Daily Kos

Tag: Constitution

Obama v. Dodd, Feingold, Leahy, Boxer and Progressives

Sat Jul 05, 2008 at 02:42:01 PM PDT

Senator Obama has said that he will vote for the pending FISA bill. Some of his Democratic colleagues in the Senate, however, have pledged to vote against that piece of legislation and have offered their reasons for choosing to do so. Let us look at comments by some of those who stand in opposition to Senator Obama's position and why they stand in oppostion. This may better help us to assess where Senator Obama stands on the left/right political continuum.

I May Not Be Voting for Barack Obama

Sat Jul 05, 2008 at 10:24:12 AM PDT

I am well aware that FISA is an oft-discussed issue here on Daily Kos. And I am well aware that some will consider this hysterical over-reaction. But, personally, I think this entire nation is suffering from a horrific complacency of inaction, and so I'm going to say my piece.

As I celebrate this July 4th weekend -- one of my favorite holidays; the anniversary of this website's birth; and the always joyous occasion of opening a play -- my thoughts are consistently drawn back to the pending FISA legislation in Congress and the issue of telecom immunity. This is not unnatural, because the pending FISA legislation is a betrayal of the principles of government which were laid down by our founding fathers more than two hundred years ago. Since I consider the July 4th holiday to be a celebration of those principles and the nation those principles established, I actually consider it a celebration of sorts to take these issues under consideration.

Top 10 Reasons I Flew My Flag Yesterday

Sat Jul 05, 2008 at 09:26:04 AM PDT

Yesterday, July 4th, 2008, I was proud as hell to fly my American flag. It usually rests in the front closet, but I do pull it out for Memorial Day and Veterans Day to honor some relatives and friends, and I fly it on Independence Day. I take it down before sunset, and I store it properly. It doesn't touch the ground - ever - and I love it when the holiday is breezy and I can look out my front window and see the stars and stripes flying out and back. It is meditative, like watching a campfire or the waves breaking into the shoreline.

Democracies In Trouble

Sat Jul 05, 2008 at 12:02:13 AM PDT

It would seem that our democracies in Canada and the U.S.A. are not the only ones ailing - especially with regards to the increasing - and successful - assaults on our privacy and civil liberties ... all in the name of the false God of Security.

Indeed - things are not looking so good either in the U.K. Case in point with the following article (and I invite you good folks to rejoin me below after reading it):

Declaring our Independence

Fri Jul 04, 2008 at 11:08:05 PM PDT

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

Obfuscating the Obvious - Don't go there any longer, Senator Obama

Fri Jul 04, 2008 at 09:35:37 PM PDT

Dear Senator Obama,

So many words.

So many symbols.

So many twists and turns.

So much fog.

So much noise.

So much Fox and Murdoch and CNN and in_deed SO MUCH LYING.

So much Pelosi and So much Reid. Senator Obama let me try to help you and your highly paid experts grok some very simple facts regarding ....

When in the course of human events....

Fri Jul 04, 2008 at 05:05:03 PM PDT

Anything sound familiar?

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation....

The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world....

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them....

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries....

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
...

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Over two centuries ago, colonial America reacted to the abuses of their leaders in the most drastic and violent way open to them, by taking up arms against their oppressors. Revolution is not to be taken lightly, and wasn't by those men and women. Perhaps recognizing within themselves the potential to create a grand experiment that would alter world history, or perhaps just fed up with the status quo, they acted.

And out of their actions was built something indescribably profound. A simple piece of paper that recognized both the strengthens and the foibles of human beings, that allowed the best of what's in us to flourish, while providing a stop against the natural tendency of those in power to abuse their rule. The philosophy of these men and women when approaching governance was best summed up by John Adams:

"There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty."

The shred of paper that grew out of the experience of colonization, oppression, violence and revolution has proven remarkably durable over these 219 years. It's weathered foreign war, civil war, four presidential assassinations, two presidential impeachments, and many a misguided Congress. It's also been supported by some extraordinarily brave men and women who served in that body and who elevated it.

In response to the revelations that a president had violated the 4th amendments stricture against "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures," the first branch of government stood up to that president, led by Senator Frank Church:

Personal privacy is protected because it is essential to liberty and the pursuit of happiness. Our Constitution checks the power of Government for purposes of protecting the rights of individuals, in order that all our citizens may live in a free and decent society. Unlike totalitarian states, we do not believe that any government has a monopoly on truth.

When government infringes those right instead of nurturing and protecting them, the injury spreads far beyond the particular citizens targeted to untold numbers of other Americans who may be intimidated...

The natural tendency of government is toward abuse of power. Men entrusted with power, even those aware of its dangers, tend, particularly when pressured, to slight liberty.

Our constitutional system guards against this tendency. It establishes many different checks upon power. It is those wise restraints which keep men free. In the field of intelligence those restraints have too often been ignored....

The United States must not adopt the tactics of the enemy. Means are important, as ends. Crisis makes it tempting to ignore the wise restraints that make men free. But each time we do so, each time the means we use are wrong, our inner strength, the strength which makes us free, is lessened.

And thus the Foreign Intelligence Surveillance Act, the sole and exclusive means by which the government could conduct surveillance against Americans, was born. How ironic that the major battle against what is undoubtedly the worst and most dangerous executive this nation has ever seen would be over this, and that this Congress would so abjectly fail this test their forebearers set. They try to dangle in front of us the shiny object of a "new" law that has been in effect for thirty years as some great achievement, hoping that we won't notice that with their other hand, they are vastly expanding the president's power to ignore the 4th Amendment of that remarkable piece of paper.

The most important political office is that of private citizen.
-Louis D. Brandeis

Don't let them get away with it. This terrible law will almost certainly pass, but don't let it happen quietly. And don't let them think they got away with their ruse. Celebrate your 4th of July by finding your nearest Senator. Remind them that they work for you. Remind them that their oath of office admonishes them not to "support and defend my next election campaign," but says "support and defend the Constitution."

While you are doing so, give thanks to an incredible Patriot, Christy Hardin Smith, who has marshalled her vast organizing skills for a campaign to make doing your job as a private citizen easier. Click on this link to take action.

The Constitution Attacked Me!

Fri Jul 04, 2008 at 03:17:02 PM PDT

OR: Today I Remembered Why I Was Hesitant About Getting Into Politics

    Ok so I am relatively (well, VERY) new to the world of politics.  I found a candidate that I was willing to put in my time and money for, and I have been doing just that.  Do I know his position on the issues?  Not to the tee, but enough for my own relevance.  Do I know his voting record?  Yes, but not every single vote he's ever cast.

    Today I was planning on posting one of those diaries that kept popping up during the primaries - here I am signing up voters, here I am knocking on doors, here are some signs, here are some cute babies with Obama balloons, (with pics!), etc.  Instead of going to a picnic today, I went to a "freedom festival" to simply sit at the Democratic Party table and register new voters.  While I was there, I remembered why I was so hesitant to get involved in the first place.

Guns on the fourth of July

Fri Jul 04, 2008 at 10:24:09 AM PDT

Our Declaration of Independence is the true source for the intentions of the Founding Fathers at the birth of our Nation on July 4, 1776.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

We have UNALIENABLE RIGHTS, endowed by our Creator.

The excessive presence of lethal weapons in American society, dispersed with no common sense public safety policy and lax or nonexistent controls, is a constant threat to our unalienable rights to life, liberty and the pursuit of happiness.

They Still Don't Get It

Fri Jul 04, 2008 at 05:04:29 AM PDT

Today as we celebrate the anniversary of our nation, i came across an article that just makes me shake my head and wonder how do these people stay in office. If I am not mistaken the primary responsibility of the President of the United States of America is not to protect me, but to protect the Constitution. If the Constitution is protected and upheld then I am as well.

Ripley, Do You Believe This?

Fri Jul 04, 2008 at 04:01:20 AM PDT

You may have heard, "the truth is stranger than fiction," and indeed, often that seems the case.  While that strange truth is usually just entertaining and innocuous, there are times when it is exactly the opposite... stupefying and malicious.
 
Here are a few instances which you may not have been aware.  Not so surprisingly, many involve government and elected officials at various levels.

The entries here do not quote their referenced sources, except for maybe a one or two line teaser that might pique your interest, and, of course a link, along with maybe short comment.   Hope you enjoy.

A Fourth of July reading

Fri Jul 04, 2008 at 03:57:45 AM PDT

It used to be a tradition in the United States to have public readings of the Declaration of Independence on the Fourth of July.  People would gather in the public square with some local notable or promising student standing in front of the assembly, Jefferson's timeless words in hand, to read out clear and loud: "When in the course of human events..."

It's not a bad tradition, nor is the Declaration a bad document.  I particularly like this part:

governments are instituted among men, deriving their just powers from the consent of the governed [and] whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government.

I'm not so thrilled about this part:

He has excited domestic insurrection among us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions.

One hundred fifty-six years ago, the abolitionist and escaped slave Frederick Douglass offered his own thoughts on the importance of the Independence Day holiday.  After the flip, the entirety of his remarks.

July 4th Independence Day 2008

Fri Jul 04, 2008 at 01:52:44 AM PDT

Many are declaring that they are independents this year, most as a protest because (gasp) a black man defeated their candidate who happened to be the first woman presidential candidate, at least one for a major party. (If anyone else had been their candidate there would be cries of racism but hey these so called Democrats are not bigots, they would never stoop to racist remarks, but supporting a Black man for President is going a bit to far).

How do these so called declarations of independence compare to that one 221 years ago?

FISA Fissure

Thu Jul 03, 2008 at 08:42:56 PM PDT

Okay, I'm very disappointed about this FISA business. Today's post from Senator Obama doesn't change that. I am very impressed with his willingness to allow these expressions of dissent on his own website. (This is cross-posted there.) This acceptance of disagreement and the importance of listening to disagreement and engaging it represents the leadership style I want to see in the White House.

This brings up a question of priorities. What's more important: leadership style or the protection of the constitution? I suppose I wouldn't care what style he embodied if I felt that our constitutional rights were being soundly protected. So, if there were no other considerations, I might opt to withdraw my support based on this.

July 4th FISA Action:  4th Amendment Leaflet

Thu Jul 03, 2008 at 07:30:24 PM PDT

July 4th is a good day to read the Declaration of Independence aloud and hand out copies of the 4th Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This is what the latest FISA battle is about.  Does the US government have the right to search and seize our papers, email, phone calls and persons without probable cause -  AS THEY ARE CURRENTLY DOING - and provide retroactive immunity for the telecommunications and other corporations who have been helping them, without benefit of any legal cause, for the last few years.

Celebrate your independence on the 4th of July.  Read the Declaration of Independence at the bus stop.  Hand out 4th Amendment FISA flyers and copies of the full Bill of Rights then watch the fireworks.

Poll

Bill of Rights leafletting more often than the 4th of July?

63%7 votes
0%0 votes
0%0 votes
9%1 votes
9%1 votes
9%1 votes
9%1 votes
0%0 votes

| 11 votes | Vote | Results

Celebrate America on July 4th in Central Park, NYC

Thu Jul 03, 2008 at 07:06:19 PM PDT

Norman Siegel has been one of the formost civil rights lawyers in America for 40 years, starting with the American Civil Liberties Union's Southern Justice & Voter Law Project in 1968. More recently he was executive director of the New York Civil Liberties Union. His resume of fighting for American freedoms is impressive.

Throughout that 40 years, Norm Siegel has read the Declaration of Independence, US Constitution, its Amendments with an emphasis on the Bill of Rights on July 4th, usually in public parks. This year he will be at Central Park's Strawberry Fields along with NYS Senators Bill Perkins and Eric Adams, Reverend Billy, the Granny Peace Brigade and Grandmothers Against the War. Come celebrate America and America's freedom with one of the modern champions of those freedoms. Details below.

On liberty, from Australia this Fourth of July

Thu Jul 03, 2008 at 06:34:31 PM PDT

Note: I posted a slightly different version of this on my blog last night, on the eve of the Fourth of July - well, it was the eve then, it's the Fourth now (I live in Australia, so I'm a bit ahead of y'all). It was a reaction to news I read that day, and a rumination about being an expatriate American on our national holiday.

Recent events regarding civil liberties have hit the news in Australia. World Youth Day, a gathering of a quarter-million young Catholic pilgrims, will kick off here in Sydney next week, and Pope Benedict will visit. It's a big deal for a country that's 25% Catholic.

Follow below for more, including some non-gratuitous vulgarities.

Response to Barack Obama's FISA Message

Thu Jul 03, 2008 at 06:06:19 PM PDT

Barack Obama issued a flimsy statement today as to why he is supporting the FISA bill.  

Obama saying he will work to strip the Telecom Immunity from the bill is not enough. Everyone knows that Telecom Immunity will not be stripped from this bill.

Poll

Can we change Barack Obama's mind on FISA?

9%12 votes
34%45 votes
10%14 votes
45%60 votes

| 131 votes | Vote | Results


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