interpreting the constitution
number 22 09.25.05
Natural Disaster Used to Justify National Disaster
In the aftermath of the Hurricane Katrina
disaster, and amid widespread criticism of
the federal response, the Bush
administration has renewed its efforts to
increase the role of the military in
domestic affairs. Defense Department
officials and senior members of congress
have called for review or repeal of the
Posse Comitatus Act of 1878. Also
under review is the Civil War
Insurrection Act of 1861.
The arcane legislation is viewed by some
in the Pentagon as outdated and
restrictive. But civil libertarians see the
1878 act in particular as a key legal
bullwark against unlimited federal
authority over state and local
government and, ultimately, individuals.
disaster, and amid widespread criticism of
the federal response, the Bush
administration has renewed its efforts to
increase the role of the military in
domestic affairs. Defense Department
officials and senior members of congress
have called for review or repeal of the
Posse Comitatus Act of 1878. Also
under review is the Civil War
Insurrection Act of 1861.
The arcane legislation is viewed by some
in the Pentagon as outdated and
restrictive. But civil libertarians see the
1878 act in particular as a key legal
bullwark against unlimited federal
authority over state and local
government and, ultimately, individuals.
In a nationally televised speech from New
Orleans, the president referred to the
military's superior logistical capability and
called for "greater federal authority and a
broader role for the armed forces" in
times of crisis. Senate Armed Services
Committee chairman John Warner, a
consistent advocate of military
deployment in domestic contexts,
renewed his calls for reconsideration of
Posse Comitatus. A pentagon spokes
person called the law "very archaic" and
suggested it limited the effectiveness of
the federal response to the flooding in
New Orleans.
The Insurrection Act of 1861 could be
invoked in an emergency to waive
the law enforcement restrictions of
Orleans, the president referred to the
military's superior logistical capability and
called for "greater federal authority and a
broader role for the armed forces" in
times of crisis. Senate Armed Services
Committee chairman John Warner, a
consistent advocate of military
deployment in domestic contexts,
renewed his calls for reconsideration of
Posse Comitatus. A pentagon spokes
person called the law "very archaic" and
suggested it limited the effectiveness of
the federal response to the flooding in
New Orleans.
The Insurrection Act of 1861 could be
invoked in an emergency to waive
the law enforcement restrictions of
the Posse Comitatus Act. The
Insurrection Act allows deployment
of troops in domestic emergencies
when "rebellion against authority of
the United States- make(s) it
impracticable to enforce the laws."
The last time the Insurrection Act
was invoked was in 1992 by president
George H W Bush at the request of
the governor of California in
response to riots after the Rodney
King verdicts.
Constitutional scholars point out that
relaxation of the Posse Comitatus
Act is essentially a matter of asserting
federal authority over state
sovereignty, with implications far
beyond disaster relief operations.
Insurrection Act allows deployment
of troops in domestic emergencies
when "rebellion against authority of
the United States- make(s) it
impracticable to enforce the laws."
The last time the Insurrection Act
was invoked was in 1992 by president
George H W Bush at the request of
the governor of California in
response to riots after the Rodney
King verdicts.
Constitutional scholars point out that
relaxation of the Posse Comitatus
Act is essentially a matter of asserting
federal authority over state
sovereignty, with implications far
beyond disaster relief operations.
| 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 |
in bed with the red
Sheriff Proclaims Louisiana Refugees Have no Right to Privacy
Sheriff Richard Fewell has issued an
emergency proclamation in Ouachita
Parish demanding the names,
addresses, dates of birth and social
security numbers of the more than
1000 refugees housed by the
American Red Cross in the old State
Farm building in Monroe, Louisiana.
The Ouachita Parish police are
requiring the personal information of
the displaced persons, many who
have lost their houses and all of their
personal belongings, to identify
parolees, sex offenders and
individuals with outstanding warrants.
Fewell has also demanded the
personal identifiers of the Red Cross
volunteers who are caring for the
refugees.
Sheriff Fewell made the demand
without a warrant or suspicion that a
crime may occur. Fewell justified the
action due to
emergency proclamation in Ouachita
Parish demanding the names,
addresses, dates of birth and social
security numbers of the more than
1000 refugees housed by the
American Red Cross in the old State
Farm building in Monroe, Louisiana.
The Ouachita Parish police are
requiring the personal information of
the displaced persons, many who
have lost their houses and all of their
personal belongings, to identify
parolees, sex offenders and
individuals with outstanding warrants.
Fewell has also demanded the
personal identifiers of the Red Cross
volunteers who are caring for the
refugees.
Sheriff Fewell made the demand
without a warrant or suspicion that a
crime may occur. Fewell justified the
action due to
Governor Kathleen Blanco’s declaration
of a “State of Emergency” in Louisiana.
The proclamation says that the influx of
refugees “creates unique security risks”
in the Ouachita Parish.
The Red Cross has not complied with
the demand stating that the Sheriff’s
order violates the privacy policies of the
Charity. A Red Cross Spokesperson said
that the organization has always run
background checks on its volunteers and
that the organization will not
compromise the privacy of the people in
it’s care.
The Governor’s Office and the State’s
Attorney General have stepped in to
attempt to get Fewell to rescind his
proclamation. Although the details have
not been completely worked out, the
compromise hinges on offers of the
Attorney General to provide additional
of a “State of Emergency” in Louisiana.
The proclamation says that the influx of
refugees “creates unique security risks”
in the Ouachita Parish.
The Red Cross has not complied with
the demand stating that the Sheriff’s
order violates the privacy policies of the
Charity. A Red Cross Spokesperson said
that the organization has always run
background checks on its volunteers and
that the organization will not
compromise the privacy of the people in
it’s care.
The Governor’s Office and the State’s
Attorney General have stepped in to
attempt to get Fewell to rescind his
proclamation. Although the details have
not been completely worked out, the
compromise hinges on offers of the
Attorney General to provide additional
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Iran Slide Show Confirms Threat: US Ready to Invade
Officials of the Bush administration have
compiled an hour-long slide show that
they are presenting to foreign leaders in
an attempt to convince them that Iran is
secretly pursuing a nuclear weapons
program.
The 43 slide Power Point presentation
entitled “A History of Concealment and
Deception” was also shown to members
of the International Atomic Energy
Agency, as the US prepares to lobby the
United Nations for sanctions against
Iran. International observers say the
presentation is disturbingly similar to the
now discredited allegations against Iraq in
2002 and 2003.
compiled an hour-long slide show that
they are presenting to foreign leaders in
an attempt to convince them that Iran is
secretly pursuing a nuclear weapons
program.
The 43 slide Power Point presentation
entitled “A History of Concealment and
Deception” was also shown to members
of the International Atomic Energy
Agency, as the US prepares to lobby the
United Nations for sanctions against
Iran. International observers say the
presentation is disturbingly similar to the
now discredited allegations against Iraq in
2002 and 2003.
The US position rests in three premises:
that Iran doesn’t need a nuclear energy
program, that the program is suspiciously
large in scale, and that the Iranians have
been secretive with regard to their nuclear
research. But even US officials admit that
the evidence is not definitive, and diplomats
who have seen the presentation remain
skeptical.
The slide show was produced by the Energy
Department outside the auspices of US
Intelligence. Many who have seen it are
reminded of Colin Powell’s presentation on
Iraqi weapons to the United Nations in
February 2003. Powell has recently called
that appliance a “blot” on his record.
that Iran doesn’t need a nuclear energy
program, that the program is suspiciously
large in scale, and that the Iranians have
been secretive with regard to their nuclear
research. But even US officials admit that
the evidence is not definitive, and diplomats
who have seen the presentation remain
skeptical.
The slide show was produced by the Energy
Department outside the auspices of US
Intelligence. Many who have seen it are
reminded of Colin Powell’s presentation on
Iraqi weapons to the United Nations in
February 2003. Powell has recently called
that appliance a “blot” on his record.
fun d' mental
States Out Pace Feds in Restricting Legal Abortions
In recent weeks, during Senate
confirmation hearings of John Roberts,
there has been concern that should the
strongly conservative Roberts be
appointed as the Supreme Court’s Chief
Justice, the nation’s highest court would
overturn the landmark Roe v. Wade
decision making abortion illegal in the
US. While the debate has centered on
the federal laws and the federal courts,
the year 2005 saw many changes in state
laws that place restrictions on women
who seek legal abortions. Several dozen
individual state laws were enacted by
states that restrict a woman’s right to
choose and there were also restrictions
placed on the acquisition of birth control
in several states.
Many States, such as Texas and Arkansas
strengthened the requirements of
parental notification laws. In 2005, 22
states introduced over 30 bills that
would require that women be read state
scripted information as part of the
abortion procedure. Three states
approved rules that require that health
care providers counsel women seeking
legal abortions that fetus will endure
pain. Though there is no conclusive
confirmation hearings of John Roberts,
there has been concern that should the
strongly conservative Roberts be
appointed as the Supreme Court’s Chief
Justice, the nation’s highest court would
overturn the landmark Roe v. Wade
decision making abortion illegal in the
US. While the debate has centered on
the federal laws and the federal courts,
the year 2005 saw many changes in state
laws that place restrictions on women
who seek legal abortions. Several dozen
individual state laws were enacted by
states that restrict a woman’s right to
choose and there were also restrictions
placed on the acquisition of birth control
in several states.
Many States, such as Texas and Arkansas
strengthened the requirements of
parental notification laws. In 2005, 22
states introduced over 30 bills that
would require that women be read state
scripted information as part of the
abortion procedure. Three states
approved rules that require that health
care providers counsel women seeking
legal abortions that fetus will endure
pain. Though there is no conclusive
scientific justification for such an
assertion, women in Arkansas, Georgia
and Minnesota are now required by law
to be informed of this“fact”.
Mississippi Governor Haley Barbour
signed a bill that placed further
restrictions on legal abortions. Mississippi
has only one abortion clinic. The law
requires that abortions after the first
trimester must be performed in a
hospital.
17 state legislatures introduced bills that
would require women to delay abortions
by state law. Georgia Governor Sonny
Perdue signed into law a 24-hour waiting
period for all women seeking legal
abortions in his state. The Governor’s
wife who attended the bill’s signing
stated that the law shows that “Georgia
respects and values all life”. A California
ballot initiative, proposition 73, to be
voted on in 2006 would mandate an
abortion waiting period if approved.
A total of 44 bills were introduced in 22
states (including the territory of Guam)
that would establish some type of ban on
abortion. Two states mandated such
assertion, women in Arkansas, Georgia
and Minnesota are now required by law
to be informed of this“fact”.
Mississippi Governor Haley Barbour
signed a bill that placed further
restrictions on legal abortions. Mississippi
has only one abortion clinic. The law
requires that abortions after the first
trimester must be performed in a
hospital.
17 state legislatures introduced bills that
would require women to delay abortions
by state law. Georgia Governor Sonny
Perdue signed into law a 24-hour waiting
period for all women seeking legal
abortions in his state. The Governor’s
wife who attended the bill’s signing
stated that the law shows that “Georgia
respects and values all life”. A California
ballot initiative, proposition 73, to be
voted on in 2006 would mandate an
abortion waiting period if approved.
A total of 44 bills were introduced in 22
states (including the territory of Guam)
that would establish some type of ban on
abortion. Two states mandated such
laws, South Dakota and Texas. The
rule in South Dakota would become
“effective on the date that the states
are recognized by the United States
Supreme court to have the authority
to regulate or prohibit abortions at all
stages of pregnancy” and would
immediately ban abortions in the state
in all cases except where the mother’s
life is threatened.
States also were also active in
promoting the belief that the unborn
fetus has the same rights as other
American citizens. 115 measures
were introduced into the legislatures
of more than 35 states that attempt
to accord legal status to the unborn
fetus.
The States of Maryland, West Virginia,
Florida, Oklahoma and Arizona
enacted laws that make the killing of a
viable fetus a homicide, with the
exception of legal abortions.
Oklahoma and Arizona laws allow
homicide charges to be leveled for the
unlawful killing of a fetus at the
“moment of conception”.
rule in South Dakota would become
“effective on the date that the states
are recognized by the United States
Supreme court to have the authority
to regulate or prohibit abortions at all
stages of pregnancy” and would
immediately ban abortions in the state
in all cases except where the mother’s
life is threatened.
States also were also active in
promoting the belief that the unborn
fetus has the same rights as other
American citizens. 115 measures
were introduced into the legislatures
of more than 35 states that attempt
to accord legal status to the unborn
fetus.
The States of Maryland, West Virginia,
Florida, Oklahoma and Arizona
enacted laws that make the killing of a
viable fetus a homicide, with the
exception of legal abortions.
Oklahoma and Arizona laws allow
homicide charges to be leveled for the
unlawful killing of a fetus at the
“moment of conception”.
crowd control
Senator Frist
Considers Stem
Cell Treatment
for 'Blind' Trustee
Considers Stem
Cell Treatment
for 'Blind' Trustee
It was reported last week that
two separate investigations were
underway into Senate Majority
Leader Bill Frist’s sale of stock in
his family’s company just before a
disappointing earnings forecast
caused the value of the stock to
drop more than 8%. Frist (R,
Tenn) held the Hospital
Corporation of America shares in
a blind trust, and ordered the sale
in June, ostensibly to avoid
conflict of interest charges before
a possible presidential campaign in
2008.
A trustee completed the sale of
all Frist’s shares by July 8th. On
July 13th the company
downgraded its earnings estimate
for the quarter and the stock
dropped 8.8%. Overall HCA
stock lost about 15% of its value
between mid June and mid July.
The Securities and Exchange
Commission had asked Frist to
provide information on the
transaction. On Friday HCA
confirmed that federal
prosecutors had subpoenaed
documents related to the sale.
An editorial in Sunday’s New York
Times traced the history of the
HCA stock and called for further
investigation by the SEC. HCA
was founded by Frist’s father; his
brother remains the company’s
largest stockholder.
two separate investigations were
underway into Senate Majority
Leader Bill Frist’s sale of stock in
his family’s company just before a
disappointing earnings forecast
caused the value of the stock to
drop more than 8%. Frist (R,
Tenn) held the Hospital
Corporation of America shares in
a blind trust, and ordered the sale
in June, ostensibly to avoid
conflict of interest charges before
a possible presidential campaign in
2008.
A trustee completed the sale of
all Frist’s shares by July 8th. On
July 13th the company
downgraded its earnings estimate
for the quarter and the stock
dropped 8.8%. Overall HCA
stock lost about 15% of its value
between mid June and mid July.
The Securities and Exchange
Commission had asked Frist to
provide information on the
transaction. On Friday HCA
confirmed that federal
prosecutors had subpoenaed
documents related to the sale.
An editorial in Sunday’s New York
Times traced the history of the
HCA stock and called for further
investigation by the SEC. HCA
was founded by Frist’s father; his
brother remains the company’s
largest stockholder.
redstateupdate.net
police to the parish police department. A
spokesperson for the Louisiana State
Police said that no other parish has yet
made similar proclamations.
The demand for information
proclamation was the second such order
made by Fewell. Using his perceived
authority under the State of Emergency,
Fewell ordered the early closure of the
Ark-La-Miss Fair, at 12:00 pm instead of 3:
00 am. The West Monroe Civitan Club,
the fair’s host, said that banning the
Friday Night Moonlight Madness event,
where patrons of the fair can ride as
many carnival rides they want for one
price would reduce the amount of funds
raised by the civic group at this annual
event.
spokesperson for the Louisiana State
Police said that no other parish has yet
made similar proclamations.
The demand for information
proclamation was the second such order
made by Fewell. Using his perceived
authority under the State of Emergency,
Fewell ordered the early closure of the
Ark-La-Miss Fair, at 12:00 pm instead of 3:
00 am. The West Monroe Civitan Club,
the fair’s host, said that banning the
Friday Night Moonlight Madness event,
where patrons of the fair can ride as
many carnival rides they want for one
price would reduce the amount of funds
raised by the civic group at this annual
event.
“I just want you to know
that, when we talk about
war...
that, when we talk about
war...
...we're really talking
about peace."
Washington DC 06.18.02
about peace."
Washington DC 06.18.02
verbatim number 4.4
source: US Census Bureau
| US Poverty Rates by Race year 2004 statistics |
| all races asian white latino black |
% 10 20 30
| 12.7 9.8 10.8 21.9 24.7 |
