Iranian human rights lawyer Abdolfattah Soltani has been sentenced to 18 years in prison by what the Iranian government refers to as “courts.” To his credit, Soltani refused to defend himself before the Iranian tribunal which blindly carries out the dictates of the religious leaders of the country.
Category: Constitutional Law
A statement that Rick Santorum made recently is attracting more attention this month as the Republican primary continues to drill down on conservative social issues, particularly same-sex marriage. At the end of December, Santorum pledged he will push through an amendment to the Constitution banning same-sex marriage — nothing new there. However, he is also asserting that the amendment would be retroactive and nullify prior same-sex marriages –estimated to be more than 131,000.
Submitted by Gene Howington, Guest Blogger
Coincidentally and often, abuses of civil or human rights in the United States derive from the same source as law made via precedent. That source is vague or overly broad legislation and imprecise use of language. As a matter of good drafting practice, this is why precision language is encouraged – to provide clarity and minimize ambiguity in the letter of the law. When vague laws create issues in court, the court either makes a ruling creating precedent and consequently a plan of action for how to address the issue moving forward although occasionally a law is overturned in toto for vagueness and the legislature can take a fresh swing writing the law.
However, it seems to be a trend that vague or overly broad language could be fairly described as being purposefully adopted allowing “wiggle room” for Federal authorities to potentially abuse civil and human rights under the color of authority. This is a dangerous practice. The issue of vagueness is at the heart of the NDAA scandal as recently discussed on the blog here, here and here. While the NDAA poses a threat to your 4th, 5th and 6th Amendment rights, the newest attack of vague language is aimed at your 1st Amendment rights of Freedom of Speech, Freedom of Assembly and Freedom to Petition. It is found in the pending legislation of H.R. 347, innocuously titled the “Federal Restricted Buildings and Grounds Improvement Act of 2011”. As currently worded, it might as well have been called the “Federal We’re Too Important To Be Annoyed By Your Protest Act of 2011” or (as described by Rep. Justin Amash (R-MI), one of the few Representatives to vote against the bill) the “First Amendment Rights Eradication Act” because it effectively outlaws protests near people who are “authorized” to be protected by the Secret Service. Being that the bill passed on a House vote 388-3 and is currently coming out of committee in the Senate, its progress is something civil libertarians and activists may want to monitor. UPDATE: President Obama signed H.R. 347 into law on March 9, 2012.
Continue reading “Imprecise Language and the Risks of H.R. 347”
Submitted by: Mike Spindell, guest blogger
This week Huffpost ran an article titled:“IBM’s Role in the Holocaust — What the New Documents Reveal”, written by Edwin Black. The article was a followup to Mr. Black’s book “IBM and the Holocaust” published in 2001. As Mr. Black puts it justifying this particular article:
“Newly-released documents expose more explicitly the details of IBM‘s pivotal role in the Holocaust — all six phases: identification, expulsion from society, confiscation, ghettoization, deportation, and even extermination. Moreover, the documents portray with crystal clarity the personal involvement and micro-management of IBM president Thomas J. Watson in the company’s co-planning and co-organizing of Hitler’s campaign to destroy the Jews.” http://www.huffingtonpost.com/edwin-black/ibm-holocaust_b_1301691.html?ncid=edlinkusaolp00000009
These are of course pretty serious charges being made about one of the world’s most famous companies and about its founder. While I will present the nature of these charges and the specificity of the author’s alleged proof in the piece, it really is not my focus to condemn IBM one way or another, or even to vouch for the truth of the article. I will provide a link that offers a different perspective on these charges and will leave it to you the reader to decide what you think of them. My real purpose here is to discuss the necessary amorality of Corporations and what effect that amorality has upon nations and people. Continue reading “A Corporate Tale”
A campaign to pressure Rep. Dave Camp, R-Mich., is well underway, but it is not the usual parade of industry lobbyists that run feral in the halls of Congress. Rather, Camp is facing demands that he pressure his adviser Aharon Friedman to grant a Jewish “get” to his wife who wants to divorce him. Jewish community members are seeking to pressure Friedman by pressuring Camp, but is that an appropriate matter for a Member of Congress or any employer?
Continue reading “Should A House Member Force An Aide To Grant A Jewish “Get”?”
There is an interesting case out of Mantua, Ohio. A 17-year-old student at Crestwood High School was arrested for posing with an assault rifle on Facebook and writing about the massacre in allegedly favorable terms. This followed the shooting at Chardon High School in Ohio.
The Washington Post has a story that has left many deeply disturbed. Barbara Johnson was attending her mother’s funeral at the St. John Neumann Catholic Church in Gaithersburg, Maryland when she went up to receive communion. Upon seeing her, Rev. Marcel Guarnizo refused to give her the host, saying that he was aware that she was a lesbian living with another woman and therefore a sinner. Later, when Johnson was giving the eulogy, Gaurnizo abruptly left the service — leaving no priest at the remainder of the service or attending the burial.
We previously read about the ethics charges and lawsuits leveled against Hawkins County (Tenn.) Judge James Taylor for various violations, including stealing money that he raised for a “Citizens Heritage Display” with the Ten Commandments to be placed in the lobby of the Hawkins County Justice Center. While Taylor announced he would still run for reelection and assured people that his name would be cleared, he has now asserted his Fifth Amendment right against self-incrimination in his answer to accusations of theft and misconduct in the judicial ethics investigation.
Former senator Rick Santorum (R-Pa.) has been criticized in the past for his statement that he “almost threw up” when he read John F. Kennedy’s famous 1960 comments about the role of religion in public life and the separation of church and state. This weekend he took time out to say that he would still like to throw up.
Continue reading “Santorum Feels Like Throwing Up . . . Again”
We have had a great deal of discussion about the controversy over the remarks of Judge Mark Martin of Mechanicsburg, Pennsylvania in the dismissal of a charge against Talaag Elbayomy, a Muslim who attacked an atheist Ernie Perce for insulting the Prophet. Perce was parading as a zombie Mohammad in the Mechanicsburg Halloween parade when Elbayomy allegedly grabbed him. Elbayomy was at the parade with his family. Yet, it was Perce who ultimately came into a tongue lashing from Martin. Martin has now reportedly responded with the message below. I am not sure how much it helps on the merits, but he does clarify a couple of points if this response (which has appeared on several sites) is genuine.
Continue reading “Judge In “Zombie Mohammed” Case (Reportedly) Responds”
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
With apologies to the famous song of the same title, the State of Georgia has produced some interesting legislation and proposed legislation these days. The latest in that long list of specious legislation is the proposal pushed by five Georgia State Senators that would set up a commission to review Federal laws. Any laws not approved by that commission would be nullified and would not be upheld in their state. If I understand the proposed legislation correctly, the State of Georgia, if this law is passed, would claim supremacy over Federal law. I realize that in some Tea Party view of the Constitution this makes sense, but not in the real world where the Constitution and court precedent makes it very clear that Federal law supersedes any and all conflicting State laws. Continue reading “I’ve Got Georgia on My Mind”
Submitted by: Mike Spindell, Guest Blogger
Do you wonder how American politics has gotten so crazy in the last five decades? As someone who has lived through them as an adult I have often been amazed by our evolving political scene. This week the PBS documentary series “The American Experience” focused on the life and the two terms of Bill Clinton. It was a typical PBS historical documentary in that it made sure to present all sides of the issues and of course it dealt with “Whitewater”, Monica Lewinsky and the Impeachment proceedings. While we all lived through this bizarre political period in the 90’s, time and personal matters no doubt has dimmed its memory for most of us who were not directly involved. What fascinated me about this four hour documentary was that even in its non-partisan fairness, it delved into the massive effort made to discredit Bill Clinton begun from even before the inception of his first term. Though he won his election fairly, Republican’s and Conservatives never accepted his legitimacy as a duly elected President. It was this perceived “illegitimacy” that undermined his efforts as President and was the focus of constant attacks from his enemies. I’m not writing this as someone who felt that Bill Clinton was a great President and there were many concessions he made like “Welfare Reform” and “Don’t Ask, Don’t Tell” that I still hold against him. My question is that given his legitimate electoral mandate, did he ever get a chance to actually put his programs into effect and be President?
Bill Clinton entered his Presidency at the end of the first Iraq War. His inaugural speech talked of healing and bi-partisanship, as he would work together with Republicans to create a bridge to the Twenty First Century. The country was in a recession, partly caused by the excesses of military overspending by Reagan and G.H.W. Bush and by their tax cuts for the wealthy. There was a shrinking middle class due to the outsourcing of our manufacturing base and also because the Reagan Social Security “Reform” was actually a massive, regressive tax raise on those of middle income. The Reagan and G.H.W. Bush years burdened the Country with massive budget deficits and in Clinton’s first years the clamoring of the Republicans, Wall Street and the “Chattering Classes” for “Deficit Reduction” was at a fever pitch. We had also seen an illegal involvement in trying to topple the government of Nicaragua, despite a strong Congressional ban and its’ direct perpetrators falling on their swords to protect President Reagan and Vice President Bush. The din of budget deficits was so loud, with predictions so dire, that this newly elected President, with no Washington experience, was forced to accept the specious merits of this argument. Forgotten of course was that it was these selfsame groups, had blithely ignored rising deficits during the twelve years past of Republican governance. Perhaps, in my re-visiting what you already probably knew, a sense of Deja’ Vu might be occurring when thinking of American politics and political issues today? Continue reading “Hypocrisy Democracy: What’s Going On?”
We have seen in the Republican primary how candidates have engaged in a type of race to the bottom in embracing torture and suggesting that they would launch attacks against Iran and other countries. In this debate, the law and the Constitution are often dismissed as weak considerations for a strong president. Not to be outdone in such macho posturing, the Obama campaign has mocked Mitt Romney for even suggesting that he would consult with lawyers before launching attacks or taking critical actions. Stephanie Cutter, President Obama’s Deputy Campaign Manager, delivered the message on MSNBC that Obama was strong because he didn’t need no stinkin’ lawyers.
Continue reading “Obama Aide: A Strong President Doesn’t Check With Lawyers”
There is a surprising story out of Mechanicsburg, Pennsylvania that seems the perfect storm of religious tensions. You begin with Ernie Perce, an atheist who marched as a zombie Mohammad in the Mechanicsburg Halloween parade. Then you add Talaag Elbayomy, a Muslim who stepped off a curb and reportedly attacked Perce for insulting the Prophet. Then you have a judge (Judge Mark Martin) who threw out the criminal charges against Elbayomy and ridiculed the victim, Perce. The Judge identifies himself as a Muslim and says that Perce conduct is not what the First Amendment is supposed to protect. [UPDATE: The judge says he is not a Muslim despite what is heard by most listeners on the tape. That being the case, the criticism of the comments remains.] [UPDATE2: Perce has responded to our blog and denied many of the factual representations made by Judge Martin].
The Iranian Sharia courts have given the world a steady stream of horrific judgments — using the pretense of a legal system to mete out religious-based and perfectly medieval punishments. They have now added a fresh outrage. Despite worldwide condemnation, a trial court in Iran has issued its final verdict that Youcef Nadarkhani, 34, be put to death. His crime? Converting to Christianity. During the country’s Sharia law, such apostasy is punished by death.
Continue reading “Iranian Court Orders The Death Penalty For Christian Pastor Convicted of Apostasy”