March 2012 archive

Congress moves to criminalize protest, Occupiers beware!

There is bill that is dangerous to your first amendment rights that has moved through Congress and awaits the President’s signature.  The aptly titled, “Screw The First Amendment, You Damned Protesters Get Off My Lawn Act innocuously titled “Federal Restricted Buildings and Grounds Improvement Act of 2011,” has passed the Senate by unanimous consent and the House recorded only 3 votes against it.  There has been virtually no coverage in the mainstream press.

This bill which its sponsor Thomas Rooney (R-Fla) says was written to tighten up restrictions on trespass on the White House grounds is a monument to what a difference one omitted word can make and to the importance of precise language in law.

The revisions would make the law vague and open to exploitative interpretation that would effectively outlaw protest not only near persons or locations protected by the Secret Service (presidents, vice presidents, presidential Candidates, foreign dignitaries, etc.) but also at events vaguely described as, “special events of national significance.”  

On This Day In History March 7

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

March 7 is the 66th day of the year (67th in leap years) in the Gregorian calendar. There are 299 days remaining until the end of the year.

On this day in 1976, a group of 600 civil rights marchers are forcefully broken up in Selma, Alabama. This day would be remembered in the Civil Rights Movement as “Bloody Sunday”

The Selma to Montgomery marches were three marches in 1965 that marked the political and emotional peak of the American civil rights movement. They grew out of the voting rights movement in Selma, Alabama, launched by local African-Americans who formed the Dallas County Voters League (DCVL). In 1963, the DCVL and organizers from the Student Nonviolent Coordinating Committee (SNCC) began voter-registration work. When white resistance to Black voter registration proved intractable, the DCVL requested the assistance of Martin Luther King, Jr. and the Southern Christian Leadership Conference, who brought many prominent civil rights and civic leaders to support voting rights.

The first march took place on March 7, 1965 – “Bloody Sunday” – when 600 civil rights marchers were attacked by state and local police with billy clubs and tear gas. The second march took place on March 9. Only the third march, which began on March 21 and lasted five days, made it to Montgomery, 51 miles away.

The marchers averaged 10 miles a day along U.S. Route 80, known in Alabama as the “Jefferson Davis Highway”. Protected by 2,000 soldiers of the U.S. Army, 1,900 members of the Alabama National Guard under Federal command, and many FBI agents and Federal Marshals, they arrived in Montgomery on March 24, and at the Alabama Capitol building on March 25.

The route is memorialized as the Selma To Montgomery Voting Rights Trail, a U.S. National Historic Trail.

Selma essentially became the focus the right to vote marches because it was the seat of Dallas County, AL that although it has a black population of 57% with 15,000 blacks elegible to vote, there were only 130 registered. Efforts to register voters were blocked by state and local officials, the White Citizens’ Council, and the Ku Klux Klan, using a literacy test, economic pressure, and violence.

On July 2, 1964, President Lyndon B. Johnson signed the Civil Rights Act of 1964 into law, which declared segregation illegal, yet Jim Crow remained in effect. When attempts to integrate Selma’s dining and entertainment venues were resumed, blacks who tried to attend the movie theater and eat at a hamburger stand were beaten and arrested.

On July 6, John Lewis led 50 blacks to the courthouse on registration day, but Sheriff Clark arrested them rather than allow them to apply to vote. On July 9, Judge James Hare issued an injunction forbidding any gathering of three or more people under the sponsorship of civil rights organizations or leaders. This injunction made it illegal to even talk to more than two people at a time about civil rights or voter registration in Selma, suppressing public civil rights activity there for the next six months.

Planning the First March

With civil rights activity blocked by Judge Hare’s injunction, the DCVL requested the assistance of King and the Southern Christian Leadership Conference (SCLC). Three of SCLC’s main organizers – Director of Direct Action and Nonviolent Education James Bevel, Diane Nash, and [http://en.wikipedia.org/wiki/James_Orange James Orang, who had been working on Bevel’s Alabama Voting Rights Project since late 1963, a project which King and the executive board of SCLC had not joined. When SCLC officially accepted Amelia Boynton’s invitation to bring their organization to Selma, Bevel, Nash, Orange and others in SCLC began working in Selma in December 1964. They also worked in the surrounding counties along with the SNCC staff who had been active there since early 1963.

The Selma Voting Rights Movement officially started on January 2, 1965, when King addressed a mass meeting in Brown Chapel in defiance of the anti-meeting injunction.

Over the following weeks, SCLC and SNCC activists expanded voter registration drives and protests in Selma and the adjacent Black Belt counties. In addition to Selma, marches and other protests in support of voting rights were held in Perry, Wilcox, Marengo, Greene, and Hale counties.

On February 18, 1965, an Alabama State Trooper, corporal James Bonard Fowler, shot Jimmie Lee Jackson as he tried to protect his mother and grandfather in a café to which they had fled while being attacked by troopers during a nighttime civil rights demonstration in Marion, the county seat of Perry County. Jackson died eight days later, of an infection resulting from the gunshot wound, at Selma’s Good Samaritan Hospital.

In response, James Bevel called for a march from Selma to Montgomery.

Goals of the March

Bevel’s initial plan was to march to Montgomery to ask Governor George Wallace if he had anything to do with ordering the lights out and the state troopers to shoot during the march in which Jackson was killed. Bevel called the march in order to focus the anger and pain of the people of Selma, some of whom wanted to address Jackson’s death with violence, towards a nonviolent goal. The marchers also hoped to bring attention to the violations of their rights by marching to Montgomery. Dr. King agreed with Bevel’s plan, and asked for a march from Selma to Montgomery to ask Governor Wallace to protect black registrants.

Wallace denounced the march as a threat to public safety and declared he would take all measures necessary to prevent this from happening.

The First March: “Bloody Sunday”

On March 7, 1965, 525 to 600 civil rights marchers headed east out of Selma on U.S. Highway 80. The march was led by John Lewis of SNCC and the Reverend Hosea Williams of SCLC, followed by Bob Mants of SNCC and Albert Turner of SCLC. The protest went smoothly until the marchers crossed the Edmund Pettus Bridge and found a wall of state troopers waiting for them on the other side. Their commanding officer told the demonstrators to disband at once and go home. Williams tried to speak to the officer, but the man curtly informed him there was nothing to discuss. Seconds later, the troopers began shoving the demonstrators. Many were knocked to the ground and beaten with nightsticks. Another detachment of troopers fired tear gas. Mounted troopers charged the crowd on horseback.

Brutal televised images of the attack, which presented people with horrifying images of marchers left bloodied and severely injured, roused support for the U.S. civil rights movement. Amelia Boynton was beaten and gassed nearly to death; her photo appeared on the front page of newspapers and news magazines around the world Seventeen marchers were hospitalized, leading to the naming of the day “Bloody Sunday”.

Super Tuesday Open Thread

I have even less interest in this edition of the Insane Clown Posse than most (if that were possible).  I’ll have neither the time nor inclination to join you.  If you insist on playing along with Mitt there’s a place to scribble below.

Alaska 24+3 12 am Georgia 76 7 pm
Idaho 32 10 pm Ohio 63+3 7:30 pm
Oklahoma 40+3 8 pm Massachusetts 38+3 8 pm
North Dakota 25+3 9 pm Tennessee 55+3 8 pm
Vermont 17 7 pm Virginia 46+3 7 pm

You may well ask what those fancy +3s are.  Those are delegates chosen outside the normal selection process and will not be decided tonight.

Holder: We Can Kill You Because We Can

Yes, that is essentially what US Attorney General Eric Holder said in a speech at Northwestern University.

   Attorney General Eric H. Holder Jr. asserted on Monday that it is lawful for the government to kill American citizens if officials deem them to be operational leaders of Al Qaeda who are planning attacks on the United States and if capturing them alive is not feasible.

   “Given the nature of how terrorists act and where they tend to hide, it may not always be feasible to capture a United States citizen terrorist who presents an imminent threat of violent attack,” Mr. Holder said in a speech at Northwestern University’s law school. “In that case, our government has the clear authority to defend the United States with lethal force.” […]

   “Some have argued that the president is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of Al Qaeda or associated forces,” Mr. Holder said. “This is simply not accurate. ‘Due process’ and ‘judicial process’ are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.”

In taking apart Holder’s justification for murder, David Swanson so chillingly describes the government can kill you anywhere, anyplace, anytime they choose without evidence, charges, arrest or approval:

Attorney General Eric Holder on Monday explained why it’s legal to murder people – not to execute prisoners convicted of capital crimes, not to shoot someone in self-defense, not to fight on a battlefield in a war that is somehow legalized, but to target and kill an individual sitting on his sofa, with no charges, no arrest, no trial, no approval from a court, no approval from a legislature, no approval from we the people, and in fact no sharing of information with any institutions that are not the president.[..]

Nor can promising to imprison people without a fair trial justify murdering people.  But Holder does not do that.  He promises kangaroo courts:

   “Much has been made of the distinction between our federal civilian courts and revised military commissions.  The reality is that both incorporate fundamental due process and other protections that are essential to the effective administration of justice – and we should not deprive ourselves of any tool in our fight against al Qaeda.” [..]

Holder then explains, sensibly enough, why non-military courts work just fine (unless an extreme record of nearly 100% convictions worries you):

   “Simply put, since 9/11, hundreds of individuals have been convicted of terrorism or terrorism-related offenses in Article III courts and are now serving long sentences in federal prison.  Not one has ever escaped custody.  No judicial district has suffered any kind of retaliatory attack.” [..]

Holder turns next to the presidential power to imprison people that was signed into law on New Year’s Eve as part of the National “Defense” Authorization Act:

   “This Administration has worked in other areas as well to ensure that counterterrorism professionals have the flexibility that they need to fulfill their critical responsibilities without diverging from our laws and our values.  Last week brought the most recent step, when the President issued procedures under the National Defense Authorization Act.  This legislation, which Congress passed in December, mandated that a narrow category of al Qaeda terrorist suspects be placed in temporary military custody.

This legislation did nothing of the sort.  For one thing, Obama unconstitutionally altered it in a signing statement as it applied to a huge prison full of largely non-al Qaeda prisoners in Afghanistan.  In addition, there has been quite a bit of discussion of the power this bill creates to imprison U.S. citizens. [..]

And, despite tremendous, often willful, confusion, the history is clear that Obama insisted on the power to imprison U.S. citizens and to do so outside of the military.

This is madness. The Constitution does not permit any of this. Holder quoted no legal standards. As the New York Times reported in its article on Holder’s speech, “the speech had contained no footnotes or specific legal citations”:

{..} and it fell far short of the level of detail contained in the Office of Legal Counsel memo – or in an account of its contents published in October by The New York Times based on descriptions by people who had read it.

The administration has declined to confirm that the memo exists, and late last year, The Times filed a lawsuit under the Freedom of Information Act asking a judge to order the Justice Department to make it public. In February, the American Civil Liberties Union filed a broader lawsuit, seeking both the memo and the evidence against Mr. Awlaki.

And where are the Democrats and so-called “progressives”? As Glenn Greenwald at Salon writes, “Yet, with some righteous exceptions, the silence is deafening, or worse“:

How can anyone who vocally decried Bush’s mere eavesdropping and detention powers without judicial review possibly justify Obama’s executions without judicial review? How can the former (far more mild powers) have been such an assault on Everything We Stand For while the latter is a tolerable and acceptable assertion of war powers? If Barack Obama has the right to order accused Terrorists executed by the CIA because We’re At War, then surely George Bush had the right to order accused Terrorists eavesdropped on and detained on the same ground. [..]

To recap Barack Obama’s view: it is a form of “terror” for someone to be detained “without even getting one chance to prove their innocence,” but it is good and noble for them to be executed under the same circumstances. To recap Eric Holder’s view: we must not accept when the Bush administration says “just trust us” when it comes to spying on the communications of accused Terrorists, but we must accept when the Obama administration says “just trust us” when it comes to targeting our fellow citizens for execution. As it turns out, it’s not 9/11/01 that Changed Everything. It’s 1/20/09. [..]

Find a defender of Obama’s assassination program and all you’ll hear is exactly the same thing: this is only being directed at The Terrorists like Awlaki, so we don’t need any court review or due process. Here was Holder yesterday: “it is imperative for the government to counter threats posed by senior operational leaders of al Qaeda, and to protect the innocent people whose lives could be lost in their attacks,” and assassination orders are only issued once “the U.S. government has determined, after a thorough and careful review, that the individual poses an imminent threat of violent attack against the United States.” [..]

He (Holder) said, for instance, that “the Supreme Court has made clear that the Due Process Clause does not impose one-size-fits-all requirements, but instead mandates procedural safeguards that depend on specific circumstances.” That part is true: in the 2004 case of Hamdi v. Rumsfeld, the Supreme Court rejected the Bush administration’s argument that it could detain American citizens accused of Terrorism without any process for them to contest the accusations against them, though the Court held that something less than a full-scale trial could satisfy the Due Process clause. But as Marcy Wheeler points out, the Court imposed “due process” requirements that are the exact opposite of what the Obama administration is doing with its assassinations.

The very idea that presidential assassination powers will become accepted policy for every future president, that the core of the Constitutional protection of due process can be based solely on the word of the president and made in total secrecy without the opportunity to view, or even refute, any evidence is abhorrent and evil.

These articles with their extensive citations by credible authors are must reads:

Attorney General Holder Says Murder Is Legal

by David Swanson, anti-war activist and author of Day Break and War Is A Lie, who runs the websites DavidSwanson.org and WarIsACrime.org (formerly AfterDowningStreet.org)

Attorney General Holder defends execution without charges

by Glenn Greenwald, best selling author, former Constitutional and civil rights litigator and contributing writer at Salon

Eric Holder’s View on National Security: Three Branches. Except for When the Third becomes Inconvenient.

by Marcy Wheeler, author and runs website emptywheel

When the US Government Can Kill You, Explained

by Adam Serwer, writer for Mother Jones

Time to Play “What if Alberto Gonzalez Said That?”

by John Cole, blogger and runs website Balloon Juice

How We Can Help President Obama Today

by Charles P. Pierce, contributing write at Esquire

Assassinating U.S. Citizens: Holder says “Yes We Can”

by Jesselyn Radack, director of National Security & Human Rights at the Government Accountability Project.  

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Eugene Robinson: GOP Candidates Rush From Judgment

How’s this for political cowardice? Right-wing bloviator Rush Limbaugh launches a vile attack, full of sexual insults and smarmy innuendo, against a young woman whose only offense was to speak her mind. Asked to comment, the leading Republican presidential candidates-who bray constantly about “courage” and “leadership”-run from the bully and hide. [..]

What does this say about these men? To me, it suggests that maybe Romney isn’t as smart and disciplined as he’s said to be. Maybe Santorum isn’t as sincere, compassionate or moralistic as he appears. Maybe Gingrich’s vaunted intellectual courage is afraid of its own shadow.

Katrina vanden Heuval: Challenging the Self-Made Myth

Over the last thirty years, anti-government arguments by conservative pundits and politicians have gained prominence, and the rhetoric this 2012 campaign season seems more toxic than ever. Republicans are relentlessly pushing the notion that lower taxes, less regulation and small government (except for defense) will magically end the recession and create a better country, and “job creators” will lift all boats.

It’s BS. As Congressman Barney Frank recently said, “I’ve never seen a tax cut put out a fire. I’ve never seen a tax cut build a bridge.”

Americans benefit every day from government-from consumer protection to roads and bridges to food and safety regulation-even people who claim to hate an “activist government” are some of the prime beneficiaries of the safety net at a moment when there are still over four unemployed workers for every available job and nearly one in six Americans lives in poverty.

But the GOP has wagered its future on ruthlessly and relentlessly attacking government-it isn’t about to let reality get in the way of its crusade.

Henry A. Giroux: The Scorched-Earth Politics of America’s Four Fundamentalisms

Americans seem confident in the mythical notion that the United States is a free nation dedicated to reproducing the principles of equality, justice and democracy. What has been ignored in this delusional view is the growing rise of an expanded national security state since 2001 and an attack on individual rights that suggests that the United States has more in common with authoritarian regimes like China and Cuba “than anyone may like to admit.”(1) I want to address this seemingly untenable notion that the United States has become a breeding ground for authoritarianism by focusing on four fundamentalisms: market fundamentalism, religious fundamentalism, educational fundamentalism and military fundamentalism. This is far from a exhaustive list, but it does raise serious questions about how the claim to democracy in the United States has been severely damaged, if not made impossible.

Carl Bloice: And Now, the Catfood Party

Like most establishment pundits, Thomas Friedman (and apparently most of the rest of the nation) came away from the awful reality show called the Republican Presidential debates quite discouraged. While some prominent conservatives in the party are openly casting about for a way to inject some sanity into the race and perhaps another candidate the New York Times columnist is talking up another party. “Eventually the `circular firing squad’ that is the Republican primary will be over and the last man standing will be the party’s nominee for president,” wrote the scribe of flat earth fame. “If that candidate is Rick Santorum, I think there is a good chance a Third Party will try to fill the space between the really `severely conservative’ Santorum (or even Mitt Romney) and the left-of-center Barack Obama.” (Notice how he puts the unnamed party in capital letters, probably to set it off from the already existing alternatives, like the Green Party, or Socialist Party.)

New York Times Editorial: A Weakened Miranda Rule

The Supreme Court recently did significant damage to the Miranda rule, which requires that suspects in custody be told of their right to remain silent and to have a lawyer present, and that any statements they make could be used against them in criminal proceedings.

Without these warnings, statements made are inadmissible as evidence, the court said in the 1966 case Miranda v. Arizona, because “the very fact of custodial interrogation exacts a heavy toll on individual liberty, and trades on the weaknesses of individuals.”

That is exactly the principle violated by the court’s new ruling in Howes v. Fields. The case involved Randall Lee Fields, who was in jail in Michigan for disorderly conduct, was interrogated by sheriffs there and, based on what he said, was sentenced to 10 to 15 years in prison for a sex crime.

George Monbiot: How Ayn Rand Became the New Right’s Version of Marx

Her psychopathic ideas made billionaires feel like victims and turned millions of followers into their doormats

It has a fair claim to be the ugliest philosophy the postwar world has produced. Selfishness, it contends, is good, altruism evil, empathy and compassion are irrational and destructive. The poor deserve to die; the rich deserve unmediated power. It has already been tested, and has failed spectacularly and catastrophically. Yet the belief system constructed by Ayn Rand, who died 30 years ago today, has never been more popular or influential.

Rand was a Russian from a prosperous family who emigrated to the United States. Through her novels (such as Atlas Shrugged) and her nonfiction (such as The Virtue of Selfishness) she explained a philosophy she called Objectivism. This holds that the only moral course is pure self-interest. We owe nothing, she insists, to anyone, even to members of our own families. She described the poor and weak as “refuse” and “parasites”, and excoriated anyone seeking to assist them. Apart from the police, the courts and the armed forces, there should be no role for government: no social security, no public health or education, no public infrastructure or transport, no fire service, no regulations, no income tax.

Danny Schechter: Sweet Home Chicago: G8 Summit Moved but Protests Will Continue

Did the Obama alumni Association in Chicago—David Axelrod, Rahm Emanuel, and Bill Daley—get nervous and call the White House, or was it Barack himself, having disposed/co-opted one threat by the name of Netanyahu who recognized he had a more serious problem on the horizon.

The president has been playing Ronald Reagan these days, talking tough while feinting towards the center. What he most decidedly does not want to do is play Hubert Humphrey and relive the summer of 1968 in Chicago. That’s why the G8 meeting was shifted from contested ground there to safe space in the ultra secure well-guarded environment of Maryland’s Camp David.

The last thing the president needs in the middle of his campaign is another police riot in the second city.

Call me Snake

G-8 summit to be held at Camp David, not Chicago

By Christi Parsons Tribune reporter, Chicago Tribune

5:42 p.m. CST, March 5, 2012

Camp David will more closely approximate the remote settings in which the G8 leaders prefer to gather. Summits in large cities typically see clamorous protests, while those in the countryside are calmer and more sedate.



Chicago police estimated that 2,000 to 10,000 demonstrators were expected to show up for the overlapping G-8 and NATO summits.  At least two major demonstrations were already planned for downtown during the summit, and organizers said they wanted to send crowds of marchers down Michigan Avenue in the middle of the day.



The mayor had also sought tough changes in ordinances governing public demonstrations. But in the face of criticism from aldermen and civil rights groups, he was forced to scale them back.

(h/t Atrios)

On This Day In History March 6

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

March 6 is the 65th day of the year (66th in leap years) in the Gregorian calendar. There are 300 days remaining until the end of the year.

On this day in 1857, the US Supreme Court hands down its decision on Sanford v. Dred Scott, a case that intensified national divisions over the issue of slavery.

Dred Scott v. Sandford, 60 U.S. 393 (1857), was a ruling by the U.S. Supreme Court that people of African descent imported into the United States and held as slaves (or their descendants, whether or not they were slaves) were not protected by the Constitution and could never be U.S. citizens. The court also held that the U.S. Congress had no authority to prohibit slavery in federal territories and that, because slaves were not citizens, they could not sue in court. Furthermore, the Court ruled that slaves, as chattels or private property, could not be taken away from their owners without due process. The Supreme Court’s decision was written by Chief Justice Roger B. Taney.

Although the Supreme Court has never overruled the Dred Scott case, the Court stated in the Slaughter-House Cases of 1873 that at least one part of it had already been overruled by the Fourteenth Amendment in 1868:

   The first observation we have to make on this clause is, that it puts at rest both the questions which we stated to have been the subject of differences of opinion. It declares that persons may be citizens of the United States without regard to their citizenship of a particular State, and it overturns the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction citizens of the United States.

The Decision

The Supreme Court ruling was handed down on March 6, 1857, just two days after Buchanan’s inauguration. Chief Justice Taney delivered the opinion of the Court, with each of the concurring and dissenting Justices filing separate opinions. In total, six Justices agreed with the ruling; Samuel Nelson concurred with the ruling but not its reasoning, and Benjamin R. Curtis and John McLean dissented. The court misspelled Sanford’s name in the decision.

Opinion of the Court

The Court first had to decide whether it had jurisdiction. Article III, Section 2, Clause 1 of the U.S. Constitution provides that “the judicial Power shall extend… to Controversies… between Citizens of different States….” The Court held that Scott was not a “citizen of a state” within the meaning of the United States Constitution, as that term was understood at the time the Constitution was adopted, and therefore not able to bring suit in federal court. Furthermore, whether a person is a citizen of a state, for Article III purposes, was a question to be decided by the federal courts irrespective of any state’s definition of “citizen” under its own law.

Thus, whether Missouri recognized Scott as a citizen was irrelevant. Taney summed up,

   Consequently, no State, since the adoption of the Constitution, can by naturalizing an alien invest him with the rights and privileges secured to a citizen of a State under the Federal Government, although, so far as the State alone was concerned, he would undoubtedly be entitled to the rights of a citizen, and clothed with all the rights and immunities which the Constitution and laws of the State attached to that character.

This meant that

   no State can, by any act or law of its own, passed since the adoption of the Constitution, introduce a new member into the political community created by the Constitution of the United States.

The only relevant question, therefore, was whether, at the time the Constitution was ratified, Scott could have been considered a citizen of any state within the meaning of Article III. According to the Court, the authors of the Constitution had viewed all blacks as

   beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.

The Court also presented a parade of horribles argument as to the feared results of granting Mr. Scott’s petition:

   It would give to persons of the negro race, …the right to enter every other State whenever they pleased, …the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went.

Scott was not a citizen of Missouri, and the federal courts therefore lacked jurisdiction to hear the dispute.

Despite the conclusion that the Court lacked jurisdiction, however, it went on to hold (in what Republicans would label its “obiter dictum”) that Scott was not a free man, even though he had resided for a time in Minnesota (then called the Wisconsin Territory). The Court held that the provisions of the Missouri Compromise declaring it to be free territory were beyond Congress’s power to enact. The Court rested its decision on the grounds that Congress’s power to acquire territories and create governments within those territories was limited. They held that the Fifth Amendment barred any law that would deprive a slaveholder of his property, such as his slaves, because he had brought them into a free territory. The Court went on to state – although the issue was not before the Court – that the territorial legislatures had no power to ban slavery. The ruling also asserted that neither slaves “nor their descendants, were embraced in any of the other provisions of the Constitution” that protected non-citizens.

This was only the second time in United States history that the Supreme Court had found an act of Congress to be unconstitutional. (The first time was 54 years earlier in Marbury v. Madison).

The Fight For Marriage Equality

“8”: A Play about the Fight for Marriage Equality

Featuring an all-star cast including George Clooney, Brad Pitt, Martin Sheen, Jamie Lee Curtis, Jane Lynch, Kevin Bacon and others, “8” is a play written by Academy Award winning screenwriter Dustin Lance Black and directed by acclaimed actor and director Rob Reiner. It is a powerful account of the case filed by the American Federation for Equal Rights (AFER ) in the U.S. District Court in 2010 to overturn Proposition 8, a constitutional amendment that eliminated the rights of same-sex couples to marry in the state of California. Framed around the trial’s historic closing arguments in June 2010, 8 provides an intimate look what unfolded when the issue of same-sex marriage was on trial.

This was a live production of the reading of Dustin Lance Black’s “8″, a play based on the transcripts from the hearings before Judge Vaughn Walker on the constitutionality of California’s Proposition 8 which banned state sanctioned same sex marriage. I join Teddy Partridge in his congrats to Judge Walker for having Brad Pitt play his roll. George Clooney and Martin Sheen play Daivd Boies and Ted Olson, the lawyers who argued the case for the American Foundation for Equal Rights. Also, Kevin Bacon plays Charles J. Cooper, the lead attorney for supporters of Proposition 8, and Jane Lynch is Maggie Gallagher, co-founder of the National Organization for Marriage. The actual play is about 90 minutes.

In February, a three judge panel of the 9th Circuit upheld Judge Walker’s decision. The supporters of Proposition 8 asked the Ninth Circuit to grant them an en banc rehearing of the 2 to 1 decision.

Hurtling Towards a War with Iran

In his annual speech to AIPAC, President Obama said:



“Already, there is too much loose talk of war. Over the last few weeks, such talk has only benefited the Iranian government, by driving up the price of oil, which they depend on to fund their nuclear program. For the sake of Israel’s security, America’s security, and the peace and security of the world, now is not the time for bluster; now is the time to let our increased pressure sink in, and to sustain the broad international coalition we have built. Now is the time to heed that timeless advice from Teddy Roosevelt: speak softly, carry a big stick. And as we do, rest assured that the Iranian government will know our resolve – that our coordination with Israel will continue.”

If there is “too much loose talk of war”, perhaps President Obama needs to stop threatening to start one with Iran. The only ones who are driving up the price of oil with loose talk are Obama and the Prime Minister of Israel, Benjamin Netanyahu. The president needs to stop perpetuating lies that his own national security advisors have said are not true and of which there is no evidence:

“A nuclear-armed Iran is completely counter to Israel’s security interests. But it is also counter to the national security interests of the United States. Indeed, the entire world has an interest in preventing Iran from acquiring a nuclear weapon. A nuclear-armed Iran would thoroughly undermine the non-proliferation regime that we have done so much to build. There are risks that an Iranian nuclear weapon could fall into the hands of a terrorist organization. It is almost certain that others in the region would feel compelled to get their own nuclear weapon, triggering an arms race in one of the most volatile regions in the world. It would embolden a regime that has brutalized its own people, and it would embolden Iran’s proxies, who have carried out terrorist attacks from the Levant to southwest Asia.”

Iran, like the United States signed and ratified the Treaty on Non-Proliferation of Nuclear Weapons.

And this statement certainly doesn’t sound like Obama was backing away from banging the drum for a war:

“Iran’s leaders should know that I do not have a policy of containment,” he said. “I have a policy to prevent Iran from obtaining a nuclear weapon. And as I’ve made clear time and again during the course of my presidency, I will not hesitate to use force when it is necessary to defend the United States and its interests.”

Just how legal an attack, or even the threat of one, on Iran would be is discussed on this article by Glenn Greenwald at Salon:

Regardless of how one wants to rationalize these threats of an offensive military attack – they’re necessary to persuade the Israelis not to attack, they’re necessary to gain leverage with Iran, etc. – the U.N. Charter, to which the U.S. is a signatory, explicitly prohibits not just a military attack on another nation, but also the issuance of threats of such an attack. From Chapter II, paragraph 4:

   All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Does this matter at all? Should we even pretend to care in any way what the U.N. Charter prohibits and whether the U.S. Government’s threats to attack Iran directly violate its core provisions? I’m not asking this simple question rhetorically but rather to hear the answer.

The UN was of little concern to George W. Bush; it’s no wonder it’s of little concern for Barack H. Obama

So what are Iran’s leaders saying? From Juan Cole:

“A week and a half ago, Khamenei gave a major foreign policy speech in which he said,

The Iranian nation has never pursued and will never pursue nuclear weapons. There is no doubt that the decision makers in the countries opposing us know well that Iran is not after nuclear weapons because the Islamic Republic, logically, religiously and theoretically, considers the possession of nuclear weapons a grave sin and believes the proliferation of such weapons is senseless, destructive and dangerous.

There is no evidence that Iran is trying to even develop a nuclear weapon. Getting into another war in the Middle East is not in the best interests of the US, Israel or the rest of the world.

Barack are you listening?

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Paul Krugman: States of Depression

The economic news is looking better lately. But after previous false starts – remember “green shoots”? – it would be foolish to assume that all is well. And in any case, it’s still a very slow economic recovery by historical standards.

There are several reasons for this slowness, with the most important being the overhang of household debt that is a legacy of the housing bubble. But one significant factor in our continuing economic weakness is the fact that government in America is doing exactly what both theory and history say it shouldn’t: slashing spending in the face of a depressed economy.

In fact, if it weren’t for this destructive fiscal austerity, our unemployment rate would almost certainly be lower now than it was at a comparable stage of the “Morning in America” recovery during the Reagan era.

New York Times Editorial: Drill Baby Drill, Redux

It’s campaign season and the pandering about gas prices is in full swing. Hardly a day goes by that a Republican politician does not throw facts to the wind and claim that rising costs at the pump are the result of President Obama’s decisions to block the Keystone XL pipeline and impose sensible environmental regulations and modest restrictions on offshore drilling.

Next, of course, comes the familiar incantation of “drill, baby, drill.” Mr. Obama has rightly derided this as a “bumper sticker,” not a strategy. Last week, he agreed that high gas prices were a real burden, but said the only sensible response was a balanced mix of production, conservation and innovation in alternative fuels.

Tom Gallagher: War Crimes Hypocrisy

The Leona Helmsley theory of international law

Asked whether Syrian president Bashar al-Assad was a war criminal, U.S. Secretary of State Hillary Clinton told the Senate Appropriations Committee that “Based on definitions of war criminal and crimes against humanity, there would be an argument to be made that he would fit into that category,” although she downplayed the idea of charging him as such, in the interest of persuading him “perhaps to step down from power.”  And with maybe 7,000 Syrian civilian deaths in the past year, probably few outside of al-Assad’s power apparatus would argue strenuously with her characterization.  There was a rather large elephant in that committee room, though.  The Senate and the Administration are accustomed to thinking that they define and enforce justice on a global basis, but doesn’t justice, like charity, begin at home?

Like perhaps with George W. Bush?  Prosecuting the former U.S. President  for the crime of invading Iraq would, of course, be considered absurd on Capitol Hill and is virtually ignored in the mainstream American media, yet the matter is not taken so lightly everywhere.  Last November, for instance, a War Crimes Tribunal in Kuala Lumpur, Malaysia convicted both Bush and former United Kingdom Prime Minister Tony Blair of “crimes against peace.”  The verdict concluded that “Weapons investigators had established that Iraq had no weapons of mass destruction. Iraq was also not posing any threat to any nation at the relevant time that was immediate that would have justified any form of pre-emptive strike.”

David Swanson: Un-Cheating Justice: Two Years Left to Prosecute Bush

Elizabeth Holtzman knows something about struggles for justice in the U.S. government.  She was a member of Congress and of the House Judiciary Committee that voted for articles of impeachment against President Richard Nixon in 1973. She proposed the bill that in 1973 required that “state secrets” claims be evaluated on a case-by-case basis. She co-authored the special prosecutor law that was allowed to lapse, just in time for the George W. Bush crime wave, after Kenneth Starr made such a mockery of it during the Whitewater-cum-Lewinsky scandals.  She was there for the creation of the Foreign Intelligence Surveillance Act (FISA) in 1978. She has served on the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group, bringing long-escaped war criminals to justice.  And she was an outspoken advocate for impeaching George W. Bush.

Holtzman’s new book, coauthored with Cynthia Cooper, is called “Cheating Justice: How Bush and Cheney Attacked the Rule of Law and Plotted to Avoid Prosecution — and What We Can Do About It.”  Holtzman begins by recalling how widespread and mainstream was the speculation at the end of the Bush nightmare that Bush would pardon himself and his underlings.  The debate was over exactly how he would do it.  And then he didn’t do it at all.

Jim Hightower: Treating Sick Rich Folks

In these trying times of health care austerity, it reaffirms one’s faith in humanity to learn that many hospitals are now going the extra mile to provide top quality care for all.

For all super-rich people that is. These folks are so rich they can buy their way into “amenities units” built into secluded sections of many hospitals. It’s not medical care that they’re peddling to an elite clientele, but the personal pampering that the superrich expect in all aspects of their lives.

Chris Hedges: AIPAC Works for the 1 Percent

The battle for justice in the Middle East is our battle. It is part of the vast, global battle against the 1 percent. It is about living rather than dying. It is about communicating rather than killing. It is about love rather than hate. It is part of the great battle against the corporate forces of death that reign over us-the fossil fuel industry, the weapons manufacturers, the security and surveillance state, the speculators on Wall Street, the oligarchic elites who assault our poor, our working men and women, our children, one in four of whom depend on food stamps to eat, the elites who are destroying our ecosystem with its trees, its air and its water and throwing into doubt our survival as a species.

What is being done in Gaza, the world’s largest open-air prison, is a pale reflection of what is slowly happening to the rest of us. It is a window into the rise of the global security state, our new governing system that the political philosopher Sheldon Wolin calls “inverted totalitarianism.” It is a reflection of a world where the powerful are not bound by law, either on Wall Street or in the shattered remains of the countries we invade and occupy, including Iraq with its hundreds of thousands of dead. And one of the greatest purveyors of this demented ideology of violence for the sake of violence, this flagrant disregard for the rule of domestic and international law, is the American Israel Public Affairs Committee, or AIPAC.

E. J. Dionne, Jr.: Super Tuesday: Missing the Primary Issue

politics never stays in Ohio, and there are two story lines here on the eve of Super Tuesday.

There is, first, the Republican presidential primary fight. Rick Santorum has to win Ohio to keep his candidacy alive. A Mitt Romney triumph would, at last, turn him into the “inevitable” Republican nominee. The second narrative involves the struggle for a state that Republicans must take in November to have any chance of defeating President Obama.

The problem for Republicans is that the two story lines are not coming together.

Dave johnson: Labor’s Fight Is Our Fight

Unions have been fighting the 1% vs 99% fight for more than 100 years. Now the rest of us are learning that this fight is also OUR fight.

The story of organized labor has been a story of working people banding together to confront concentrated wealth and power. Unions have been fighting to get decent wages, benefits, better working conditions, on-the-job safety and respect. Now, as the Reagan Revolution comes home to roost, taking apart the middle class, the rest of us are learning that this is our fight, too.

The story of America is a similar story to that of organized labor. The story of America is a story of We, the People banding together to fight the concentrated wealth and power of the British aristocracy. Our Declaration of Independence laid it out: we were fighting for a government that derives its powers from the consent of us, the people governed, not government by a wealthy aristocracy telling us what to do and making us work for their profit instead of for the betterment of all of us. It was the 99% vs the 1% then, and it is the 99% vs the 1% now.

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