MetaFilter posts tagged with constitution

Don't believe in God? Can't hold office.

paulinsanjuan — Tue, 08 Dec 2009 11:53:39 -0800

Asheville, NC City Councilman-elect Cecil Bothwell is scheduled to be sworn in today. But critics of Bothwell say he cannot hold office citing NC's constitution which states: "The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.” One of Bothwell's critics cited in the article is H.K. Edgerton known for protesting with the Confederate flag.

There Will Be Blood

nushustu — Tue, 25 Aug 2009 07:57:28 -0800

"I was just sick and tired of Texas law that allowed the defendant to destroy the very evidence that we need to protect society." Starting September 1st, police in Texas will be able to draw blood for alcohol testing from anyone involved in an auto accident without a warrant. Lauded by law enforcement officials such as Williamson County DA John Bradley (quoted above), and Dallas Police Chief David "we believe in the no-refusal process," Kunkle, it has others worried about what happens if someone refuses the test.

By The Content Of Their Character

Law Talkin' Guy — Mon, 29 Jun 2009 20:28:48 -0800

Today, on the last day of this year's term, the Supreme Court of the United States issued its opinion in Ricci v. DeStefano, the latest in the Court's line of decisions on Title VII and the role of race in employment decisions. The famous case centers on white firefighters' claims of race discrimination following the town of New Haven's decision to scuttle a promotion exam after white test takers performed disproportionately better than black firefighters. The case has been covered extensively in blogs and the mainstream and local media. In addition to the high-stakes questions at issue in the case itself, Supreme Court nominee Sonia Sotomayor sat on the panel of the U.S. Court of Appeals for the Second Circuit that summarily decided the case at the intermediate appellate level.

Don't Ask, Don't Tell

Blazecock Pileon — Wed, 10 Jun 2009 05:04:50 -0800

A Gay Soldier's Husband — In the backdrop of the conservative activist Supreme Court's recent decision against hearing a challenge to the US military's "Don't Ask, Don't Tell" policy, one gay American relates the difficulties he faces having a partner on active duty in Iraq. In Iraq itself, death squads continue to murder gay and lesbian Iraqis, while American occupying forces look the other way.

It was worse than you thought.

EarBucket — Mon, 02 Mar 2009 19:35:34 -0800

The Obama Justice Department has released nine legal memos from the Bush administration that assert broad extra-Constitutional powers for the president. The memos assert that both the First and Fourth Amendments may be subordinated to the needs of wartime. The memos were withdrawn by the Justice Department a few days before President Bush left office.

Ibuprofen: serious business

mullingitover — Fri, 16 Jan 2009 13:28:48 -0800

In 2003 a school official ordered that a student be searched for the substance known as 2-[4-(2-methylpropyl)phenyl]propanoic acid. The case has now made its way to the United States Supreme Court. The student was thirteen years of age, and the school's vice principal ordered that she be strip-searched to find the prescription-strength (i.e. the equivalent of two over-the-counter pills) prescription drug. 2-[4-(2-methylpropyl)phenyl]propanoic acid is better known as the over-the-counter non-steroidal anti-inflammatory drug, Ibuprofen. The court will decide the constitutionality of the search, as well as whether the vice principal will be financially liable for damages. Previously.

Ratify it! Ratify it! Ratify it!

HaloMan — Fri, 05 Dec 2008 06:47:19 -0800

On 5 December 1933, 75 years ago today, Utah became the 36th state to ratify the Twenty-First Amendment of the United States Constitution, signalling the end of the Prohibition era.

Pleasant Grove City v. Summum

Non Prosequitur — Thu, 13 Nov 2008 12:16:33 -0800

The previously-mentioned Summums want to place their own monument in a park which contains the Ten Commandments, making the Supreme Court's heads explode in a a hilariously weird oral argument^[pdf]: "Scalia: I don't know what that means. You keep saying it, and I don't know what it means. [...] Breyer: Suppose that there certain messages that private people had like "eat vitamins"—and then somebody comes along with a totally different content, "ride the roller coaster," and they say this part of the park is designed to get healthy children, not put children at risk." At issue: "Pulling a crystalline, cogent rule out of the murk of the court's First Amendment, public forum, and Establishment Clause doctrine is an act of creation too complicated for mere mortals."

The Right to Sleep

dinsdale — Sun, 26 Oct 2008 17:02:11 -0800

Crimes of Necessity On Oct. 14 2008 the B.C. Supreme Court handed down a landmark decision declaring that, due to the lack of adequate homeless shelters, it was unconstitutional for the City of Victoria to prevent homeless individuals from erecting temporary structures for protection from the elements. The ruling culminates a multi-year campaign by David Arthur Johnston to establish the "right to sleep". As the decision is based on an interpretation of Canada's Charter of Rights and Freedoms, the ruling applies to every municipality in Canada. In the wake of the decision, Victoria City Council passed a resolution which stipulates that such shelters must be removed by 7:00 each morning. David Arthur Johnston's Journal of the Occupation of St. Ann’s Academy (January 2004 to October 2008, chronological with the newest updates at the bottom.) Hope in a Homeless World (Monday Magazine) Park camps a useful push for real change (Victoria Times-Colonist) Tent City judgment is a revolution (The Republic of East Vancouver) Love and Fearlessness (full 90 minute documentary covering events leading up to the ruling.)

Ecuador has a new constitution

PercussivePaul — Mon, 29 Sep 2008 15:52:52 -0800

Voters in Ecuador appear to have approved a new constitution yesterday, guaranteeing rights to clean water, universal healthcare, pensions, and free state-run education through the university level. It also may allow President Rafael Correa to remain in power until 2017. Particularly of note is a world first bill of rights for nature which grants inalienable rights to nature. This portion of the constitution was drafted with the assistance of the Community Environmental Legal Defense Fund, a group which "[provides] free and affordable legal services to community based groups and local governments working to protect their quality of life and the natural environment through building sustainable communities." The specific provisions state: (source) "Chapter: Rights for Nature Art. 1. Nature or Pachamama, where life is reproduced and exists, has the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution. Every person, people, community or nationality, will be able to demand the recognitions of rights for nature before the public organisms. The application and interpretation of these rights will follow the related principles established in the Constitution. Art. 2. Nature has the right to an integral restoration. This integral restoration is independent of the obligation on natural and juridical persons or the State to indemnify the people and the collectives that depend on the natural systems. In the cases of severe or permanent environmental impact, including the ones caused by the exploitation on non renewable natural resources, the State will establish the most efficient mechanisms for the restoration, and will adopt the adequate measures to eliminate or mitigate the harmful environmental consequences. Art. 3. The State will motivate natural and juridical persons as well as collectives to protect nature; it will promote respect towards all the elements that form an ecosystem. Art. 4. The State will apply precaution and restriction measures in all the activities that can lead to the extinction of species, the destruction of the ecosystems or the permanent alteration of the natural cycles. The introduction of organisms and organic and inorganic material that can alter in a definitive way the national genetic patrimony is prohibited. Art. 5. The persons, people, communities and nationalities will have the right to benefit from the environment and form natural wealth that will allow wellbeing. The environmental services are cannot be appropriated; its production, provision, use and exploitation, will be regulated by the State."

The Supreme Court and America’s international relations

homunculus — Mon, 29 Sep 2008 11:00:24 -0800

When Judges Make Foreign Policy. "In a globalized, post-9/11 age, decisions made by the Supreme Court are increasingly shaping America's international relations. When the next justice is appointed, our place in the world may well hang in the balance."

Who's Afraid of the Twelfth Amendment?

Brian B. — Sat, 13 Sep 2008 11:31:45 -0800

The Twelfth Amendment of the U.S. Constitution has serviced the two-party system since 1804, but not without controversy. Little known about Amendment XII is that it requires an absolute majority of over half of the electoral college to win, currently 270 out of 538. If not, as in the case of third party state victories, or a tie of 269 each, the House of Representatives then selects the president from the top three contenders, with each state delegation having only one vote (also requiring a majority). Here's what the selection might look like today, advantage Democrats. However, it is the newly elected House that gets to decide the issue by the following March 4th (with the current VP ascending by default of indecision).

Curfew is declared in a 10 block area of a small Arkansas town

Daddy-O — Wed, 13 Aug 2008 10:04:56 -0800

Curfew is declared in a 10 block area of a small Arkansas town. From the local newspaper: Community declares war on crime-Mayor issues curfew order and Ark. city neighborhood under 24-hour curfew. The mayor has been the subject of controversy in the past.

Life and death of a black and white

mrducts — Wed, 06 Aug 2008 10:47:48 -0800

Texas executes Mexican national who was denied consul visit. Jose Medellin, a Mexican national, was born in the border town of Nuevo Laredo, just across the Rio Grande river from Laredo,TX. Medellín moved to the US when he was 3 years of age, and was 18 years of age in June of 1993 when he participated in the gang rape and murder of Jennifer Ertman, 14 and Elizabeth Pena, 16 in Houston,Texas. He was subsequently found guilty and sentenced to death. In 2004, the International Court of Justice ruled that the Bush Administration must reconsider the case because Medellin was not informed of his right to contact Mexican consulate officials under the Vienna Convention. After the ruling, President Bush asserted authority under the Constitution and the various laws of the United States to order states to review the convictions and sentences of foreign nationals who had not been advised of their Vienna Convention rights. On March 25, 2008, the U.S. Supreme Court rejected the arguments of the Bush Administration, and ruled that President Bush can't force Texas to reconsider, even if in violation of the International Court of Justice.[Previously]

Bible gets sued

nospecialfx — Thu, 10 Jul 2008 11:44:17 -0800

As the gay marriage fight unfolds in California, some gays (and others) are fighting back: one gourp is boycotting a rich hotel owner, others are standing apart and one is suing the Bible (who gets subpoenaed for that one?). Meanwhile, a key opponent to gay marriage keeps its doors open (and its ballot committee going) despite being suspended. They say they're working on it, but no changes yet.

A New World Is At Hand

netbros — Fri, 04 Jul 2008 05:38:16 -0800

These are the documents that started it all. The Charters of Freedom. As the USA celebrates another Independence Day, the National Archives presents the historical development of the Declaration, the Constitution, and the Bill of Rights, and their impact upon the nation and the world.

Free the Amazon One-Click! Long Live Open Source Genes!

Toekneesan — Wed, 07 May 2008 10:36:46 -0800

“I actually ran it by a number of colleagues who teach administrative law and constitutional law,” Professor Duffy said, recalling his own surprise at finding such a fundamental and important flaw. He thought he must have been missing something. Law prof notices that every US patent approved since 2000 was approved unconstitutionally and thus are all probably invalid. Looks like he may be right. Professor Duffy's journal article on his discovery.

The Chain of Command in Coercive Interrogations

digaman — Thu, 03 Apr 2008 07:53:05 -0800

“You could almost see their dicks getting hard as they got new ideas." A Vanity Fair reporter investigates the chain of command that tossed out the Geneva Conventions and instituted coercive interrogation techniques -- some might call them torture or even war crimes -- in Bush's Global War on Terror. UC Berkeley law professor John Yoo's now-obsolete 81-page memo to the Pentagon in 2003 [available as PDFs here and here] was crucial, offering a broad range of legal justifications and deniability for disregarding international law in the name of "self-defense." Others say that Yoo was just making "a clear point about the limits of Congress to intrude on the executive branch in its exercise of duties as Commander in Chief." [previously here and here.]

Remember the Alamo, but don't forget Poleland

Blazecock Pileon — Thu, 03 Apr 2008 01:17:55 -0800

Texan judge rules $5 "pole tax" violates First Amendment rights. Further, Judge Scott Jenkins found no evidence to justify the purpose of HB 1751 (PDF), finding the anecdotal link of the patronage of strip clubs with a lack of health insurance and increased sexual assault rates for dancers insufficient, and ordered the state to pay the plaintiffs' legal fees. Activists are already looking to appeal Jenkins' ruling and reenact the tax. (Previously on Metafilter.)

The Audacity of Government

East Manitoba Regional Junior Kabaddi Champion '94 — Wed, 02 Apr 2008 07:45:01 -0800

A very special 'This American Life' about an administration with the endemic belief that laws only apply to the little people, and a limitless refusal to concede on even petty issues, no matter the costs. The highlight is about immigrant widows of US citizens (30:50). The program also discusses the constitutional beliefs of the presidential candidates. Bonus post: Expecting a tax rebate check? Yesterday's 'Marketplace' says think again. (Marketplace transcript)

SCOTUS Hears Oral Arguments On Case Determining Whether American Citizens Have the Right to Carry Hanguns under the Second Amendment

Law Talkin' Guy — Tue, 18 Mar 2008 14:26:31 -0800

Oral arguments were heard today in District of Columbia v. Heller, the first occasion in almost 70 years for the Supreme Court to decide the question, "Just what does the Second Amendment to the U.S. Constitution mean?"

McCain's extraterritorial birth

caddis — Thu, 28 Feb 2008 08:00:23 -0800

Is John McCain eligible to become president of the U.S.? He was born on a military base in the Panama Canal zone, which was not sovereign US territory. The Constitution provides:No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. Is McCain a natural born citizen?

Pretty Good Pornography

The Bellman — Sat, 15 Dec 2007 15:18:01 -0800

A Magistrate Judge in the U.S. District Court in Vermont has ruled that a man allegedly caught with child pornography on his laptop need not reveal his PGP password (yes, authorities shut down the laptop and now can't get at the alleged porn) pursuant to the Fifth Amendment's protections against self incrimination. The decision is here[PDF]. A decent write-up (from CNET of all places) is here. This appears to be the first decision ever to directly address this issue, and many commentators had thought it would come out differently. The major question is whether revealing one's PGP key is "testimonial" or not. According to the Supreme Court, giving up fingerprints or blood samples isn't, nor is standing for a lineup, nor is handing over the key to a safe, but if it's combination safe, well maybe that's different. Never let it be said that your Fifth Amendment rights are easy.

Secret Warrants Granted Without Probable Cause

rxrfrx — Thu, 22 Nov 2007 23:32:12 -0800

Secret Warrants Granted Without Probable Cause

"Breathtaking Abuse of the Constitution"

ericb — Fri, 19 Oct 2007 14:12:48 -0800

Two executives of the alternative newspaper chain Village Voice Media were arrested last night after running a story about grand jury subpoenas [PDF] they received seeking reporters' notes and information on who visits their Phoenix New Times Web site. The article, titled "Breathtaking Abuse of the Constitution," claims that the grand jury investigation stems from a long-running feud with controversial county sheriff Joe Arpaio (who calls himself "America's toughest sheriff"). The subpoenas demand New Times turn over all notes, tapes and records of the reporters who have ever written about Arpaio. The subpoenas also seek online profiles of anyone who read four specific articles about Arpaio and profiles of anyone who visited the paper's Web site since Jan. 1, 2004. Also sought is information on what Web users did while on the site.

“Reports in the New-Times over more than a decade have detailed Arpaio's backroom dealings, his mistreatment of prisoners under his watch and his general scuminess. Prisoners at his county jail get only two meals a day, must wear pink underwear, and live in tents outside the jail where they work seven days a week in chain gangs, digging graves for the indigent. An investigation by county prosecutors into the paper's reporting began when New-Times published Arpaio's home address on its website in 2004. A little-known Arizona statute dictates that it's legal to publish the home address of a law enforcement agent in print, or on the radio or television, just not on the Internet; when the print article was uploaded to the New-Times website, prosecutors pounced.”^*