Tag: Constitution

Listen to A Soldier

Maj. Gen. Eaton {retired} makes so many points, Points that many of us have been saying, especially those who have served and Swore Oath in entering that service, be it military of government, in such a short discussion that it makes it a Keeper and All So Called Repub Reps. especially, and their Supporters, Should Be Required To Watch Him!! {but they still won’t get it}

They’ve been trying to take down the Constitution and Country since reagan but especially since newt and delay, the bugman having run to do exactly that as to his previous life as a regulated using poisons to kill rodents etc, and increase his corrupt wants as well. But they thought they had it during the past decade and they don’t want to loose what they thought they gained!!

Arizona Backs Down. Sorta Kinda.

Battered by the media tsunami caused by Arizona’s “show us your papers” law and the resulting lawsuits and threats of boycotts, Arizona’s legislature today sought cover by seeking to moderate provisions of SB 1070.  Are these real changes or are they just cosmetic changes and an effort to save face?  It’s probably some of each.  Put another way, those who oppose the law can know that their outrage is being heard and felt.  But the changes don’t eliminate the problem, they just provide better cover for it.

The Arizona Daily Star reports:

– State lawmakers voted late Thursday to repeal one of the more controversial provisions from the new law aimed at illegal immigration….

HB 2162, approved by the House and Senate, changes the law to specify that when deciding whom to question about immigration status, police may not use race, ethnicity or national origin as a factor.

That is a significant change from SB 1070 as it was approved by lawmakers and signed less than a week ago by Gov. Jan Brewer. That version of the law permits police to consider any of those factors when deciding if there is “reasonable suspicion” someone is not in this country legally, as long as it is not the only reason for investigating further.

There’s more, of course:

As originally approved, SB 1070 requires police to determine the immigration status of those with whom they have “lawful contact” if there is reasonable suspicion the person is not here legally.

That “reasonable suspicion” language remains. But the language about “contact” is replaced with a reference to “stop, detention or arrest.” Paul Senseman, the governor’s spokesman, said the changes effectively reduce checking immigration status to “secondary enforcement.”

“There have to be other steps, such as another law being broken first,” he said, before an officer could, with reasonable suspicion, inquire if a person is a citizen or legal resident.

He compared it to Arizona’s seat-belt laws: Police cannot stop a motorist solely because the person is unbuckled. But officers can issue a ticket for failing to buckle up if the driver is stopped for some other reason.

Join me in Nogales.

Dystopia 19: Capture

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“The state  calls its own violence law, & that of the individual, crime.”- Max Stirner

For Your Consideration: Supreme Court Replacements

Justice John Paul Stevens has announced his intentions to retire during the Obama administration. This is not unexpected news, he is 89 years old. There is now discussion and much  speculation about his replacement. The three names most prominently being discussed are:

   The White House has declined to comment on its preparations for selecting a successor, but those close to the process repeatedly have mentioned three names as likely to merit close consideration.

   One is Mr. Obama’s solicitor general, Elena Kagan, a former dean of Harvard Law School who was considered for the nomination that ultimately went to Justice Sonia Sotomayor […]

   Liberals see a surer voice in another finalist for last year’s vacancy, Judge Diane Wood of the Seventh U.S. Circuit Court of Appeals in Chicago. On a court known for its intellectual heft, Judge Wood has proven a serious counterweight to such influential conservative judges as Richard Posner and Frank Easterbrook, legal observers say […]

   A third oft-mentioned name is Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit.

   As a Justice Department official in the Clinton administration, Judge Garland oversaw investigations into the Oklahoma City federal building bombing and the Unabomber, Theodore Kaczynski.

There is some wariness about SG Kagan who has defended executive power

This will not necessarily shift the Roberts Court but it will have a long term impact for the next generation.

h/t to David Dayen @ FDL

For Your Consideration: War Courts

The Obama administration disregard for the rule law and human rights continues

Guantanamo war court resumes hearings amid uncertainty

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GUANTANAMO BAY, Cuba – Still operating under Bush-era policies that President Barack Obama last year called “a mess,” the Pentagon will resume military commission hearings for accused terrorists Wednesday in a top secret compound originally designed for the trial of alleged 9/11 mastermind Khalid Sheik Mohammed.

War court critics denounced the decision to go ahead with hearings this week, saying that without new rules that the Obama administration has yet to complete, the commissions are operating with uncertain procedures.

“It’s really like a lame duck commission,” bristled Mike Berrigan, deputy chief defense counsel.

snip

Among the questions the lack of a new manual of procedures leaves unanswered is whether a defendant could enter a guilty plea in a case where he might face the death penalty. Under military law, such a confession isn’t allowed, a requirement that stymied earlier efforts to try the 9/11 conspirators after they offered to confess to a judge directly without empanelling a jury.

Utopia 19: A Long Way Home

Come senators, congressmen

Please heed the call

Don’t  stand in the doorway

Don’t block up the hall

For he that gets  hurt

Will be he who has stalled

There’s a battle outside

And it  is ragin’

It’ll soon shake your windows

And rattle your walls

For  the times they are a-changin’.

Bob Dylan, “The Times They Are A-Changin'”



Quietly Sanctioning Prison Beatings

Clarence Thomas may not have spoken in oral arguments at the Supreme Court in more than four years, but this morning Linda Greenhouse writes in the New York Times about Thomas’s consistent, twice repeated argument that the Eighth Amendment does not proscribe “harsh treatment”, including beatings of prisoners.  You read that correctly.  Prison beatings, according to Justice Thomas, aren’t forbidden by the Eighth Amendment. And presumably, neither are stress positions, sleep deprivation and other forms of torture.  And as if that position were not repulsive enough, Thomas apparently wants it to be adopted by the new majority of the Supreme Court.

In Defense of the Filibuster 20100213

Recently we have seen quite a bit of controversy about the filibuster.  Most folks do not even know what that term means, and with good reason.  The rules for it changed, as I recall, in 1975, after damned old Nixon got booted, and, in my opinion, for ill.

However, the politicians, the pundits, and the public do not understand (or, if they do, are misleading folks) about its nature.  The Republicans mostly say that it was the will of the Framers, and that is just not only incorrect, but a lie.  In fairness, the Democrats said the same thing when they were in the minority.  Most of the pundits have it wrong as well.  Please follow and I shall explain what it was, and now is.

Updated with Corrections Re: 9th Circuit legalizes torture

Crossposted at Daily Kos

Update #2: It has been brought to my attention that my initial analysis on the subject of this diary, originally titled “SCOTUS legalizes TORTURE and creates legal ‘unpersons'”, and then edited to state 9th Circuit . . .  is factually incorrect. I apologize for the confusion and will be writing a thorough dairy tomorrow based on the facts of the ruling by the 9th Circuit court.

    I have left the full text of the original diary intact below the fold and will be glad to be further corrected. I seek to learn as well as to share what knowledge I have.

    But I will ask this: When? When do we start to see accountability, for the super rich, for the Corporations and their CEO class, and for the crimes and other excesses of the politically powerful. When?

Thank you, and apologies to all.

Cheers

Obama: 3/5 of a President

While we were all shopping and arguing over whether or not fruitcake is fit for human consumption, Obama decided to go to bat and fight for someone.   Who was he fighting for?   The torturers of the Bush administration, that’s who.   Oh, and anyone else in the United States government who wants to torture and violate the human rights of others.

As Chris Floyd reports, The United States is now legally free to torture whomever it wants, thanks to the Supreme Court of the land, and the political power weilded by Barrack Hussein Obama.

It happened earlier this week, in a discreet ruling that attracted almost no notice and took little time. In fact, our most august defenders of the Constitution did not have to exert themselves in the slightest to eviscerate not merely 220 years of Constitutional jurisprudence but also centuries of agonizing effort to lift civilization a few inches out of the blood-soaked mire that is our common human legacy. They just had to write a single sentence.

Here’s how the bad deal went down. After hearing passionate arguments from the Obama Administration, the Supreme Court acquiesced to the president’s fervent request and, in a one-line ruling, let stand a lower court decision that declared torture an ordinary, expected consequence of military detention, while introducing a shocking new precedent for all future courts to follow: anyone who is arbitrarily declared a “suspected enemy combatant” by the president or his designated minions is no longer a “person.”  They will simply cease to exist as a legal entity. They will have no inherent rights, no human rights, no legal standing whatsoever — save whatever modicum of process the government arbitrarily deigns to grant them from time to time, with its ever-shifting tribunals and show trials.

And people wonder what this “hatred” is towards Obama.   “I didn’t get my pony?” they ask?   Ha.  They have no idea.   I hate Obama for the same reasons I hate Bush.  Why?  Because Obama IS Bush.   His administration is one and the same as the Bush administration, and I mean that quite literally when it comes to justice, human rights, and the wars.    ALL THE SAME PEOPLE are running the show, and we know that Bush’s Justice Department is a bunch of corrupt, human rights-violating  flunkies recruited from the ranks of the “religious right”.    And they are still in office, fighting for their hatreds

Now Obama is not just passively letting these people continue the Bush/Cheney yearas, he is going out of his way to enable  them.  

He is putting his name to the most egregious violations of human rights in this nation’s history.  

What’s really pathological is that he is shitting on the very system that freed African American people, of which he is a gene-carrying member.  

More from antiwar.com:


US: Guantanamo Prisoners Not ‘Persons’

by William Fisher,

In the wake of the U.S. Supreme Court’s refusal Monday to review a lower court’s dismissal of a case brought by four British former Guantanamo prisoners against former defense secretary Donald Rumsfeld, the detainees’ lawyers charged Tuesday that the country’s highest court evidently believes that “torture and religious humiliation are permissible tools for a government to use.”

The U.S. Circuit Court of Appeals in Washington, D.C., had ruled that government officials were immune from suit because at that time it was unclear whether abusing prisoners at Guantanamo was illegal.

Channeling their predecessors in the George W. Bush administration, Obama Justice Department lawyers argued in this case that there is no constitutional right not to be tortured or otherwise abused in a U.S. prison abroad.

Ironically, the first African American president is promoting a policy frighteningly familiar to the Dred Scott decision of yesteryear:


“Another set of claims are dismissed because Guantanamo detainees are not ‘persons’ within the scope of the Religious Freedom Restoration Act – an argument that was too close to Dred Scott v. Sanford for one of the judges on the court of appeals to swallow,” he added.

The Dred Scott case was a decision by the United States Supreme Court in 1857. It ruled that people of African descent imported into the United States and held as slaves, or their descendants – whether or not they were slaves – were not protected by the Constitution and could never be citizens of the United States.

Thanks, Obama.   Next time someone calls you an “Uncle Tom” I simply won’t cringe.  I might even nod.   I might even say “hell yeah.”

The Swiss Minaret Vote – Now that some of the dust has settled…

As probably everyone has heard by now, the Swiss sovereign voted by about 57% of the popular vote and the assent of 22 of the 26 full and half-cantons (States) to write into our Constitution that the construction of new minarets is banned, and this despite opposition to this People’s Party-supported initiative from the government, from parliament, from all parties (except the People’s Party and the fringe Protestant Democratic Party), the unions, the churches, industry, banking – pretty much every establishmentarian institution.

I’m not happy about the ban – it was a pointless affront to a section of our population.  Swiss zoning laws are arbitrary and byzantine enough to stop virtually anything if the local population put their mind to it, so the ban was not necessary.  True, a minaret is not essential for a mosque, but it’s only the conservative fringe like the Wahhabis who are actually opposed to it.  The call of the muezzin is banned anyway (not consistent with noise regulations- and it would be drowned out by church bells).

The vote was in some elements misdirected, but in others it spoke to legitimate concerns.  Popular votes are a rum thing, and you’re only given the option of voting “yes” or “no”, there is no possibility of a nuanced response.  But I certainly don’t think it is any “crisis of democracy”, or “failure” of anything except the failure of the political elites to deal with the issues that led to the “yes” vote.  

Inside a Prison Outside the Law

Mother Jones {MoJo} Drumbeat brings the link to the site for the book The Guantanamo Lawyers: Inside a Prison Outside the Law

Read exclusive excerpts from narratives by the attorneys who have represented Guantanamo Detainees, at above link

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