Category Archives: Legal

No Legislation without Representation!

Have you ever seen a congressman being cornered by an angry constituent who asks why he or she voted for a particular bill? How many times have you heard a congressperson in this situation explain that he or she was unaware of a certain provision in a bill he or she supported? Is it possible that the congressperson did not read the bill before casting his or her vote?

Though I believe Michael Moore to be a lying Socialist propagandist, in one scene in his Fahrenheit 9/11 he made a great point (even a broken clock is right twice a day). Moore was driving an ice cream truck around the D.C. mall reading the U.S.A Patriot Act over a loudspeaker. The point he was trying to make was that almost no one in the congress had taken the time to read the bill and were likely hearing the contents of the bill for the first time. Regardless of how one feels about the U.S.A Patriot Act, is it not a little unsettling that our representatives in congress voted on a bill without first reading it?

The fact that most of the representatives failed to read the U.S.A Patriot Act is hardly unusual. Judging by the size of some of these bills, some which rival the thickness of The Unabridged Oxford English Dictionary, it’s no wonder why most legislators only read a summary of the bill’s main points (if that). Because there are so many cumbersome bills in various stages of the legislative process at any given time, it is not unusual for a representative’s constituents to be better informed than he or she is on a particular bill. As a result, the people of this country are in many respects, unrepresented in congress.

Unlike most problems, this solution seems quite obvious: require every congressperson to read a bill in its entirety before casting a vote. Believe it or not, such a bill has been proposed. An organization dedicated to limited government causes by the name of Downsize D.C. is behind a bill called the “Read the Bills Act” (RTBA). The organization believes the bill will result in smaller bills, more open and honest debate, slow the growth of government, and would end the practice known as “logrolling” (sneaking in unpopular proposals into an otherwise popular bill).

The RTBA would require every bill with every amendment to be read aloud before both the House and the Senate. Each congressperson would be required to sign an affidavit under penalty of perjury stating that he or she has had either read the entire bill or had the entire bill read to him or her before casting a vote. Any bills with sunset provisions which are up for renewal would also be subject to the above provisions of the RTBA. Additionally (a provision that I particularly like) each bill would be required to be posted on the internet seven days before the vote and congress would be required to inform the public of the date of the vote. Any bill that fails to conform to these rules would be considered null and void and would be grounds to challenge the law in court, therefore; congress could not waive the requirements under the RTBA.

So far, I only see one problem with the RTBA: the clerk from each house would read the bill. Arizona has a RTBA (of sorts) where the bill is read by a speed reader. The person reading the bill reads it too fast for most people to understand (much like the disclaimers at the end of some radio ads). What would stop the House and the Senate from using a similar practice? I would suggest that instead of having the clerks read the bills, either the bill’s sponsors, or the leaders in each legislative body (Speaker of the House in the House; the Vice President in the Senate) should read the bills.

Requiring our legislators to do their jobs (read their own bills) should not be too much to ask. No more legislation without representation!

Draft of the RTBA

D.C. Circuit Court Gets it Absolutely Right

I couldn’t imagine a better statement about the right to keep and bear arms coming from any court in this land (emphasis mine):

To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms.

That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad).

In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty.

Despite the importance of the Second Amendment’s civic purpose, however, the activities it protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.

More, including links to other sites and analysis, at How Appealing

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Anyone Who Believes America is Winning the Drug War Must Be High

Originally posted November 10, 2004 at Fearless Philosophy for Free Minds

Could legalizing drugs be the answer to reducing drug use in America? Most people would probably call that idea crazy. Why would the government want to encourage drug use? This is a misconception most people have when the taboo topic of legalizing drugs is brought up. Many people believe that because something is legal, the government is somehow saying it is right. Tobacco is a legal product yet it is constantly under attack. When was the last time the surgeon general told the public that tobacco is safe and healthy? Could this reasoning apply to other drugs that are currently illegal, yet kill far fewer people than tobacco? In fact, tobacco kills more people every year than all illicit drugs combined (McWilliams, 1996). What would happen if tobacco was suddenly illegal? Would people who want to smoke try to find and buy cigarettes despite it being a banned substance? What would the consequences be of this prohibition? The result of course would be a complete failure, just as the prohibition of drugs has been a failure. There are three main reasons why the prohibition of illegal drugs should end: it is ineffective, it causes unnecessary strain on the criminal justice system, and above all, it is dangerous.
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Justice Behind Closed Doors

Isn’t justice at all:

Military tribunals are scheduled to begin Friday for 14 high-value foreign terrorism suspects held at Guantanamo Bay, Cuba, but the hearings to determine whether they are enemy combatants will take place behind closed doors because of the risk that top-secret information could surface, defense officials said yesterday.

The hearings will be the first secret Combatant Status Review Tribunals at Guantanamo; similar proceedings for hundreds of other detainees have been open to news media.

The hearings were to be the first time men such as Khalid Sheik Mohammed — the alleged architect of the Sept. 11, 2001, attacks — made public appearances since their arrests and years-long detention in secret CIA facilities.

Instead, the 14 detainees will face separate three-officer panels out of view and without a lawyer. They will each have a government-provided personal representative and the opportunity to address the tribunals. None of the men has seen anyone other than his captors, except for representatives of the International Committee of the Red Cross who visited shortly after their arrival in September.

Quite honestly, I don’t doubt that the men who will be tried by these tribunals are guilty of plotting attacks against the United States and against American citizens. That, however, isn’t the point.

The Rule of Law means something. And it’s meant something since the Magna Carta in 1215. One of the things it’s come to mean is the idea that people can’t be held indefinitely without being charged with a specific crime and without the benefit of counsel.

The Bush Administration has sought to evade these requirements by arguing that the detainees at Guantanamo are  enemy combatants and that the rules which would normally restraint prosecutors are not applicable.

Even if one accepts that argument, the idea that convictions would be obtained behind closed doors and without the accused being provided the opportunity to retain an attorney to represent them goes against everthing the American legal system is based upon.

Thoughts On The Libby Verdict

Earlier this afternoon Scooter Libby, Vice-President Cheney’s former Chief of Staff was found guilty on four of the five counts he had been charged with:

A federal jury today convicted I. Lewis “Scooter” Libby of lying about his role in the leak of an undercover CIA officer’s identity, finding the vice president’s former chief of staff guilty of two counts of perjury, one count of making false statements and one count of obstruction of justice, while acquitting him of a single count of lying to the FBI.

The verdict, reached by the 11 jurors on the 10th day of deliberations, culminated the seven-week trial of the highest-ranking White House official to be indicted on criminal charges in modern times. Anyone involved in a criminal case is open to media scrutiny, but this is particularly the case where politicians are concerned.

Under federal sentencing guidlines, Libby faces a probable prison term of 1 1/2 to three years when he is sentenced by U.S. District Judge Reggie B. Walton June 5.

On some level, this isn’t surprising. Libby’s defense — that he was too busy to correctly remember where and how he first learned of the identity of Joe Wilson’s wife — was somewhat absurd to begin with. Furthermore, the fact that he did not testify in his own defense was, I think clearly a mistake on the part of his attorneys given the type of defense they were asserting. If they truly wanted the jury to believe that he had forgotten the correct version of events because he was busy or had a congentially bad memory, not allowing him to testify about that and relying on other witness seems foolish in hindsight.

But let’s also be clear about what these verdicts do not mean. Libby was convicted of lying to federal investigators; essentially, the same thing that Martha Stewart was convicted of in connection with her insider trading scandal. Like Stewart, Libby was not even indicted for illegally disclosing the name of a covert operative. Like Stewart, it is fairly clear at this point that Libby probably didn’t even do anything illegal when he discussed Valerie Plame’s status as a CIA agent with reporters. Like Stewart, Libby most likely would not have been in criminal trouble at all had he told the truth to the FBI.

I’m convinced, though, that neither Libby nor anyone else in the Bush Administration was concerned with criminal liability when the Plame investigation was going on. This was, and always will be, a political scandal about the Iraq War. Libby, like his boss Cheney, was concerned first and foremost with preserving the political integrity of the Bush Administration’s justification for going to war in March 2003.

It is ironic, then, that Libby will now go to jail, his career in ruins, because he was trying to protect a legacy that itself stands in ruins.

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