Archive for unconstitutional

VIDEO: “You can’t ban abortion. Roe v. Wade, right?” Tell Arkansas, where they just passed an unconstitutional law.

abortion ban arkansas

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Rachel Maddow:

There is something slightly inexplicable going on in the great state of Arkansas right now. The Republican-controlled legislature in Arkansas has just passed back-to-back unconstitutional bans on abortion.

You can’t ban abortion. Roe v. Wade, right?

Arkansas’ Democratic governor Mike Beebe vetoed both of the bans. No so much because he’s pro-choice, he actually has a mixed record on the subject. No, he has vetoed the bills because, dude, they are blatantly unconstitutional.

Quote: “The adoption of blatantly unconstitutional laws can be very costly to the taxpayers of our state.” 

Well, today after already overriding the governor’s veto of the first ban, the Arkansas senate voted to override his veto of the second even stricter abortion ban. If the house also votes to override the veto, the ACLU naturally has already promised that costly lawsuit that the governor was talking about in his veto messages… …It is all but a forgone conclusion that the state will lose that lawsuit.

Guess what, Rachel, the New York Times has an update:

The law was passed by the newly Republican-controlled legislature over the veto of Gov. Mike Beebe, a Democrat, who called it “blatantly unconstitutional.” On Tuesday the state Senate voted to override his veto by a vote of 20 to 14; on Wednesday the House enacted the bill into law by a vote of 55 to 33, with several Democrats joining the Republican majority. [...]

Adoption of the law, called the “Human Heartbeat Protection Act,” is the first statewide victory for a restless emerging faction within the anti-abortion movement that has lost patience with the incremental whittling away at abortion rights — the strategy of established groups like National Right to Life and the Catholic Church while they wait for a more sympathetic Supreme Court. [...]

Last weekend, a number of Democrats “got worked over” by constituents who support stringent anti-abortion measures, said Representative Greg Leding, 27, a Democrat and House minority leader.

Rita Sklar, director of the American Civil Liberties Union of Arkansas, said “ It shows an utter disregard for women and their ability to make important personal decisions about their own reproductive health.”

Rachel:

…Also, the legislature can go on record as having tried to illegally ban abortion, even though they all know that is not a thing they are allowed to do. Apparently nothing is a waste of money when it comes to making the same point ever more emphatically in anti-abortion Republican politics.

VIDEO: “If you’re an American citizen and the president is going to kill you, do you have the right to give yourself up?”

maddow drones

The L.A. Times:

The administration’s legal justification for drone strikes, outlined in a Justice Department paper that became public Monday night, states that an “informed, high-level official” can approve a strike against an Al Qaeda official, including an American citizen, even without evidence that the targeted person is planning a specific operation.”

An ‘imminent’ threat of violent attack against the United States does not require … clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future,” says the policy paper  [...] [T]he paper says a capture operation can be ruled out by a determination that the risk to American troops is too great. In almost every case, such operations have in fact been ruled out, U.S. officials say. [...]

But the broad authority asserted in the paper to kill Al Qaeda figures even when they have not been tied to an impending attack contrasts with the narrow way the drone strike program has been described by administration officials. [...] The policy paper makes it clear, however, that the U.S. doesn’t need evidence tying a militant to a specific plot to mark him for death. [...]

The decision to order a lethal strike falls either to the president or his designee, an “informed, high-level official,” in the words of the paper. No court or third party has a right to review it, the paper says.

The administration’s concept of ‘imminent threat’ appears to require neither imminence nor a specific threat,” said C. Dixon Osburn, director of Human Rights First, a Washington activist group. “Accepted principles of international law require both.”

After I posted Mark Karlin’s The U.S. is “now a nation where a handful of people decide who shall live and who shall die along with a video from the Rachel Maddow Show in which she reacts to the newly revealed “white paper” memo from the Obama administration, I experienced a Moment of “Here we go again.” I was immediately labeled an “emo-prog“:

A tag dreamt up by self-proclaimed liberals to preemptively blunt any criticism of Obama, even when the same standards were applied to actions undertaken by the previous President.

Apparently questioning the authority of a president– no matter who he is– when it comes to secrecy and using drones to kill Americans is very emo-proggy. And apparently, the people who use that infantile term don’t like to answer questions like, “What if a President Paul Ryan were to have these same powers? Whose to say the powers wouldn’t be abused?” or, “Consider how you’d feel if you were to substitute the name Bush for Obama.”

Instead they insist that we should trust President Obama because he means well and is intelligent and caring– which he is, but that’s irrelevant. Under his watch, these drone attacks are still occurring, so no matter how great a guy he is, there are legal and moral issues to consider.

There are also really, really bad precedents to consider.

These same Obama supporters also refuse to respond to my link to this: AUDIO: President Obama literally asked us to “hold him accountable.”

My point: It is okay, mandatory in fact, to question authority, especially when that authority invites you to hold him accountable. Especially when deliberately killing Americans is involved. Especially when Congress isn’t. Again, the Times:

… an “informed, high-level official” can approve a strike against an Al Qaeda official, including an American citizen, even without evidence that the targeted person is planning a specific operation…

…The decision to order a lethal strike falls either to the president or his designee, an “informed, high-level official,” in the words of the paper. No court or third party has a right to review it…

Here is more analysis and a lot of questions from Rachel, including questions about the president’s choice of John Brennan to be the next CIA director:

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Rachel:

“These things are based on facts. Facts that I cannot tell you. So I cannot reference them because I cannot tell you them, but they are facts.”

“Right. Exactly. They go into how you conduct your offensive operations. That’s the thing we want to know about.”

“Now a bipartisan group of 11 U.S. Senators has written to President Obama asking him to release what is still secret about why the administration and the president think that it is legal to kill Americans this way. Quote: ‘It is vitally for Congress and the American public to have a full understanding of how the executive branch interprets the limits and boundaries of  this authority so that Congress and the public can decide whether this authority has been properly defined and whether the president’s power to deliberately kill American citizens is subject to appropriate limitations and safeguards.‘”

The issue here is who’s a bad guy and how do you figure it out? If this is the means by which we’re going to decide not that you’re going to be arrested and tried, but the means by which we will decide whether the president can order you dead, then on what basis is the president making that decision? How do they determine who is a bad guy? Or as Oregon Senator Ron Wyden put it in a question, a written question to the president’s CIA nominee John Brennan, ‘How much evidence does the president need to determine that a particular American can be lawfully killed?‘”

“Following naturally on from that, and this is the one that keeps me up at night, does the president have to provide individual Americans with the opportunity to surrender before killing them?”

“If you’re an American citizen and the president is going to kill you, do you have the right to give yourself up instead so you don’t get killed? And how do you know you should do that if the president’s decision that he is going to kill you is a secret decision that nobody ever tells you? And are we right also in only imagining this kind of thing happening in places like Yemen or Pakistan”

Quoting again from Senator Wyden here, ‘Are there any geographic limitations on the intelligence community’s authority to use lethal force against Americans? Do any intelligence agencies have the authority to carry out lethal operations inside the United States?’ Good question.”

maddow drones holder memo

The U.S. is “now a nation where a handful of people decide who shall live and who shall die.”

drone report

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Your Daily Dose of BuzzFlash at Truthout, via my pal Mark Karlin (bolding is mine):

For months, the White House has been leaking how President Obama “carefully” reviews a kill list (assassination) of alleged terrorists (and who knows what other troublemakers end up on the potential target list?).   Off-the-record comments (and some on the record) are meant to reassure Americans that the president doesn’t take the authorization of kills (with the attendant “collateral damage” of civilians and children if a drone strike) lightly, but seriously contemplates who ends up dead as a sanctioned hit. [...]

The authority Obama has assumed without any legislative or court permission goes well beyond the Bush/Cheney torture protocol; this is a kill list, not just a rendition order. The condemning of a person to death without due legal process, without habeas corpus, violates the Constitution in the most fundamental way.  In doing so, Obama is undercutting and eroding the most basic guarantee in our legal system, at a time when the tide, ironically, is turning against capital punishment in the US. [...]

Disturbing is a word that is an understatement to this now established and acted upon executive act that provides plenty of leeway for whoever is president to decide what is an associated group, and designate the “informed, high-level official[s] of the US government” who recommend people to be taken out by drones, bombs, snipers or assassins… The United States has not only lost its moral high ground, which has been eroding for years, but it is now a nation where a handful of people decide who shall live and who shall die

Please read the entire post here.

Oops! “Right to work” for less law shows Gov. Snyder, GOP legislators never read language, may not be able to implement

Stop me if you’ve heard this one before, it’s a real knee-slapper. Okay, so you know how Michigan’s “Right to Work” law contains verbatim language from ALEC model bill? ALEC had to be so stoked!

But oops! Their new rushed-through, jammed-in, union-busting law may violate the state constitution, so it may not be able to be implemented.

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 Reports today show that HB 4003, which the Governor said would provide “Right to Work” type policies for public employees in Michigan, could not be implemented as intended as the Michigan Constitution gives clear authority to the Civil Service Commission over conditions of employment for the state’s workforce. Experts have suggested today only a vote of the Civil Service Commission could enact Right to Work policies for state workers. [...]

“The public was not given an opportunity to read these bills, legislators were not given an opportunity to read these bills, and we now know that the Governor himself either didn’t read or didn’t understand these bills himself,” said Senator Bert Johnson (D – Detroit). “This process has been a complete affront to Democracy from the start and was nothing more than a political gift to the Koch Brothers and ALEC who bought and paid for this legislation.”

Maybe they should have moved a little more slowly and deliberately. And intelligently. And read it. And debated it. And stuff.

Those whacky Republicans and their antics, who knew they could be so amusing? Then again, we’ve been aware for some time that they serve the people well… as very effective punch lines.

WTF is the matter with Michigan? Just when you thought it couldn’t get any worse…

Michigan Governor Rick Snyder said that union busting is “pro-workers! It’s a good thing! This is a positive thing for unions!” Then the union busting “Right-to-work for work for less” measure was signed it into law. It’s important to remember that Michigan’s “Right to Work” law contains verbatim language from ALEC model bill.

Speaking of remembering, remember King Ricky’s appalling financial martial law? That was the legislation that allowed one person to dictate all kinds of things without any input from voters. For example:

He could do away with unions, with police officers, mayorships, you name it. You voted for someone and they won? Pfft, fuggetaboutit. OUT.

You like that school your kid goes to? Nevermind. GONE.

You cherish democracy and thought it would always be The American way? TOO BAD.

Remember all my rants about the GOP’s goal of crushing unions as a way of denying Democrats their political funding which would lead to eventual single party rule? Me too.

And now Michigan’s House has passed new version and sent it to the Senate all nice and repackaged under a different name, and they’re pushing it right on through as they are wont to do:

The state House passed late Wednesday what the Snyder administration says is a new and improved emergency manager law, but opponents say is a warmed-over version of what voters rejected Nov. 6.

Michigan gun owners with extra training could carry concealed weapons in schools under a bill OK’d by a House panel Yes, guns in schools are A-OK with Michigan’s “pro-life” Republicans:

Gun owners with concealed weapon permits could get additional training that would allow them to carry their concealed firearms in schools and at sporting events on school property under legislation approved Wednesday by a Michigan House committee.

The bill, OK’d 7-2 by majority Republicans along party lines, is awaiting potential final votes before lawmakers conclude their lame-duck session. [...]

Public schools – currently gun-free unless someone openly carries a weapon – would have to allow concealed weapons under the bill… [U]nintended consequences – more potential for altercations at football games or students finding teachers’ guns in locked places.

Is it the right time to discuss responsible gun regulation yet?

Because Republican just can’t seem to learn any lessons from the November elections, they decided to pass a bill attacking LGBTs and women. And to make double super sure that their so-called “small government” keeps their big paws off the rights of individuals, they included a “conscience objection” for health care providers who don’t want to give that care when they feel it conflicts with their religious beliefs. Never mind anyone else’s beliefs… or non-beliefs.

In other words, they get to discriminate against gay people and female people, even when it means that their well-being is at stake:

The Republicans in the Michigan legislature have passed a bill today that would allow hospitals, nursing homes or any other health care center to deny services that run contrary to the religious teachings or conscious of its leaders. This so-called conscience objection bill would open the doors for healthcare providers, insurance companies and employers to disallow healthcare services to anyone they find objectionable, such as LGBT people and women seeking family planning services including birth control and abortions.

There you have it, Michigan in a very ugly nutshell.

Michigan’s big extreme anti-union, abortion restriction day

Link

I’m here in Michigan, standing at the corner of One Party Rule and War on Civil Rights.

King Rick Snyder of Michigan of “strong medicine, financial martial law” and radical assault on Michigan’s working families fame is also waging a fierce war on women. Think Progress is reporting that state lawmakers are likely to “revive an omnibus anti-abortion bill that sparked widespread protests after it passed the House this summer, in addition to a host of other restrictive abortion legislation they hope to force through the current lame duck session.”

Because under Snyder, government hasn’t been intrusive enough.

The state senate may consider multiple anti-abortion bills that aim to:

1) Regulate abortion clinics out of existence.

2) Limit abortion access for women in rural areas

3) Impose further guidelines for the disposal of fetal remains (treat them in the exact same manner as dead bodies).

4) Prevent private insurance companies from covering any abortion services.

5) Allow doctors to refuse to perform abortion services because of their personal beliefs.

More details at the link.

Republicans love to demand small government and whine and moan about Democratic overreach. Welcome to Hypocrisyville.

Video- Crackpot Rep Steve King Still Calls ACA “Unconstitutional” On House Floor Today

Oh c’mon. Isn’t there one f’ng journalist that can call a lie a lie? I mean, this is just beyond absurd, into some surrealistic nightmare where the pipe is not the pipe, but you can’t hang it on your wall. Words fail. Via Think Progress.