Showing posts with label Constitutional law. Show all posts
Showing posts with label Constitutional law. Show all posts

Wednesday, February 22, 2017

Thomas Jefferson, Donald Trump and the Dangerous Path of the Republican Party

by Nomad


Founding father Thomas Jefferson would probably not be surprised by the rise of Donald Trump and the decline of the Republican party. A few of his quotes remind us that Jefferson understood very well why governments fail their people. He also warned what happens when ruling parties ignore the warning signs.



Wolves over Sheep

Like all of the founders of the United States, Thomas Jefferson was anti-royalist and had a strong dislike of all forms of despotism. He devoted much thought (and a tankerful of ink) on the subject.
The principal author of the Declaration of Independence considered monarchies and aristocracies to be governments of force, rather than the rule by consent, deeming them to be "a government of wolves over sheep."

Corrupt rulers- whether they are elected or assume power by undemocratic methods- never stopped innovating new and devious means of enriching themselves at the public expense. They are the curse for anybody who values their liberty and who despises criminal mismanagement. It has been the blight of humanity since the first governments were created.

With the establishment of the new American nation, those flaws of government would be amended.  First, to prevent the rise of a despot, there would have to be some basic ground rules. 
As Jefferson wrote to Lafayette in 1816:
"[To establish republican government, it is necessary to] effect a constitution in which the will of the nation shall have an organized control over the actions of its government, and its citizens a regular protection against its oppressions."
In an enlightened age, government must be thought of as public trust and politicians, employees in the service of a nation.  In this capacity, a president must expect to be under constant scrutiny by the press, he or she must expect to be fairly criticized by opposing parties. He or she can no longer expect to conduct financial arrangements in secrecy.
(In President Clinton's case, even a sexual dalliance between two adults was considered fair game for congressional investigations.)

Thursday, October 8, 2015

Recording the Police: When Your Constitutional Protections Mean Nothing

by Nomad

US constitution RightsYou may not know this but you really do have a constitutionally-protected right that is routinely ignored by law enforcement. And worse than that, there's not a lot you can do about it.


Civil liberties attorneys will tell you straight up that you have a right to photograph and videotape any public official doing their jobs when plainly visible in public spaces. And yes, that includes on-duty police officers. 

The Interference Limitation
The American Civil Liberties Union (ACLU) adds that it is perfectly legal and that right includes recording the "outside of federal buildings, as well as transportation facilities, and police and other government officials carrying out their duties."

Delroy Burton, chairman of D.C.’s Metropolitan Police Union and a 21-year veteran on the force joins that chorus:
As a basic principle, we can’t tell you to stop recording. If you’re standing across the street videotaping, and I’m in a public place, carrying out my public functions, [then] I’m subject to recording, and there’s nothing legally the police officer can do to stop you from recording.”
There are some important limitations, of course.
In the course of recording, you do not have the right to put your life or the lives of others in danger. You cannot break the law in order to record, such as trespassing or disturbing a crime scene. You should not interfere with officers attempting to keep the peace in, for example, a riot or civil disturbance.  

The recording should be done in a transparent manner, and not in a surreptitious or covert way. If you record public servants without their knowledge, you could be accused of - get this- eavesdropping. Privacy laws protect the police too.

As Burton puts it succinctly "Record from a distance, stay out of the scene." As long as you are not directly involved, nothing more than a citizen witness, the police have no right to tell you to stop recording.
That's the theory, anyway.