Tag Archives: Constitution

The War in Libya Drags On….Illegally

26 Sunday Jun 2011

Posted by in Congress, Constitution, Libya, Obama, Obama administration

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As, “days, not weeks” in Libya enters its fourth month, and now that the top U.S. admiral in Libya has admitted that the goal is regime change, despite this…

“Of course, there is no question that Libya – and the world – will be better off with Gaddafi out of power. I, along with many other world leaders, have embraced that goal, and will actively pursue it through non-military means. But broadening our military mission to include regime change would be a mistake.”

…and this:

“Ben Rhodes, a deputy national security adviser, issued a statement acknowledging that President Obama would like to see a democratic government in Libya, but explained that the aim of the U.S. military’s intervention there is not to enact regime change.”

Glen Greenwald asks this question:

“Would this be an example of a President misleading the nation into an (illegal) war?  Or did the goal of the war radically change oh-so-unexpectedly a mere few weeks after it began?  Everyone can make up their own mind about which is more likely.”

Greenwald also has an explanation for the failure of Friday’s de-funding bill in the House. One that I hadn’t considered, but which makes sense:

“The so-called “de-funding” bill the House rejected yesterday was not really a de-funding bill.  It would have barred the spending of money for some war purposes, but explicitly authorized it for others.  That’s why… dozens of anti-Libya-war members in both parties voted NO on the de-funding bill: not because…they were cowards who did not have the courage of their anti-war convictions; and not because the bill would have approved some spending for a war they oppose (though that is true), but rather because they were worried (appropriately so) that had that “de-funding” bill passed, Obama lawyers would have exploited it to argue that Congress, by appropriating some money for the war, had implicitly authorized Obama to wage it.

As Ron Paul — echoing the spokesperson for House progressives — said in explaining his NO vote on “de-funding”, the bill “masquerades as a limitation of funds for the president’s war on Libya but is in fact an authorization for that very war…instead of ending the war against Libya, this bill would legalize nearly everything the president is currently doing there.

That was the reason so many anti-war members of Congress — including dozens of progressives — rejected the “de-funding” bill despite opposition to the war in Libya: because it was a disguised authorization for a war they oppose, not because they cowardly failed to check executive power abuses.”

And as Greenwald also points out, regardless of the outcome of the de-funding vote, the war in Libya is still illegal:

“Congress does not need to de-fund a war to render it illegal.  Under the law (and the Constitution), military actions are illegal if Congress does not affirmatively authorize them (either within 60 days or at the start, depending on one’s view).  The fact that the President has failed to obtain that authorization renders his ongoing war-waging illegal — period.  

[…]

Of course it’s true that Congress should act to stop a President who is waging a war in violation of the law and/or the Constitution, but Presidents shouldn’t wage illegal wars in the first place.  It is frequently asserted that Article II of the Constitution vests the President with the power and obligation to defend the nation, even though nothing in Article II (or any other provision of the Constitution) actually does that.  But there is an obligation which Article II does explicitly impose on the President: “he shall take Care that the Laws be faithfully executed.”  That includes, by definition, the War Powers Resolution (and Article I, Section 8 of the Constitution).”

A Conversation With Thomas Jefferson

22 Monday Nov 2010

Posted by in Afghanistan, Bill of Rights, Financial Crisis, Foreclosures, lobbyists, Politics, special interests, Uncategorized, Wall Street

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I recently sat down for an interview (sort of) with our third president and author of the Declaration of Independence, Thomas Jefferson. The questions are mine, the responses all quotes attributed to Jefferson. You could look it up:

Mr. Jefferson, a topic in the headlines lately are the security measures being taken in our airports, the aim of which is, allegedly, our safety. What is your opinion on that?

“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.”

Many Americans are protesting these actions by government officials. Would you support that effort?

“All tyranny needs to gain a foothold is for people of good conscience to remain silent…Timid men prefer the calm of despotism to the tempestuous sea of liberty.”

Some see this as the continuation of policies instituted after September 11 which erode our civil liberties and Constitutional protections. Your thoughts?

“Single acts of tyranny may be ascribed to the accidental opinion of the day; but a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers too plainly proves a deliberate, systematic plan of reducing us to slavery.”

Also, on a related subject, what about the controversy over whether or not to try terrorist suspects in civilian court?

“I consider trial by jury as the only anchor yet devised by man, by which a government can be held to the principles of its constitution.”

Moving on to economic issues, have you been keeping up with what’s been labeled Foreclosuregate?

“If the American people ever allow private banks to control the issue of their money, first by inflation and then by deflation, the banks and corporations that will grow up around them will deprive the people of their property until their children will wake up homeless on the continent their fathers conquered.”

What about the influence of the financial system on our political process?

“I believe that banking institutions are more dangerous to our liberties than standing armies. Already they have raised up a moneyed aristocracy that has set the Government at defiance. The issuing power should be taken from the banks and restored to the people to whom it properly belongs.”

And the influence, in general, of special and corporate interests?

“Merchants have no country. The mere spot they stand on does not constitute so strong an attachment as that from which they draw their gains.”

What about the ongoing wars in Afghanistan and elsewhere around the world?

“I abhor war and view it as the greatest scourge of mankind…I love peace, and am anxious that we should give the world still another useful lesson, by showing to them other modes of punishing injuries than by war, which is as much a punishment to the punisher as to the sufferer.”

“War is an instrument entirely inefficient toward redressing wrong; and multiplies, instead of indemnifying losses.”

Any thoughts about ending the policy of Don’t Ask, Don’t Tell?

“Bigotry is the disease of ignorance, of morbid minds…Bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.”

In closing, Mr. President, any final words of guidance for the American people?

“If a Nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be…. If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed.”

“The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

Thank you, sir.

Obama Invokes “State Secrets” in Assassination Plot

26 Sunday Sep 2010

Posted by in Bill of Rights, Constitution, Justice Department, Obama administration, torture, war on terror

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“If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy.”—James Madison, often referred to as the father of that antiquated, outdated, document known as the Constitution of the United States, which is now little more than an a la carte menu.

When the president of the United States has the power to order the assassination of an American citizen suspected of terrorist activities but charged with no crime, that is tyranny. And that is exactly the power President Obama is seeking, under the ever-increasing justification of preserving “state secrets.”

“The Obama administration on Friday asked a federal judge to throw out a lawsuit seeking to stop the government from killing an American citizen [Anwar al-Awlaki] accused of ties to Al Qaeda…In a legal brief, which was filed shortly before midnight, the administration included the contentious argument that litigating the matter could reveal state secrets.”

Glenn Greenwald at Salon:

“…in other words, not only does the President have the right to sentence Americans to death with no due process or charges of any kind, but his decisions as to who will be killed and why he wants them dead are “state secrets,” and thus no court may adjudicate its legality.”

From the ACLU and the Center for Constitutional Rights (remember those?):

“The idea that courts should have no role whatsoever in determining the criteria by which the executive branch can kill its own citizens is unacceptable in a democracy.”

Obstruction of Justice Department spokesman Matthew Miller:

“If al-Awlaqi wishes to access our legal system, he should surrender to American authorities and return to the United States, where he will be held accountable for his actions.”

Why would al-Awlaki, who is thought to be in Yemen, surrender to authorities when he has not been charged with, or indicted for, any crime? Sure, give himself up and be on the next plane to Jordan or Morocco or wherever the latest outsourcing torture extraordinary rendition site is, to be tortured and meet an untimely, accidental death. Oops.

But few people will notice and even fewer will care. Republicans don’t care because it’s one of “them” who is being targeted for assassination, never mind that al-Awlaki is a US citizen. He don’t look like a reel ‘Murrican. And they’ll take full advantage of the expanded powers of the Executive Branch the next time a Republican occupies the Oval Office. Democrats don’t care because their guy is in there now and they trust him with this power, for some reason that escapes me. Never mind that they would be screaming about the president shredding the Constitution if George Bush was still in office.

Good Advice for Michael Steele: “Try Thinking Before You Speak”

11 Tuesday May 2010

Posted by in Conservatives, Constitution, Obama, Politics, Republicans, Supreme Court, Uncategorized

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Republican National Committee Chairman Michael Steele should have realized he stepped in it when the National Review advised him to “try thinking before you speak,” referring to Steele’s opening salvo following President Obama’s nomination of Elena Kagan to the Supreme Court. Steele released a statement criticizing Kagan for her support of Justice Thurgood Marshall’s speech in which he said that the Constitution as originally conceived and drafted was “defective.”

Had Mr. Steele taken the time to look into the context of Justice Marshall’s statement he might have found that Marshall was referring to the Three-Fifths compromise in Article 1 Section 2, which counted slaves as three-fifths of a person. I don’t know about Mr’ Steele, but I would call that a serious “defect.”

Justice Marshall also said the it took several constitutional amendments and a Civil War to right this wrong. Again, had Chairman Steele taken the time to look at the copy of the Constitution I’m sure he carries in his pocket he could have read the 13th, 14th, and 15th Amendments to find out the Marshall was correct. I assume Steele has heard of the Civil War, but maybe I take too much for granted.

But as is their habit, once the RNC had the shovel in their hands, they kept digging. Doug Heye posted this at gop.com:

“In the same law review article, Kagan endorses the view that the Court’s primary role is to “show special solicitude” for people a judge has empathy for.

In the article about her former boss, Justice Thurgood Marshall, Kagan wrote:

For in Justice Marshall’s view, constitutional interpretation demanded, above all else, one thing from the courts: it demanded that the courts show a special solicitude for the despised and disadvantaged.  It was the role of the courts, in interpreting the Constitution, to protect the people who went unprotected by every other organ of government — to safeguard the interests of people who had no other champion.

The majority of Americans want a justice who understands that the Founders intended the Court to serve as a neutral arbiter of disputes.  The question for Kagan is whether she believes in a ‘modern Constitution’ shaped by activist judges pursuing personal political agendas or whether she believes in basing judicial decisions based on the Constitution and the rule of law.”

Would that include “activist judges” like the majority on the Roberts Court who overturned more than a hundred years of legal precedent and greatly expanded the parameters of the case to “pursue their personal political agenda” by granting corporations the rights of individuals in Citizens United v. FEC? Those kind of “activist judges?”

The End is Near: Glenn Beck is the Voice of Reason

05 Wednesday May 2010

Posted by in Bill of Rights, Congress, Politics, Republicans, terrorism

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OK, it’s official, we are through the looking glass on the treatment of suspected terrorists. Glenn Beck is the voice of reason and sanity. Yes, you read that right, Glenn Beck, reason, and sanity all in the same sentence. On Fox and Friends yesterday, Beck said of Faisal Shahzad, the Pakistani-born American citizen arrested in the attempted Times Square bombing:

“He is a citizen of the United States, so I say we uphold the laws and the Constitution on citizens. If you are a citizen, you obey the law and follow the Constitution. He has all the rights under the  Constitution. We don’t shred the Constitution when it’s popular. We do the right thing.”

Vodpod videos no longer available.The award for the most extreme, knee-jerk (emphasis on jerk) reaction comes from Joe Lieberman. He proposes taking away the citizenship of those who are “affiliated” (whatever that means) with foreign terrorist organizations when they are “apprehended and charged.” 

My own Senator finds that “interesting”:

Sen. John Cornyn (R-Texas), the head of of the GOP’s Senate campaign arm, is open to Lieberman’s idea. “I’m interested in Senator Lieberman’s approach. He is one of our leading members when it comes to national security issues and I would be interested in exploring that. I think at some point an act of war is a treasonous act, which could be a basis for relinquishing one’s citizenship,” he said.

I propose that we take away the citizenship of those who advocate that we take away the citizenship of others. I think that might solve the problem.

Obama Administration “Quietly Maneuvering” to Renew Patriot Act

29 Tuesday Dec 2009

Posted by in George W. Bush, Obama, Politics, Uncategorized, war on terror

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More of George W. Bush’s third term, coming at us while our attention is focused elsewhere:

“With key sections of the U.S. Patriot Act set to expire Dec. 31, the Obama administration – essentially tiptoeing through the corridors of Congress and using the raucous health care debate as cover – has quietly maneuvered for renewal of the controversial provisions, which he opposed as a senator.

This week, with time running out and no time to debate the bill on its merits, Democratic supporters of reauthorization in the Senate tried but fail to win House support to embed the provisions in a separate $626 billion Pentagon funding bill. The House has passed a bill with stronger civil liberties protections, but that version is not expected to survive.”

Well, of course not. We don’t need no stinkin’civil liberties. Safety at all costs, the Constitution and the Bill of Rights be damned.

“Perhaps the most contentious measure is the business records provision, also known as the library provision, which allows the government to seek a court order forcing private entities such as banks, hospitals, and libraries to hand over “any tangible thing” – from library circulation records to medical records – officials think is relevant in a terrorist investigation.”

“Think” is relevant? What happened to innocent until proven guilty? Just another outdated, pre-9/11 concept, I suppose.

“Earlier this year, Sen. Russ Feingold (D-Wisconsin) had worked to place language in the bill strengthening civil liberties protections, but in the judiciary committee the Obama administration worked with Republicans to craft seven amendments, effectively watering down Feingold’s work.”

Ain’t bi-partisanship a beautiful thing?

“Feingold did win an amendment that restricts so-called “sneak and peek” searches that allow the government to enter a home and perform a search without having to inform the subject of the search until months later. The senator’s amendment requires that subjects of sneak-and-peek searches be notified within seven days, unless a judge grants an extension.”
Nice caveat. Now here’s the reality.

“In 2008, the federal government reported 763 sneak-and-peak warrant requests and 528 requests for extensions, as of the year ending Sept. 30, 2008. Four of the applications were denied…Only three of the 763 warrant requests were terrorism related. Sixty-five percent concerned drug investigations.”

Here are the three provisions which the Bush Obama administration is “quietly maneuvering” to renew. More openness and transparency.

“The first…would allow a secret court to continue to permit “roving wiretaps” without the government identifying who is being targeted, or which specific phone lines or communication devices are to be monitored. What officials must do is assert that the target is an agent of a foreign power or a suspected terrorist.

Under the “lone wolf” statute, the U.S. may target for surveillance non-U.S. persons it believes are engaging in terrorism or are preparing to undertake terrorist activities, whether or not that person can be linked to a foreign power or organization. Previously, the government had to establish such a link.”

The second provision, Section 215 of the Patriot Act, permits the FBI to ask a FISA, or secret court, to order the production of any item relevant to a FISA investigation…As with roving wiretaps, the government must assert that the records are relevant to foreign intelligence gathering and/or a terrorism investigation.

What a difference 3 years makes:

“As an Illinois senator in 2005, Barack Obama opposed the core of these provisions when they were up for renewal then, saying he wanted to safeguard the country from terrorist attack but had concerns about seeking business records and the wiretapping language.

Three years later, however, Obama was singing a different tune, voting to allow warrantless wiretaps of Americans’ calls if they were communicating overseas with somebody the government believed was linked to terrorism.”

Quite a “change,” huh?