Article IV

It shouldn’t take a Snowden, who promises a boatload of new disclosures in 2014, to make this happen. That’s why Judge Leon, whether or not he prevails in this case, deserves thanks for launching the legal and political debate in the right direction.

“I am filing a lawsuit against President Barack Obama because he has publicly refused to stop a clear and continuing violation of the 4th Amendment,” Paul said in a statement from his political action committee. “The Bill of Rights protects all citizens from general warrants.”

It is unfortunate that there is nothing new in the President’s agenda for 2014. His speech was wrapped in the worn out rhetoric of class warfare and populism. It included the income inequality through re-distributive means, such as minimum wage laws and extending unemployment benefits. These do not improve the structural growth of middle class wage earners. All they do is reduce the number of available jobs and increase unemployment rates. There is no meaningful discussion of reforming Obamacare to make it a viable healthcare system that provides "affordable" and quality healthcare to Americans.

With a number of States now considering bills to thwart the implementation of Obamacare or legislation to turn off resources like water and power to National Security Agency facilities around the country, a number of political commentators are weighing in.

If Congress takes seriously the idea that there needs to be an advocate of privacy, trying to protect the public from the intrusion of the government’s massive sweep of telephone data in search of terrorists, it will not find a ready answer in the Constitution on the legality of such a move. And, it appears, Congress will also run directly into significant opposition from within the federal courts themselves, whose leaders see no real need for such an office.

Thursday, January 16, 2014

A New York Times report on the imprisonment of a journalist may have underplayed how chilling the case is... On Monday I highlighted the case of Roger Shuler, an Alabama blogger currently under indefinite detention in a state prison after refusing to remove items from his blog in adherence to an injunction ruling. His detention is a striking abrogation of First Amendment protections.

Tuesday, January 14, 2014

On Tuesday, Citizens United announced a campaign to raise awareness about a proposed Constitutional amendment that would prohibit members of Congress from exempting themselves from federal laws. H.J. Resolution 55, sponsored by Congressmen Ron DeSantis (R-FL) and Matt Salmon (R-AZ), has been introduced in order to stop the sort of abuses attendant on the passage of Obamacare, in which members of Congress crafted waiver language carving them out of laws they meant to prescribe on everyone else.

Wednesday, January 8, 2014

Just a guess: Navy public affairs officer Robin Patterson, who was in charge of responding to this Freedom of Information Act (FOIA) request, probably didn't mean to send his her strategy memo about to how to dodge various aspects of the query for photos, memos, and emails to the reporter who filed the request.

One of the biggest political changes that 2011 brought — in large part due to the tea parties and their effect on the 2010 election — is the centrality of the Constitution to our public discourse. Lawmakers and citizens no longer consider simply whether a given bill or policy proposal is a good idea but whether it is constitutional. “Where does the government get the power to do that?” is often critics’ rallying cry.

Tuesday, December 10, 2013

According to court documents, police entered Lugo's home on Sept. 2, 2012, as her family was celebrating Labor Day. Police stopped and questioned her son Edwin Avellanet as he was outside throwing out garbage and asked for identification, the lawsuit says. When he refused to show any, officers allegedly grabbed his right arm and Avellanet broke free and ran into the building... When inside, police allegedly struck Avellanet two or three times with a hard object, struck their friend in the face and threw a woman into the dresser with the bird cage on it, court documents say.

Wednesday, December 4, 2013

The Wisconsin Supreme Court recently added five cases to its docket, including two cases involving Fourth Amendment issues. The other three deal with disclosing criminal informants, property damage, and trucker’s insurance issues.

But modern technologies have made it simpler for law enforcement to track citizens’ movements and communications, Crump explained, posing a threat to citizens’ privacy. Because this change has been so sudden, the ACLU began working in 2012 to inform citizens that this surveillance exists. The ACLU filed nearly 400 Public Records Act requests with local police departments across the U.S. that year to request information about their government’s policies on warrantless cell phone tracking.

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