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Corporations Shouldn't Have Rights, They Were Left Our Of The Constitution Intentionally

Date: Friday, July 11, 2008 - 1:55pm
Keywords: constitution, United States, merger of government and corporations, corporation's rights
Links: Add new comment, 106 reads

The founding fathers of the United States were not interested in giving constitutional rights to corporations. In fact, they wanted to regulate corporations very tightly because they had had bad experiences with corporations during colonial times. The crown charter corporations like the East India Company and the Hudson Bay Company had been the rulers of America. So when the constitution was written, corporations were left out of the Constitution. Responsibility for corporate chartering was given to the states. State governance was closer to the people and would enable them to keep an eye on corporations.

California's Supreme Court Declares Gay Marriage Ban Unconstitutional

Date: Thursday, May 15, 2008 - 2:12pm
Keywords: discrimination, gay-lesbian rights, constitution, United States, ronald george
Links: Add new comment, 97 reads

The California Supreme Court ruled today that same-sex couples should be permitted to marry, rejecting state marriage laws as discriminatory.

The state high court's 4-3 ruling was unlikely to end the debate over gay matrimony in California. A group has circulated petitions for a November ballot initiative that would amend the state Constitution to block same-sex marriage, while the Legislature has twice passed bills to authorize gay marriage. Gov. Arnold Schwarzenegger vetoed both.

The long-awaited court opinion, written by Chief Justice Ronald M. George, stemmed from San Francisco's highly publicized same-sex weddings, which in 2004 helped spur a conservative backlash in a presidential election year and a national dialogue over gay rights.

Local mirror of CA Supreme Court's Decision Overturning Gay Marriage Ban As Unconstitutional

Federal Judge Rules That One Is Not Required To Divulge Encryption Passphrase

Date: Saturday, January 12, 2008 - 12:45pm
Keywords: constitution, freedom to privacy, jerome niedermeier, encryption
Links: Add new comment, 153 reads

A federal judge in Vermont has ruled that prosecutors can't force a criminal defendant accused of having illegal images on his hard drive to divulge his PGP (Pretty Good Privacy) passphrase.

U.S. Magistrate Judge Jerome Niedermeier ruled that a man charged with transporting child pornography on his laptop across the Canadian border has a Fifth Amendment right not to turn over the passphrase to prosecutors. The Fifth Amendment protects the right to avoid self-incrimination.

Local mirror of ruling that one cannot be forced to give up one's encryption passphrase

Four Briton's Held In Guantanamo Have No Right To Sue

Date: Friday, January 11, 2008 - 2:45pm
Keywords: religion, war on terror, constitution, torture, Guantanamo, United States, britain, ricardo m. urbina
Links: Add new comment, 159 reads

Ruling in a case of four Britons who formerly were detainees at Guantanamo Bay, Cuba, the D.C. Circuit Court decided Friday that the prisoners have no right to sue top Pentagon officials and military officers for allegedly torturing them and defiling their religious beliefs while they were held at the military prison. The Court applied several different legal theories in rejecting all of the claims of abuse and arbitrary imprisonment, but the end result was that there was nothing left of the detainees' legal challenge.

...

U.S. District Judge Ricardo M. Urbina threw out all of the claims except that under the religious freedom law, concluding that those allegations could go forward because the Act did apply to the detainees at Guantanamo because of the scope of U.S. control of the military base and prison there, and because the detainees there were "persons" under the Act.

Hoover Planned To Suspend Habeas Corpus And Arrest 12000 Americans

Date: Saturday, December 29, 2007 - 8:41am
Keywords: constitution, due process, habeas corpus, United States, fbi, j. edgar hoover
Links: Add new comment, 167 reads

According to a document that was one of many declassified [PDF] by The State Department yesterday, "Former FBI Director J. Edgar Hoover had a plan to suspend the rules against illegal detention and arrest up to 12,000 Americans he suspected of being disloyal....The plan called for the FBI to apprehend all potentially dangerous individuals whose names were on a list Hoover had been compiling for years. 'The index now contains approximately twelve thousand individuals, of which approximately ninety-seven percent are citizens of the United States,' Hoover wrote in the now-declassified document. ‘In order to make effective these apprehensions, the proclamation suspends the writ of habeas corpus.'"

Local mirror of declassified document in which Hoover planned to suspend habeas corpus and arrest thousands

Houston Police Department Tests Unmanned Drones In Secret

Date: Saturday, November 24, 2007 - 5:25pm
Keywords: constitution, freedom to privacy, big brother, United States
Links: Add new comment, 132 reads

Houston police started testing unmanned aircraft and the event was shrouded in secrecy, but it was captured on tape by Local 2 Investigates.

Neighbors in rural Waller County said they thought a top-secret military venture was under way among the farmland and ranches, some 70 miles northwest of Houston. KPRC Local 2 Investigates had four hidden cameras aimed at a row of mysterious black trucks. Satellite dishes and a swirling radar added to the neighbors' suspense.

Then, cameras were rolling as an unmanned aircraft was launched into the sky and operated by remote control.

Houston police cars were surrounding the land with a roadblock in place to check each of the dignitaries arriving for the invitation-only event. The invitation spelled out, "NO MEDIA ALLOWED."

...

South Texas College of Law professor Rocky Rhodes, who teaches the constitution and privacy issues, said, "One issue is going to be law enforcement using this and when, by using these drones, are they conducting a search in which they'd need probable cause or a warrant. If the drones are being used to get into private spaces and be able to view where the government cannot otherwise go, and to collect information that would not otherwise be able to collect, that's concerning to me."

Lawyers Beaten After Protesting In Pakistan

Date: Wednesday, November 7, 2007 - 1:21pm
Keywords: totalitarianism, constitution, freedom of speech, police overkill, Pervez Musharraf, Pakistan
Links: Add new comment, 166 reads

Hundreds of lawyers took to the streets again in the eastern city of Lahore and in Multan, about 200 miles to the southwest of Lahore. The police arrested scores of protesters, and more than 100 lawyers were injured in street battles.

In interviews on Tuesday, a day after hundreds were tear-gassed, beaten and rounded up by the police, the lawyers said they had taken to the streets because they felt that Pakistan's first taste of judicial independence was being snatched away.

News From Within Pakistan

The following e-mail came in via Omer from Asma Jahangir who is the Secretary General of HRCP (Human Rights Commission Pakistan):

The situation in the country is uncertain. There is a strong crackdown on the press and lawyers. Majority of the judges of the Supreme Court and four High Courts have not taken oath. The Chief Justice is under house arrest (unofficially). The President of the Supreme Court Bar (Aitzaz Ahsan) and 2 former presidents, Mr. Muneer Malik and Tariq Mahmood have been imprisoned for one month under the Preventive Detention laws. The resident of the Lahore High Court Mr. Ahsan Bhoon and former bar leader Mr. Ali Ahmed Kurd have also been arrested. The police is looking or 6 other lawyers, including President of Peshawar and Karachi bar. The President of Lahore bar is also in hiding. There are other scores political leaders who have also been arrested. Yesterday I was house arrested for 90 days. I am sending my detention order.

Ironically the President (who has lost his marbles) said that he had to clamp down on the press and the judiciary to curb terrorism. Those he has arrested are progressive, secular minded people while the terrorists are offered negotiations and ceasefires. Lawyers and civil society will challenge the government and the scene is likely to get uglier.We want friends of Pakistan to urge the US administration to stop all support of the instable dictator, as his lust for power is bringing the country close to a worse form of civil strife. It is not time for the international community to insist on preventive measures, otherwise cleaning up the mess may take decades. There are already several hundred IDPs and the space for civil society has hopelessly shrunk.

We believe that Musharaf has to be taken out of the equation and a government of national reconciliation put in place. It must be backed by the military. Short of this there are no realistic solutions, although there are no guarantees that this may work.

Let's see, we have a leader who:

Anyone seeing any similarities here?

HR 2826 Blocked

Date: Monday, October 8, 2007 - 1:19pm
Keywords: civil rights, constitution, habeas corpus, Russell D. Feingold
Links: Add new comment, 244 reads

Fifty-six senators voted to cut off debate, and move forward to a vote on the bill itself, a step known as cloture. But under Senate rules, 60 votes are needed to invoke cloture.

...

The legal concept of habeas corpus ("You have the body" in Latin) dates back to medieval England, and is meant to protect people from being locked up indefinitely without a court review. Last year, Congress passed and President Bush signed an act eliminating the right of habeas corpus for non-Americans who are labeled "enemy combatants" in the continuing campaign against terrorism.

...

Senator Russell D. Feingold, Democrat of Wisconsin, said it was "deeply disappointing" that a Senate minority had blocked efforts to restore the right of habeas corpus. "We can and should bring terrorists to justice but we can do it without sacrificing the values upon which our nation was built," he said.

Previously

Support HR 2826

Date: Monday, October 8, 2007 - 1:14pm
Keywords: civil rights, constitution, habeas corpus
Links: Add new comment, 239 reads

This is HR 2826, the House bill to restore habeas corpus. Please call your representative and tell them to support it. You might also remind them that the 4th Amendment says:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

And that their recent dicking around with the FISA bill is a gross violation, and that the violations by the White House and the DOJ are criminal activities that should be prosecuted appropriately.

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