number 45 03.26. 06
interpreting the constitution
Documents Reveal Evidence of Widespread Domestic Surveillance
Amid growing concern over the nature
and scope of the Bush administration’s
warrantless wiretapping programs, a
number of recently published documents
and court filings have sought details of
government surveillance activities within
the United States.
Since December, when it was revealed
that President Bush had authorized
agents of the National Security Agency
to engage in surveillance of American
citizens without a court order, defense
attorneys in a variety of criminal and civil
cases have filed motions seeking
information about surveillance against
their clients. Persistent concerns about
possible government spying have led
to the American Civil Liberties Union
filing Freedom of Information Act
requests on behalf of more than 150
groups and individuals in 20 states.
In a set of responses to questions from
Congress about the controversial
surveillance programs, the Justice
Department has revealed that
traditionally privileged communications
between lawyers and their clients or
doctors and their patients could be
monitored by the NSA. Evidence
gathered from eavesdropping on such
conversations could then be used in
court, according to the Justice
Department responses. The introduction
of evidence gathered from warrantless
wiretaps into court proceedings has
been a contentious issue within the
Bush administration. Press reports
indicate that FBI Director Robert
Mueller has raised doubts as to the
admissibility of such evidence.
Defense attorneys in a terrorism
related case in Portland, Oregon
have written to the US Attorney to
complain that their law offices and
even their homes had apparently
been searched by government agents.
The attorneys’ Freedom of
Information Act requests for
information from the NSA were
recently refused.
it's all true
spread of the red
fun d' mental
Congressional Bill Proposes to End What Scalia Refers to as Idiocy
Kentucky Pols Erect
Edifice of Legislation
to Replace Christian
Edifice
A bill currently before Congress would
outlaw the application of international
law and the laws of foreign governments
in American jurisprudence. The
resolution would disallow basing judicial
determinations in American courts on
foreign judgments or laws.
The sponsors of the resolution feel that
“Americans should not have to look for
guidance” in their interpretation the law
in constitutional cases and that such
judicial thinking is a “threat to the
sovereignty of the United States.” The
sponsors of the bill feel that judges
should make rulings on what is referred
to in the bill as the “original meaning of
the Constitution”, or originalism.
Two justices of the US Supreme Court
recently made public comments on the
theory; Justice Scalia and Justice
Ginsburg’s. Ginsberg's defense of taking
what she referredto as a “comparative
perspective in constitutional
adjudication” resulted in calls for her
impeachment.
Justice Scalia said to an audience in
Puerto Rico that, “you would have to be
an idiot to believe” that the US
Constitution is a living document that
can be applied to modern legal
problems, both cultural and
technological. Scalia, instead, believes
that "the Constitution is not a living
organism, it is a legal document.” Scalia
said he feels that those who hold other
interpretations want to create “the right
to abortion or the right to homosexual
activity, they want that right to be
embedded from coast to coast."
Justice Ginsburg told an audience in
South Africa that American justices
should be open to a “respect for the
opinions of human kind” as they
interpret constitutional law.
Ginsburg said the writers of the
constitution knew that “times can
blind us to certain truths and later
generations can see that laws once
thought necessary…in fact serve only
to oppress.”
The resolution, sponsored by Rep.
Tom Feeney (R-FL), has 83
signatories. The bill was forwarded
for review to the full congressional
committee last September on an 8 to
3 vote. it's all true
The Ten Commandments could
be posted government buildings in
the state of Kentucky under
legislation awaiting the signature
of the state’s governor. The
legislation passed the Kentucky
House of Representatives on a 95-
5 vote recently.
The bill will allow the display of
the national motto "In God We
Trust" on the wall directly behind
the dais of the Speaker of the
House of Representatives. The
US Congress established the
national motto in the late 1950s.
The new law was prompted in
part by state representatives who
vowed to return a 6-foot-tall
granite monument bearing the
biblical directives known as the
‘Ten Commandments’ to the
lawn outside the Kentucky state
Capitol. The monument was
moved after a judge determined
that the monument amounted to
the state support of a specific
religion.
The statute would return the
monument with the Ten
Commandments back to the
grounds of the state capitol
accompanied by a plaque that sets
out the legislative history of the
bill.
"The governor looks forward to
signing this bill," said a spokesman
for Republican Governor Ernie
Fletcher. Fletcher is an ordained
Baptist minister. it's all true
red state rebate
Babs Bush Pioneers Ownership Charitable
Donations to Hurricane Victims
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Former First Lady Barbara Bush recently
gave a donation of an undisclosed amount of
money to victims of this year’s hurricanes
with instructions that the her donation be
used to purchase educational software from
a company owned by her son, the president’
s brother, Neil Bush. Since her donation,
eight Houston area schools that accepted
students displaced by Hurricane Katrina have
received the software program
"Mrs. Bush wanted to do something
specifically for education and specifically for
the thousands of students flooding into the
Houston schools," said a spokesperson for
Ms. Bush.
Neil Bush founded the software company
called Ignite in 1999. The company
makes learning software that
prepares students to take the
standardized tests that are mandated
by the president’s education program
called ‘No Child Left Behind”. 80
percent of the company’s business
comes from Texas schools. Ignite has
hired recently sales representatives
throughout the country to market
the software to school districts.
There are currently 40 schools that
use the test taking software in the
Houston area. The Houston school
district has yet to evaluate the
software program’s effectiveness.
it's all true
source: CIA Fact Book
interpreting the constitution
spread of the red
Secret Docketing System Allows Courts to
Skirt Sixth Amendment Guarantees
Federal Funds
Give Colleges a
Sense of Security
The US District Court for the District of
Columbia has processed more than 450
cases in the last five years in total
secrecy from indictment through
sentencing, with no public record that
the cases ever existed. The cases are
more secret than sealed cases, which
have public case numbers in the court’s
docket. The secret docket was revealed
after an investigation by the Reporters
Committee for Freedom of the Press. A
separate investigation by the Associated
Press found that some 5000 defendants
nationwide had their cases completely
sealed over the past three years.
The AP reported that the incidence of
sealed cases more than doubled between
2003 and 2005, and confirmed the DC
court’s use of a hidden docketing system
for secret prosecutions. The
investigation also found that federal
prosecutors’ use of secret court
proceedings had increased sharply during
the period studied. Most of the sealed
cases are drug or gang-related, although
a small number are terrorism or national
security cases.
The RCFP searched the DC court’s
entire criminal and civil docket for 2000-
2005 to determine how many cases had
been prosecuted in secret. They found
that at least 469 cases, an average of 18
percent of the criminal cases in the court
system, were not properly docketed.
The report concludes, “The incomplete
public dockets raise important public
policy concerns about openness to court
proceedings, an attribute of English and
American trials for centuries.”
The US Court of Appeals for the 11th
Circuit, which covers Alabama, Florida,
and Georgia, has ruled that the use of
secret dockets violates the Constitution’
s Sixth Amendment guarantee of public
trials. The Court of appeals for the 2nd
Circuit, which covers Connecticut, New
York, and Vermont, has also ruled that
hidden docketing systems are
unconstitutional. But critics of the
prosecutorial secrecy point out the
difficulty of reviewing proceedings that
are kept out of the public eye. Because
these cases often involve deals between
defendants and prosecutors, it remains in
the interest of both parties to keep the
transactions secret in perpetuity.
it's all true
The Department of Homeland
Security has earmarked over $4
billion for research and development
for fiscal year 2007, with $64 million
to be directly awarded in grants and
scholarships to colleges and
universities that offer degrees,
certificates, or coursework related to
security issues. The majority of these
funds will go to community colleges,
some 80% of which offer such
programs, according to a report by
the American Association of
Community Colleges.
Educational institutions are
increasingly interested in developing
curricula in the areas of counter
terrorism and security, as they vie for
a portion of the DHS budget, which
has increased significantly each year
since 2002. Several major universities
are beginning to offer courses
designed to attract DHS dollars.
Experts agree that security related
fields will be among the fastest–
growing for the foreseeable future.
it's all true
redstateupdate.net
verbatim number 9.1
"First, just if I might correct
a misperception. I don't
think we ever said, at least I
know I didn't say, that there
was a direct connection
between September the
11th and Saddam Hussein…
…I don't want to be
argumentative, but I
was very careful never
to say that Saddam
Hussein ordered the
attacks on America."
Washington DC 03.22.06