922, but the public did not know about it until February 1924. They supported each other with their pre-commitments.[36]

American Birth Control League

Sanger published the Birth Control Review from 1917 to 1929.[note 4]

After World War I, Sanger shifted away from radical politics, and she founded the American Birth Control League (ABCL) in 1921 to enlarge her base of supporters to include the middle class.[37] The founding principles of the ABCL were as follows:[38]

We hold that children should be (1) Conceived in love; (2) Born of the mother’s conscious desire; (3) And only begotten under conditions which render possible the heritage of health. Therefore we hold that every woman must possess the power and freedom to prevent conception except when these conditions can be satisfied.

Sanger’s appeal of her conviction for the Brownsville clinic secured a 1918 court ruling that exempted physicians from the law that prohibited the distribution of contraceptive information to women—provided it was prescribed for medical reasons—she established the Clinical Research Bureau (CRB) in 1923 to exploit this loophole.[8][39] The CRB was the first legal birth control clinic in the United States, and it was staffed entirely by female doctors and social workers.[40] The clinic received a large amount of funding from John D. Rockefeller Jr. and his family, which continued to make donations to Sanger’s causes in future decades, but generally made them anonymously to avoid public exposure of the family name,[41] and to protect family member Nelson Rockefeller‘s political career since openly advocating birth control could have led to the Catholic Church opposing him politically.[42] John D. Rockefeller Jr. donated five thousand dollars to her American Birth Control League in 1924 and a second time in 1925.[43] In 1922, she traveled to China, Korea, and Japan. In China she observed that the primary method of family planning was female infanticide, and she later worked with Pearl Buck to establish a family planning clinic in Shanghai.[44] Sanger visited Japan six times, working with Japanese feminist Kato Shidzue to promote birth control.[45] This was ironic since ten years earlier Sanger had accused Katō of murder and praised an attempt to kill her.[46]

In 1926, Sanger gave a lecture on birth control to the women’s auxiliary of the Ku Klux Klan in Silver Lake, New Jersey.[47] She described it as “one of the weirdest experiences I had in lecturing,” and added that she had to use only “the most elementary terms, as though I were trying to make children understand.”[47] Sanger’s talk was well received by the group, and as a result, “a dozen invitations to similar groups were proffered.”[47]

In 1928, conflict within the birth control movement leadership led Sanger to resign as the president of the ABCL and take full control of the CRB, renaming it the Birth Control Clinical Research Bureau (BCCRB), marking the beginning of a schism in the movement that would last until 1938.[48]

Sanger invested a great deal of effort communicating with the general public. From 1916 onward, she frequently lectured—in churches, women’s clubs, homes, and theaters—to workers, churchmen, liberals, socialists, scientists, and upper-class women.[49] She wrote several books in the 1920s which had a nationwide impact in promoting the cause of birth control. Between 1920 and 1926, 567,000 copies of Woman and the New Race and The Pivot of Civilization were sold.[50] She also wrote two autobiographies designed to promote the cause. The first, My Fight for Birth Control, was published in 1931 and the second, more promotional version, Margaret Sanger: An Autobiography, was published in 1938.

During the 1920s, Sanger received hundreds of thousands of letters, many of them written in desperation by women begging for information on how to prevent unwanted pregnancies.[51][52] Five hundred of these letters were compiled into the 1928 book, Motherhood in Bondage.[53][54]

Planned Parenthood era

Main article: Planned Parenthood

Sanger’s Birth Control Clinical Research Bureau operated from this New York building from 1930 to 1973.

In 1929, Sanger formed the National Committee on Federal Legislation for Birth Control in order to lobby for legislation to overturn restrictions on contraception.[55] That effort failed to achieve success, so Sanger ordered a diaphragm from Japan in 1932, in order to provoke a decisive battle in the courts. The diaphragm was confiscated by the United States government, and Sanger’s subsequent legal challenge led to a 1936 court decision which overturned an important provision of the Comstock laws which prohibited physicians from obtaining contraceptives.[56] This court victory motivated the American Medical Association in 1937 to adopt contraception as a normal medical service and a key component of medical school curriculums.[57]

This 1936 contraception court victory was the culmination of Sanger’s birth control efforts, and she took the opportunity, now in her late 50s, to move to Tucson, Arizona, intending to play a less critical role in the birth control movement. In spite of her original intentions, she remained active in the movement through the 1950s.[57]

In 1937, Sanger became chairman of the newly formed Birth Control Council of America, and attempted to resolve the schism between the ABCL and the BCCRB.[58] Her efforts were successful, and the two organizations merged in 1939 as the Birth Control Federation of America.[59][note 5] Although Sanger continued in the role of president, she no longer wielded the same power as she had in the early years of the movement, and in 1942, more conservative forces within the organization changed the name to Planned Parenthood Federation of America, a name Sanger objected to because she considered it too euphemistic.[60]

In 1946, Sanger helped found the International Committee on Planned Parenthood, which evolved into the International Planned Parenthood Federation in 1952, and soon became the world’s largest non-governmental international family planning organization. Sanger was the organization’s first president and served in that role until she was 80 years old.[61] In the early 1950s, Sanger encouraged philanthropist Katharine McCormick to provide funding for biologist Gregory Pincus to develop the birth control pill which was eventually sold under the name Enovid.[62]

Death

Margaret Sanger Square, at the intersection of Mott Street and Bleecker Street in Manhattan

Sanger died of congestive heart failure in 1966 in Tucson, Arizona, aged 86, about a year after the event that marked the climax of her 50-year career: the landmark U.S. Supreme Court case Griswold v. Connecticut, which legalized birth control in the United States.[note 6] Sanger is buried in Fishkill, New York, next to her sister, Nan Higgins, and her second husband, Noah Slee.[63] One of her surviving brothers was College Football Hall of Fame player and coach Bob Higgins.[64]

Legacy

Long after her death, Sanger has continued to be regarded as a leading figure in the battle for American women’s rights. Sanger’s story has been the subject of several biographies, including an award-winning biography published in 1970 by David Kennedy, and is also the subject of several films, including Choices of the Heart: The Margaret Sanger Story.[65] Sanger’s writings are curated by two universities: New York University‘s history department maintains the Margaret Sanger Papers Project,[66] and Smith College‘s Sophia Smith Collection maintains the Margaret Sanger Papers collection.[67]

Sanger has been recognized with many important honors. In 1957, the American Humanist Association named her Humanist of the Year. Government authorities and other institutions have memorialized Sanger by dedicating several landmarks in her name, including a residential building on the Stony Brook University campus, a room in Wellesley College’s library,[68] and Margaret Sanger Square in New York City’s Greenwich Village.[69] In 1993, the Margaret Sanger Clinic—where she provided birth control services in New York in the mid twentieth century—was designated as a National Historic Landmark by the National Park Service.[70] In 1966, Planned Parenthood began issuing its Margaret Sanger Awards annually to honor “individuals of distinction in recognition of excellence and leadership in furthering reproductive health and reproductive rights.”[71]

Due to her connection with Planned Parenthood, many who are opposed to abortion frequently condemn Sanger by criticizing her views on racial supremacy, birth control, and eugenics.[72][73][note 7] In spite of such controversies, Sanger continues to be regarded as an icon for the American reproductive rights movement and woman’s rights movement.

Controversies

Sexuality

While researching information on contraception Sanger read various treatises on sexuality in order to find information about birth control. She read The Psychology of Sex by the English psychologist Havelock Ellis and was heavily influenced by it.[74] While traveling in Europe in 1914, Sanger met Ellis.[75] Influenced by Ellis, Sanger adopted his view of sexuality as a powerful, liberating force.[76] This view provided another argument in favor of birth control, as it would enable women to fully enjoy sexual relations without the fear of an unwanted pregnancy.[77] Sanger also believed that sexuality, along with birth control, should be discussed with more candor.[76]

However, Sanger was opposed to excessive sexual indulgence. She stated “every normal man and woman has the power to control and direct his sexual impulse. Men and women who have it in control and constantly use their brain cells thinking deeply, are never sensual.”[78][79] Sanger said that birth control would elevate women away from a position of being an object of lust and elevate sex away from purely being for satisfying lust, saying that birth control “denies that sex should be reduced to the position of sensual lust, or that woman should permit herself to be the instrument of its satisfaction.”[80] Sanger wrote that masturbation was dangerous. She stated: “In my personal experience as a trained nurse while attending persons afflicted with various and often revolting diseases, no matter what their ailments, I never found any one so repulsive as the chronic masturbator. It would not be difficult to fill page upon page of heart-rending confessions made by young girls, whose lives were blighted by this pernicious habit, always begun so innocently.”[81] She believed that women had the ability to control their sexual impulses, and should utilize that control to avoid sex outside of relationships marked by “confidence and respect.” She believed that exercising such control would lead to the “strongest and most sacred passion.”[82] However, Sanger was not opposed to homosexuality and praised Ellis for clarifying “the question of homosexuals… making the thing a—not exactly a perverted thing, but a thing that a person is born with different kinds of eyes, different kinds of structures and so forth… that he didn’t make all homosexuals perverts—and I thought he helped clarify that to the medical profession and to the scientists of the world as perhaps one of the first ones to do that.”[83] Sanger believed sex should be discussed with more candor, and praised Ellis for his efforts in this direction. She also blamed the suppression of discussion about it on Christianity.[83]

Eugenics

An advertisement for a book entitled

Sanger’s 1920 book endorsed eugenics.

As part of her efforts to promote birth control, Sanger found common cause with proponents of eugenics, believing that they both sought to “assist the race toward the elimination of the unfit.”[84] Sanger was a proponent of negative eugenics, which aims to improve human hereditary traits through social intervention by reducing the reproduction of those who were considered unfit. In “The Morality of Birth Control,” a 1921 speech, she divided society into three groups: the educated and informed class that regulated the size of their families, the intelligent and responsible who desired to control their families however did not have the means or the knowledge and the irresponsible and reckless people whose religious scruples “prevent their exercising control over their numbers.” Sanger concludes “there is no doubt in the minds of all thinking people that the procreation of this group should be stopped.”[85] Sanger’s eugenic policies included an exclusionary immigration policy, free access to birth control methods and full family planning autonomy for the able-minded, and compulsory segregation or sterilization for the “profoundly retarded”.[86][87] In her book The Pivot of Civilization, she advocated coercion to prevent the “undeniably feeble-minded” from procreating.[88] Although Sanger supported negative eugenics, she asserted that eugenics alone was not sufficient, and that birth control was essential to achieve her goals.[89][90][91]

In contrast with eugenicist William Robinson, who advocated euthanasia for the unfit,[note 8] Sanger wrote, “we [do not] believe that the community could or should send to the lethal chamber the defective progeny resulting from irresponsible and unintelligent breeding.”[92] Similarly, Sanger denounced the aggressive and lethal Nazi eugenics program.[87] In addition, Sanger believed the responsibility for birth control should remain in the hands of able-minded individual parents rather than the state, and that self-determining motherhood was the only unshakable foundation for racial betterment.[89][93]

Sanger also supported restrictive immigration policies. In “A Plan for Peace”, a 1932 essay, she proposed a congressional department to address population problems. She also recommended that immigration exclude those “whose condition is known to be detrimental to the stamina of the race,” and that sterilization and segregation be applied to those with incurable, hereditary disabilities.[86][87][94]

Race

W. E. B. Du Bois served on the board of Sanger’s Harlem clinic.[95]

Sanger’s writings echoed her ideas about inferiority and loose morals of particular races. In one “What Every Girl Should Know” commentary, she references popular opinion that Aboriginal Australians were “just a step higher than the chimpanzee” with “little sexual control,” as compared to the “normal man and Woman.”[78] Elsewhere she bemoaned that traditional sexual ethics “… have in the past revealed their woeful inability to prevent the sexual and racial chaos into which the world has today drifted.”[93]

Such attitudes did not keep her from collaborating with African-American leaders and professionals who saw a need for birth control in their communities. In 1929, James H. Hubert, a black social worker and leader of New York’s Urban League, asked Sanger to open a clinic in Harlem.[96] Sanger secured funding from the Julius Rosenwald Fund and opened the clinic, staffed with black doctors, in 1930. The clinic was directed by a 15-member advisory board consisting of black doctors, nurses, clergy, journalists, and social workers. The clinic was publicized in the African-American press and in black churches, and it received the approval of W. E. B. Du Bois, founder of the NAACP.[97] In 1939 Sanger wrote, “We should hire three or four colored ministers, preferably with social-service backgrounds, and with engaging personalities. The most successful educational approach to the Negro is through a religious appeal. We don’t want the word to go out that we want to exterminate the Negro population, and the minister is the man who can straighten out that idea if it ever occurs to any of their more rebellious members.” She did not tolerate bigotry among her staff, nor would she tolerate any refusal to work within interracial projects.[98] Sanger’s work with minorities earned praise from Martin Luther King, Jr., in his 1966 acceptance speech for the Margaret Sanger award.[99]

From 1939 to 1942 Sanger was an honorary delegate of the Birth Control Federation of America, which included a supervisory role—alongside Mary Lasker and Clarence Gamble—in the Negro Project, an effort to deliver birth control to poor black people.[100] Sanger wanted the Negro Project to include black ministers in leadership roles, but other supervisors did not. To emphasize the benefits of involving black community leaders, she wrote to Gamble “we do not want word to go out that we want to exterminate the Negro population and the minister is the man who can straighten out that idea if it ever occurs to any of their more rebellious members.” This quote has been cited by Angela Davis to support her claims that Sanger wanted to exterminate black people.[101] However, New York University’s Margaret Sanger Papers Project, argues that in writing that letter, “Sanger recognized that elements within the black community might mistakenly associate the Negro Project with racist sterilization campaigns in the Jim Crow South, unless clergy and other community leaders spread the word that the Project had a humanitarian aim.”[102]

Freedom of speech

Sanger opposed censorship throughout her career, with a zeal comparable to her support for birth control. Sanger grew up in a home where iconoclastic orator Robert Ingersoll was admired.[103] During the early years of her activism, Sanger viewed birth control primarily as a free-speech issue, rather than as a feminist issue, and when she started publishing The Woman Rebel in 1914, she did so with the express goal of provoking a legal challenge to the Comstock laws banning dissemination of information about contraception.[21] In New York, Emma Goldman introduced Sanger to members of the Free Speech League, such as Edward Bliss Foote and Theodore Schroeder, and subsequently the League provided funding and advice to help Sanger with legal battles.[104]

Over the course of her career, Sanger was arrested at least eight times for expressing her views during an era in which speaking publicly about contraception was illegal.[105] Numerous times in her career, local government officials prevented Sanger from speaking by shuttering a facility or threatening her hosts.[106] In Boston in 1929, city officials under the leadership of James Curley threatened to arrest her if she spoke—so she turned the threat to her advantage and stood on stage, silent, with a gag over her mouth, while her speech was read by Arthur M. Schlesinger, Sr.[107]

Abortion

Sanger’s family planning advocacy always focused on contraception, rather than abortion.[108][note 9] It was not until the mid-1960s, after Sanger’s death, that the reproductive rights movement expanded its scope to include abortion rights as well as contraception.[note 10] Sanger was opposed to abortions, both because she believed that life should not be terminated after conception, and because they were dangerous for the mother in the early 20th century. In her book Woman and the New Race, she wrote: “while there are cases where even the law recognizes an abortion as justifiable if recommended by a physician, I assert that the hundreds of thousands of abortions performed in America each year are a disgrace to civilization.”[111]

Historian Rodger Streitmatter concluded that Sanger’s opposition to abortion stemmed from concerns for the dangers to the mother, rather than moral concerns.[112] However, in her 1938 autobiography, Sanger noted that her opposition to abortion was based on the taking of life: “[In 1916] we explained what contraception was; that abortion was the wrong way no matter how early it was performed it was taking life; that contraception was the better way, the safer way—it took a little time, a little trouble, but was well worth while in the long run, because life had not yet begun.”[113] And in her book Family Limitation, Sanger wrote that “no one can doubt that there are times when an abortion is justifiable but they will become unnecessary when care is taken to prevent conception. This is the only cure for abortions.”[114]

Works

Books and pamphlets
  • What Every Mother Should Know – Originally published in 1911 or 1912, based on a series of articles Sanger published in 1911 in the New York Call, which were, in turn, based on a set of lectures Sanger gave to groups of Socialist party women in 1910–1911.[115] Multiple editions published through the 1920s, by Max N. Maisel and Sincere Publishing, with the title What Every Mother Should Know, or how six little children were taught the truth … Online (1921 edition, Michigan State University)
  • Family Limitation – Originally published 1914 as a 16-page pamphlet; also published in several later editions. Online (1917, 6th edition, Michigan State University)
  • What Every Girl Should Know – Originally published 1916 by Max N. Maisel; 91 pages; also published in several later editions. Online (1920 edition); Online (1922 ed., Michigan State University)
  • The Case for Birth Control: A Supplementary Brief and Statement of Facts – May 1917, published to provide information to the court in a legal proceeding. Online (Internet Archive)
  • Woman and the New Race, 1920, Truth Publishing, foreword by Havelock Ellis. Online (Harvard University); Online (Project Gutenberg); Online (Internet Archive); Audio on Archive.org
  • Debate on Birth Control – 1921, text of a debate between Sanger, Theodore Roosevelt, Winter Russell, George Bernard Shaw, Robert L. Wolf, and Emma Sargent Russell. Published as issue 208 of Little Blue Book series by Haldeman-Julius Co. Online (1921, Michigan State University)
  • The Pivot of Civilization, 1922, Brentanos. Online (1922, Project Gutenberg); Online (1922, Google Books)
  • Motherhood in Bondage, 1928, Brentanos. Online (Google Books).
  • My Fight for Birth Control, 1931, New York: Farrar & Rinehart
  • An Autobiography. New York, NY: Cooper Square Press. 1938. ISBN 0-8154-1015-8.
  • Fight for Birth Control, 1916, New York] [1] (The Library of Congress)
  • Birth Control A Parent’s Problem or Women’s?” The Birth Control Review, Mar. 1919, 6-7.
Periodicals
  • The Woman Rebel – Seven issues published monthly from March 1914 to August 1914. Sanger was publisher and editor.
  • Birth Control Review – Published monthly from February 1917 to 1940. Sanger was Editor until 1929, when she resigned from the ABCL.[116] Not to be confused with Birth Control News, published by the London-based Society for Constructive Birth Control and Racial Progress.
Collections and anthologies
Speeches

See also

https://en.wikipedia.org/wiki/Margaret_Sanger

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Gay Hollywood Mafia Money and Propaganda Succeeds — Supreme Court Ignores States Rights, Will of American People, United States Constitution And Bill of Rights and Rules in Favor of Same Sex Gay Marriage — Betrayal of Oath of Office — End The Two Party Tyranny — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 494 June 26, 2015

Pronk Pops Show 493 June 25, 2015

Pronk Pops Show 492 June 24, 2015 

Pronk Pops Show 491 June 23, 2015

Pronk Pops Show 490 June 22, 2015

Pronk Pops Show 489 June 19, 2015

Pronk Pops Show 488 June 18, 2015

Pronk Pops Show 487 June 17, 2015

Pronk Pops Show 486 June 16, 2015

Pronk Pops Show 485 June 15, 2015

Pronk Pops Show 484 June 12, 2015

Pronk Pops Show 483 June 11, 2015

Pronk Pops Show 482 June 10, 2015

Pronk Pops Show 481 June 9, 2015

Pronk Pops Show 480 June 8, 2015

Pronk Pops Show 479 June 5, 2015

Pronk Pops Show 478 June 4, 2015

Pronk Pops Show 477 June 3, 2015 

Pronk Pops Show 476 June 2, 2015

Pronk Pops Show 475 June 1, 2015

Pronk Pops Show 474 May 29, 2015

Pronk Pops Show 473 May 28, 2015

Pronk Pops Show 472 May 27, 2015

Pronk Pops Show 471 May 26, 2015

Pronk Pops Show 470 May 22, 2015

Pronk Pops Show 469 May 21, 2015

Pronk Pops Show 468 May 20, 2015 

Pronk Pops Show 467 May 19, 2015

Pronk Pops Show 466 May 18, 2015

Pronk Pops Show 465 May 15, 2015

Pronk Pops Show 464 May 14, 2015

Pronk Pops Show 463 May 13, 2015

Pronk Pops Show 462 May 8, 2015

Pronk Pops Show 461 May 7, 2015

Pronk Pops Show 460 May 6, 2015

Pronk Pops Show 459 May 4, 2015 

Pronk Pops Show 458 May 1, 2015 

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

Pronk Pops Show 454: April 27, 2015

Pronk Pops Show 453: April 24, 2015

Pronk Pops Show 452: April 23, 2015 

Pronk Pops Show 451: April 22, 2015

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Story 1: Gay Hollywood Mafia Money and Propaganda Succeeds — Supreme Court Ignores States Rights, Will of American People, United States Constitution And Bill of Rights and Rules in Favor of Same Sex Gay Marriage —  Betrayal of Oath of Office — End The Two Party Tyranny — Videos

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First Amendment

The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition.  It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices.  It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely.  It also guarantees the right of citizens to assemble peaceably and to petition their government.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

https://www.law.cornell.edu/constitution/first_amendment

14th Amendment

The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens.  The most commonly used — and frequently litigated — phrase in the amendment is  “equal protection of the laws“, which figures prominently in a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination),Roe v. Wade (reproductive rights),  Bush v. Gore (election recounts), Reed v. Reed (gender discrimination),  and