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Tuesday’s Senate vote reminds me of German ‘Enabling Act’ of 1933

By David McElroy · December 2, 2011

Everyone knows that Adolph Hitler was the absolute dictator of Germany for 12 years, but most people don’t realize he got that power legally. In 1933, the democratically elected German Reichstag passed what came to be known as the Enabling Act, which gave Hitler the power to rule however he pleased.

On Tuesday, the U.S. Senate voted to give the president so much power that it reminds me of a first step down that road. In a military authorization bill, the Senate inserted a clause that gives a president the power to have the military arrest a U.S. citizen and send him to a military prison — to be held indefinitely with no trial. Isn’t that something you would have expected from Nazi Germany or Soviet Russia?

Let me repeat that. This legislation will allow a president to unilaterally send any American to rot in jail with no hope of appealing to a court for a trial. All he has to do is claim the person is a suspect in some kind of terror-related crime. And we know that no president will ever misuse his power in order to achieve other purposes. Right? And we know the authorities never jump to conclusions and falsely arrest an American in terror-related cases. Right?

If you trust any person with that kind of power, you’re either naive or insane.

The best perspective I’ve seen on this comes from a Facebook post by Igor Prohorov of Henrico, Va. He puts this serious issue in terms of his own family’s history:

“I’m originally from Ukraine. Some members of my family were imprisoned without trial and taken away to Gulags in Siberia and forced to work as slaves. One of them is my step-grandfather and he still has a hard time talking about his horrible experiences. My family has immigrated to this country to escape authoritarian government, only to find out that the free people of this country are so careless about their own liberties here. We must never allow our government to detain anyone without a trial and hold them indefinitely. This is not what America is all about and anyone who supports this tyranny is destined to suffer the most from it.”

If that doesn’t give you chills, I don’t know how to get through to you.

People such as Sens. John McCain and Carl Levin — who sponsored the measure — assure us that a president needs this power to fight terrorism. Hitler and his Nazi government said the same thing when they got the Reichstag to give him power in 1933. Hitler wasn’t getting this power to become a dictator. Oh, no. The bill was called the “Law for Removing the Distress of the People and the Reich.” It was sold as a way to help the country through a time of crisis. Hitler never relinquished that total power. Politicians almost ever voluntarily give up power.

We have a lot of well-meaning people in this country who argue for limited government, but I’d like to know what evidence there is that politicians are ever going to respect the meaning of “limited government.” Over the last century, we have watched the federal government grow ever larger and seize more and more powers. Sometimes, those powers are taken in the name of fighting some temporary threat, but those “temporary” measures almost never end.

I don’t trust any politician with this power. I don’t care whether it’s Barack Obama or George W. Bush or even Ron Paul. And even if you could trust the president today, what about the ones who come later? What makes you think you can trust them?

The coercive state system is broken, but it’s broken in its basic design. The idea that an institution can be given the power to force people to obey it — but that it will limit itself to protecting the rights of the people it’s given the power to coerce — is backwards from the start.

The coercive state has to go, because this country is still on the road to serfdom — and it ultimately leads to open tyranny. But by the time you find yourself or your family in prison, it will be too late. You need to decide how you’re going to deal with that now — while there’s still time.

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Future Photo Display

As part of my effort to rid my life of social media, I will no longer display links to my two Instagram accounts here. Those accounts will be dormant for the time being and will eventually be deleted. I plan to have a method for displaying photos here instead, but the solutions I’ve tested so far have been disappointing. I’m still working on it.

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I need some new portraits of myself, so I tried a I need some new portraits of myself, so I tried a few shots after I got home late Monday night. This one wasn’t great, so I’ll try again later, but I can use it until I have time to shoot another. I was too lazy to light this one properly — and it shows. 😺
Sunset, Leeds, Alabama — August 27, 2026 Sunset, Leeds, Alabama — August 27, 2026
Sunset, Leeds, Alabama — August 19, 2026 Sunset, Leeds, Alabama — August 19, 2026
When I got home at midnight Monday, I was doing so When I got home at midnight Monday, I was doing some work in the studio and Oliver wanted to join me, so I showed him around to acclimate him to the place again. He rarely goes in there, but I have pictures of him in that studio on the night I brought him home as a kitten. 😺
Earlier this week, I found two photos of Lucy and Earlier this week, I found two photos of Lucy and me that I had never seen. I loved finding the pictures, but seeing these photos left me thinking about the effect it has on us when we lose an animal we love — and it was also a reminder of how much my life has changed for the last nine months it’s been since I lost her. I wrote an essay about this. You can find it as the most recent post at davidmcelroy.org right now if you’re interested. I really do miss this sweet girl.
When I take lightning pictures, I’m always hoping When I take lightning pictures, I’m always hoping to get just one usable photo, but I got two dramatic images tonight. You might recognize the water tower and communication tower that you’ve seen in many of my sunset photos. This is about a mile from my house in Leeds, which is just east of Birmingham.
For those who are in places where it’s miserably h For those who are in places where it’s miserably hot today, here is a minute of light rain and gentle thunder from my back yard late Saturday afternoon. It’s very relaxing to stand at my back door and watch this, especially since the heat is pretty mild today — 80 degrees (about 26 celsius) — for July in the American South.
Alex was willing to cooperate with me for a new po Alex was willing to cooperate with me for a new portrait late Wednesday night. It’s been roughly three and a half years now since the cold night when I was able to lure him out from behind a garbage dumpster into a trap — but I don’t think he’s sorry at this point that he fell for the trick. 😺
This is the face of a man who’s thrilled that the This is the face of a man who’s thrilled that the weekend is finally here. It was a very long (and productive) week, but the time has finally come that I have time to write and read and think. Late Friday night, I’m at the McDonald’s near my house with a Diet Dr Pepper and a MacBook. For me, it’s like Cheers without the booze.
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I was taking a photo of Sam in an office window wh I was taking a photo of Sam in an office window when Oliver decided he should have some attention, too. Sam knows that his bigger brother is upstaging him, but he’s not sure whether to stay in the window or jump down.
From the CritterCam: Alex has been sleeping in the From the CritterCam: Alex has been sleeping in the cat bed on my desk Thursday night, but Oliver seems to be trying to bully him into moving so the big gray boy can have the spot instead. But Alex turned back around and went back to sleep. Oliver was disappointed, but walked away.
From the CritterCam: Even though I’m not at home, From the CritterCam: Even though I’m not at home, Alex seems to know that I’m watching him over the webcam. He’ll be back to sleep any moment, though.
Late Wednesday night, Meg is relaxing on the bed w Late Wednesday night, Meg is relaxing on the bed while I write in the bedroom. Every now and then, Oliver cruises by the foot of the bed and she takes off to chase him — then seems to remember that he has “boy cooties” and breaks off the chase. She seems pretty happy to be here as she finishes Day 22 in the house with us.
Just before midnight, Meg is purring in my arms as Just before midnight, Meg is purring in my arms as we hang out together in the bedroom. She’s a photogenic little girl.
Meg is just hanging out in the office on the castl Meg is just hanging out in the office on the castle Tuesday afternoon. That’s Sam on the mantle behind her. Today marks three weeks since she came inside and went to the vet, but it seems as though she’s been here much longer than that.
From the CritterCam: I just checked the webcam as From the CritterCam: I just checked the webcam as I was trying to get to sleep. Alex has firm control of then cat bed, but Oliver seems to be stalking him in an intimidating fashion — which doesn’t seem the least bit intimidating to Alex. Every cat seems certain that he or she deserves exactly what he or she wants. We humans could learn a lot about confidence from felines.
I love how relaxed and confident Meg is when she h I love how relaxed and confident Meg is when she hangs ou in my lap. This is just before midnight Monday night. Tomorrow will mark her third full week with us. I’d say she’s pretty happy with this transition, even if she’s still wary of her brothers some of the time. I actually saw her charge Oliver briefly tonight — and he got out of her way. So she’s learning.
Just before sunset, Meg and I have been spying on Just before sunset, Meg and I have been spying on one of the neighbors who was out in her yard across the street. Meg seems to be quite a natural at this Neighborhood Watch stuff.
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The company that owns Facebook and Instagram is heavily promoting its new AI-based software assistant called Muse, but people who are using it as it was designed are incredibly foolish. An early adopter of the software discovered that a few days ago when he advertised an item for sale on Facebook Marketplace — and he inadvertently gave Muse full authority to act on his behalf. The software agreed to a lowball offer made by another Facebook user and then gave that man the home address of the man for whom he was an agent. The software told the buyer that the seller was home and waiting for him. When the buyer showed up and waited angrily, the would-be buyer left an angry review for the man. And this angry man had the seller’s home address. It was only well after that that the software reported what it had done and admitted it had made a mistake. I won’t be putting that much power into the hands of any software. I think anyone who agrees to such terms is a fool. And the software’s user agreement says you’re responsible for purchases the software makes in your name. Nope.

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