Archive for category The Constitution
Actually, they’re called “public lands” because We The People own them.
Think Progress has investigated the use of millions of dollars of our tax money to promote the unconstitutional seizure of public lands. The money goes to litigation funds, so-called “studies,” to ALEC and to the American Lands Council (ALC) — an organization created to help states claim ownership of federal lands, in clear violation of the U.S. Constitution.
The President of the ALC is Utah State Rep. Ken Ivory. In 2012, Ivory sponsored HB 148, the Utah Transfer of Public Lands Act, which asserted that the federal government must turn over all public lands in Utah to the state government by the end of this year. Ivory receives a $40,000 a year salary from ALC, and his wife is on the payroll too.
The majority of Utahns disapprove of this naked land grab but “our” legislators are onboard with ALEC and ALC and the Koch brothers, not the citizens.
While a major media news blackout provides cover, Congress is debating whether to give the president the authority to fast-track a massive free trade agreement, the secretly-negotiated Trans Pacific Partnership (TPP). Members of Congress haven’t even been able to read it even though corporate lobbyists have.
President Obama is at odds with Democrats in both houses of Congress concerning reauthorizing a procedure called the “trade promotion authority” (TPA), that would grant the White House power to submit free trade deals to Congress for an up-or-down vote without amendments. Senate Majority Leader Harry Reid is strongly against it.
House Minority Leader Nancy Pelosi has now publicly opposed giving President Obama fast track authority.
“We need transparency. We need a seat at the table to understand what they believe they are doing, so we can make it better. And if we don’t make it better, then we will not accept a path that is a job loser.”
TPP is part of the plan for global corporatocracy run by and for the 1 Percent. Unelected lobbyists and trade representatives are at the table, while representatives from the public at large and businesses other than huge monopolies, are conspicuously absent. From what little we know of the agreement, it would violate the U.S. Constitution, weaken environmental protections, and lead to more job losses, erosion of wages, and worsening inequality. TPP also threatens freedom of speech on the Internet because it would extend restrictive intellectual property laws and rewrite international rules on enforcement.
Former Constitution Party Utah State Senate candidate Trestin Meacham began a fast the day after District Judge Robert Shelby released his ruling that Utah’s Amendment 3 prohibiting same-sex couples from marrying is unconstitutional. He is attempting to draw attention to what he says is an option for the state: Nullification.
Nullification is a far-right theory that has repeatedly been rejected by the Supreme Court. Article VI of the United States Constitution contains the Supremacy Clause that states, “This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”
Utah’s Amendment 3 was a clear violation of Section 1 of the 14th Amendment to the U.S. Constitution (emphasis added).
…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
“This has nothing to do with hatred of a group of people. I have friends and relatives who practice a homosexual lifestyle and I treat them with the same respect and kindness that I would anyone. This is about religious freedom, and an out of control federal government.”
H/t Think Progress
More info: Trestin’s Fast
UPDATE: U.S. Supreme Court on Monday put same-sex marriages in Utah on hold, granting the state’s request for a stay pending appeal.
A new Reuters/Ipsos poll has finally found something that Americans like even less than Congress: the possibility of U.S. military intervention in Syria. Only 9 percent of respondents said that the Obama administration should intervene militarily in Syria.
FACTS on SYRIA:
- There is absolutely no evidence or confirmation that the Assad government carried out the alleged chemical attack.
- United Nations weapons inspectors are in Syria at the direct REQUEST of the Syrian government to prove that they have not used chemical weapons. The attack took place a mere 3 miles away from the inspection team, on the very day they arrived.
- Carla Del Ponte, a United Nations Human Rights investigator, has stated that there is no proof the Syrian government has used chemical weapons, but evidence suggests the rebels have.
- In May, 12 members of the Syrian rebel forces were arrested in Turkey. The rebels possessed 4.5 pounds of Sarin, the neurotoxin alleged to have been used in the recent attack.
Here’s an idea: How about a congressional resolution prohibiting unprovoked military action against Syria? The President has the authority to defend the USA and our allies, but under our Constitution only Congress can authorize a war of aggression (which would still be illegal under the U.N. Charter).
UPDATE: 4 of the Most Awful Arguments for Attacking Syria Made So Far. There is no reason that makes any sense.
UPDATE: Boehner Predicts ‘Whale Of A Fight’ Over Debt Limit. So instead of paying the bills or doing something popular, the Speaker of the House wants to go back to threatening to shut down the federal government.
Reps. Bishop, Chaffetz, and Stewart all voted in favor of H R 2397, the Amash Amendment. Rep. Jim Matheson (D-UT) voted no.
The amendment was simple. It would de-fund one single NSA program: the agency’s bulk collection of the telephone records of all Americans that we first revealed in this space, back on June 6. It accomplished this “by requiring the FISA court under Sec. 215 [of the Patriot Act] to order the production of records that pertain only to a person under investigation.”
The amendment yesterday was defeated. But it lost by only 12 votes: 205-217. Given that the amendment sought to de-fund a major domestic surveillance program of the NSA, the very close vote was nothing short of shocking. In fact, in the post-9/11 world, amendments like this, which directly challenge the Surveillance and National Security States, almost never get votes at all. That the GOP House Leadership was forced to allow it to reach the floor was a sign of how much things have changed over the last seven weeks.
More significant than the closeness of the vote was its breakdown. A majority of House Democrats supported the Amash/Conyers amendment, while a majority of Republicans voted against it.
Kudos to Utah’s Republicans for voting in favor of our Constitutional rights — and shame on Jim Matheson and President Obama.
Glenn Greenwald posted an interview with Edward Snowden, the 29-year-old source behind the biggest intelligence leak in the NSA’s history.
Q: Why did you decide to become a whistleblower?
A: “The NSA has built an infrastructure that allows it to intercept almost everything. With this capability, the vast majority of human communications are automatically ingested without targeting. If I wanted to see your emails or your wife’s phone, all I have to do is use intercepts. I can get your emails, passwords, phone records, credit cards.
“I don’t want to live in a society that does these sort of things … I do not want to live in a world where everything I do and say is recorded. That is not something I am willing to support or live under.”
Q: What do the leaked documents reveal?
A: “That the NSA routinely lies in response to congressional inquiries about the scope of surveillance in America. I believe that when [senator Ron] Wyden and [senator Mark] Udall asked about the scale of this, they [the NSA] said it did not have the tools to provide an answer. We do have the tools and I have maps showing where people have been scrutinized most. We collect more digital communications from America than we do from the Russians.”
Q: What about the Obama administration’s protests about hacking by China?
A: “We hack everyone everywhere. We like to make a distinction between us and the others. But we are in almost every country in the world. We are not at war with these countries.”
Q: Is it possible to put security in place to protect against state surveillance?
A: “You are not even aware of what is possible. The extent of their capabilities is horrifying. We can plant bugs in machines. Once you go on the network, I can identify your machine. You will never be safe whatever protections you put in place.”
Thanks to this courageous man, we are now getting some official acknowledgement and confirmation of the continuous, widespread warrantless surveillance of Americans (not to mention the rest of the world) by the National Security Agency (NSA). To be continued.
UPDATE: ‘I DID ANSWER YOUR QUESTION!’ Mika Brzezinski plays dumb to defend White House talking points.
Perhaps the most painful part of the wildly ill-conceived response to 9/11 was the way in which the US behaved like a blundering giant, lashing out at the world, smashing things like Iraq that had nothing to do with the attacks. The Bush administration’s policies – arrest, torture, secret prisons, drone attacks, two failed wars – were seductive and disastrous and arose from a worldview formed by the Cold War that saw the world in stark, dualistic ways.
The Obama administration had been stymied by Congress in its efforts to close the prison at Guantanamo Bay. They’ve managed to unwind our involvement in Iraq and Afghanistan and this week the President delivered the kind of speech that reminded me why I liked him in the first place – morally, ethically he seems to understand the issues, to speak them eloquently. Too rarely, he’s matched his rhetoric and his action. But at long last, it seems he wants to move our nation in the right direction, giving up the seductiveness of the imperial presidency and its vast powers.
In an article for the AP, from KSL, for example:
Some call it wishful thinking, but President Barack Obama has all but declared an end to the global war on terror.
Obama is not claiming final victory over extremists who still seek to kill Americans and other Westerners. Instead, he is refocusing the long struggle against terrorism that lies ahead, steering the United States away from what he calls an equally frightening threat – a country in a state of perpetual war. In doing so, Obama recasts the image of the terrorists themselves, from enemy warriors to cowardly thugs and resets the relationship between the U.S. and Islam.
The point is that the tools needed to successfully combat terrorists aren’t armies and drones.
Maureen Dowd, channeling her inner smart person, wrote about the President’s speech.
After four years of bending the Constitution, the constitutional law professor now in the White House is trying to unloose the Gordian knot of W.’s martial and moral overreaches after 9/11.
Safely re-elected, President Obama at long last spoke bluntly about the Faustian deals struck by his predecessor, some of them cravenly continued by his own administration.
The rest of her article describes her visit to Bush’s presidential library, with more than few choice phrases:
You could fill an entire other library with what’s not in W.’s.
Decision Points Theater — a whiny “Well, you try being the Decider” enterprise — lets you make the decisions after getting taped briefings on W.’s crises from actors playing experts. But it is rigged with so many false binary options that the visitors I voted with ended up agreeing with Bush’s patently wrong calls on Iraq and Katrina.
I’m reminded that throughout his Presidency, Barack Obama has been a maddeningly cautious and centrist leader. The result has been a slow, but steady, progression in the right direction. No whiplash policy changes for this president, instead a constantly calibrating and recalibrating movement away from the disastrous policies of the Bush administration.
The War On Terror was always a misnamed, mishandled, misconceived thing, a disaster from beginning to end. It was a fatally misconceived adventure that did more damage than good. If at long last the Obama administration is turning away from it, rejecting its tactic and premises, I’ll suffice to say better late than never.
On Wednesday night, CNN’s Erin Burnett interviewed Tim Clemente, a former FBI counterterrorism agent, about whether the FBI would be able to discover the contents of past telephone conversations between Katherine Russell, the 24-year-old American widow of Tamerlan Tsarnaev, and her husband. He quite clearly insisted that they could:
BURNETT: Tim, is there any way, obviously, there is a voice mail they can try to get the phone companies to give that up at this point. It’s not a voice mail. It’s just a conversation. There’s no way they actually can find out what happened, right, unless she tells them?
CLEMENTE: “No, there is a way. We certainly have ways in national security investigations to find out exactly what was said in that conversation. It’s not necessarily something that the FBI is going to want to present in court, but it may help lead the investigation and/or lead to questioning of her. We certainly can find that out.
BURNETT: “So they can actually get that? People are saying, look, that is incredible.
CLEMENTE: “No, welcome to America. All of that stuff is being captured as we speak whether we know it or like it or not.”
On Thursday night, Clemente again appeared on CNN, this time with host Carol Costello, and she asked him about those remarks. He reiterated what he said the night before but added expressly that “all digital communications in the past” are recorded and stored. “No digital communication is secure,” said Clemente.
Despite the extreme secrecy behind which these surveillance programs operate, occasionally somebody in a position to know tells us the U.S. Constitution is being violated on an unprecedented scale. So what can we do about it?
As it’s written, CISPA won’t protect us from cyber attacks, but it will violate our 4th Amendment right to privacy.
- It lets the government spy on you without a warrant. (read more)
- It makes it so you can’t even find out about it after the fact. (read more)
- It makes it so companies can’t be sued when they do illegal things with your data. (read more)
- It allows corporations to cyber-attack each other and individuals outside of the law. (read more)
We’ve had to listen to a lot of wailing from the Gun Lobby about imagined attacks on the Bill of Rights. This is what a real one looks like.