"Of course, there is no doubt that if we lived in a police state, it would be easier to catch terrorists. If we lived in a country that allowed the police to search your home at any time for any reason; if we lived in a country that allowed the government to open your mail, eavesdrop on your phone conversations, or intercept your email communications; if we lived in a country that allowed the government to hold people in jail indefinitely based on what they write or think, or based on mere suspicion that they are up to no good, then the government would no doubt discover and arrest more terrorists. But that probably would not be a country in which we would want to live. And that would not be a country for which we could, in good conscience, ask our young people to fight and die. In short, that would not be America." - Senator Russ Feingold (D-WI), voicing his concerns over Congress' passage of the USA Patriot Act (October 25, 2001)

Russ Feingold, a staunch defender of the rule of law and the only senator to vote against the ominous USA Patriot Act, recently lost his bid for re-election to the U.S. Senate to a Tea Party-backed Republican. From the start, Feingold warned that the massive 342-page piece of legislation would open the door to graver dangers than terrorism - namely, America becoming a police state. He was right.

The Patriot Act drove a stake through the heart of the Bill of Rights, violating at least six of the ten original amendments - the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments - and possibly the Thirteenth and Fourteenth Amendments, as well. The Patriot Act also redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations and civil disobedience were considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

The Patriot Act justified broader domestic surveillance, the logic being that if government agents knew more about each American, they could distinguish the terrorists from law-abiding citizens - no doubt an earnest impulse shared by small-town police and federal agents alike. According to Washington Post reporter Robert O'Harrow, Jr., this was a fantasy that had "been brewing in the law enforcement world for a long time." And 9/11 provided the government with the perfect excuse for conducting far-reaching surveillance and collecting mountains of information on even the most law-abiding citizen.

Fight Bad Laws

On Tuesday, a Scott County deputy pulled up behind me as I stopped at a local restaurant. He gave me a written warning for not wearing my seatbelt after checking my license and proof of insurance.

After I signed the written warning, I asked the deputy if he thought this was a good law. His response: "Yes, because it saves lives."

I told him: "If we could put a cop in everyone's car, that would also save lives." Or, we could outlaw cars; that would save lives.

An out-of-state education-reform group raised a whopping $2.8 million in the days leading up to historic state caps on campaign contributions.

All of the money raised by Stand for Children's Illinois PAC came in five- or six-figure contributions from some very major Chicago-area business types. Members of the famed billionaire Pritzker family kicked in a total of $250,000 on December 29, two days before the end of the old campaign-finance system, which allowed for unlimited contributions to groups such as Stand for Children's PAC.

The emergence of a number of socially divisive issues has quickly set up a battle between Democrats and Republicans, and between the Iowa House and Senate, just two weeks into the 2011 legislative session.

"Our fear is ... we're going to be moving from one socially divisive issue to another," House Minority Leader Kevin McCarthy (D-Des Moines) said Thursday.

Fresh off the debate to end a state-funded preschool program created by Democrats, House Republicans this week either introduced or began moving forward on legislation that would ban late-term abortions; call for constitutional amendments to ban gay marriage, civil unions, and domestic partnerships; and define a right to life from the beginning of biological development.

McCarthy said Democrats have been told to prepare for committee work next week and House floor debate the following week on some of these issues. He said a return to the ban on stem-cell research will also be revisited.

"I understand that the new majority needs to do some things for their base, but the concern globally is if we spend the next several weeks, we are ... already 10 percent done with the session," McCarthy said. "We'll have spent the bulk of the session doing socially divisive issues that just tear our society apart, and I think away from what most voters want us to focus on, and that's basic bread-and-butter issues: education and health care and environmental issues."

Thomas E. Woods Jr.'s recent Nullification: How to Resist Federal Tyranny in the 21st Century is a must-read book to understand what is at stake for each of us in the states, and what we the people can do to restore our constitutionally protected liberties.

But before we can restore anything, we must first be clear about what is lost, and how we lost it. In Chapter 4, "What Is (or Are) the United States, Anyway?" Woods opens with a fascinating inquiry: "Was the United States created by a group of independent political societies that established a federal government as their agent, reserving all undelegated powers to themselves? Or was the United States the creation of a single, undifferentiated American people?"

Woods asserts that the federal government was created by America's original 13 colonies, operating as separate and distinct states, which established a compact, known as the Constitution for the United States of America, for dealing with foreign nations, common defense when necessary, and commerce between the 13 chartered states.

History, when studied in earnest, reveals that the various states' ratification documents accepting the Constitution emphasized one dominant, overarching principle: Powers not specifically enumerated to the federal government in the Constitution are automatically retained by the individual states. No exceptions.

Whether they admitted it or not, a large majority of Statehouse denizens was relieved last week when the General Assembly approved the income-tax hike.

Ironically enough, Republicans might have been the happiest. The state's horrific structural deficit was finally addressed, which is good news all around. And since they didn't put any votes on the tax-hike bill, the Republicans now get to use it as a wicked political hammer against the Democrats.

Republican Terry Branstad was sworn into office as Iowa's 41st governor Friday and used his inaugural address to issue calls for service, less government, more integrity and transparency, a reduced and simplified tax system, and a renewed commitment to education.

"It is time for a new covenant between Iowans and their government," Branstad said. "It is a covenant that is founded upon principles of limited government, service above self, transparency and integrity, world-class schools, and celebrating the success of Iowans. These are the principles that will guide my days as your governor."

The official U.S. Census numbers were released not long ago. The statistics revealed that Illinois will lose one U.S. congressional seat when the new district maps are drawn.

It's impossible to know exactly what will happen with the new maps since block-level Census numbers aren't yet available. That very specific, hyper-local data is plugged into computer programs so mapmakers can draw the new congressional and legislative boundaries. The data should arrive in late March or early April.

Once that happens, the Democrats will go to work.

Ten years ago, when the governor's office and the Illinois Senate were controlled by Republicans and the House was run by the Democrats, the powers that be compromised by allowing incumbent congressmen to draw their own district maps.

That was a huge mistake. The incumbents did what incumbents do: They protected themselves to the point where the districts were gerrymandered worse than they've been in a century. The zig-zagging district running from Rock Island to Decatur made Illinois a laughingstock - as if we needed any more of that.

Governor-elect Terry Branstad and incoming Department of Management Director Dave Roederer said Thursday that state expenditures are expected to exceed revenues by $605 million in Fiscal Year 2012 - more than twice as large as the gap projected by the nonpartisan Legislative Services Agency.

"We've got a big challenge," Branstad said. "A lot of one-time money has been used for ongoing expenses. We want to stop what we consider to be bad budgeting practices and really get us back into an affordable, sustainable way to deliver the best quality services in the most efficient and economical way that we can."

In a budget presentation Thursday at the Capitol to reporters and editors, Roederer said the projected budget "deficit" would be $1 billion for Fiscal Year 2013, nearly $1.2 billion for Fiscal Year 2014, and $1.3 billion for Fiscal Year 2015.

(Editor's note: For Jeff Ignatius' response to this guest commentary, click here.)

Liberal goo-goos and "good citizens" of all stripes are fond of saying that "we must continue to obey the law while we work to change it." Every day I become more convinced that this approach gets things precisely backwards. Each day's news demonstrates the futility of attempts at legislative reform, compared to direct action to make the laws unenforceable.

The principle was stated most effectively by Charles Johnson, one of the more prominent writers on the libertarian Left: "If you put all your hope for social change in legal reform ... then ... you will find yourself outmaneuvered at every turn by those who have the deepest pockets and the best media access and the tightest connections. There is no hope for turning this system against them; because, after all, the system was made for them and the system was made by them. Reformist political campaigns inevitably turn out to suck a lot of time and money into the politics - with just about none of the reform coming out on the other end."

Far greater success can be achieved, at a tiny fraction of the cost, by "bypassing those laws and making them irrelevant to your life."

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