Category: Congress

Academia, Congress, Constitutional Law, Courts, Environment, Free Speech, International, Justice, Media, Politics, Society, Uncategorized

President Obama Disappoints, Why the Surprise?

Submitted by: Mike Spindell, Guest Blogger

495px-Constitution_of_the_United_States,_page_1Those who’ve read my comments here through the last two Presidential elections, know that I supported and voted for Barack Obama twice. Yet President Obama has been a disappointment to me throughout his Administration. His continuing support of what I consider extra-Constitutional intelligence gathering is a terrible thing. That Guantanamo Bay is still functioning is a continuing human rights violation. The continued American troop presence in both Iraq and Afghanistan is as disgraceful as the reasons that caused us to be there in the first place. Bradley Manning is an American hero that this country is illegally torturing with this President’s approval. The entire issue of the rising deficit and of a mythical “Fiscal Cliff” is one the President gives credit to, thus making it seem real to the public, while those decrying it merely are using it as a means of destroying America’s already frayed “social safety net”. The escape from criminal prosecution of the Bush Administration for War Crimes time has passed. The financial titans who collapsed our economy with their fraudulent manipulations will not be brought to justice, only become wealthier. The continuance of prosecuting the “War on Drugs” after we’ve seen marvelous public initiatives legalizing marijuana at State Levels, is a cruel hoax that destroys the lives of people in the name of protecting the citizenry. Need I go on to make the point of how disappointing this Administration has been? It would take tens of thousands of more words to do so, but then in this erudite group of those readers of this blog, it would be unnecessary, because so many here could do it on their own and perhaps better than I can.

Where I get confused at times here is in the continuing surprise that is expressed with each new violation of our rights, with each new foreign incursion and with the continued militarization of this country as it “goosesteps” towards the creation of an Empire. I get confused because I fail to understand why people who know better, would think that someone else as President could prevent all of these atrocious occurrences. This confusion is re-enforced by the fact that this blog has continually presented evidence that this country is no longer, if indeed it has been, under the aegis of our beloved Constitution. Leading the evidence presented here was Jonathan Turley’s blog post ”10 Reasons The U.S. Is No Longer The Land Of The Free”. http://jonathanturley.org/2012/01/15/10-reasons-the-u-s-is-no-longer-the-land-of-the-free/  As our esteemed proprietor followed up this post was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. At the end of this piece I will give links to my own guest blogs which have also reinforced the idea that we are no longer the country of freedom that our establishment claims we represent. Thus comes my somewhat confused question as to why would we the denizens of this blog think that barring action by the people, that our President, or any other governmental officials could single-highhandedly return us to the ideals of our constitution. Continue reading “President Obama Disappoints, Why the Surprise?” →

Congress, Constitutional Law, Courts, Free Speech, Justice, Media, Politics, Supreme Court

FISA Extension Gets a Bipartisan Pass

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

It is always rare in Washington these days when a bipartisan majority passes any bill in the House of Representatives or the Senate.  However, while most of the media interest last week was fixed on the so-called “fiscal cliff” negotiations and the subsequent legislation that was passed and signed into law, maybe the media missed the more important legislation.  That missed legislation was a 5 year extension of the FISA amendments that was granted by the Senate in a bipartisan 72-23 vote last week.  “The Senate voted 72-23 last week to extend the FISA Amendments Act another five years, which President Obama signed Sunday. Unfortunately, the public discussion of George W. Bush’s warrantless wiretapping program may soon fade back into the shadows.”  ACLU

This is a continuation of the same Bush-era FISA bill that was alleged to spy on almost anyone’s electronic communication, all without warrants.  So, instead of sunshine being used to bring some accountability and transparency to this secret spying, for Five more years, American’s phone calls and text messages can be monitored almost at will by the government with little or no judicial restraint.  What is Congress and the Intelligence community hiding from the American people? Continue reading “FISA Extension Gets a Bipartisan Pass” →

Congress, Constitutional Law, Politics, Religion, Society

Group Challenges Different Treatment By IRS of Religious and Non-Religious Groups

170px-rembrandt_harmensz-_van_rijn_079-1The Wisconsin-based Freedom from Religion Foundation (FFRF) has filed a lawsuit with the Internal Revenue Service that raises an interesting question. The group challenges the government’s different treatment of religious and non-religious non-for-profit organizations. While tax-exempt 501(c)(3) nonprofit organizations must file a detailed application form, fee and annual information to obtain and maintain their tax-exempt status, churches and other religious organizations are exempted from the requirement to file the reports and fees. The lawsuit alleges that the added expensive and detailed paperwork is a form of discrimination against non-religious groups.

Continue reading “Group Challenges Different Treatment By IRS of Religious and Non-Religious Groups” →

Congress, Constitutional Law, International, Media, Politics, Society, Uncategorized

Liberté,Egalité, Fraternité: French Court Strikes Down 75 Percent Tax on Rich

libertyFor months, I have criticized the tax policies of France’s Socialist President Francois Hollande, particularly the confiscatory 75 percent tax rate for the wealthiest French. In addition to being in my view unfair, it is extremely bad economic policy. France’s Constitutional Council now appears to agree — at least on the equitable side. On Saturday, the Council rejected a 75 percent upper income tax rate on annual income above 1 million euros ($1.32 million) as an unfair treatment of different households. Popular figures like French actor Gerard Depardieu have opposed the tax and even left the country. The French experience should get some in the United States to dial down on our own over-heated rhetoric on economic policy. (Yes, I will now vent a bit on economic policy).

Continue reading “Liberté,Egalité, Fraternité: French Court Strikes Down 75 Percent Tax on Rich” →

Congress, Constitutional Law, Free Speech, Justice, Politics, Religion, Society

The Latest Tea Party Darling

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

Lost in the headlines about the Fiscal Cliff and the tragedy at the Sandy Hook Elementary School, was the gubernatorial appointment to the United States Senate seat being vacated by Sen. Jim DeMint.  Sen. DeMint was arguably the Tea Party’s Senator and his impending departure from the Senate to accept the position to head up the Heritage Foundation would have left a gaping hole in the Tea Party’s influence in the Senate.  There is nothing to worry about because South Carolina Governor Nikki Haley named Tea Party Congressman Tim Scott to replace DeMint in the Senate.  Rep. Scott was just elected to the House of Representatives in 2010 and has already made a big name for himself in the Tea Party world by suggesting that President Obama should be impeached if Obama attempted to go around the House of Representatives during the last debt ceiling fiasco! Continue reading “The Latest Tea Party Darling” →

Academia, Congress, Constitutional Law, International, Media, Military, Politics, Society, Things That Tick Me Off, Uncategorized

“The Fiscal Cliff” an Example of Myth and Propaganda

Submitted by: Mike Spindell, guest blogger

gold-dollar-signI don’t know about you but I was certainly happy that I woke up this morning. For a few years now there has been great speculation that the world was going to end yesterday. As I fell asleep about 1:00pm last night it was with knowing that in Mexico it was three hours earlier and so that the dread prediction of the world’s end by the Mayan Calendar still may have been possible. The whole idea was a blatant misrepresentation of Mayan belief and hoax-like, yet that didn’t prevent many from making this non-story into yet another way to frighten people. Frightening people with made-up nonsense seems to be a human trait and certainly has been exploited throughout history for one sort of gain or another.

Fear not though, because just as the collective We has just bitten one bullet, another comes along to frighten us once again with disaster and that “disaster” will occur on December 31, 2012, as we come to the end of another turmoil ridden year in societal intercourse. I’m writing, of course, about the “Looming Fiscal Cliff” that has been so very prominent in what our mainstream media calls “news and commentary” and our leaders of both parties call governance. My opinion and that of many others with far more economic expertise than myself, is that the “Fiscal Cliff” is a mere “bogeyman”, used by those politicians on the Right and the Left as leverage to accomplish their particular political agendas.

Since one of the interests of this blog is the Constitution and the consequent Rule of Law that should be its’ result, this comes within our purview because serious issues of national interest are being driven by false mythology grown to myth like proportion. Let’s look at what is behind this mythology and its propaganda. Continue reading ““The Fiscal Cliff” an Example of Myth and Propaganda” →

Bizarre, Congress, Politics

Congress Posts Critical Copyright Report . . . Then It Vanishes

260px-capitol_building_full_viewWe have repeatedly discussed the absurdity of U.S. copyright laws and how law firms have become virtual thug patrols threatening average citizens with ruin over small copyright violations. President Obama has been repeatedly criticized for being in the pocket of “copyright hawks” and lobbyists who have used the Administration to increase the penalties and scope of these laws. The Congress has also been a virtual extension of industry groups and lobbyists in the area. For that reason, many people were shocked when Rep. Jim Jordan published a critical report entitled RSC Policy Brief: Three Myths about Copyright Law and Where to Start to Fix it.” It was a strong condemnation of how these laws are not stifling creativity and various industries. It was the first such report anyone could remember that was not written by lobbyists for draconian copyright laws. Then it was gone. Gone. According to various sites, the eight page document was removed from the website. Some sites opined that the various industry groups saw it and quashed it — but not before some sites like the one below copied it.

Continue reading “Congress Posts Critical Copyright Report . . . Then It Vanishes” →

Congress, Criminal law

Michigan Legislature Passes Law To Allow Concealed Weapons In School [Updated]

180px-School_Bus_-_Thomas_-_Ledgemere_Transportation_-_4thumb_blue_gun_alex_fernandez_01We previously discussed the suggestion by a member of Congress that the Connecticut massacre could have been avoided if only teachers were carrying M-4 assault rifles. Now the Governor of Michigan is considering bringing that a little closer to reality with a bill that would allow concealed guns in public schools. Referring to the Connecticut massacre, Senator Tom Casperson, the Republican sponsor of the bill, said “to me it gives [teachers] a chance.” [Update: the Michigan Governor Rick Synder has vetoed the legislation]

Continue reading “Michigan Legislature Passes Law To Allow Concealed Weapons In School [Updated]” →

Bizarre, Congress, Criminal law, Media, Politics

Lieberman Calls For Action On Violent Video Games After Connecticut Murders

121217-adamLanza-vsmall.380;380;7;70;0220px-joe_lieberman_official_portrait_2Yesterday, we discussed how various people have used the massacre in Connecticut to call for everything from gun control to new social programs and prayer in school. Now, Sen. Joe Lieberman (I-Conn.), a long advocate for censoring music and speech, added his own take: crackdown on violent video games. Lieberman described Adam Lanza of having a “hypnotic involvement” with the games and called on Congress to get involved.
Continue reading “Lieberman Calls For Action On Violent Video Games After Connecticut Murders” →

Academia, Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Politics, Religion, Science, Society, Supreme Court, Uncategorized

The Specious Roots of the Anti-Abortion Controversy

Submitted by: Mike Spindell, guest blogger

ImageI originally had a guest blog planned for today on a completely different topic, but I ran across an article in Friday’s Huffington Post, that changed my direction. Since I was a youth I have been aghast at the fact that I grew up in a country where such things as homosexuality and abortion were prohibited by law.  It seemed like this was too personal an interference by the State into the personal affairs of people and that this interference often ruined people’s lives. Then too, I grew up in New York State, where for so many years divorce was unobtainable leading to such ridiculousness as Governor Nelson Rockefeller’s wife having to establish Nevada residence in order to obtain a divorce from him. It seemed to me then, as it seems to me now, that religious dogma had no business invading our legal system.

Although there were many prior years of a movement building up in support of abolishing Abortion Laws, the decision of Roe vs. Wade in 1973 http://en.wikipedia.org/wiki/Roe_v._Wade  was a breathtaking and welcome surprise. Immediately after, however, there started the blow-back against that decision that almost forty years later continues with fervor and intensity. The opposition cites “The Bible” as the source of their angry opposition and claims that their religion, as encoded in “The Bible” describes abortion as murder, with the life of the child beginning at fertilization. When they quote “The Bible” of course they mean the “New Testament” and what they call “The Old Testament”.  Jews actually don’t recognize the term “Old Testament”, to us it is called the “Torah”, since Jews believe that their “Torah” was never replaced by a “New Testament”. The anti-Abortionists need to cite the “Torah” for their beliefs, since the Gospels don’t discuss the abortion issue. Like much that exists in Christian Dogma today, there is a need to cite the “Torah” for their beliefs since there is no evidence in the Gospels that Jesus ever spoke on some matters. Christian “Torah” citation though is haphazard in that they choose what portions to recognize and what portions to ignore. The sentiments of those Christians against abortion are based in the “Torah”. What if their citation of this venerable book stemmed from an incorrect translation of it many, many centuries ago? If they cited it incorrectly in the first instance, doesn’t that destroy their whole argument that abortion is murder in God’s eyes, especially if the writers of the “Torah” never understood abortion to be murder? This is what I’d like to discuss. Continue reading “The Specious Roots of the Anti-Abortion Controversy” →

Congress, Politics, Society

Crying Fowler: Top Drafter of ObamaCare Returns From Whence She Came

250px-Max_S_Baucus300px-Revolving_DoorWe have previously discussed the obscene relationship between industry and Congress with staffers and members pushing through key legislation and then being given lucrative positions by industry. The pharmaceutical and telecommunication industries are particularly notoriously for such revolving door arrangements. Other members lobby for these industries after leaving office and current officeholders like President Obama have accepted money from lobbyists (despite his pledge not to). Now the top staffer to Democratic Chairman of the Senate Finance Committee, Max Baucus, who drafted Obamacare has reportedly accepted a prime position with Johnson & Johnson’s government affairs and policy group. Her name is Elizabeth Fowler and demonstrates that the Democrats are little better in this revolving door practice. Indeed, the ever revolving Fowler is an amazing example of how industry controls not just the drafting but much of the legislation in Congress.
Continue reading “Crying Fowler: Top Drafter of ObamaCare Returns From Whence She Came” →

Congress, Criminal law, Politics

Gallup: Sixty-Four Percent Of Americans Want Obama Administration To End Crackdown On Marijuana

marijuana_leafPresObamaWe discussed earlier how the top Justice Department attorney in Washington State said that the federal government would not yield to the state referendums legalizing marijuana use and possession. This followed a statement the day after the election that the Administration would not change their policy on targeting marijuana, including medical marijuana. However, a new Gallup poll shows an impressive 64 percent of Americans object to the enforcement in state legalizing or decriminalizing pot. Only 34 percent supported the continuation of the Obama policy.

Continue reading “Gallup: Sixty-Four Percent Of Americans Want Obama Administration To End Crackdown On Marijuana” →

Congress, Politics

Report: United States Now Borrowing 46 Cents of Every Dollar It Spends

180px-United_States_one_dollar_bill,_obverseThe Congressional Budget Office has released its latest report and it contains this rather distressing fact: the federal government is now borrowing 46 cents of every dollar spent in fiscal year 2013. I have long been a critic of the fiscal policies of both parties, but it is astonishing that the American people have not thrown out the whole lot of these people — Democratic and Republican. We look like an utter ship of fools as politicians allow the country to drift toward an unprecedented financial collapse. In the meantime, the Administration is borrowing this money to simply give Israel a $100 million building complex and pour billions into corrupted governments in Iraq and Afghanistan.  China of course continues to hold much of our debt and is going on a buying spree in the U.S.

Continue reading “Report: United States Now Borrowing 46 Cents of Every Dollar It Spends” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Media, Military, Politics, Supreme Court

NDAA Double Cross

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

When United States District Judge Katherine Forrest blocked the implementation of Section 1021 of the infamous National Defense Authorization Act in May of this year, I thought that legal civilians of all stripes were saved from being at risk of imprisonment without trial or due process. However, an appeals court stayed Judge Forrest’s injunction and the appellate court has allowed the indefinite detention provision to be reinstated during the appeal time frame.  Business Insider

Naomi Wolf of the Guardian explains why a group of journalists sued to block the implementation of Section 1021 in the first place. “As I reported here, last spring a group of journalists and activists including Chris Hedges, Noam Chomsky and Tangerine Bolen, led by counsel Bruce Afran and others, sued President Obama to halt the implementation of Section 1021 in the National Defense Authorization Act (NDAA), which would have allowed for the indefinite detention of Americans without charge or trial. The vague definition of who could be detained included individuals who were seen to provide “substantial support” to al-Qaida’s “associated forces” – wording that provided no protection for journalists interviewing, for example, detainees in Guantánamo, or activists and advocates working with prisoners on their cases.”  Readersupportednews  Continue reading “NDAA Double Cross” →