Category: Constitutional Law

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?”

Missouri v. McNeely

-Submitted by David Drumm (Nal), Guest Blogger

150px-Seal_of_the_United_States_Supreme_CourtThis case, recently argued before the U.S. Supreme Court, involves a Missouri state highway patrolman who stopped McNeely’s truck for speeding at 2:08 a.m. The officer noted signs of intoxication and ordered McNeely out of the vehicle and performed a field sobriety test. McNeely performed the tests poorly and was placed under arrest. McNeely refused to consent to a breathalyzer test and was driven to a local hospital where blood was drawn without consent and without a warrant. The results of the blood test showed that McNeely’s blood-alcohol ratio was over the legal limit.

Continue reading Missouri v. McNeely

Eleventh Circuit Bars Death Row Appeal Of Indigent For Lawyer’s Failure To File $154 Fee Or A Motion Of Indigent Status

200px-HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sShortly after Christmas, the Eleventh Circuit barred an appeal from Ronald B. Smith, a death row inmate in Alabama, due to his failure to “properly file” a document by the court deadline. The filing was actually timely but his lawyer failed to include a $154 filing fee or, in the alternative, file a motion that his client was indigent. He was indigent but that did not stop the Eleventh Circuit from barring the death row appeal. The Supreme Court has twice rebuked the Eleventh Circuit for its draconian treatment of such minor rules in capital cases but the judges on that court continue to dispense with notions of equity and proportionality (and justice) in barring such appeals. It turns out that his lawyer was under probation at the time and later committed suicide.

Continue reading “Eleventh Circuit Bars Death Row Appeal Of Indigent For Lawyer’s Failure To File $154 Fee Or A Motion Of Indigent Status”

Deceptive Advertising Or Divine Puffery? ChristianMingle.Com Makes Killing On Faith-Based Dating

Christian Mingle screengrabI was interviewed this week for an article today on ChristianMingle.com. I previously published a blog article on the precarious line between false advertising and faith-based pitches at the company. My favorite fact from Paul Farhi’s article below is that ChristianMingle is an outgrowth of a Jewish dating site that has now branched out into other faiths and made a killing by bringing the goyim together.

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Obama Administration Secures 10 Year Sentence Against Medical Marijuana Grower

PresObamamarijuana_leafFor those insisting that President Obama is likely to turn over a new leaf in his Administration’s crackdown on medical marijuana, you might want to tell Aaron Sandusky who was just given 10 years in prison for operating three medical marijuana growing enterprises in California. Continue reading “Obama Administration Secures 10 Year Sentence Against Medical Marijuana Grower”

Minnesota Man Criminally Charged After Filming Police in Public

user2593-1250187527--Ramsey_County_badgeWe have been following the continuing arrests and even prosecutions of citizens who film police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. The latest has a different twist. Andrew Henderson not only had his camera taken from him by police in Little Canada, Minnesota but he was charged with violating the the federal Health Insurance Portability and Accountability Act (HIPAA) by filming officers responding to a call.

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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”

Who Is Your Co-pilot?

Or is he?
Or is he?

by Gene Howington, Guest Blogger

While touring about America’s roadways, it’s not unusual to see a vanity plate or bumper sticker that says “God Is My Co-Pilot”. It’s not unusual to see someone with a dog as a co-pilot. Can a corporation be your co-pilot?

We’ll soon find out thanks to Citizens United and Jonathan Frieman of San Rafael, California.  Mr. Frieman was pulled over for driving alone in the carpool lane.  He argued to the officer that he did actually have a passenger. In the form of articles of incorporation.  Upset (and reasonably so) over the Citizens United ruling, Frieman says he had been trying for years to get pulled over, ticketed and get a chance to take his argument to court that corporations and people are not the same.  His mission was accomplished in October when he was pulled over for driving alone in an HOV lane, ticketed and slapped with a $481 minimum fine.

It’s a common sense argument based in the reality that corporations are a legal fiction and not a real person. We’ve seen this argument in play here and in other media since the controversial – many if not most might say ridiculously bad – decision of Citizens United was rendered in 2010. But will it work in traffic court?

Continue reading “Who Is Your Co-pilot?”

“Top Ten Reasons” Column Makes The Top Ten Articles of 2012

eurocuptrophy80mm2008I am delighted to report that one of my civil liberties columns was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. The article entitled the “Ten Reasons the U.S. Is No Longer The Land of the Free,” continues to generate commentary, which is gratifying. Indeed, the success of the column gives hope that there are enough of us out there who care about the decline of civil liberties in this country.
Continue reading ““Top Ten Reasons” Column Makes The Top Ten Articles of 2012″

Kansas Demands Child Support Payments From Sperm Donor

test tube babyWe have been following cases where sperm donors have been held for child support or alternatively sought parental rights. The latest such case is out of Kansas where the state is pursuing a sperm donor for child support. William Marotta responded to an advertisement by a lesbian couple to donate sperm, but, after the couple split up, the state insisted on being given his name as the father and pursued him for monthly support payments.

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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.

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Who Occupied the Occupy Movement?

220px-Day_60_Occupy_Wall_Street_November_15_2011_Shankbone_43Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

If you are like me, you remember the violent response by the FBI, DHS and local police forces to the many “Occupy” movement protests last Fall.  In those protests, the police used incredible force and firepower to break up peaceful protests and make a mockery of the First Amendment.  The police responses always seemed to be coordinated from city to city and there were allegations that the FBI and other governmental agencies were aiding the local authorities in stamping down the First Amendment rights of the Occupy protestors.  Now, a treasure trove of documents was released pursuant to a Freedom of Information request by a group called The Partnership for Civil Justice Fund.  Those documents expose a level of governmental intrusion into the privacy of protestors and governmental and private bank partnerships designed to crack down on legal protestors. Continue reading “Who Occupied the Occupy Movement?”

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).

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