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constitution

The corporate state, in our case, has used the law to quietly abolish the Fourth and Fifth amendments of the Constitution, which were established to protect us from unwarranted intrusion by the government into our private lives. The loss of judicial and political representation and protection, part of the corporate coup d’état, means that we have no voice and no legal protection from the abuses of power. The recent ruling supporting the National Security Agency’s spying, handed down by U.S. District Judge William H. Pauley III, is part of a very long and shameful list of judicial decisions that have repeatedly sacrificed our most cherished constitutional rights on the altar of national security since the attacks of 9/11. The courts and legislative bodies of the corporate state now routinely invert our most basic rights to justify corporate pillage and repression. They declare that massive and secret campaign donations—a form of legalized bribery—are protected speech under the First Amendment. They define corporate lobbying—under which corporations lavish funds on elected officials and write our legislation—as the people’s right to petition the government. And we can, according to new laws and legislation, be tortured or assassinated or locked up indefinitely by the military, be denied due process and be spied upon without warrants. Obsequious courtiers posing as journalists dutifully sanctify state power and amplify its falsehoods—MSNBC does this as slavishly as Fox News—while also filling our heads with the inanity of celebrity gossip and trivia. Our culture wars, which allow politicians and pundits to hyperventilate over nonsubstantive issues, mask a political system that has ceased to function. History, art, philosophy, intellectual inquiry, our past social and individual struggles for justice, the very world of ideas and culture, along with an understanding of what it means to live and participate in a functioning democracy, are thrust into black holes of forgetfulness. Chris Hedges

The Roman Republic was the the longest lasting republic in world history, surviving for approximately 450 years. While the United States has not even been a nation for that long, the U.S. Constitution is nevertheless the oldest constitution still practiced in the world today. The founding fathers studied past political experiments to find the strongest political system, and the Histories of Polybius was a major work that influenced both their thoughts and the founding of the nation that I live in today. It goes to show just how intellectually rigorous and influential some ancient historical works have been. Historians it turns out not only write about past events, but also shape our future. Polybius, Political Science, and the United States Constitution

Americans must ask: Is it prudent to retain a constitutionally guaranteed right to bear arms when it compels our judges to strike down reasonable, popularly supported gun regulations? Is it moral to inhibit in this way the power of the country’s elected representatives to provide for the public safety? Does the threat of tyranny, a legitimate 18th-century concern but an increasingly remote, fanciful possibility in the contemporary United States, trump the grisly, daily reality of gun violence? The answer to each of these questions is no. It is time to face reality. If the American people are to confront this scourge in any meaningful way, then they must change. The Constitution must change. The American people should repeal the Second Amendment. America Magazine: Repeal the Second Amendment

To begin with, it is a fool’s errand to believe that we can ascertain the intentions of the Founders on a huge raft of contemporary issues which – like radar itself, would have been completely off their screens in the pre-industrial, let alone pre-post-industrial, agrarian society in which they lived. Even the Founders themselves – the very people who wrote the document in question – began debating about what the Constitution permits immediately after ratification, notably the 1790 row between Hamilton and Madison over whether a federal bank was permitted. That particular debate – between two key authors of the Constitution a mere one year after it was ratified – suggests a second problem with the notion of constitutionalism as the foundational mechanism for policy-making. Namely, that the document is written in vague enough language in many places so as to permit multiple interpretations on given questions, each sometimes equally valid. Not for nothing, for example, is one of the key provisions of the document referred to as the “elastic clause”. The Constitution Is Just Parchment, Get Over It

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Cell phones are tracking devices that make phone calls. It’s sad, but it’s true. Which means software solutions don’t always matter. You can have a secure set of tools on your phone, but it doesn’t change the fact that your phone tracks everywhere you go. And the police can potentially push updates onto your phone that backdoor it and allow it to be turned into a microphone remotely, and do other stuff like that. The police can identify everybody at a protest by bringing in a device called an IMSI catcher. It’s a fake cell phone tower that can be built for 1500 bucks. And once nearby, everybody’s cell phones will automatically jump onto the tower, and if the phone’s unique identifier is exposed, all the police have to do is go to the phone company and ask for their information. Jacob Appelbaum

It’s not the free and open democratic society that aspires to eliminate risk; it’s the police state. The police state does not succeed. I spent four years in the Soviet Union and, occasionally, there were incidents of political violence: we didn’t hear about most of them. But they occurred here and there, and if there had been a real movement in that country that wanted to use political violence, I don’t think it would have been possible for the KGB secret police to prevent all incidents at 100 percent. You just can’t do it. In a modern society, particularly where people are mobile, where people have vehicles that they can load up with explosives, or people go to public areas and are willing to wear explosive vests and blow themselves up, it’s impossible to reduce risk to zero. So, the question is: “How much risk are you willing to tolerate to have a free society?” That’s not a calculation that’s really mathematical. It’s psychological. It’s really hard to come to a clear conclusion about it, because as individuals, or even as a society, you have less power over this than you may imagine you do. David Shipler

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Losing Our Civic Religion: A Conversation With David Shipler

  • Matthew Harwood: What was the most disturbing or enraging story you wrote about in the book?
  • David Shipler: There are two. One is the basic situation of personal frisks and car searches in these poor black neighborhoods. That was disturbing on two sides. One, that it was permissible and, two, that the residents acquiesced. Our Constitution exists not only because there is case law, but also because of individual citizens observing it and believing in it and fighting for it. So, when you have a whole group of citizens in neighborhoods that no longer fight for their constitutional rights, the rights go away. They exist only when they're exercised.
  • The second one was Brandon Mayfield for two basic reasons. One was the use of surreptitious searches that ultimately couldn't be challenged, the sneak-and-peek break-ins to his house; the collection of DNA evidence, cigarette buts; copying the hard drives on three computers and one external drive; planting bugs in his house and his law office, violating attorney-client privilege.
  • And the second part of that was the intellectual dishonesty of the FBI. Because what they did, and I think this has implications for a lot of other investigations, is they took particular facts that they had discovered in his house through the FISA [Foreign Intelligence Surveillance Act] warrant and arranged them in an incriminating fashion to make it appear as if he were involved in the Madrid train bombing. They took a faulty fingerprint match and used it as a pivot around which they spun a whole theory of the crime. We know this, by the way, only because he sued and pried documents out of the FBI. Most of these investigations we don't know about. We don't know the details. But in this case, we know because he got these documents.
  • To me there were so many intellectual failures in the FBI investigation, beginning with the lab, that it really does create a certain terrifying concern for citizens. These people are pros, so they should be professionally trained to keep open minds the whole way through and not discount exculpatory evidence and not arrange evidence in a way that supports their theory of the case. There were a couple of mistakes that no good scientist would ever make doing a clinical trial. One was that there was context bias. The examiners knew what the case was about. So when they got the print from Interpol, they ran it through their computerized system and it spit out ten to twenty possible matches; they came in on a weekend and they knew that this was the case, the Madrid bombing. They had to solve it. That was the first problem. They shouldn't have been told what the case was because that heightens the sense of urgency to find the match even where it might not exist.
  • Secondly, all the examiners knew what all the others had concluded. So, their first examiner, who was very experienced, concluded that this was a match [of Mayfield]. And the next examiner, who was supposed to exercise independent judgment, already knew what the first one had concluded. This was hardly a double-blind study.

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