Archive for the Civil Rights/Civil Liberties Category

Joint Base Fort America (July 28, 2014)

Posted in Bush, Civil Rights/Civil Liberties, Freedom / Liberty, Military, Military Commissions Act, National Defense Authorization Act / FY 2012, O'Bama, Security State, USA PATRIOT Act, War on July 28, 2014 by e-commentary.org

. . .

5          “America is now one gigantic fortified military base.”

7          “Joint Base Bush O’Bama.  JBBO.”

5          “Or Joint Base O’Bama Bush.  JBOB.  What’s the difference.”

7          “We are in the fourth term of the Bush Administration.  Or during the first term of the O’Bama Administration, President Cheney and Vice President Bush invaded Iraq without provocation or plan based on lies and deception.”

. . .

5          “A locked compound on lock down.  And too many Americans are not locked on to this development.  The government is locked and loaded and ready to lock up dissidents or the downtrodden.”

7          “The authorities have us locked with stock and barrel.  The new USSA – the United Security State of America – is not much different than the old USSR.”

5          “The area along a nation’s border has always been a region where liberty is more constricted and civil liberties are constrained.  The band of land, however, was narrow and circumscribed the border.  The heart of the country was free. Today, the southern border of America is moving north while the northern border is moving south while the western border is moving east while the eastern border is moving east west.”

7          “The only free area may be the geographic center of the contiguous United States.  The town of Lebanon, Kansas or thereabouts, but that may only be the last place to be enveloped.  The plate tectonics of the security state are shifting ominously.  A big collision is in the works.”

. . .

Bumper sticker of the week:

I wasn’t using my civil liberties anyway

 

Cell Phones: Supreme Court Celebrates “Terrorism-Free Month” With Unanimous Proclamation On Privacy (June 30, 2014)

Posted in Civil Rights/Civil Liberties, Constitution, Supreme Court, Technology, Terrorism-Free Month - June on June 30, 2014 by e-commentary.org

. . .

L          “At core, the Supreme Court really confessed that all nine of them in fact have cell phones, too.”

M          “Thank goodness that the Founding Fathers anticipated the emergence of cell phones.  That seems to be what animated Scalia, Alito and Thomas.”

. . .

L          “If, pray tell, a cop detained a Justice of the Supreme Court, the computer check of the vehicle license plate or a quick review of his or her Supreme Court identification card would summon an immediate apology from the police for the delay and inconvenience.”

M          “A cop would see the Supreme Court parking sticker on the bumper and arrest his or her activities.”

L          “Supreme Court Justices are immune from prosecution.”

M          “Yet their kids have cell phones and may not be afforded the same immunity.”

. . .

L          “Roberts’ opinion is an insightful commentary on the ubiquity of the cell phone and its pervasiveness in our lives.  The ‘smarty pants phones’ are the repositories of our mind and soul.”

M          “The kids in particular are transfixed by these fixtures that could be affixed to them with pop rivets.”

. . .

M          “You could craft a novel using just cell phone records and, for good measure, credit and debit card statements.  Grocery receipts, book purchases and movie rentals are a telescope and microscope into one’s internal hard drive.  The reader would need to participate actively in reading between the lines, discerning the interstices and supplementing the silences, yet the effort would be rewarded.”

L          “I stumbled on my January, 2011 credit card statement and relived the previous month just reviewing line item entries.  Who, what, when, where and, with some imagination, why.”

M          “There are no secrets today.”

. . .

L          “The Court and public officials should error, if it is an error, on the side of privacy.”

M          “A warrant really is not much to ask.”

L          “Nine to nothing is something.”

. . .

Bumper stickers of the week:

Get a warrant, please.

Justice Roberts knows more about cell phone telephony than your honor student . . . or your dog.

Bulk Collection Of Telephony Data. Again. (December 16, 2013)

Posted in Book Reference, Civil Rights/Civil Liberties, Constitution, Courts, Due Process, First Amendment, FISA, Journalism, Judicial Arrogance, Law, Newspapers, O'Bama, Politics, Press/Media, Privacy, Republican Federal Judge Syndrome on December 16, 2013 by e-commentary.org

. . .

L1        “You never know what a Monday will bring.  A federal judge ruled that the NSA’s bulk collection of Americans’ telephony records likely violates the Fourth Amendment to the U.S. Constitution.”

L2        “You did not hear the word ‘telephony’ in polite parlance two dozen years ago.  The courts must now address the interplay of law with technology far more sophisticated than a pair of soup cans and a string.”

L1        “Most federal judges were ‘Arts and Crafts’ majors in college who may understand Tennyson but really do not understand technology.  Listen to the techs who install IT systems in the state and federal courts.  Some of these judges are still looking for the rotary dial.”

L2        “The government’s reliance on a case from the prehistoric days of telephony – way back in 1979 – is proof positive that the issue must be addressed anew in light of the new technology today.”

L1        “They will need to refer more often to Newton’s Telecom Dictionary than to Black’s Law Dictionary.  That will be fun.”                  

. . .

L1        “Within a fortnight of the Democrats’ decision to require the Senate to ‘advise and consent’ and vote on O’Bama’s appointments to places such as the District of Columbia Circuit Court of Appeals, the decision will have consequences.  One or more of the new appointees could be assigned to the reviewing tribunal.  If there is en banc review of the three panel decision, there are now more Democrats than Republicans.”

L2        “But will the Democrats defer to their benefactor?  Is there another Republican appellate court judge who may be a fan of the Constitution rather than unchecked federal intrusion?  And we always have the five Supremes who will get to chime in.” 

L1        “Who just don’t get it.  They do not even want to admit that the NSA exists.”

. . .

L1        “Judge Leon (Bush II) overcame the always pernicious ‘Republican Federal Judge Syndrome’ that almost always plagues Republican appointees.  Yet the judge once again displays the occupational hazard of these imperial federal judges.  His opinion is snarky, arrogant, condescending, intemperate, and sloppy.  The screed deserves a B+ for intuiting basic truth, a C- for style and an F for arrogance.”

L2        “When you are going to be courageous, you must be flawless.”

L1        “There are more than a few good women and men who are concerned that collecting the metadata is constitutional and may prevent a great catastrophe.”

L2        “But in the final analysis, there is the Constitution.” 

. . .

[See the “e-ssays” titled USA PATRIOT ACT (April 4, 2005), Less Government Regulation Series: Google (Nov. 30, 2009), Boycott Facebook? (August 2, 2010), Brave 1984 Farm: The Best Of All Possible Worlds (March 19, 2012) and Hero or Traitor? (June 10, 2013) and I Spy, You Spy, They Spy (October 28, 2013).]

[See the “e-ssays” titled Judicial Activism: Rogue Republican Judges (January 28, 2013), The Paradox Of The Republican Federal Judge: Republican Federal Judge Syndrome (September 23, 2013) and Past Time: Exercising The “New Clear Option” (November 25, 2013).]

Bumper stickers of the week:

Free Edward Snowden

Pardon Edward Snowden

Bestow a Presidential Medal of Freedom on Edward Snowden

Quash the sub poena issued to James Risen

Free the Press

In a dozen plus years and without a debate or a vote, technology has deprived us of privacy.  With little debate and many hasty votes, Congress has deprived us of privacy at every opportunity.  We as a society should create a rebuttable presumption in favor of privacy even if it appears to sacrifice security.  Our personal insecurities are actually creating greater national insecurity. 

I Spy, You Spy, They Spy (October 28, 2013)

Posted in Civil Rights/Civil Liberties, Cyberactivities, Due Process, FISA, Google, Government Regulation, National Defense Authorization Act / FY 2012, Perjury, Perjury/Dishonesty, Privacy, USA PATRIOT Act on October 28, 2013 by e-commentary.org

. . .

A          “Remember back in the halcyon days of 2002 when everyone proclaimed that surely the government was not spying on fellow Americans.”

B          “September 11, 2001 may have been the pivotal day.  Ineptitude and incompetence gave way to fear and folly.  Increased spying is no surprise.  And yet now everyone is surprised.”

A          “And I was deemed paranoid because I knew they were gathering data on us.”

B          “It is not paranoia if they are really after you.”

A          “They were after us.  Every instinct informed me that we were being monitored.”

B          “So many government officials in the know knowingly lied in various forums including some under oath and averred that there was no spying.  Many of those who testified agreed to tell ‘the whole truth’ and did not tell the whole truth.”

A          “I realize that we as a people have always been placing an ear up to a door to snatch a snippet of conversation, yet now there are no restraints.”

. . .

A/B       “Are we safer?”

. . .

Bumper sticker of the week:

“Snowden is a traitor.  Stop spying on me.”

Over The Cliff Or At The Foot? (December 31, 2012)

Posted in Civil Rights/Civil Liberties, Congress, Consumerism, FISA, National Defense Authorization Act / FY 2012, Pogo Plight, Spending, Taxation on December 31, 2012 by e-commentary.org

. . .

E1          “Everyone describes our current federal budgetary mess as a ‘cliff,’ yet we as a society are at the foot of a great summit.”

E2          “Everything is a matter of perspective.  The mix of taxes and spending cuts proposed as part of the ‘sequestration’ are painful and may even lead to a slow-down in the economy in the short term, yet they are a critical first start.  The cuts looked desirable when the Republicans and Democrats agreed to them in 2011.”

E1          “We will not make the right decision unless we realize that we must step up rather than step off.  The ‘can’ they refer to looks more like a 55 gallon steel drum that is not likely to respond to further kicking.  We need to take the first step rather than continue our kicking and screaming.”

E2          “And then Congress must address the budget ceiling in the next two months.  Congress has already spent the money and is allowed, after the fact, to ratify or reject what they already spent.  Some wingnuts are saying they should not raise the debt ceiling.  What Congress needs to do is focus on future spending so that they do not need to ratify their excessive spending in the future.”

E1          “After receiving a bill for goods already provided and services already performed, no citizen gets to decide whether to ‘pay the freight’ or not.”

. . .

[See the “e-ssays” titled A Taxing Explanation (August 22, 2011) and On Uncertainty, Certainment (July 30, 2012).]

[Congress continues to transgression on our civil liberties with another Christmas gift.  http://www.npr.org/blogs/thetwo-way/2012/12/28/168220266/congress-extends-fisa-wiretapping-act-to-2017-awaits-obamas-signatureLast year, Congress gave us the NDAA of 2012.]

Bumper stickers of the week:

Can I pay my MasterCard bill with my Visa?

Can I not pay my MasterCard and my Visa bill?

Dixie Visited (September 17, 2012)

Posted in Civil Rights/Civil Liberties, Civil War, Political Parties, Politics, Race, South, Southern Strategy on September 17, 2012 by e-commentary.org

. . .

H1          “One hundred and fifty years ago today, Northern immigrants battled Southern serfs in Western Maryland.”

H2          “And they could not even agree on the name of the skirmish.  The Northerners named battles after nearby bodies of water and Southerners after nearby towns.  Antietam versus Sharpsburg.”

H1          “Given the outcome, the United States refer to it as Antietam.  They still don’t agree on the name of the Great Campaign.  The War of Northern Aggression or the War of Southern Terrorism.”

H2          “The war was always about slavery not state’s rights in the South.  The stalemate in Miller’s cornfield and on Burnside’s Bridge was enough to cover for Lincoln to expand the endeavor from saving the Union to starting the abolition of slavery in the South and new states in the West.”

H1          “As they always say, tactically inconclusive but strategically significant.”

. . .     

H1          “A person and a society are measured by whether property rights are protected or human rights are cherished.  In the South, property rights were exalted; human rights were actively and systematically violated.”

H2          “Humans want to be free with perhaps some societal restraints to guide behavior, yet humans instinctively desire to colonize property and to enslave others.  True to form, the colonists stole property from the Red man and denied liberty to the Black man.  Civilization emerges when those impulses are restrained by mutual consent.”

H1          “You mean government.  The colonists in America rebelled and obtained independence, yet slavery in many incarnations continued unabated.” 

H2          “The caste system and class condescension continued in the South.  The descendants of the English continued the subtle oppression of the descendants of the Irish and the Scots.  Southern society was an extension of the rigid social and economic hierarchy in the British Isles.”

H1          “Blacks were slaves and three fifths of a human, the most perverse mathematical formula in the history of humankind.  Most Whites in the south were indentured servants, share croppers, peasants and serfs.  Servitude served up along a continuum.  Despite their lower-class status, poor Whites could take comfort in their legal superiority over Blacks.  That was a great palliative and motivator.” 

H2          “From its adoption in 1791, the Bill of Rights rarely protected lower class Whites south of the Mason-Dixon line.  The Thirteenth Amendment changed the laws on the books, but the Hundred Year War of Terror raged in the South from 1865 to 1965.  Passage of the Civil Rights Act of 1965 changed the legal landscape somewhat, although events on the ground changed slowly.”

H1          “Americans have tolerated Made In The U.S.A. terrorism on her soil for over two centuries.  The South ante bellum and post bellum was and perhaps less so today is an aristocracy and oligarchy operated by and for a small elite.” 

H2          “And nothing threatens ignorance like education.  High schools and higher education in the South were reserved for wealthy white males.  By contrast, in the North education is exalted.  At the bequest and behest of Benjamin Franklin and others, the University of Pennsylvania was open to all citizens.”

H1          “Religiosity is provided to supplant free thought and ratiocination.  Religion provides pat answers and precludes probing questions.”  

H2          “The South also reveres the military because of the need to maintain internal discipline by force and fear and to repel threats and challenges to its medieval system.”

H1          “Lincoln and his fellow Republicans sought to maintain the Union over any other goal.  For both strategic and humanitarian motives, he emancipated the slaves in two phases.  His conviction and efforts maintained the Union.  Now the Republicans campaign in the South and exploit anti-African American racism and fears of lawlessness among White voters.”

H2          “If the South had won the rebellion, the United States of America would have fewer stars and perhaps fewer stripes for the departed former colonies on its flag.  The United States of America Sans The South would be a Blue Nation.  Without all the government subsidies from the Blue States to the Red South States, the United States S.T.S. would have a less unbalanced budget.  The South would be a White Mexico today.” 

H1          “Funny how life turns out.  The ‘Southern Strategy’ is an ironic development.  The old Republicans freed the slaves and the new Republicans play on the fear of the freed slaves.  In this election, the Southern Strategy is now the National Strategy.”

H2          “And look at wage rates.  The public relations guys have a clever slogan – the ‘right to work.’  What they should say is the ‘right to work for a pittance.’  Keep them enslaved in subtle ways.”

H1          “Leaves you wondering whether anything really has changed.”

H2          “Demographics are destiny.  Black and Brown are slowly trumping White.” 

H1          “Old times there are not forgotten.”

H2          “Look away.”

. . .

[H1 = Historian 1; H2 = . . . ]

[September 17 is the one year anniversary of the Occupy movement and the four year anniversary to the day (Monday, September 15, 2008) when even those in power had to acknowledge the economic charade and chimera that was on the verge of collapse.]

[See the “e-ssay” titled “The Great National Dissolution: Resolving The Great Civil War (April 18, 2011)“]

Bumper stickers of the week:

Old times there are not forgotten; look away!

Mankind’s Motto:  To Colonize And To Enslave

How many Virginians does it take to change a light bulb?  Five.  One to call an electrician, two to mix drinks, and two to talk about how good the old bulb was.

The Race Is About Race: The (Last) Great White Hope (September 3, 2012)

Posted in Civil Rights/Civil Liberties, Elections, McCain, O'Bama, Political Parties, Politics, Presidency, Race, Romney, Society, Southern Strategy on September 3, 2012 by e-commentary.org

. . .

A          “The election of 2008 was not the dawn of a post-racial America.  In 2008, few knew how to attack an African-Irish-American Presidential candidate without appearing to be racists.  In 2012, America is still torn by racial issues.  Now the attack is focused on race because they are not willing to lose this race this time.  The race is about race.”

B          “So they want us to take back America.  To when?  Prior to 1965 and the Voting Rights Act?  To 1964 and the Civil Rights Act?  To 1956 and Brown v. Board of Education?  To 1868 and the Fourteenth Amendment?  To 1865 and the Thirteenth Amendment?  To 1864 and the Emancipation Proclamation?”

A          “To when Whites ruled.  The message is subtle.  Everyone communicates in code and dog whistles.” 

B          “Forty-five percent of the population responds to fear.  They know how to stoke and marshal fear.”

A          “The Republican Southern Strategy attracts White voters by appealing to racist fears and anxieties.  The Southern Strategy is now the National Strategy.”

B          “This will be the last race that is controlled by White voters.”

. . .

AB          “O’Bama declined public financing of his campaign and spent twice as much as McCain.  Romney may spend twice as much as O’Bama this go round.  Follow the money.”

. . .

Bumper stickers of the week:

“Take back America = Bring back Jim Crow.”

White using green to defeat Black.

“Do you hate him because he is Irish or because he is Black?”  “Both.  Plus he was born in Niger-ia.  Get it.”

Men In Pink: Today’s Sensitive New SWAT Togs (August 20, 2012)

Posted in Civil Rights/Civil Liberties, Crime/Punishment, Pogo Plight, Privacy, Society on August 20, 2012 by e-commentary.org

. . .

C1          “Conventions will soon convene in the fashion capitals of Charlotte and Tampa.  Rather than adorning the security and SWAT teams in Darth Vader storm trooper assault gear, they should sport pink outfits.”

C2          “The same level of personal protection without the swagger.  The attire is part of a negative attitude and a threat to those citizens they . . .  serve and protect.”

C1          “The Darth Vader togs are part of the in-kind payment in lieu of higher wages or more leave.”

C2          “Yet they don’t act any kinder in practice.”

C1          “The black gear does not blend into the landscape.  Look around, we are becoming a society of cops and cameras.  And while you are looking around, some camera is recording your retinal image.”

C2          “And rather than beating their breasts or ours, they can show support for those seeking a cure to breast cancer.”

. . .

C_          “Some of the police types ensconced in black Kevlar carapaces are sympathetic types just trying to get through the day.”

. . .

[C1 = Citizen 1; C2 = . . . ]

[See the “e-ssay” titled Occupy America: The “Bonus March/Chicago Police Riot/Kent State” Of 2011? (October 17, 2011).]

Bumper sticker of the week:

Fight more, smile less

Eu-rope / Mal-rope Again (May 21, 2012)

Posted in Civil Rights/Civil Liberties, Courts, Economics, Europe, Judges, National Defense Authorization Act / FY 2012 on May 21, 2012 by e-commentary.org

. . .

_          In Heaven, the mechanics are German, the police are British, the chefs are French, the lovers are Italian and the entire place is organized and run by the Swiss.

_          In Hell, the police are German, the chefs are British, the mechanics are French, the lovers are Swiss and the entire place is organized and run by the Italians.

_          In Purgatory, the debtors are Portuguese, Irish, Italian, Icelandic, Greek and Spanish (PIIIGS) . . . and the entire place is disorganized and run by the ECB, IMF, FRD and GS.

_          The Swiss are adequate lovers . . . really.  They say that pigs get fed and hogs get slaughtered.  PIIIGS . . . get slaughtered.

_          The Irish do not know what they want in this life and are willing to fight to get it.  The Scots keep the Sabbath . . . and everything else they get their hands on.  The Welsh pray on their knees . . . and on their neighbors.  And the English . . . .

_          The Irish may know what they want in this life and may be willing to demand it.

_          In Europe, the Europeans are restless and restive.

. . .

[On May 16, 2012, Judge Katherine B. Forrest issued a ruling enjoining enforcement of the provisions for indefinite detention of suspects in the National Defense Authorization Act of 2012.  Judge Forrest’s ruling was issued as part of a lawsuit brought by seven plaintiffs that challenges the NDAA as a violation of “their free speech and associational rights guaranteed by the First Amendment as well as due process rights guaranteed by the Fifth Amendment of the United States Constitution.”  http://sdnyblog.com/wp-content/uploads/2012/05/12-Civ.-00331-2012.05.16-Opinion-Granting-PI.pdf.]

Bumper stickers of the week:

Austerity seems, well, . . . austere.

The fundamental rule of Economic Entropy:  What cannot go on forever will not go on forever.

I do want to exercise my constitutional rights after all

Brave 1984 Farm: The Best Of All Possible Worlds (March 19, 2012)

Posted in Civil Rights/Civil Liberties, Consumerism, Facebook, Google, Internet, Military Commissions Act, Move To Amend, National Defense Authorization Act / FY 2012, Occupy Movement, Pogo Plight, Privacy, Society, Solstice, USA PATRIOT Act on March 19, 2012 by e-commentary.org

. . .

C1          “All I really needed to know I learned in junior high school.  Three junior high school standbys provide the road maps delineating our current collision course.  Brave New World chronicles a craven world sated and sotted with diversions and divertissements.”

C2          “Some say the phrase ‘bread and circuses’ captures the contemporary zeitgeist.  But bread will soon cost a lot more bread.  And a day at the circus may cost a month’s wages at the job lost by the breadwinner last May.”

C1          “And 1984 is the ‘how to’ manual for the emerging police state in America.  The USA PATRIOT ACT and the NDAA of 2012 provide the ‘legal’ cover.”

C2          “Some are concerned.  For over a century, the thinking set has struggled with the emerging notion of privacy.  An academic treatment in 1890, a judicial pronouncement in 1965 and a trenchant comment or two today raise real and troubling concerns.  However, without a real debate, discussion, plebiscite or referendum, we surrendered our privacy a few years ago.  It appears to be over.”

C1          “So now we good citizens can watch our favorite gladiators invade another town and vanquish fellow citizens on plasma tv while the government videos us on closed circuit video tv and Google and Facebook monitor us on our home monitors.  We should heed the warning in Animal Farm and the advice in the Old Farmer’s Almanac and make the sojourn back to the farm and the garden.”

C2          “The Occupy Movement and Move To Amend are the Black Swan taking slow flight and moving us off the couch and into the streets.  Six months ago, a few kids looked around and concluded that something is wrong and something must be done.”

. . .

[See the Fresh Air radio program on drones and the threats to privacy at http://www.npr.org/2012/03/12/148293470/drones-over-america-what-can-they-see]

[See the “e-ssay” titled “USA PATRIOT ACT (April 4, 2005)”]

Bumper stickers of the week:

T For Truth; J For Justice

Panem et Circenses

Il faut cultiver notre jardin.  We must cultivate our garden.  Candide, Voltaire

Do something different on the Equinox