Category: Constitutional Law

Congress, Constitutional Law

Is the 10-Year Term Limit for the FBI Director Constitutional?

-Submitted by David Drumm (Nal), Guest Blogger

One of the legacies of J. Edgar Hoover, who severed as Director of the FBI for 48 years, is a federal statute enacted in 1976 — Pub. L. 94–503, quoted in the historical and revision notes following 28 U.S.C.A. § 532: “A Director may not serve more than one ten-year term.”

The current FBI Director is Robert Mueller and his ten-year term of office expires in September. President Obama wants to extend his term by two years. It appears that President Obama doesn’t have the stomach for a messy confirmation fight with Republicans. Not that it will make any difference, but, the statutory term limit is clearly unconstitutional.

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Congress, Constitutional Law, Courts, International, Military, Society

Permanent War: House Members Move To Give President Unchecked Authority To Launch Future Military Operations As Part Of The War On Terror

Members of Congress are taking steps to make the war on terror permanent — and make the Constitution optional — for future presidents. Only days after the killing of Osama Bin Laden, members are moving to relieve presidents of any need for approval from Congress — or anyone — in committing troops in the fight against terror. The bill would take the “The Authorization for Use of Military Force” passed after 9-11 (and used to justify two almost ten years of worldwide attacks) and extend it to allow military operations against any “associated forces that are engaged in hostilities against the United States.”

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Bizarre, Constitutional Law, Politics, Society

Don’t Try This At Home: New Law Would Bar Sex in Home By Couples Awaiting Divorce

Wrentham Selectman Robert Leclair believes that there is a long overdue problem that needs to be addressed on Beacon Hill: parents having sex in their homes while awaiting a divorce. One could call this the ultimate nanny state legislation except that it includes sex with the nanny or anyone else while a divorce is pending — Schwarzennegger take note.
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Constitutional Law, Politics, Religion

Who Should Be Teaching Our Children about the Constitution?: A Post about the Tea Party Patriots, W. Cleon Skousen, Glenn Beck, and the National Center for Constitutional Studies

Submitted by Elaine Magliaro, Guest Blogger

I wonder how many people are aware that there is a special day that has been set aside by Congress to commemorate the signing of the Constitution each year.

From the Library of Congress:

Constitution Day and Citizenship Day is observed each year on September 17 to commemorate the signing of the Constitution on September 17, 1787, and “recognize all who, by coming of age or by naturalization, have become citizens.”

This commemoration had its origin in 1940, when Congress passed a joint resolution authorizing and requesting the President to issue annually a proclamation setting aside the third Sunday in May for the public recognition of all who had attained the status of American citizenship. The designation for this day was “I Am An American Day.”

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Constitutional Law, Criminal law, International, Lawyering, Media, Politics, Society

Baltasar Garzón Receives Human Rights Award and Criticizes Obama Administration For Violations of International Law

This weekend, Baltasar Garzón, the Spanish judge who ordered the arrest of former Chilean dictator Augusto Pinochet, received the ALBA/Puffin Award for Human Rights Activism in New York. My roughly two-hour interview with Garzón before his receiving the award proved quite newsworthy with Garzón discussing subjects ranging from the charges that he is facing in Spain to current issues of human rights violations by the United States to the threats to assassinate him. Most notably, Garzón criticized the Obama Administration for rolling back on the Nuremberg principles and violating international obligations to prosecute individuals for torture and war crimes.
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Constitutional Law, Courts

Barnes v. State of Indiana (2011)

-Submitted by David Drumm (Nal), Guest Blogger

The Indiana Supreme Court, in a 3-2 decision, has ruled that the common-law right to reasonably resist unlawful entry by police officers is trumped by public policy. Appellant Barnes was involved in a domestic dispute with his wife when police tried to gain entry into the house. They asked if they could enter the house and Barnes refused, blocking the doorway. The police entered anyway and Barnes “shoved [an officer] against the wall.” The officers used a taser on Barnes and arrested him. There were no charges regarding domestic violence.

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Congress, Constitutional Law, Criminal law, International

McCain: Mukasey Claim That Torture Led To Bin Laden Is False

Last night on The Ed Show, I discussed the amazing speech and column by Senator John McCain on torture. One of the most notable aspects of the comments was McCain stating that the claim by former Attorney General Michael Mukasey that torture led to the location of Bin Laden is simply untrue and confirmed as false by CIA Director Leon Panetta.
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Bizarre, Constitutional Law, Criminal law, Society

High School Student Criminally Charged For Ranking Girls on Facebook

There is a disturbing case out of Illinois where a teenage boy has been arrested for posting his ranking of 50 female students at Oak Park-River Forest High School in Oak Park, Illinois “by their sexual characteristics and alleged sexual behaviors” and posting it on Facebook. It is another example of the criminalization of our society and raises serious first amendment questions.
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Academia, Constitutional Law, Politics, Society

Try The 4-H Club Instead: Wisconsin Board Refuses To Approve School-Sponsored Club for Gay Students

In Wisconsin, there is now record of the West Bend School Board ever rejecting an application for a student club at a high school . . . until now. You guessed it, students wanted to form the Gay-Straight Alliance clubs at East and West high schools but were denied approval by a 3-3 vote of the board. Board President Randy Marquardt opposed approval of the club.
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Bizarre, Constitutional Law, Courts, Criminal law, Society, Torts

Bin Laden’s Son Reportedly Announces Possible Lawsuit Against United States Over Killing and Burial of His Father

Omar bin Laden, bin Laden’s fourth eldest son, has allegedly issued a statement that calls the killing of his father as a “criminal” act and a humiliation for his family. Notably, he indicated the possibility of a lawsuit against the United States.

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Constitutional Law, Courts, Criminal law, Lawyering

Sooner Justice: Oklahoma Murder Conviction Overturned Due To Comments By Judge That Jurors Should Not Be “Hardheads” In Delaying A Verdict

There is an interesting case out of Oklahoma where the murder conviction of Kassie Lakei Bills was overturned due to the comments at trial by Judge Ray Elliott of Oklahoma County. Elliott told the jurors to reach a quick verdict and not be “hardheads” by keeping everyone at the court. I guess that is why they call folks in Oklahoma “Sooners.”
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Bizarre, Constitutional Law, Criminal law, Politics, Religion

I’ll Have What She’s Having: Leading Atheist Arrested For Making Sexual Noises

We previously saw how police charged atheist activist Ellen Beth Wachs, 48, with unauthorized practice of law after she confronted local politicians over prayer at public meetings. Now, Wachs (the legal coordinator for the Atheists of Florida) has been arrested with a sexual performance in the presence of a child. The police, however, admit that no one saw any sexual act. Rather, she is accused of making sexual noises.
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Constitutional Law, Courts, Criminal law, International, Lawyering, Media, Politics, Society

Baltasar Garzón To Receive Human Rights Award and Speak in New York

For civil libertarians, there are few heroes who can match Baltasar Garzón, the Spanish judge who ordered the arrest of former Chilean dictator Augusto Pinochet in 1998 and later worked to identify human rights violations committed during the Spanish Civil War and the Franco dictatorship. He will be the first recipient of ALBA/Puffin Award for Human Rights Activism. I will have the honor of serving as the interviewer of Judge Garzón at the award luncheon on Saturday, May 14th, and to explore his views of contemporary civil liberties issues as well as his famous career.
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Bizarre, Constitutional Law, Politics, Society

Flying While Muslim: Two Imams Thrown Off Flight To Conference To Discuss Islamophobia

Two Muslim religious leaders were tossed off a Delta flight in Memphis after a pilot refused to take off with the men on board. Imam Masudur Rahman and Imam Mohamed Zaghloul, of the Islamic Association of Greater Memphis were told that they could not reboard the flight after it returned to the gate. It is the latest example of discrimination against Muslims due to their appearance.
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Bizarre, Constitutional Law, International, Society

Clinton Erased From Famous Photo By Jewish Orthodox Daily

You will notice a slight difference between the famous photos from the situation room of the White House during the Osama Bin Laden operation: Hillary Clinton has been removed from one of the shots. The altered picture ran in the Ultra-Orthodox daily Der Tzitung, which does not allow pictures of women to appease Orthodox sensitivities. Once again, the striking similarities with Islamic extremists is inescapable.

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