Daniel Sheehan teaching at University of California – Santa Cruz Spring 2015
This recording includes a summary of the class; the logistics—participation, attendance, essays;
Daniel Sheehan’s background as a Harvard trained lawyer that has worked on high profile cases such as the Pentagon Papers, the Karen Silkwood Case, the Iran Contra Scandal, etc. This class will focus on Natural Law and our ability to use it to help solve the issue of the “secret government” and its implications.
Such concepts as the idealistic generation (baby boomers) coupled with the civic generation (the millennials) will come together to solve the large issues of the 21st century. Some of these issues may include the usurpation of our constitutional rights through legislation such as the Authorization for Use of Force, the Patriot Act, and the National Defense Authorization Act; as well as climate change and its implications for our ever-growing population.
1. The George H.W. Bush Memo delivered to Saddam Hussein by April Gillaspie on July 25, 1990 “Green Lighting” Saddam’s Invasion of Kuwait (http://original.antiwar.com/jason/2011/01/19/glaspie-memo-refutes-claims-leaked-docs-were-classified-for-security/; Congressional Record, January 26, 2011, Page H503.
2. The 1992 United States Defense Department Policy Planning Guidance Document (March, 1992 version #1: http://work.colum.edu/~amiller/wolfowitz1992.htm; http://www.scribd.com/doc/2260566/US-Defense-Planning-Guidance-1992-1999-Leaked-NY-Times; http://www2.gwu.edu/~nsarchiv/nukevault/ebb245/index.htm;
(Beginning cut off due to streaming error, but all that is missed is administrative details.)
This recording includes a review of the challenges that will be faced in this century including: climate change, the rise of the national security state, and a confrontation with China. After the communication of a detailed story on the Iran Contra Scandal to highlight the covert nature of our political system, the focus of the class is the resources that are available to this generation to face such challenges:
- The Democrats will take over the Senate in 2016
- Voting demographics will change in the 2016 election
- Pope Francis will be releasing an encyclical on global climate change and its ties to trans-national corporate capitalism
- Idealistic Baby Boomers will aid and assist the civic Millennials
- The resources of the Internet and its effect
- The movement towards Integral Thinking and Quantum Physics
- The discovery of extra-terrestrial intelligence
A discussion section follows the lecture.
This class begins digging into the substantive content of the world we are presented with versus the actual problems that face us.
Through politics, religion, media, education, and legal systems, we are led to believe that the United States is a land of freedom and opportunity, that it is the greatest country in the world. The problems that we are presented with (e.g., Iran nuclear proliferation, ISIS, the economic crisis) are being fed to us through the calculated efforts of the various systems that socially control our country. However, the actual problems (e.g., climate change, military conflict between the Northern Industrial Alliance and the New Asian Empire, and the rise of the National Security State) are very different.
We must question why we are being distracted from such actual problems as well as understand the logical progression of such distractions.
1. Howard Bloom - The God Problem pp.29-60: “A Taste of Sin”
2. “A Philosophical History of Worldviews”, Worldview - David Naugle; ch. 3 & 4
4. Doug Wilson PhD Thesis: Scottish Enlightenment in American Revolutionary Theory (1-10, 41-49) Saint Andrews American Revolution, ch. 1 and p41-49.
7. Metaphysics, Epistemology and Natural Law Theory - The American Journal of Jurisprudence
The focus of this class is to reconcile its teachings with: 1) Our Constitution, and most importantly, our Bill of Rights, 2) Philosophy and Natural Law; and, 3) Spirituality.
This is followed by a discussion of why Daniel decided to become a lawyer: to expose the truth behind injustices that face us everyday.
Throughout the discussion about the history of uncovering injustice in his years practicing law, referencing the Pentagon Papers; In Re Pappas, which defended the rights of journalists to protect their confidential sources; and the Watergate Scandal, Prof. Sheehan drives home his point in the necessity of standing for what is morally and ethically right; all of which relates to the concept of Natural Law. Natural Law is also linked with the idea of Intuitionism, and the class wraps up with a discussion of John Rawls and his Theory of Justice.
1. Bringing Life Into Accord With Natural Law: A Reason to Vote: http://www.natural-law.org/ideal_administration/ch03.html
3. Doug Wilson PhD Thesis: Scottish Enlightenment in American Revolutionary Theory (92-116, 172-175) Saint Andrews American Revolution, ch. 8,9,11,13
This class focuses on the specific context in which Natural Law can be ascertained.
How is Natural Law related to intuition?
- Through the recollection of patterns
- Through John Rawl’s Theory of Justice
- Through the observation of nature
- By using the law of non-contradiction
- Instinctually, based on collective and generational knowledge
Talcott Parsons and his sociological study focused on dividing people into five groups based on their reactions to problem solving. Dr. Potter, Prof. Sheehan’s advisor in Divinity School at Harvard, takes this one step further by determining that the criteria for each group is determined by their answer to four fundamental questions: Cosmological, Teleological, Ontological, and Epistemological. Based on the answer to each question, the mode ethical reasoning is created, which, in turn, generates a philosophy or a way of viewing the world. Chakras become a part of the discussion as they correlate with each philosophy or worldview that Dr. Potter put forth and Prof. Sheehan later expanded.
Question to ponder for the next class: Can we justify, therefore, imposing mandates upon another being, or should people be able to do whatever they would like?
This class expanded upon the ideas introduced in the class on the 14th of April regarding the Mode of Ethical Reasoning and its implications. Prof. Sheehan stated that each person’s mode of ethical reasoning will lead to a personal philosophy which will equate to politics; psychology; spiritual expression; economic development; social form; and art, music, and dance. Each of these aspects of one’s mode of ethical reasoning can be derived from their personal philosophy. Professor Sheehan then goes into establishing the philosophic worldviews and religious or spiritual worldviews.
Much discussion ensues regarding the place of post-modernist philosophic thought within these specific worldviews.
It is concluded that Scientific Logical Positivism/Agnosticism/the Moderates is the widely accepted worldview—that which is taught in school to become productive and functioning members of society.
This class begins the second phase of the lecture series focusing on the historical background of the Constitution and its provisions, and the function and structure of it as it relates to Natural Law. This will primarily focus on the Bill of Rights (the first ten Constitutional Amendments) which are then explained in some detail.
Twelve Basic Principles should be drawn from the Constitution including:
- Its division into two parts,
- Separation of power,
- The United States is NOT a democracy,
- Checks and balances, etc., all explained in detail.
The majority of the rest of the Constitutional Amendments are discussed in some detail considering the historical implications of each one.
The division between philosophical sentiments within the framers of the Constitution, specifically Madison and Jefferson’s populist view met with Hamilton’s oligarchical viewpoint, caused disputes.
This class compares the political philosophies of founding fathers Madison and Hamilton.
Hamilton—Ruling Elite (Oligarchical):
- The role of the general population was to be ruled by their elected officials.
- He proposed the idea of the National Bank and believed that moving money toward industry would strengthen the economy.
- He also championed the Alien Sedition Act, which punished speech in opposition to the Executive Branch.
Madison—Natural Law Populist:
- The general population had to be educated to choose leaders wisely, and he believed that it was possible to find better ways for people to become more intimately involved in the government process. He supported a popular form of government where the people would be able to rule.
- He was staunchly opposed to industrialism and the idea of a National Bank.
- He believed that superfluous items are manufactured merely for the sake of continued industrialization. In contrast, the agrarian lifestyle was most valuable for Madison. Industrialization would only degrade the public character according to Madison. He also believed that a National Bank would encourage a small group to become wealthy.
- He opposed the Alien Sedition Act because he believed that it blatantly violated the First Amendment.
1. 10th Amendment Reserved Powers, Cornell University Law School, Legal Information Institute
This fifth week of classes will focus on the Bill of Rights, which is the first ten amendments of the Constitution containing within forty-six provisions. For the purpose of this class, we will focus on four fundamental rights contained within the Bill of Rights and how they are perceived with respect to four worldviews.
Those fundamental rights are:
- Freedom of Speech
- The Right to Privacy
- The Right to Due Process of Law
- The Ninth Amendment and its declaration that the rights set forth in the Constitution are not the only rights bestowed upon a person
And they will be considered according to the following worldviews:
- 1st Paradigm – Authoritarian
- 2nd Paradigm – Reactionary/Dialectical
- 6th Paradigm – Natural Law/Progressive
- 4th Paradigm – Moderate/Utilitarian/Scientific Logical Positivism – Also, noted that this is the dominant worldview of Western culture at this time, and it is based on empiricism.
Some discussion was also given to the importance of understanding each worldview in order to ascertain certain outcomes. Essentially, granting credence to the ability to see many perspectives and using this understanding to one’s advantage.
1. Federalism in the United States -- http://en.wikipedia.org/wiki/Federalism_in_the_United_States
This lecture focused on the concept of Free Speech, how it was intended in the Constitution, and how it has been interpreted since then.
The Federalists passed the Alien Sedition Acts in 1798 with the intention of restricting free speech by making it illegal to speak out against the government. This is the first major challenge to the First Amendment right of freedom of speech.
Many worldviews interpret the concept of freedom of speech differently. The second paradigm reactionary worldview would like to restrict freedom of speech while the sixth paradigm progressive worldview would place no restrictions on speech. Thus, the moderate or utilitarian fourth paradigm worldview is tasked with crafting intellectual devices to balance the sixth the second paradigm worldviews, often leading to overly broad or vague legislation.
Some ways in which absolute freedom of speech has been restricted are:
- Speech that induces unlawful conduct on the part of others can be prohibited.
- Freedom of speech can be restricted when it interferes with a court decision.
- If there is expression that provokes hostile action on the part of audience, it is prohibited.
1. Michael McGough, Post-Gazette National Bureau, Supreme Court nomination battle spotlights legal societies and their divergent views -- http://old.post-gazette.com/pg/05226/553199-84.stm
2. ACS v. Federalists http://www.acslaw.org/files/ACS_Nation_art_B.pdf
This lecture covered the Fourth Amendment—the protection from illegal search and seizure—and its relation to Authoritarian (1st Paradigm), Reactionary (2nd Paradigm), Moderate (4th Paradigm), and Progressive (6th Paradigm) worldviews. Law enforcement officials are always functioning from an Authoritarian perspective as they view Constitutional Rights as impediments to carrying out their duties.
The Reactionary perspective is consistently trying to frame Constitutional Rights in an Authoritarian perspective—constantly attempting to further limit our rights.
Progressives rely on Constitutional Rights to protect them from Authoritarian control.
Moderates limit Constitutional Rights by creating exceptions (conceptual devices), which, specifically for the Fourth Amendment, consist of:
- Consensual Searches
- Vehicle Searches
- Foreign Intelligence Surveillance
- Protection of a Law Enforcement Officer
Unfortunately, the interpretation of such exceptions often further reduces our access to protect ourselves from illegal search and seizure.
Professor Sheehan used his involvement with the Attica Prison Riots to illustrate the use of the Fourth Amendment.
Today (May 7th, 2015), it was decided that the general wiretapping and surveillance of United States Citizens is illegal. The Second Court of Appeals’ decision in ACLU v. Clapper is an excellent example of the purpose and relevance of the Fourth Amendment.
This lecture goes on to examine the Fifth Amendment. This amendment not only gives us the right to not incriminate oneself, but also the right to Due Process of Law; the focus of this lecture, “nor shall [any person] be deprived of life, liberty, or property, without due process of law”.
Due Process includes:
- Being charged
- Knowing why charges are filed
- The writ of habeas corpus (the right to stand in front of an impartial third party to establish probable cause)
- The right to reasonable bail
- The right to a hearing
- The assumption of innocence until proven guilty—the burden of proof lies on the prosecutor
- The refusal to stand as one’s own witness does NOT implicate guilt
- The right to a jury trial—specifically, a fair and impartial jury of one’s peers
- The right to face one’s accuser
- The right to an attorney. It is later established that if one cannot afford an attorney, one will be provided.
- The right to call witness(es)
- The right to access subpoena power to compel witness(es)
- The necessity of a unanimous jury decision for conviction
The right to voir dire—interviewing jury members
This class takes a closer look at the Fourteenth Amendment and its role in substantiating due process of law in its first and fifth clauses.
While the Fifth Amendment procedurally declared one’s right to due process, the Fourteenth Amendment, as an integral part of the Reconstruction Amendments arising after the Civil War, grants Congress, and more generally the federal government, the right to enforce due process in the face of indiscretion on the part of a state. Therefore, the Fourteenth Amendment inherently restricts states’ rights as part of the Reconstruction Era, proclaiming that natural law rights of individuals cannot be violated by state or federal governments.
The class continued to reference various court cases that established the federal government’s right to enforce due process and enumerate each right involved in due process. The Ninth Amendment is further discussed regarding rights that are inherently protected by natural law even though they have not yet been enumerated.
The next class will also focus on the Fourteenth Amendment and its “Equal Protection Clause.”
3. Executive Order #9066 - Japanese Internment
This class focuses on the Equal Protection of Law provision in the first clause of the Fourteenth Amendment.
Five years after the ratification of the Fourteenth Amendment, the Slaughterhouse Cases determined that United States citizenship, and not state citizenship, would be affected by the Fourteenth Amendment, therefore, it would not restrict policing powers of the state. It was also determined that the Fourteenth Amendment was specifically intended to protect the rights of former slaves, therefore, undermining the broad intention of due process and equal protection of law. Because of this, progressives were forced to use selective inclusion of specific instances of protection under the due process of law provision of the Fourteenth Amendment.
Furthermore, because of the ruling of the Slaughterhouse Cases, the Equal Protection of Law provision could only be applied to former slaves so that the moderates had to, once again, determine conceptual devices to decide the parameters that would allow a group or individual equal protection of law. Such parameters are discussed at length.
Why did the court choose such a narrow definition of the Fourteenth Amendment with the ruling of the Slaughterhouse Cases? There is a discussion of the shift of consciousness that occurred with the presidential election of 1876 to explain this reactionary shift.
Professor Sheehan gives two examples of cases he litigated that were based on provisions of the Fourteenth Amendment: Silkwood v. Kerr-McGee and Morton v. Mancari.
This concludes the second part of the lecture series. Phase three will discuss how we apply the Constitution to create tools to confront upcoming issues: climate change, the rise of the national security state, and military conflict between the Northern Industrial Alliance and Asia.
This marks the beginning of the third phase of the class in which a variety of events and people of power will be scrutinized in light of and in connection to their involvement in upcoming and current crises, such as Climate Change, the National Surveillance State, and the Northern Industrial Alliance and its position in global politics.
The upcoming (June 5) papal encyclical on Climate Change and its inherent link to Trans-National Corporate Capitalism is discussed at length. Also discussed, is the concept of a Jubilee year, which will be mandated if there is a lack of global commitment to create legally binding, enforceable consequences to global warming by December 8 of this year.
A number of other scenarios are also discussed—including Bechtel Corporation and water rights in Bolivia, Shell Oil’s involvement in Nigeria, Dick Cheney and his connection to Halliburton, the Carlsile Group and its connection to the Bush family and the invasion of Afghanistan, the International Monetary Fund and the World Bank, and many more.
This class serves as an introduction to the third phase of the class, fueling students’ desire to research one of these topics for their final paper.
Professor Sheehan attempts to clarify the topic of the final research paper by presenting his thesis for students to use in their own formation of topics that will define their purpose and goals in combatting upcoming and current crises.
Sheehan’s thesis: There exists (and always has existed, since the beginning of Western civilization) an elite group of people who have been ruling from shadows and who have been effective in imposing their views and will upon the rest of us. At this time, this elite group is made up of corporations that are engaged in activities that cause climate change and are generally disrupting the natural flow of the planet. If left unchecked, all social structures will be so disrupted that major chaos will ensue within the next thirty years. To stop this, radical actions must take place, and oppressive forces are in place to subdue such a radical uprising.
Professor Sheehan goes on to list a number of organizations that he does NOT believe to be this “elite oligarchy,” in opposition to many conspiracy theories.
The implications of global climate change are considered, including the rise in the sea levels, which will move the coastline in ten miles, displacing 60 percent of the population. Due to this, the freshwater sources will be contaminated twenty-five miles inland, and approximately 400 nuclear power plants that line the coast will be submerged, contaminating the oceans and killing sea life.
The stock market as a completely speculative, detached entity is discussed relative to its history. This is the cause of corporate corruption. Corporations cannot be morally liable because their sole motive is to maximize profits at any cost. Therefore, this lack of ethical reasoning is ultimately responsible for global climate change.
The lecture closes with a discussion of the National Security State rolling into place in the United States through various, strategically placed pieces of legislation, including the concept of Continuity of Government, which is discussed at length.
The concept of the Shadow Government will be further considered in subsequent lectures.
This lecture begins with a discussion of the final thesis paper, and what is expected:
- What is a major, upcoming public policy issue?
- Why is it going to be an issue?
- What are its Constitutional implications?
- What is one’s personal opinion of the Natural Law theory as a resource for fueling a Constitutional argument to address such a public policy problem?
- Within the bounds of the Constitution, what should the project or campaign be to redress such a public policy issue?
It goes on to begin a discussion of the 2012 National Defense Authorization Act, specifically sections 1021 and 1022, and its unconstitutionality. Professor Sheehan makes it clear that this is nothing new, but we must face it nonetheless.
A reading of Franklin Roosevelt and Woodrow Wilson quotes ensues, making it clear that a “shadow” government does exist, is acknowledged, and can be found in major corporations. Corporate power has seized control of our government and the world’s natural resources with the goal of creating one world government, set up through trade agreements (e.g., NAFTA, TPP).
The players of this shadow government convene in various institutions and organizations, of which some are enumerated.
The commonality to draw in this elite oligarchy is Fascism. Examples include the funding and legal counsel for Nazi Germany. Therefore, there is also an inherent racist element of white supremacy.
The next lecture will continue with more details about who this elite oligarchy is, and what it is they have done.
This class delves into the major players in the shadow government and examines what their roles have been in enacting their goals of fascism throughout history.
George H.W. Bush and Theodore Shackley, Director of Covert Operations for the CIA under Bush Senior, redrafted the United States Defense Department Policy Planning Guidance Document as “The Projection of US Military Power in the 21st Century” which went on to pronounce that full spectrum world dominance should be taken on by the Northern Industrial Alliance, made up entirely of Caucasian countries, to gain control over global resources through trade agreements which will allow corporations to take control of the nation/state system and eventually supersede it.
The history of this plan includes the funding and legal support of Nazi Germany through the investment firm Brown Brothers Harriman and the legal firm Sullivan & Cromwell, which acted as “consigliere” to Brown Brothers Harriman.
Please watch the lecture in its entirety to grasp the depth at which this elite oligarchy operates, and to ascertain who the key players and their role in this shadow government.
Next week will be the final week of this lecture series, and it will focus on constitutionally based solutions to this proposed racist, fascist takeover by the elite oligarchy.
This section focuses on the following topics:
- The Iran Contra Affair and the CIA's violation of the RICO (Racketeer Influenced and Corrupt Organizations Act) Federal statute. This includes some of the specific allegations and forms of evidence against the CIA in the Iran Contra Affair.
- The upcoming 2016 presidential elections, specifically focusing on what will happen if Jeb Bush or Hilary Clinton are elected.
- Background information regarding the Bush dynasty, with connections made with Saudi princes and bankers who help fund terrorist organizations.
- Discussion regarding the "two-party system," where Sheehan discusses the need to have at least four parties in order for the American people to witness meaningful debates regarding our nation's future direction. He asserts that allowing one of two parties to have a clear majority allows the party to "run away and disregard the will of the American people."
- Discussion focused on Pope Francis's statements against the rise of the national security state and environmental degradation, coupled with a conversation about corporate powers who are driven by short-term financial incentives.
This lecture is a lively, engaging discussion on what can be done to confront impending issues of the 21st century, mostly focusing on Clime Change and its inextricable ties to Trans-National Corporate Capitalism, as the upcoming papal encyclical is sure to address.
Professor Sheehan proposes the most effective route to organize to end such systemic injustice by putting the brakes on climate change and regaining control of our government from corporations would be to do something similar to the Chautauqua Movement. In this kind of educational effort, a strong coalition can be built, making it difficult for those in power in our current government (corporations) to label it as a “terrorist” movement.
The discussion that ensues includes:
• The immorality involved in continuing to pollute with the knowledge of its consequences goes against the very basis of natural law.
• The consequences of announcing the Jubilee year vs. the consequences of Climate Change unchecked
• What it will take to create this paradigmatic shift—life without capitalism
• The epistemological tension that exists between ending corporate capitalism and a new system of exchange
• Where do we start?
This lecture discusses the 12 steps to writing a successful final paper (and to successfully confronting a global crisis):
1. Identify a major crisis that you believe will occur in your future.
2. Identify the proximate causation of such a crisis.
3. Identify the strategic objective you can identify to deconstruct such causation to the crisis.
4. Identify the tactical means to achieve your particular strategic objective.
5. Propose logistical steps to perpetuate tactical methods.
6. Identify principle allies.
7. Identify resources—make sure that you don’t take more than you actually need, otherwise you will only be working to sustain such resources.
8. Identify principle challenges.
9. Take steps to organize and mobilize your allies.
10. What are the steps that need to be taken to overcome the principle challenges?
11. Be certain to do this on a multi-lateral basis.
12. Establish a coordinated association with structure.