constitution

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Today, Mayor Michael Bloomberg of New York told the Senate that “It’s time to close the terror gap” that allows those on a terrorist watch list to purchase guns. “It’s just common sense to give the FBI authority to keep terror suspects from buying guns and explosives,” he said.
No, Mayor Bloomberg, it’s not. There is no due process involved in being placed on the terrorist watch list, and there’s no way to be removed from the list if one is wrongly placed on the list (just ask 8-year-old Mikey Hicks).
Sen. Frank Lautenberg of N.J added, “Convicted felons, domestic abusers and the mentally ill are forbidden from buying guns and explosives, but nothing in our laws keeps fanatics on the terror watch list from purchasing guns and explosives . . . That is hard to believe — yet, unfortunately, it is true.” That’s because convicted felons, domestic abusers and the mentally ill have had some notice of the charges against them an an opportunity to mount a defense before their rights are stripped.
The terrorist watch list is rapidly approaching a million and a half names there’s no way that it is a reliable list of anything, much less a valid reason to deny constitutional rights–today it’s “just” gun and explosive purchases–how soon until we want to strip Fourth or even First Amendment rights from those on an arbitrary and unreliable list.

That’s not common sense, that’s dangerous nonsense.

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Earlier this morning, Gardner Campbell retweeted a thought-provoking comment from Tony Gonzalez referring to a boingboing article about the electronic panopticon that many of our public schools have become. I agree wholeheartedly with Gardner and Tony that I wouldn’t dream of subjecting my own kid to that kind of environment.
Leaving aside the two-tiered system that results when Gardner, Tony, and I (and others like us) opt out of the public system for our children, what worries me is the longer-term pernicious effect on American society that such a system of schools is having. We’ve already seen tremendous erosions in personal liberty and privacy rights over the past 3 or 4 decades as a result of the war on drugs and the war on terror. Thanks to the exclusionary rule, the 4th amendment has been shot so full of exceptions that it’s hardly recognizable, and there have even been calls to eliminate the exclusionary rule, the only enforcement we have for the 4th amendment. The exclusionary rule is bad, but without it, we have no remedy for violations of 4th amendment rights, and a right without a remedy is no right at all.
And therein is the problem with raising generations of children in prison-like schools: the protections of the 4th-amendment are based on the concept of a reasonable expectation of privacy. What happens to those rights when we raise a few generations to accept warrantless searches, metal detectors, suspicionless canine searchesdrug testingconstant webcam surveillance, and biometric-scanning to get into an amusement park as normal parts of life?  If most people don’t expect to have any privacy, none of us will have any right to privacy.
That’s not a world I want to have a hand in creating.

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Worst Idea in 800 years?

Why you need a written constitution: Scotland’s Cabinet Minister for Justice, Kenny MacAskill, wants to end the legal protection against double jeopardy and allow the state to re-prosecute people who have been tried and acquitted. Sadly, Scotland would be following, rather than setting, precedent: “The move would bring Scotland into line with changes made to the law in England and Wales four years ago, since when there have been three successful re-prosecutions.” One has to wonder: how many “unsuccessful” re-prosecutions have there been? How many innocents have had to endure multiple prosecutions at the hands of zealous prosecutors?

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