Category: Constitutional Law

Morocco High Council Issues Fatwa To Kill Those Who Renounce Islam

stoningThe two most serious threats to religious critics remain blasphemy laws and apostasy laws in Muslim nations, which deny citizens the right to free speech and association on matters of religion. Apostasy is particularly lethal since Muslims in many countries follow what they believe to be the need to kill anyone who renounces Islam. Morocco’s Higher Council of Religious Scholars (CSO) has this week taken a step back in time with a fatwa demanding the death penalty for Muslims who renounce their faith. In the Hadith, Bukhari 52:260 quotes Mohammad as saying “If somebody [a Muslim] discards his religion, kill him.”

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From Big Gulp To Big Brother: Bloomberg Calls For Reduction of Constitutional Protections

bloombergMayor Michael Bloomberg appears to be moving beyond dictating what people can drink and eat in his city despite judicial rulings finding his policies in violation of the Constitution. Bloomberg joined the Pavlovian response of politicians this week in calling for a reduction in civil liberties in response to the Boston Marathon bombing. Bloomberg warned citizens that the Constitution will “have to change” to allow for greater security to stave off future attacks.

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Stopping The Rant By Denying The Right: North Carolina School Shuts Down Radio Program After Complaint From State Representative

MichaelStoneNCState Rep. Mike C. Stone (R-NC), left, is being accused this week of pressuring the closure of a weekly radio program at the Central Carolina Community College called “The Rant.” Stone appears remarkably sensitive as a politician to criticism and contacted the school about the program and its funding. CCCC President T.E. “Bud” Marchant reportedly responded to the pressure by tossing out any notions of journalistic and academic independence, though he denies the program was shutdown over “content.”

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Wynter of Discontent: Justice Minister Declares “No Room For Gays” In Zambia

screen-shot-2013-04-22-at-7-46-45-amZambia’s justice minister Wynter Kabimba has gone public with his opposition to efforts to protect gays and lesbians in his country. Kabimba, who is also secretary general of the Patriotic Front, unleashed a tirade against gay rights this week and what he views as an international conspiracy to spend “colossal sums of money” to promote homosexuality. He is just the latest African leader to strike out at gays and lesbians.

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New York Senator Calls For The Torture Of Boston Bombing Subject

200px-Gregball2UnknownNew York State Senator Greg Ball (R) took little time after the Boston bombing to call for the torture of 19-year-old Dzokhar Tsarnaev. Ball went to Twitter to call for the teenager to be tortured in the name of all of the values we hold dear as Americans.

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West Virginia Teen Arrested After Refusing To Remove NRA T-Shirt

article-2312730-196C26EA000005DC-284_634x354There is an interesting free speech case brewing in West Virginia where Jared Marcum, 14, has been criminally charged for refusing to remove a T-shirt with National Rifle Association’s logo and hunting rifle. The T-shirt was found in violation of Logan Middle School’s dress code. However, regardless of how you feel about gun rights, the T-shirt was the expression of a recognized constitutional right and constitutes political speech.

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Kansas District To Force Students To Attend Lecture On Dinosaurs By Creationist Group

docphoto220px-Triceratops_AMNH_01The Palinotologists are back. A Kansas school district is refusing to back down from a plan for mandatory assemblies featuring a creationist group to explain the history of dinosaurs. Despite overwhelming data and testing showing the world is millions of years old, many creationists insist that Earth is only a few thousand years old. Dinosaurs represent a bit of a problem of course. The solution, as famously stated by that American intellectual Sarah Palin, is that men co-existed with dinosaurs. Hugoton Public Schools invited Creation Truth Foundation’s founder Dr. G. Thomas Sharp to teach the “Truth about Dinosaurs” at two assemblies. Hugoton Public Schools superintendent Mark Crawford however insists that students must hear about science from this biblically based group.

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Not So Gladd: Clinton Heckled In Receiving Award For Opposing Law He Created In Denial Of Gay Rights

225px-Bill_ClintonLast week, President Bill Clinton accepted GLAAD’s ‘Advocate for Change’ Award in Los Angeles last night but not everyone was buying Clinton’s latest change of heart over gay marriage. GLADD notably left out of the award that Clinton not only signed but helped push through the Defense of Marriage Act (DOMA). This was not in 1896 but in 1996. Clinton was heckled by some in the crowd as he accepted the award as a leader on gay rights, yelling “you signed it” when he referred to DOMA as if it was some alien or GOP legislation. What is truly annoying is Clinton’s “some of my best friends are now gay” rationalization.

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Fed Up With the Fed

US-FederalReserveSystem-Seal_svg

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

In the past few weeks, I have written about how the FDIC along with the Bank of England had developed a plan to allow the Big banks to grab depositors funds  in order to bail out those very same big banks.  Since that article was written, I have reviewed just what role the Federal Reserve Bank plays and how can it be improved.  You may remember the role the Federal Reserve played in bailing out the Big Banks during the beginning of the Great Recession.

“As a result of the Government Accountability Office (GAO) audit of the Fed, Senate sponsor Bernie Sanders of Vermont said, “We now know that the Federal Reserve provided more than $16 trillion in total financial assistance to some of the largest financial institutions and corporations in the United States and throughout the world.” Among the investigation’s key findings was that the Fed unilaterally provided trillions of dollars in financial assistance to foreign banks and corporations from South Korea to Scotland. These decisions were all made without the public, media or elected officials’ knowledge, and they would have remained secret without an audit.” Bernie Sanders    Continue reading “Fed Up With the Fed”

Who is the Real Enemy of the State?

225px-Lindsey_Graham,_official_Senate_photo_portrait,_2006
Sen. Lindsey Graham, R – S.C.
The man who apparently thinks the Constitution
and our laws are optional.

or “You Might Be An Enemy Combatant If . . .”

by Gene Howington, Guest Blogger

UPDATED: You might be an enemy combatant if . . . Sen. Lindsey Graham (R – S.C.) says so.

This sounds like a bad joke, but it isn’t. The potential political misuse of the arbitrary “enemy combatant” status has been discussed here on many threads albeit usually in the form of using Executive abuse to illustrate that danger while Graham’s cavalier “suggestion” is clearly from the Legislative branch. In comments made by phone to the Washington Post’s Jennifer Rubin on Friday, April 19, Senator Graham said of the Boston bombers:

‘They were radicalized somewhere, somehow.’ Regardless of whether they are international or ‘homegrown,’ he said, ‘This is Exhibit A of why the homeland is the battlefield.’ Recalling Sen. Rand Paul’s filibuster, Graham noted that he took to the Senate floor specifically to object to Rand’s notion that ‘America is not the battlefield.’ Graham said to me, ‘It’s a battlefield because the terrorists think it is.’ Referring to Boston, he observed, ‘Here is what we’re up against,’ and added, ‘It sure would be nice to have a drone up there [to track the suspect.]’ He also slammed the president’s policy of ‘leading from behind and criminalizing war.’”

That was not the end of Graham’s disturbing posturing.

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SWAT: Is America Coming Under Martial Law, Redux

Submitted by: Mike Spindell, guest blogger

Dragnet_title_screenLike most of us I have been watching the developments in the aftermath of the Boston Marathon tragedy throughout the week. Because I’m retired I probably logged more hours of viewing it on TV than most people who are younger. The initial bombings on Monday and their aftermath made me terribly sad at the loss of innocent lives and the maiming of so many, which will have future pain and consequences for the entire lives of the victims. As a father and grandfather how could I not feel painful tears for the death of an 8 year old and the lifelong pain of his parents? Yet beyond that sadness, I also felt a sense of anxiety in my chest as I listened to the hour upon hour of cable news coverage and the analysis of “terrorism experts” aligned with prognosticators telling us what it all means.

My anxiety did not stem from fear of terrorism, because that fear is irrational. This is so not because terrorism is a chimera, but because this type of terrorism is an all too real fact of the lives of humanity and indeed while we in America have suffered it, so has the rest of the world to an even greater degree. Great Britain, Spain, Iraq, Israel, India, Afghanistan, Pakistan, Somalia etc. and so on and so forth. Life itself is always uncertain and unseen death lurks as a constant possibility for even the most protected of us. This has always been the human condition and the truth is that as the eons of human history have passed we are far safer now than our ancestors ever were. Yet it is also a human necessity to maintain the illusion of our own safety and indeed immortality. When horrors like the Boston Marathon bombings occur it tends to shake up our human illusions and engender fear. In the aftermath of these horrors though come the “explainers” whose attempts to soothe us only increase the fears. Following the “explainers” come those who would exploit the aroused fears for their personal gain or predilection. This happened in America from 9/11 and in its wake the false meme “This Changes Everything” was transformed into a reality of war, torture and the shredding of our Constitution. My anxiety was raised because as I watch this all unfold on TV I became fearful of how this new attention arousing horror would be used by those intent upon transforming this country into a Police State under the guise of saving it from terror. Continue reading “SWAT: Is America Coming Under Martial Law, Redux”

Unconstitutional Christian Assembly At Northwest Rankin High School

-Submitted by David Drumm (Nal), Guest Blogger

CHURCH STATENorthwest Rankin High School is a public high school located in Flowood, Mississippi. On Tuesday April 9th, a  student, representing Pinelake Baptist Church, addressed an assembly at the school and showed a video of two young men who had been “saved” from drugs and sex. Several students reported the mandatory assembly, during school hours, to the Appignani Humanist Legal Center (AHLC). AHLC coordinator William Burgess sent a letter of condemnation to principal Charles Frazier.

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Pavlovian Politics: Leaders Line Up To Call For Increased Surveillance In Aftermath of Boston Bombing

220px-2013_Boston_Marathon_aftermath_peopleBelow is my column today in USA Today on the Boston bombing and the call for new security laws and expanded surveillance. I have been doing interviews trying to caution against these calls for immediate action — a mantra that we hear after every attack no matter the cause. I am in Chicago today and was struck by how quickly Chicago Mayor Rahm Emmanuel called for more surveillance cameras in a city with one of the largest surveillance systems in the United States.

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Police Face Irate Mob In Arresting Teen Accused Of Anti-Semitic Attack

video18n-3-webThe video below gives an insight into the challenges that police face on a daily basis after a mob formed quickly after the police arrested a man accused of threatening a Jewish man and hurling anti-Semitic slurs. Almost immediately, a group formed accusing the police of abuse and obstructing their lawful arrest. There is no sign of abusive police conduct in the video.

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Supreme Court Rules Against Per Se Blood Testing Rule For DUI Suspects

The U.S. Supreme Court
The U.S. Supreme Court

Official Portrait of Justice Sonia SotomayorThe Supreme Court has handed down its decision in Missouri v. McNeely, which is linked below. Missouri sought to establish a per se rule that blood tests were always covered by the “exigent circumstances” exception under the fourth amendment because the alcohol blood level continues to fall with time. It was another example of how some police departments seek thoughtlessly to expand exceptions when current rules allow ample room for legitimate police needs. Only Justice Thomas voted to support such a sweeping new rule. My Supreme Court class reviewed this case and voted the same with the actual court in  rejecting the claim (9-1). The class also voted 9-1 in predicting this result in affirming the lower court. The majority opinion below was written by Justice Sonia Sotomayor.

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