Archive for the ‘Constitutional Issues’ Category

A Stark Contrast Between Liberty and Tyranny

Wednesday, August 4th, 2010

“Does the U.S. Constitution limit the federal government to a few, specifically enumerated powers, with all other powers retained by the states or the people? Or is it a blank check for tyranny?”…

“At a July 24 town hall meeting Rep. Fortney “Pete” Stark (D-Calif.) offered up the quintessential political elitist’s answer to the question of whether or not the Constitution limits the federal government in any meaningful way. Said Stark: “The federal government … can do most anything in this country.”

Complete column by Michael Tennant and video of Rep. Stark @ http://www.thenewamerican.com/index.php/usnews/constitution/4211-a-stark-contrast-between-liberty-and-tyranny

Democrats Take a Pass on Civil-Liberties Reform

Monday, October 19th, 2009

“…it almost looked like Democrats were going to put up a fight on the PATRIOT Act as it came up for reauthorization. With a majority in Congress, a clear list of reforms set out by Russ Feingold and six other Democrats in the JUSTICE Act, and a president who had presented himself as a friend to civil libertarians, it certainly seemed possible.”…

“Last week, the administration outmaneuvered most congressional efforts to strengthen civil-liberties protections in the PATRIOT Act reauthorization, inserted provisions in the Homeland Security appropriations bill that would prevent the release of torture photographs that are the subject of a pending FOIA request, and is now poised to sign a defense authorization bill that contains changes to the military commissions that fall short of what the administration itself said might be overturned by the appellate courts.”

Adam Serwer at The American Prospect looks at the latest betrayal http://www.prospect.org/cs/articles?article=democrats_take_a_pass_on_civil_liberties_reform

Prof. Gates’ Unconstitutional Arrest

Thursday, July 30th, 2009

“The now-infamous Gates story has gone through the familiar media spin-cycle: incident, reaction, response, so on and so forth. Drowned out of this echo chamber has been an all-too-important (and legally controlling) aspect: the imbroglio between Harvard Professor Henry Louis Gates, Jr., and Cambridge Police Sgt. James Crowley has more to do with the limits (or breadth) of the First Amendment than with race and social class. ”

“The issue is not how nasty the discourse between the two might have been, but whether what Professor Gates said–assuming, for argument’s sake, the officer’s version of events as fact–could by any stretch of both law and imagination constitute a ground for arrest for “disorderly conduct” (the charge leveled) or any other crime.”

Harvey Silverglate explains Freedom of Speech @ http://www.forbes.com/2009/07/28/gates-crowley-arrest-first-amendment-free-speech-harvard-opinions-contributors-harvey-a-silverglate.html?partner=email

Martial Law and the War on Terrorism

Wednesday, July 29th, 2009
 ”The New York Times reported last week that the Bush administration considered sending in the U.S. military to arrest the so-called Lackawanna Six in 2002. Ironically, one of the worst prosecutorial overreaches by the Justice Department in the war on terror almost resulted in a temporary period of martial law.”
“The Lackawanna Six was a group of half-a-dozen Yemeni-Americans from a Buffalo suburb who traveled to Pakistan and Afghanistan in the spring and summer of 2001 and attended an al-Qaeda training camp. Some members of the group asserted that they fled the camp after they heard appeals for violence against America.”

Full column by James Bovard @ http://www.fff.org/comment/com0907j.asp

 

 

Hold the Torturers Accountable

Tuesday, May 26th, 2009

” “Enhanced interrogation” as some prefer to call it, has been used throughout history, usually by despotic governments, to cruelly punish or to extract politically useful statements from prisoners. Governments that do these things invariably bring shame on themselves.”

“In addition, information obtained under duress is incredibly unreliable, which is why it is not admissible in a court of law. Legally valid information is freely given by someone of sound mind and body. Someone in excruciating pain, or brought close to death by some horrific procedure, is not in any state of mind to give reliable information, and certainly no actions should be taken solely based upon it.”

“For these reasons, it is illegal in the United States and illegal under Geneva Conventions. ”         Full Column by Rep. Ron Paul @ http://original.antiwar.com/paul/2009/05/25/hold-the-torturers-accountable/

The Sotomayor Nomination

Tuesday, May 26th, 2009

Cato adjunct scholar Richard Epstein looks at the nomination of Sonia Sotomayer to the Supreme Court, and finds potential trouble for property rights @ http://www.forbes.com/2009/05/26/supreme-court-nomination-obama-opinions-columnists-sonia-sotomayor_print.html