Showing posts with label U.S. constitution. Show all posts
Showing posts with label U.S. constitution. Show all posts

6 Ways the US Supreme Court Has Trashed and Rewritten Our Constitution

What a sorry state the Supreme Court is in, with a creep like Scalia attacking the Voting Rights Act as a “phenomenon that is called racial entitlement.”

 O tenderest of mercies! The right to speak one’s mind freely, the right to question and challenge—upon which all other rights are hinged.
 
1. “Corporate Personhood”
The first attack came almost two hundred years ago in 1819, as the Industrial Revolution was beginning to spin serious wheels in the budding Empire. Blacks picked cotton in the South and the mills hummed in Lowell, Mass., and other river-blessed locations in the North. It was a hundred years after Newcomen’s steam engine, and less than two decades after Fulton’s steamboat would once again spur our westward expansion. Given such multifactoral impetus, and its own proclivity—established by Marshall—to oversight, how could our Supreme Court restrain its worst intentions?

And so it declared, in “Trustees of Dartmouth College vs Woodward,” the principle of “corporate personhood.” The Court was essentially restating the 14th Amendment, but now equating the “rights” of corporations to be as free as real, live, human beings from any State’s denial of “equal protection” under the laws within its jurisdiction.

Of course, this 14th Amendment “equal protection” did not apply to cotton-picking slaves, “Indian savages,” women, etc.! And that’s the assault on our national consciousness and conscience. And we have lived with that assault for nearly two centuries!

Read on...

Save the Jury

How to amend the Constitution to make the criminal justice system more fair.

Over the next few weeks, some of Slate’s favorite legal eagles will propose their favorite Constitutional amendments, in the service of our effort, with Me the People author Kevin Bleyer, to rewrite the founding document. Here’s the first crack from NYU law professor Rachel Barkow, for the benefit of another group we think of fondly—accused criminals.
Trial by Jury (Article III and the Sixth Amendment)
Defendants who wish to invoke their right to trial at the moment face an often-exorbitant price.  That’s because prosecutors often charge them with crimes that impose stiff sentences (and often mandatory ones). If they plea bargain, the sentence comes down, but if they gamble and go to trial, they usually do much more time. 
The Supreme Court has prohibited unconstitutional conditions in virtually every other context.  The state is not allowed to condition welfare benefits or permits on the relinquishment of constitutionally protected property rights or First Amendment rights, for example. But the court has taken a different path when it comes to the right to a jury trial. In this context, the court has allowed the state to condition the benefit of a lesser sentence on the relinquishment of the right to a jury trial. And it has done so for the sake of expediency.

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Alabama Town Says Church or Jail

Yes, this is what the beginning of a theocracy looks like. A small town in Alabama is forcing individuals charged with misdemeanors to choose between serving time in Jail or time at a Christian only church. Yeah, you read that right.

Starting this week, the city judge [of Bay Minette, Alabama] will implement Operation Restore Our Community (ROC), which gives misdemeanor offenders a choice between fines and jail or a year of Sunday church services. [...]

Pastor Robert Gates told WRKG that the program was a win-win for everyone involved.

"You show me somebody who falls in love with Jesus, and I'll show you a person who won't be a problem to society," he said.

ACLU of Alabama director Olivia Turner called the policy "blatantly unconstitutional."

Read on....

Do the Secret Bush Memos Amount to Treason? Top Constitutional Scholar Says Yes

By Naomi Wolf, AlterNet. Posted March 25, 2009.

Legal expert Michael Ratner calls the legal arguments made in the infamous Yoo memos, "Fuhrer's law."


In early March, more shocking details emerged about George W. Bush legal counsel John Yoo's memos outlining the destruction of the republic.

The memos lay the legal groundwork for the president to send the military to wage war against U.S. citizens; take them from their homes to Navy brigs without trial and keep them forever; close down the First Amendment; and invade whatever country he chooses without regard to any treaty or objection by Congress.

It was as if Milton's Satan had a law degree and was establishing within the borders of the United States the architecture of hell.

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I guess the corporate media is more concerned and obsessed about Michelle Obama's biceps than bothering with a story about how the U.S. became a dictatorship. Tom