interpreting the constitution
number 108    06.24.07
www.redstateupdate.net
Signing Statements Interpreted as Executive Orders by Agencies
previous editions archive
An investigation into the effect of
presidential signing statements found
that federal agencies have ignored
implementing laws that had statements
attached by President Bush.  The
Government Accountability Office
studied 12 appropriations acts that were
passed in 2006, 11 of which Bush
attached singing statements asserting
that the law did not apply to the
executive or that the president could
interpret the law differently than
Congress had intended.  The
administration’s statements re-
interpreted a total of 160 separate
provisions in the 11 appropriations acts.

The investigators examined the
implementation of 19 provisions in the
appropriations acts that Bush had
expressed reservations about in signing
statements and found that six of the
laws had been ignored completely by the
Bush Administration, approximately 30
percent of the total laws reviewed.

In one instance uncovered by
investigators, the Department of
Defense ignored its responsibility to
provide detailed budget plans to
Congress that describe how money
appropriated for 2007 would be spent.  
In another example, the Federal
Emergency Management Agency refused
to submit an expenditure proposal
for a works project to Congress as
required by law.

President Bush has attached signing
statements to more than 150 laws
objecting to over 700 different
provisions of those laws.  In 85
percent of the statements, Bush
objected to the laws asserting that as
the executive, the laws did not apply
to him or the government agencies
he controls. The investigation was
requested by Sen. Robert Byrd (D-
WV), the Chairman of the Senate
Appropriations Committee, who said
about the report's findings, “Too
often, the Bush Administration does
what it wants, no matter what
the law.”                        
its all true
interpreting the constitution

crowd control

spread of the red

one nation, under surveillance

fun d' mental

in bed with the red

red state rebate

verbatim
crowd control
spread of the red
New Orleans Sees Rising Tide of Death as Federal Funds Drain Away
Properties Blighted,
Developers Delighted
Almost two years after nearly 80 percent
of New Orleans was flooded by
Hurricane Katrina, doctors have
reported that the death rate of citizens
in that city rose by nearly 50 percent in
the year that followed the natural
disaster.  

The research, which was reported in the
inaugural edition of the American
Medical Association’s journal Disaster
Medicine and Public Health
Preparedness, found that between
January and June 2006 the death rate in
New Orleans was 47 percent higher than
the year prior to the hurricane.  The
study found that “the post-Katrina
mortality rate for the first six months of
2006 was 91.37 deaths per 100,000
population.  Compared to the pre-
Katrina population mortality rate of
62.17 deaths per 100,000 population.”
The doctors who performed the
research said that the rise in deaths was
associated with the collapse of New
Orleans’ public health care
infrastructure.  The city lost 4 of its 22
hospitals and over 4000 doctors left the
city.  The study’s authors wrote that the
dramatic rise in deaths “suggested that a
destroyed or poorly recovered public
health infrastructure, which normally
would be able to identify health
problems and protect the health of a
population, has in fact contributed to
excess mortality.”

New Orleans Mayor Ray Nagin has
criticized the federal government,  
particularly the Federal Emergency
Management Agency, for slowing the
process of rebuilding the city’s health and
other critical infrastructure by delivering
aid too slowly.  The city has received
only half of the relief aid that FEMA
has budgeted to rebuild New
Orleans.  Frustrated with the slow
pace of federal bureaucracy, the
mayor has begun to seek relief
funding from foreign countries to
help New Orleans rebuild.  

The mayor’s spokes person said that
the city is ”very serious” about
accepting financial relief from foreign
governments, acknowledging that the
city has opened discussions with at
least five foreign countries.  Mayor
Nagin was prompted to seek  
disaster assistance from foreign
countries after it was reported earlier
this year that the federal government
declined to accept over $800 million
that foreign governments had
donated to help rebuild New Orleans
after the hurricane.          
its all true
Government efforts to seize
private property for
redevelopment through the
application of eminent domain
statutes are likely to target poor
and minority populations,
according to the results of a study
published to mark the second
anniversary of the US Supreme
Court decision in
Kelo v. New
London
, which supported the
concept of municipal seizure of
properties for development by
private entities.

The study, by the Institute for
Justice, found that property
owners subject to eminent
domain actions in 184 US cities
had significantly lower median
incomes and lower educational
levels. The researchers report
that some 58 percent of the
populations in areas designated
for eminent domain projects
were ethnic minorities, as
opposed to 45 percent in
neighboring districts not targeted
by municipal officials and real
estate developers. In a statement,
Institute for Justice president and
general counsel Chip Mellor said,
“The only real solution is ending
eminent domain for private
development. Those with the
least means most need robust
protection of constitutional
rights.”  

Since the 2005
Kelo ruling, at least
41 states have enacted some
form of restriction on eminent
domain powers. Most of these
reforms still make an exception
for so-called "blighted" areas, a
loophole that critics say is often
improperly exploited by cities and
private developers.     
it's all true
Traffic
redstat
AG Ties File Sharing to International Terrorism
Percent of residents over
the age of 65 by state
selected states
The Department of Justice has proposed
legislation that would criminalize
attempts to violate copyright law and
proposes a maximum sentence of life in
prison for violating copyright laws in
limited circumstances.  

Attorney General Alberto Gonzalez said
that he was going to propose the
legislation last November because he
was concerned that “large scale criminal
enterprises” were using profits derived
through intellectual property theft  “to
fund terrorism activities.”  The Justice
Department delivered the legislative
proposal to the House of
Representatives last month.

The proposed law, the Intellectual
Property Protection Act, would
criminalize even unsuccessful attempts to
infringe on protected copyrights.  The
current penalty for not-for-profit
copyright infringement, such as copying a
DVD or CD, is between one and ten
years in prison.  The Justice Department
justifies the broadening of the law
because it said that those who attempt
to commit a crime “are as morally
culpable” as a successful thief.  

The act also proposes a maximum
sentence of life in prison for the crime
of using pirated computer software and
“knowingly or recklessly” causing or
attempting to “cause death.”   

The Justice Department said that
because “counterfeit goods create
serious risks to public health and safety”,
life prison sentences are called for
to “provide greater deterrence”
to counterfeiters and users of
copied software.            
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AK
ME
MN
ND
FL
source: US Census Bureau
verbatim : quotation marks
Scalia Calls Fictional Character Witness
all our countries do not subscribe to
the mantra of “What would Jack
Bauer do?” The character Bauer uses
torture on suspects on the television
show.  Scalia responded by
recounting an episode of the TV
show in specific detail.  The episode
centered on a nuclear terror threat
to Los Angeles.  Scalia suggested
that, while torture may not be legal,
government agents could use torture
if they wanted, asking the panel of
justices rhetorically, “Is any jury going
to convict Jack Bauer?, I don’t think
so.”  Scalia remembered that it
was "a great scene.”       
its all true
Supreme Court Justice Antonin Scalia
surprised other panelists at an
international symposium regarding
torture and international terrorism law
when he used a detailed example from a
television show to posit a hypothetical
situation where torture could and should
be used.  

Scalia recently sat on a panel of senior
judges from Europe and North America
at a conference in Ottawa, Canada.  
While discussing the use of torture, a
justice from Canada made an offhand
reference to the television program
24
saying, “Thankfully, security agencies in
Clinton, Pelosi Have Problem With Boos
Spinning Stem Cell Veto a Hard Sell for Snow
Democratic presidential candidate
Senator Hillary Rodham Clinton
drew boos and shouts of
disapproval for her position and
actions on the Iraq war from the
liberal audience at the Campaign
for America’s Future conference
in Washington last week. Speaking
later to the same group, House
Speaker Nancy Pelosi also
encountered sustained vocal
opposition to her remarks on the
war and her stance on the issue
of troop withdrawals. For
Clinton, it was the second year in
a row that her appearance at the
conference was met with protests
from antiwar activists.

Clinton’s speech had started off
well, with the Senator from New
York reciting a laundry list of Bush
administration failures and
improprieties, specifically citing the
disastrous response to Hurricane
Katrina, widespread erosion of civil
liberties, and a policy of placing “ideology
before science.” But in discussing the
“catastrophic “ Iraq war, Clinton sparked
protests from the crowd when she
commented, “The American military has
succeeded; it is the Iraqi government
which has failed to make the tough
decisions.”  

Pelosi addressed the same audience later
in the day, enduring catcalls from critics
of  Democratic policy on Iraq and Darfur
that began during her introduction by
Rep. John Murtha (D-PA), and continued
throughout her speech. After her
attempts to engage the hecklers from
the dais only resulted in additional
shouting and booing, Pelosi told the
protesters, “Your impatience with the
war is totally justified.”       
it's all true
Presidential spokesperson Tony Snow
recently attempted to elucidate the
presidents’ decision to again veto the use
of federal dollars to research the  
promises of embryonic stem cell
therapy, stating that by not approving
federal funding the president is “putting
science before ideology.”

Doctors, researchers and patients have
all criticized the president’s moratorium
on funding stem cell research because it
stifles medical progress to placate
fundamentalist ideologues while
ignoring patients with long term
debilitating illnesses.  When a
reporter pointed out that the
president's veto has been criticized by
doctors for “deliberately hampering"
the process of medical research,
Snow defended his statement by
saying that the president’s ban is
“certainly not an attempt to muzzle
science.”                           
its all true
redstat
1.4m
Hits returned by a
major search engine for
queries for selected
public figures and the
phrase ‘war on terror’
1.2m
1.0m
obama          giuliani       limbaugh       clinton         o'reilly
source: Viroqua Institute
             Departments

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previous editions

        Links of the Week

Response to the President's
Assertion of Executive Privilege;
House Judiciary Committee
Chairman John Conyers, Jr.

Poor Countries Catching up with
Rich Nations in Chronic Illnesses :
World Bank report

On Just War Theory and the
Invasion of Iraq : Noam Chomsky

The Eight Medical Buddhas : 18th
century,Color and gold on canvas,
Freer and Sackler Galleries


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Researchers Offer Foreboding Forecast
Conflicts Escalate,
Refugees Proliferate
An independent group of eminent
scientists has published a research paper
dramatically warning that the Earth is in
immediate danger of a series of
catastrophic environmental upheavals
due to increasing concentrations of toxic
gases in the atmosphere. The paper
challenges recent projections for sea
level rises in this century by the United
Nations Intergovernmental Panel on
Climate Change, asserting that the panel
misinterpreted available scientific
evidence and underestimated the
potential for the sudden melting of polar
ice sheets. The six leading climate
researchers conclude that the
implementation of intensive efforts to
reduce greenhouse gas emissions on a
global scale, combined with the
development of new technology that
could extract these compounds from the
atmosphere, are essential to the
preservation of the Earth as we know it.

The 29-page paper,
Climate Change and
Trace Gases
, was published in the British
academic journal
Philosophical
Proceedings of the Royal Society
.
The lead author was James Hansen, the
director of the Goddard Institute for
Space Studies at NASA, who has written
extensively on climate change issues.
According to the report, “Recent
greenhouse gas emissions place the Earth
perilously close to dramatic climate
change that could run out of control,
with great dangers for humans and other
creatures.”  The other contributing
researchers were Makiko Sato, Pushker
Kharecha, and Gary Russell of the
Goddard Institute, David Lea of the
University of California at Santa Barbara,
and Mark Siddall of Columbia University.

The paper is specifically critical of the
IPCC calculations for sea level increases
over the next 50-100 years. A February
report by the panel projected rises from
18 to 59 centimeters, but the scientists
say that the IPCC ignored evidence of a
possible “albedo flip,” a  phenomenon
that could “spark a cataclysm” in the vast
ice sheets of Antarctica and Greenland,
making sea level increases of several
meters by 2100 possible.

“Civilization developed, and constructed
extensive infrastructure, during a period
of unusual climate stability, the
Holocene, now almost 12,000 years in
duration. That period is about to end,”
according to the authors. Continued
emissions at current levels “would
guarantee dramatic climate change,
yielding a different planet from the one
on which civilization developed and for
which extensive physical infrastructure
has been built.”                  
it's all true
The total number of refugees in the
world rose last year by 14 percent to
9.9 million, according to an annual
report released last week by the
United Nations High Commissioner
for Refugees. The increase, the first
in five years, was largely attributable
to the situation in occupied Iraq,
where violence and lawlessness
forced some 1.2 million people to
flee the country in 2006. The report
warned that ongoing conflicts in
several parts of the world would lead
to further increases in displaced
populations this year.

The UNHCR’s
2006 Global Trends
report shows that Afghans comprise
the world’s largest group of refugees,
at 2.1 million, followed by Iraqis at
1.5 million, Sudanese at 686,000, and
Somalis at 460,000. The statistics do
not include over 4.3 million displaced
Palestinians living in various Middle
Eastern countries because they fall
under the authority of a different UN
agency. The figures also exclude
internally displaced persons, or IDPs,
refugees within their own homelands.
According to the report, the total
number of IDPs worldwide exceeded
13 million in 2006.          
it's all true
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May Day  
March in
Chicago
%                10                  20
"I think it's very important for
the American President to
mean what he says. That's why
I understand that the enemy
could misread what I say.
That's why I try to be as clearly
I can."  
Washington DC  09.23.04
verbatim                                                                          number 21.3
verbatim                                                                                           number 21.2
"Iraq is a very important part of securing the homeland, and it's a very
important part of helping change the Middle East into a part of the world that
will not serve as a threat to the civilized world, to people like—or to the
developed world, to people like—in the United States."
Washington DC   04.03.07