Documentary Identification in the Nascent American Police State

23 Pages Posted: 28 Mar 2012 Last revised: 15 May 2014

Date Written: May 14, 2014


The United States is not a police state, but the police-state apparatus is in place. All that is needed to effectuate the American police state is a catalyst: another major terrorist attack, or a war, or a politics-driven action of a governmental officer, a là the Palmer Raids.

From 1789 through 1941, the United States secured liberty under law. The foreign policy of non-interventionism (source: George Washington) and no entangling alliances (source: Thomas Jefferson) secured peace.

There was abandonment in 1933 of liberty, and the taking up of socialism. In 1941, there was abandonment of non-interventionism and of no entangling alliances, and the taking up of internationalism. The United States chose to fight on all fronts in World War II.

Had the military might of the United States been directed exclusively at Japan, the war, for the United States, would have ended in 1943. Then, the United States could have disengaged from socialism, from internationalism, from war.

Instead, the United States was a belligerent until August, 1945. There was no post-war disengagement.

The costs were a government unlimited by article I, section 8; a spendthrift government; a government which taxes many people excessively and many other people not at all; a government which subordinates itself to the global-collectivist machinery; and a government which fights war after war, all without congressional declarations of war.

Federalist No. 78, which argued for a United States judiciary, predicated the maintenance of liberty on keeping the judicial power separate from the legislative power and separate from the executive power. It was the unilateral takings by the United States Supreme Court of legislative power and of executive power which made its step-by-step judicial destruction of constitutional government possible. The final nail in the coffin of the United States Constitution will be approval, by the United States Supreme Court, of actualization, by the Congress and the President, of the American police state.

It can happen here. Without a miraculous rededication to constitutionalism, a police state will arise in the United States.

Keywords: grand jury, Hiibel, identity card, REAL ID Act, Roosevelt, Terry, World War II

JEL Classification: K40, K42, K49

Suggested Citation

Kruger, Stephen, Documentary Identification in the Nascent American Police State (May 14, 2014). Available at SSRN: or

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