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Category Archives: JUSTICE

ANOTHER IGNORANT DAMNACRAT

And those dammed Democrats think they know more than the rest of us.  That they are smarter than we are.  That they know and understand the Constitution better than we do.

BULL CRAP

The Constitution was written by the Founding Fathers for a new country and its CITIZENS.

CITIZENS, not for foreign terrorists or illegal aliens.  Those terrorists currently set to be brought to New York for trial in civil courts. These are enemy combatants, they have no civil rights as applied to citizens and legal, foreign, residents.

CNSNews.com

Rep. Kucinich Says Everyone, Including Osama Bin Laden, Should Get the Same ‘Basic Rights’
Monday, November 23, 2009
By Nick Ballasy


Congressman Dennis Kucinich (D-Ohio)

(CNSNews.com) – When asked whether al Qaeda leader Osama bin Laden should have the right to remain silent and be given a lawyer, Rep. Dennis Kucinich (D-Ohio) told CNSNews.com that everyone who is accused of a crime should have the same “basic rights” afforded by the U.S. Constitution..

On Capitol Hill on Nov. 19, CNSNews.com asked Kucinich, “If and when the U.S. captures Osama Bin Laden, should he have the right to remain silent and be given a lawyer–told he can get a lawyer?”

Kucinich said: “I think that America does best when the values that we want other nations to share that we profess and stand by, and I think that every one who is accused of a crime should have the basic rights that are afforded. I mean, that’s what America’s about.”

“We can’t have one set of rules there and another set of rules there,” said Kucinich. “America is one set of rules. We abide by the Constitution, and I think that Constitution is our protection now and in the future.”

When asked the same question by CNSNews.com on Nov. 19, House Speaker Nancy Pelosi (D-Calif.) said, “Well, let’s see, how many years has it been? Nine, eight years. Let’s worry about capturing Bin Laden and not worry about your, your question.”

During a hearing in the Senate Judiciary Committee on Nov. 18, Sen. Lindsey Graham (R-S.C.) asked Attorney General Eric Holder several questions about how the capture and legal handling of Osama Bin Laden might be handled and warned that, in his opinion, the United States is “making bad history” by trying 9/11 suspect Khalid Sheik Mohammed in a civilian court.

When Graham asked whether the U.S. would try Bin Laden in a civilian court or military commission, Holder said he “didn’t know” and that the U.S. would have to “go through our protocol” before deciding what to do with the Islamic terrorist.

“If we captured bin Laden tomorrow, would he be entitled to Miranda warnings at the moment of capture?” Graham asked Holder. Holder’s response was “that all depends,” and Graham warned that the Obama administration’s new legal policy would confuse the military and the justice system.

“Well, it does not ‘depend,’” the senator said. “The big problem I have is that you’re criminalizing the war, that if we caught bin Laden tomorrow, we’d have mixed theories and we couldn’t turn him over—to the CIA, the FBI or military intelligence—for an interrogation on the battlefield, because now we’re saying that he is the subject to criminal court in the United States.

“And you’re confusing the people fighting this war,” Graham charged. Later, the senator added, “The only point I’m making (is) that if we’re going to use federal court as a disposition for terrorists, you take everything that comes with being in federal court.”

Holder announced last Friday that he had chosen to try Mohammed in federal court in the Southern District of New York, which includes Manhattan, where the attacks on the World Trade Center occurred in 2001.

CNSNews.com

Rep. Kucinich Says Everyone, Including Osama Bin Laden, Should Get the Same ‘Basic Rights’
Monday, November 23, 2009
By Nick Ballasy


Congressman Dennis Kucinich (D-Ohio)

(CNSNews.com) – When asked whether al Qaeda leader Osama bin Laden should have the right to remain silent and be given a lawyer, Rep. Dennis Kucinich (D-Ohio) told CNSNews.com that everyone who is accused of a crime should have the same “basic rights” afforded by the U.S. Constitution..

On Capitol Hill on Nov. 19, CNSNews.com asked Kucinich, “If and when the U.S. captures Osama Bin Laden, should he have the right to remain silent and be given a lawyer–told he can get a lawyer?”

Kucinich said: “I think that America does best when the values that we want other nations to share that we profess and stand by, and I think that every one who is accused of a crime should have the basic rights that are afforded. I mean, that’s what America’s about.”

“We can’t have one set of rules there and another set of rules there,” said Kucinich. “America is one set of rules. We abide by the Constitution, and I think that Constitution is our protection now and in the future.”

When asked the same question by CNSNews.com on Nov. 19, House Speaker Nancy Pelosi (D-Calif.) said, “Well, let’s see, how many years has it been? Nine, eight years. Let’s worry about capturing Bin Laden and not worry about your, your question.”

During a hearing in the Senate Judiciary Committee on Nov. 18, Sen. Lindsey Graham (R-S.C.) asked Attorney General Eric Holder several questions about how the capture and legal handling

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The resignation of avowed communist Van Jones has plenty of people feeling that the future of the country is a bit safer. And it is an interesting “coincidence” that the attendees of the Cincinnati Tea Party demanded his resignation on Saturday, and then it was announced on Sunday.

The newest threat to the free market system and to life, liberty and the pursuit of happiness, according to many conservatives is the appointment of Cass Sunstein as the regulatory czar. LaTimes.com describes him as “left of center, ” and Forbs.com has reported that he is as a, “progressive. ” Some of his academic writings apparently favor animal rights above human rights to the point of arguing the defense of animal rights over human rights in a court of law.

He’s not known for being a supporter of the second amendment, which is the right to keep and bear arms, and that disturbs ranchers who want to protect their cattle, those who are interested to have a gun on hand to protect their family, and those who are hunters.

Forbes.com has also stated that, Sunstein has “spent years delving into the obscure issues of regulatory law and behavioral economics,” which is a deep concern for conservatives who are supporters of the free market system, and the fact that he has, “embraced a controversial ‘senior death discount’ ” is of great concern to those who are pro life. Somehow, the words ‘senior death discount’ sounds an awful lot like the death panels in the healthcare bill.

Interestingly, TheHill.com reported on Wednesday that Representative Patrick McHenry (R-N.C.), “called for President Obama’s ‘czars,’ or appointed high-level advisers, to testify before Congress about their ‘authority and responsibilities’ in the executive branch.”

The question of the legitimacy of their authority is a good one. Especially since Article II section 2 of the Constitution states that, “…he (the President) shall nominate, and  by and with the Advice and consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law” (emphasis added). In other words, the czars need to be confirmed by the Senate. And if the Senate doesn’t confirm them, they have no business standing in the positions to which they have been appointed.

To make matters even more interesting, there is a bill named HR 3226, also known as the “Czar Accountability Act of 2009.”  This particular bill states that, “appropriated funds may not be used to pay for any salaries or expenses of any task force, council, or similar office which is established by or at the direction of the President and headed by an individual who has been inappropriately appointed to such position…without the advice and consent of the Senate.”  The bill was introduced in the House on July 15, 2009 by Rep. Jack Kingston and is being supported by many in the House. It would be in the best interest of “We the People” to demand that it be made into a law.

Similar Articles:

Tea Party attendees demand Van Jones resignation, and it happens
Socialism in America is unconstitutional
Congressman says Obama has potential to ‘make himself a dictator’
Senate’s fiscal irresponsibility is scaring the UN
Former communist turned Christian organizes interdenominational group in Prayer for Nation

Websites of possible interest:

http://www.govtrack.us/congress/bill.xpd?bill=h111-3226 (HR 3226: Czar Accountability & Reform)
cincinnatiteaparty.org/
teaparty.org/

An Empathetic Judge is Unconstitutional

Posted: 10 May 2009 05:16 PM PDT


Justice is not supposed to be “empathetic” as President Obama has said, Just ice is supposed to be blind. The law should be viewed objectively. That is the idea behind the United States Supreme Court motto “Equal Justice Under Law.”These words,written above the main entrance to the Supreme  Court Building, express the ultimate responsibility of the Supreme Court of the United States. It is also symbolized by the blindfolded statue of Lady Justice which is the symbol of the US judiciary.

Each federal justice or judge takes the following oath or affirmation before performing the duties of his office:

“I, XXX XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as XXX under the Constitution and laws of the United States. So help me God.”

President Obama’s search for an empathetic judge runs counter to 233 years of American Tradition and the US Constitution:

Lady Justice’s blindfold

By Jeff Jacoby,

JUDICIAL dispassion – the ability to decide cases without being influenced by personal feelings or political preferences – is indispensable to the rule of law. So indispensable, in fact, that the one-sentence judicial oath required of every federal judge and justice contains no fewer than three expressions of it: “I . . . do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me . . . under the Constitution and laws of the United States, so help me God.”

There are biblical echoes in the wording of that oath – a reminder that the judge’s obligation to decide cases on the basis of fact and law, without regard to the litigants’ wealth or fame or social status, is a venerable moral principle.

“You shall not show partiality in judgment; you shall hear the small and the great alike,” says Moses in Deuteronomy, instructing the Israelite judges. “You shall not distort justice; you shall not respect persons, and you shall not take a bribe.”

Elsewhere they are reminded that it is not only the rich they are forbidden to favor. “Neither shall you be partial to a poor man in his dispute,” Exodus firmly warns. Judges may not bend the law, not even to help the underprivileged.

Without judicial restraint there is no rule of law. We live under “a government of laws and not of men” only so long as judges stick to neutrally resolving the disputes before them, applying the law, and upholding the Constitution even when doing so leads to results they personally dislike. That is why the judicial oath is so adamant about impartiality. That is why Lady Justice is so frequently depicted – as on the sculpted lampposts outside the US Supreme Court – wearing a blindfold and carrying balanced scales.

And that is why President Obama’s “empathy” standard is so disturbing, and has generated so much comment.

Time and again, Obama has called for judges who do not put their private political views aside when deciding cases. In choosing a replacement for Justice David Souter, the president says, he will seek not just “excellence and integrity,” but a justice whose “quality of empathy, of understanding and identifying with people’s hopes and struggles,” would be “an essential ingredient” in his jurisprudence. In an interview last year, he said he would look for judges “sympathetic” to those “on the outside, those who are vulnerable, those who are powerless.”

When he voted against the confirmation of Chief Justice John Roberts in 2005, Obama declared that the “truly difficult” cases that come before the Supreme Court can be decided only with reference to “the depth and breadth of one’s empathy,” and that “the critical ingredient is supplied by what is in the judge’s heart.”

But such cardiac justice is precisely what judges “do solemnly swear” to renounce. Sympathy for others is an admirable virtue. But a judge’s private commiserations are not relevant to the law he is expected to apply.

If Obama means what he says, he wants judges who will violate their oath of office.

“We need somebody who’s got the heart – the empathy – to recognize what it’s like to be a young teenage mom,” he told a Planned Parenthood conference in 2007. “The empathy to understand what it’s like to be poor or African-American or gay or disabled or old. And that’s the criteria by which I’m going to be selecting my judges.”

With such criteria, what would remain of the rule of law? What would happen to “Equal Justice Under Law,” which is carved above the Supreme Court’s entrance? What would be left of the 14th Amendment’s guarantee of “equal protection of the laws” to every citizen?

Lady Justice wears a blindfold not because she has no empathy for certain litigants or groups of people, but because there is no role for such empathy in a courtroom.

“Our constitution is color-blind,” wrote Supreme Court Justice John Marshall Harlan, in his great dissent in Plessy v. Ferguson, “and neither knows nor tolerates classes among citizens.” Harlan had supported slavery; he believed whites were superior to nonwhites. He had his empathies, but he confined his judging to the law.

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