Below is today’s column, which concerns the subject upon which I will be testifying this morning before the full House Judiciary Committee: recess appointments.
Continue reading “Abuse Of Power: Obama’s Recess Appointments And The Constitution”
Category: Constitutional Law
Below is my testimony this morning before the full House Judiciary Committee on the constitutionality of the recent recess appointments by President Obama. I also wrote a column this morning on that same subject.
Continue reading “Turley Testimony on the Constitutionality of Recess Appointments”
The new Libyan government has adopted many of the habits of its previous regime like torture and it can now add homophobic leadership. Libya’s new United Nations delegate to the U.N. Human Rights Council used a resolution to combat violence based on sexual orientation to denounce homosexuals as threatening the survival of the human race.
Continue reading “Libyan U.N. Envoy Denounces Gays and Lesbians As Threatening Humanity”
By Mike Appleton, Guest Blogger
In Portrait of the Artist As A Young Man, Stephen Daedalus is asked by his friend Cranly whether, having forsaken Roman Catholicism, he will become a Protestant. “I said I had lost the faith,” he replied, “but not that I had lost selfrespect. What kind of liberation would that be to forsake an absurdity which is logical and coherent and to embrace one which is illogical and incoherent?”
But God works, as they say, in mysterious ways. A black man, accused of being secretly a Muslim, a socialist and an illegitimate pretender to the presidential throne, has accomplished what all of the post-Vatican II reconciliation committees and joint worship services and inter-faith conferences could not. Rev. Mike Huckabee has declared that Protestants will at last abandon illogic and incoherence. No longer will the Pope be called the Antichrist, nor Holy Mother Church the Whore of Rome. Once again, he says, we are all Catholics. My late Irish grandmother’s faith has been vindicated.
-Submitted by David Drumm (Nal), Guest Blogger
Since the United States Conference of Catholic Bishops (USCCB) has rejected Obama’s contraception compromise, and since House Speaker John Boehner (R-Ohio) has called the mandate unconstitutional, it’s a good time to look at what the Supreme Court has decided. A critical case is Employment Division v. Smith (1990) in which J. Scalia wrote the opinion for the 6-3 majority. Although there has been a torrent of invective regarding the Smith decision, I find it well-argued and compelling.
While the Sioux tribe in North Dakota is fighting the use of “Fighting Sioux,” the Suing Sioux of South Dakota are in federal court with a rather novel (and in my view thoroughly frivolous) lawsuit of their own. The Oglala Sioux Tribe of South Dakota is suing the largest beer makers for contributing to the corruption and abuse of members of South Dakota’s Pine Ridge Indian Reservation by supplying alcohol through local stores. The tribe is demanding $500 million in damages for the cost of health care, social services and child rehabilitation.
Television producers in Egypt have been shooting the novel “Dhat” by Egyptian author Sonallah Ibrahim. The problem is that the novel takes place in the 1970s “when women wore short clothing.” That will not do for professors and students at Cairo’s Ain Shams University who forcibly stopped the shooting because the clothing was indecent during that period. Presumably, they could shoot the film so long the characters are dressed according to current Islamic standards — much like requiring a film on Woodstock to be filmed with women in prairie dresses.
The top Saudi clerics have found another person to execute for free speech. We have previously seen a number of people accused of blasphemy for brief tweets or Facebook entries or even reading a book or speaking insulting thoughts at prayer. There is now a campaign to execute 23-year-old journalist Hamza Kashgari for a tweet that he sent to Mohammad on his birthday about Kashgari’s faith. There is no evidence that Mohammad is actually one of his followers but Mohammad’s followers are pretty ticked and labelled Kashgari an “apostate” who must be killed for his offense to Islam.
The Ninth Circuit has ruled 2-1 in the long-awaited sex-sex marriage case and affirmed the lower court in finding the law unconstitutional. Eighteen months ago former Chief U.S. District Judge Vaughn Walker struck down the ban on same-sex marriage. Judge Stephen Reinhardt wrote the lengthy opinion below upholding Walker and striking down the law. The Court ruled that “[b]y using their initiative power to target a minority group and withdraw a right that it possessed, without a legitimate reason for doing so, the People of California violated the Equal Protection Clause.”
The Iranian Supreme Court has added its authority to the campaign against free speech in the Islamic Republic by upholding the death sentence of Iranian-born Canadian resident Saeid Malekpour, who is charged with “insulting the sanctity of Islam” and “corruption on earth.” Malekpour was arrested while visiting his ailing father because his photo-uploading software was used by a porn website even though it appears to have been done without his knowledge. Citizens around the world have rallied to his side, but the court insisted that Sharia law demands death.
By Mark Esposito, Guest Blogger
Last Sunday, most U.S. Catholics heard a letter read from the pulpit imploring them to oppose the Obamacare provision requiring most healthcare plans to cover contraceptive services for women. The reason given was that Catholic hospitals and universities would have to “shutter their doors” in order to avoid heresy and be true to the faith. As part of the concerted effort, the chairman of the U.S. Bishops’ Committee on Religious Liberty announced that the Obama administration’s requirement goes against “the mandate of Jesus Christ.” Even though the earthly mandate contains an exemption for purely religious organizations, the all-male U.S. Conference of Catholic Bishops is clearly on the offensive in this politically charged debate about women, privacy, and the right of families to decide for themselves the number of children they can support.
Continue reading “Catholics, Contraception & The Heretical 98%”
Despite widespread predictions to the contrary, a federal court in Salt Lake City has ruled that the Sister Wives challenge of the statute anti-polygamy law can go forward and denied the effort to dismiss the lawsuit. The long and detailed ruling of United States District Court Judge Clark Waddoups agreed with our arguments that we have standing to challenge the state law. The standing question has long been discussed as the most significant barrier for the family in seeking a ruling on the merits. Prior such challenges have been denied at the standing stage.
Continue reading “Federal Court Rules Sister Wives Case Can Go Forward”
The respected Reporters Without Borders has issued its annual report and ranking of press freedom. You might have some initial difficulty locating the United States . . . it is 27 points lower on the ranking due to the mistreatment of journalists in this country. You will find us just after Comoros and Taiwan and in the company of Argentina and Romania. In the recent column on “10 Reasons The U.S. Is No Longer The Land Of The Free,” I was not able due to space to include press freedoms and others. This report, however, should be a wake up call for civil libertarians.
Submitted by Gene Howington, Guest Blogger
The 5th Amendment of the U.S. Constitution reads:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The language is clear. There is no reasonable alternative construction or deconstruction of the language that renders any permutation of the right against self-incrimination to yield a contrary result. You don’t have to offer testimony against yourself in a criminal proceeding in any court of law. Ever. In what seems an ever increasing and endless assault on the civil rights of American citizens, even this right spelled out in plain language is under attack. This time the alleged assailant is U.S. District Court Judge Robert Blackburn, a George W. Bush appointee. Judge Blackburn has ordered a criminal defendant to produce a unencrypted version of an encrypted hard drive. While several lower courts have addressed this issue, the Supreme Court has yet to weigh in on it. That may change.
But is the 5th Amendment really under attack here? The 5th Amendment applies to testimony. The issue at hand here is production of evidence. Different standards and protections can apply to compelling the production of evidence. The case in front of Judge Blackburn is U.S. v. Fricosu.
Respectfully submitted by Lawrence Rafferty (rafflaw)–Guest Blogger
Here in Illinois it is currently illegal for citizens to audio tape record public officials while they are doing their public duty, even in public. “Illinois’ eavesdropping ban was extended in 1994 to include open and obvious audio recording, even if it takes place on a public street where no expectation of privacy exists and in a volume audible to the “unassisted human ear.” ‘ Chicago Tribune When I first heard of this law, I was at first shocked and then my shock turned to anger. The police can make recordings of citizens out in public while they are in the midst of a traffic stop or even when one is exercising their First Amendment rights on the streets of Chicago. But, private citizens are not allowed to record those same police officers when they abuse the public or take liberties with constitutional guarantees. Continue reading “Eavesdropping on the Police”