Tag: Fourth Amendment

Constitution Day 2015

Eliminating birthright citizenship… It implies a reckless urge to break down ancient legal principles without inquiring why those traditions existed in the first place.

Close up of the Constitution of the United States of America with quil feather pen
Close up of the Constitution of the United States of America with quill feather pen

Constitution Day is tomorrow, so I found some articles from the previous 12 months, pulling out quotes, to commemorate it. I suggest you read the whole article.

Civics For Dummies: Judicial Review
People who dislike particular court rulings often imagine that this power of judicial review wasn’t in the Founders’ original vision at all; somewhere along the line the Supreme Court just usurped it. But in fact, the Founders foresaw judicial review and approval.

How the NRA Rewrote the Second Amendment
“‘One loves to possess arms’ wrote Thomas Jefferson, the premier intellectual of his day, to George Washington on June 19, 1796.” What a find! Oops: Jefferson was not talking about guns. He was writing to Washington asking for copies of some old letters, to have handy so he could issue a rebuttal in case he got attacked for a decision he made as secretary of state. The NRA website still includes the quote. You can go online to buy a T-shirt emblazoned with Jefferson’s mangled words.

Opinion analysis: Reasonable mistakes of law by police do not violate the Fourth Amendment
The vague word “unreasonable” in the Fourth Amendment is a lawyer’s playground, and questions about what sort of circumstances constitutionally permit law enforcement seizures have thus plagued the federal courts since the Fourth Amendment was adopted.

Arizona, the Supreme Court and the End of Gerrymandering
In the fullness of time, it all wound up in litigation, in a wrangle over the definition of the word “legislature” that eventually reached the Supreme Court. What is a “legislature,” exactly? Is it a body of elected officials? Is it a body appointed by the people to perform a specific legal purpose? Can it be both?

Nothing Is More “Conservative” Than Birthright Citizenship
Make no mistake, eliminating birthright citizenship would require an overthrow of established traditions. It implies a reckless urge to break down ancient legal principles without inquiring why those traditions existed in the first place. In short, it requires precisely the sort of thing conservatives are supposed to be against.

The Five Worst Supreme Court Justices In American History, Ranked
Even amidst this dark history, certain justices stand out as particularly mean-spirited, ideological, or unconcerned about their duty to follow the text of the Constitution.

This week in Obama political scandal

It’s the attempt by the federal government to make legal acts, or marginally illegal acts, literally a federal case.

President Obama is currently embroiled in three situations labeled as political scandal. The IRS scandal is the most problematic in that it involves a highly disliked arm of government that affects almost everyone’s lives. But I agree that the REAL scandal in the IRS issue is that there are lots of political groups on both ends of the political spectrum getting tax-exempt status, when that designation should be limited to more cultural/civic issues. Since the Citizens United ruling by the Supreme Court in 2010, there have been far more organizations of every political stripe trying to influence elections, sometimes illegally. Also, the richer applicants fell under lesser scrutiny, a real class distinction. The President has shown public indignation over this particular issue, but he may be missing the bigger picture.

The notion that the Benghazi story is bigger than Watergate and Iran contra combined suggests that the “silly season” has already begun, Bob Woodward’s assertion notwithstanding. If there are altered documents, it may be Republicans feeding them to the mainstream media. At the end of the day, the real story on the government side will be that the US was ill-prepared for an attack in a hot spot, on a significant day (9/11 in 2012) despite warnings within the Administration, that no help was available to those who died there; that’s the scandal. The “talking points” of who said what, and when? An issue will be made of this, but it seems like usual interagency jockeying, rather than malicious intent to me.

I’m much more concerned by the unethical seizure of phone records of Associated Press journalists in connection to media leaks; it’s not just that First Amendment “freedom of speech” thing; it’s a Fourth Amendment “unreasonable search and seizure” thing, which has the effect of stifling whistleblowers. It’s the attempt to make legal acts, or marginally illegal acts, literally a federal case. One saw this in the Aaron Schwartz case, huge governmental overreach. The story of the octogenarian nun in federal prison for protesting may tick you off as it did me.

The President, as noted, seems to be worked up over one of these issues, but is more defensive about the other two. I would wish he’d get more excited about trampling people’s constitutional rights, but that does not appear to be in the cards. I find his behavior disappointing, to say the least.

Still, when the I word gets thrown around, I agree with this assessment: “it would take about fifty of each of the three to collectively equal Watergate, let alone the impeachment and incarceration we should have had over Iraq.”

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