Category: Constitutional Law

Constitutional Law, Politics, Religion

30 Million Americans Identify Themselves as Atheists or Without Religion

As both Democratic and Republican candidates battle for the religious vote and proclaim the importance of faith, they seem to be ignoring or unaware of a huge number of citizens who are atheists or without religion. A recent study shows that the number is 30 million and that number increases exponentially when one adds secularists.

As noted in this recent column, Democrats like Clinton and Obama have been openly vying to close the “God gap” and claiming the mantle of faith as one of their qualifications. Other candidates have openly dismisses members of certain religions or the non-religious from being qualified for office. Thus, under the definition of some of the candidates, 30 million Americans are qualified to led but not to lead.

For an article on the study, click here

Bizarre, Congress, Constitutional Law, Justice, Lawyering, Politics

Two Federal Judges — Kent and Porteous — in Fifth Circuit Face Possible Impeachment

The Fifth Circuit is on the brink of making history, just not the type of history that anyone would want.  Two district court judges — Samuel Kent and Thomas Porteous — are facing calls for impeachment.  Both cases now appear quite serious and worsening by the day.  Continue reading “Two Federal Judges — Kent and Porteous — in Fifth Circuit Face Possible Impeachment” →

Bizarre, Constitutional Law, Criminal law, Justice

Video: Yoga Instructor Tasered for Being “Loud” and “Profane”

In yet another alleged case of taser abuse, Florida Yoga instructor Elizabeth Beeland was tasered by Daytona Beach Officer Claudia Wright for being loud and profane. She was later charged with the highly enigmatic crime of resisting a police officer without violence as well as disorderly conduct. Continue reading “Video: Yoga Instructor Tasered for Being “Loud” and “Profane”” →

Bizarre, Constitutional Law, Criminal law, Justice, Politics

Videos Recruit Children as Suicide Bombers — England Investigates Possible Criminal Charges

England is investigating a highly disturbing video directed at child as an apparent recruiting device.  This follows other such children terrorism pitches — which mainstream Muslim groups have denounced. Continue reading “Videos Recruit Children as Suicide Bombers — England Investigates Possible Criminal Charges” →

Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics

Nominee for Deputy Attorney General Refuses to Recognize Waterboarding as Torture

After Democratic senators saved Attorney General Michael Mukasey from having to recognize that waterboarding is torture, the person nominated to serve as his deputy has done the same thing. Of course, Mark Filip today did not testify (as Mukasey did) that he simply did not know what waterboarding is. However, Filip refused to acknowledge that is torture despite ample cases establishing that fact. The question is whether Democrats will again avoid the issue by confirming a nominee who refuses to acknowledge the illegality of a heinous practice. Continue reading “Nominee for Deputy Attorney General Refuses to Recognize Waterboarding as Torture” →

Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics

Four White House Officials — Including Gonzales — Knew of Tape Destruction Plan

The New York Times is reporting this morning that at least four White House officials, including Alberto Gonzales, discussed the plan to destroy the CIA interrogation tapes.  The news deepens the scandal for the White House and makes it much more difficult for Attorney General Michael Mukasey to continue to refuse to appoint a special prosecutor.  Continue reading “Four White House Officials — Including Gonzales — Knew of Tape Destruction Plan” →

Congress, Constitutional Law, Criminal law, Justice, Politics

Torture 0 Baseball 2 — Congress Moves to Deal with Steroid Abuse While Detainee Abuse Languishes

In the ultimate expression of congressional — and possibly cultural — values, two full hearings have been ordered only a day into the renewed controversy over steroid abuse in baseball. This follows numerous hearings in prior years. Members are falling over themselves to get camera time on the issue. However, with the disclosure of an official program of torture ordered by the President, not a single public hearing has been scheduled other than a recent general hearing on waterboarding in the Senate. It appears that steroid abuse is simply more of a pressing issue that detainee abuse for the nation. Continue reading “Torture 0 Baseball 2 — Congress Moves to Deal with Steroid Abuse While Detainee Abuse Languishes” →

Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics

Federal Judge Orders Hearing on Destroyed CIA Tapes

The White House may have told District Judge Henry H. Kennedy not to “interfere” in the CIA tape controversy, but he appears to have other ideas. Today, he ordered a hearing for Friday on the question. He may be only the first judge to do so as the courts and Congress come to grips with an obvious case of obstruction and spoilation. Continue reading “Federal Judge Orders Hearing on Destroyed CIA Tapes” →

Bizarre, Constitutional Law, Politics

Strip Clubs Challenge Special Tax on Customers in Texas

One of the more interesting constitutional cases is developing in Austin Texas where strip clubs are contesting a $5 fee placed on their customers by the state. State sponsors insist that they are only trying to raise money to help women who are victims of crimes and that the clubs employ many women. However, it is unclear why other businesses with high percentage of women employees are not also singled out for the tax. Continue reading “Strip Clubs Challenge Special Tax on Customers in Texas” →

Constitutional Law, Criminal law, Justice, Lawyering, Politics

FBI Agents Contradict White House Insistence that Torture Yielded Valuable Information from Abu Zubaida

The Washington Post has reported that the FBI did not view the torture of Abu Zubaida as yielding valuable information — one of the principle arguments for embracing an official torture program. Continue reading “FBI Agents Contradict White House Insistence that Torture Yielded Valuable Information from Abu Zubaida” →

Congress, Constitutional Law, Justice, Lawyering, Politics

Senate Delays Vote on Surveillance Bill and Telecom Immunity

The Senate has decided to delay its vote on the surveillance bill and specifically the immunity provision for the telecommunications companies.  However, civil libertarians have little reason to celebrate.  The telecom lobbyists appear to have the upper hand with some members of the Democratic leadership, which hopes to pass the immunity bill once attention fades in 2008.  In an astonishing move, Sen. Diane Feinstein is trying to move the entire matter out of the federal courts and into the secret FISA court.  The only value of such a move is to reduce the political fallout and make immunity more likely for the telecom companies. Continue reading “Senate Delays Vote on Surveillance Bill and Telecom Immunity” →

Congress, Constitutional Law, Justice, Politics

White House Loses Privilege Fight Over Visitor Logs

The Bush Administration has lost another fight over privilege as it is advancing new claims in refusing information to Congress.  U.S. District Court Judge Royce Lamberth has ruled that the information is part of the public record and is subject to disclosure under the Freedom of Information Act as “agency records.” Continue reading “White House Loses Privilege Fight Over Visitor Logs” →

Bizarre, Constitutional Law, Criminal law, Justice, Lawyering

Man Repeatedly Tasered for Leaving Courthouse Briefly with Court File

In the latest taser outrage, Edward Casey, who left a courthouse briefly to retrieve money to pay a fine, was tackled and repeatedly tasered by police. What is truly amazing is that U.S. District Judge Robert E. Blackburn did not feel that this was a viable claim of police abuse. Fortunately, the Tenth Circuit did not agree.   Continue reading “Man Repeatedly Tasered for Leaving Courthouse Briefly with Court File” →

Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics

Bush Administration Refuses to Turn Over Information to Court on Tape Destruction; Judge Told Not to “Interfere”

The Bush Administration waited to late Friday night to tell a federal judge that it would not release information on its own possible obstruction of justice in his court.     Continue reading “Bush Administration Refuses to Turn Over Information to Court on Tape Destruction; Judge Told Not to “Interfere”” →