Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Tuesday, April 29, 2025

Much Ado About Due Process

 


Much Ado About Due Process

by C. A. Matthews

The term due process has been in the news lately, but what does the US Constitution say about due process? According to Wikipedia:

The Fifth Amendment's Due Process Clause ensures that no person can be deprived of life, liberty, or property without fair legal procedures. It protects individuals from arbitrary government actions and guarantees certain legal rights in both criminal and civil cases.

A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the US Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law.

So, what does due process mean in the legal sense? According to Wikipedia:

Procedural due process requires government officials to follow fair procedures before depriving a person of life, liberty, or property. When the government seeks to deprive a person of one of those interests, procedural due process requires the government to afford the person, at minimum, notice, an opportunity to be heard, and a decision made by a neutral decision maker.

This protection extends to all government proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials.

So, who is entitled to the right of due process—the right to have the opportunity to defend oneself when one is accused of a crime or misdemeanor by the government? The Constitution says a person is entitled to the right of due process. It’s not for citizens alone, in other words.

Who exactly is a “person” has been argued and decided before the Supreme Court in the past. The US Constitution once stated that an enslaved person of African ancestry was only “3/5 of a person” for population census purposes, and therefore, he or she was not a person, but we’ve moved past that (hopefully). The current take is that every person currently within the borders of the US, whether they’re a citizen, a permanent resident (green card holder), living here under a temporary status (TPS, DACA, etc.), a tourist, or an undocumented person (without status) is entitled to due process.

No exceptions.

 

To learn more about the importance of the Due Process Clause for both US citizens and non-citizens alike, continue reading the rest of this article. Copy or click on this Substack link: 

https://therevolutioncontinues.substack.com

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This article is the 517th blog posting of The Revolution Continues. We began in June 2015, and we're still going strong. Please keep reading, sharing, and subscribing to help TRC continue for another ten years. 

You can make a donation at https://paypal.me/camatthews or at Buy Me a Coffee or at Ko-fi. Every little bit helps since this is my only source of income. Thank you.

 

Tuesday, October 29, 2024

The Founders Would Be Proud

 

The Founders Would Be Proud

by C.A. Matthews

It’s not every day that I say something like this, so please take note.

The Founders (a.k.a. "The Founding Fathers of the United States of America") had a good idea when it came to making a permanent separation between church and state. It may have been one of only a handful of good ideas they ever had, being handicapped with their white, wealthy, Eurocentric, males-only, slavery-is-good-for-business worldview. But it is impressive that they foresaw a day when the need to be a strictly secular state (government) would be to their—and consequently our—benefit. So, for this insight I heartily thank them.

I do believe there were “Founding Mothers and Others-of-the-Non-White-Male Variety” as well, but in this case, we're sticking with the "Fathers" who wrote our founding documents. I was reminded of their wisdom concerning church/state separation when Dr. Jill Stein gave one of the most brilliant rebuttals of all time at the recent Free and Equal Debate.

The Constitution Party candidate, Randall Terry, had just given the most sick and twisted rant imaginable. I don’t know much about the Constitution Party, but if this is their pick for president, I really don’t want to know anything more about them. Terry’s diatribe went along the lines that Americans should believe as he does (seemingly he’s an ultra-conservative, Zionist “Christian”) and that those of the Muslim faith are dangerous terrorists and deserve to be killed in Gaza (and elsewhere). He actually sounded like he would start another Crusade if he ever got into the White House. His verbal vomit of sheer naked bigotry sent shivers down my spine.

Dr. Stein’s reply to Terry’s steaming pile of Islamophobia was eloquent and to the point. Watch a clip on X/Twitter or on You Tube:

https://twitter.com/peopleforstein/status/1849264793011818948 or

https://twitter.com/TeamJillStein/status/1849906420340408804

https://www.youtube.com/live/HLCplaowzy8?si=AKHM8u9vnCWE1v5U

Randall Terry’s rant and Jill Stein’s rebuttal starts at approx. 1:20 and goes to about 1:24.

To find out what else would make the Founders proud...

Please read the rest of this article by clicking on this link to go to our Substack page: https://therevolutioncontinues.substack.com  There you'll also see related article and video links, all the images, and be able to leave comments. You can subscribe to receive the weekly blog post in your email box as well. 

Subscribe today! Power to the people!

Tuesday, June 14, 2022

Welcome To The Fascist State Of America

 

Liberals are fascistic tyrants and conservatives are whiny little bitches who run around looking for excuses to get offended. -- Caitlin Johnstone, Study US Foreign Policy By Looking At Oil Reserves


Happy Seventh Anniversary, TRC! It's been seven years since this blog began with a handful of enthusiastic Bernie Sanders supporters. Who knew it would last this long? Not us! Of course, there's been some changes over the past seven years, starting first with a name change in mid-2016 after Bernie dropped out of the race and backed *cough* Hillary. 

We never looked back after that. In fact, we continued to grow, discover, explore, and learn more about neoliberalism, capitalism, and then socialism. It's called just socialism or eco-socialism by us, as the term "democratic socialism" makes it sound as if we're acolytes of the poorly-named party of the duopoly who wouldn't know what democracy was even if it hit them over the head repeatedly. After Bernie's screw over by the DNC, we've never considered returning to either of the corrupt establishment's factions. 

We're loud, we're proud, and we're proudly independent and pro-third party. And this week, we're taking a look at how (once again) our government tramples human rights and expects us to shut up and take it lying down. As if!

Welcome to the Fascist State of America
by C.A. Matthews


You live within 100 miles of Canada, Mexico, a coastline, or an international airport. There is no knock on the door. CBP or Border Patrol agents come bursting into your home without warning, without a warrant, and without fear that they'll ever be held accountable for damages or violating your rights in a court of law. They ransack your domicile and take what they will and you can't stop them--they're within their rights. 

Welcome to America 2022.

Why does Homeland Security believe the US "border" is 100 miles wide? Why does it believe that an international airport in the middle of the country is also "on the border" and so 100 miles around it is also the Border Patrol's domain? Why indeed.

Dr. Reece Jones, author of White Borders (2021) and Nobody Is Protected (2022) tells us more about how this concept of the US border zone came about:

"Preserve Racial Types As It Exists Here Today."   (Yes, our immigration laws are inherently racist. This bill was passed less than 100 years ago and remains on the books. Do you feel better or worse about the US as a "democracy" now?)

The Border Patrol was established two days after the eugenics-derived national origins quotas in the 1924 Johnson-Reed Immigration Act was signed, in order to enforce the new restrictions. The original authorization for the Border Patrol was meant to keep the agents at the border line itself. Senator David Reed explained: "They have no right to go into the interior city and pick up aliens on the street and arrest them."

Nevertheless, the agents did go into the interior. In 1930 Treasury Undersecretary Ogden Mills proposed a new law to stop it. "You will not have a Border Patrol operating 20 miles inside the United States. You will have a border patrol where it belongs, and that is on the border."

Mills' and other efforts to rein in the Border Patrol failed in the 1930s. In 1946, Congress revised the Border Patrol's authorization and clarified (kind of) how far inside the US they could go: “within a reasonable distance from any external boundary of the United States.” At the time, the Border Patrol was part of the Department of Justice. In July 1947, the DOJ released a routine update to its policies in the Federal Register. In tiny print on page 5071, they defined the term reasonable distance.

Without public comment or consultation, the Department of Justice defined the reasonable distance for the Border Patrol as “a distance not exceeding 100 air miles from any external boundary of the United States.” Since 1947, the reasonable distance has remained unchanged at 100 miles from borders and coastlines. If DHS Secretary Mayorkas wanted to change it, he could do so immediately himself.

This 100 mile "border" includes about two-thirds of the population. That's about 200 million Americans. Our largest cities, largest ports, and airports are included in this zone CBP can "police" within its confines. They don't have show a warrant to search or arrest you like your local cops. Why can't Americans protect themselves from a government agency with seemingly infinite powers?

According to the American Civil Liberties Union (ACLU):

The Fourth Amendment of the U.S. Constitution protects Americans from random and arbitrary stops and searches. According to the government, however, these basic constitutional principles do not apply fully at our borders. For example, at border crossings (also called "ports of entry"), federal authorities do not need a warrant or even suspicion of wrongdoing to justify conducting what courts have called a "routine search," such as searching luggage or a vehicle. 

Even in places far removed from the border, deep into the interior of the country, immigration officials enjoy broad—though not limitless—powers. Specifically, federal regulations give U.S. Customs and Border Protection (CBP) authority to operate within 100 miles of any U.S. "external boundary." The regulations establishing the 100-mile border zone were adopted by the U.S. Department of Justice—without any public comments or debate. At the time, there were fewer than 1,100 Border Patrol agents nationwide; today, there are over 21,000. 

That's 21,000 federal cops free to use their "broad powers" to search, harass, and arrest citizens and non-citizens alike. Who keeps these modern-day "American Brown Shirts" in check? Anyone?

"The Constitution-Free Zone of the United States"

ACLU ominously states:

The Border Patrol often ignores this (100 mile zone) regulation and, aside from limiting interior checkpoint locations to within the 100-mile zone, rejects any geographic limitation on agents' authority. At least two federal circuit courts condone Border Patrol operations outside the 100-mile zone, federal regulations and Supreme Court precedent notwithstanding.

Federal border agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing, and often in ways that our Constitution does not permit.  For example, Border Patrol, according to news reports, operates approximately 170 interior checkpoints throughout the country (the actual number in operation at any given time is not publicly known). The ACLU believes that these checkpoints amount to dragnet, suspicionless stops that cannot be reconciled with Fourth Amendment protections. 

The spread of border-related powers inland is inseparable from the broader expansion of government intrusion in the lives of ordinary Americans. For example, CBP claims the authority to conduct suspicionless searches of travelers' electronic devices—such as laptops and cell phones—at ports of entry, including international arrivals at airports. These searches are particularly invasive as a result of the wealth of personal information stored on such devices.

Americans do not have the right to privacy. Border Patrol agents are free to search your personal information. They can confiscate your computer, cell phone, or other electronic devices to look even deeper for juicy tidbits on you or others. You'd better delete those embarrassing personal photos and text messages now--and I mean now.

Seeing the maps and digesting these facts are sobering. Americans might have thought we lived in a democracy--a flawed one, but at least it had its heart in the right place. But think again: the Border Patrol can enter your home, your vehicle, your business and take whatever items it deems "necessary" for their investigation and arrest you without a warrant. The federal courts will back them up as did the Supreme Court in its recent ruling.  

Is the US a democracy? (Was it ever? Ask a person of color.)

Do you feel safe? (I know I sure as hell don't.) 

What can we do about it? Learning more about the powers Customs and Border Protection wields and what legal recourse(s) we may or may not have to prevent them from continuing their fascistic behavior is a good start. Also, not cooperating with the Border Patrol is an action we all can take. We need to emphasize the point to our oligarch leadership that we are not prisoners in a "border zone" without human rights. We need to stand up and demand the protections listed in the Bill of Rights, rights that apply to citizens and non-citizens alike.

Welcome to the fascist state of America in the year 2022. It's not exactly what the founders envisioned in 1776. Perhaps it's time for us to do like they did and start a Revolution.


Related Articles:

Supreme Court Refuses to Allow Bivens Claims Under First Amendment and Against Border Patrol Agents  https://www.abajournal.com/web/article/supreme-court-refuses-to-allow-bivens-claims-under-first-amendment-and-against-border-patrol-agents

A Border Patrol Agent Assaulted a Citizen in His Own Home. The Supreme Court's Ruling Lets the Agent Off  https://immigrationimpact.com/2022/06/10/border-patrol-assaulted-citizen-supreme-court-ruling/

ACLU: The Constitution in the 100-Mile Border Zone https://www.aclu.org/other/constitution-100-mile-border-zone 

ICE Now Holds 25,000 People In Detention, Monitors 266,000 Using Electronic Monitoring Technology   https://austinkocher.substack.com/p/ice-now-holds-25000-people-in-detention?s=r 

We Don't Need More Evidence That Police Can't Be Trusted. We Need Real Safety  https://truthout.org/articles/we-dont-need-more-evidence-that-police-cant-be-trusted-we-need-real-safety/

The Uvalde Massacre Has Exposed the Lies That Once Justified Police Militarization https://www.rsn.org/001/the-uvalde-massacre-has-exposed-the-lies-that-once-justified-police-militarization.html 

Mother of Buffalo Shooting Victims Says This Is Exactly Who We Are https://scheerpost.com/2022/06/09/mother-of-buffalo-shooting-victim-says-this-is-exactly-who-we-are/

Study US Foreign Policy By Looking At Oil Reserves https://caitlinjohnstone.substack.com/p/study-us-foreign-policy-by-looking?s=r

Democratic Leaders Call For a Stronger Republican Party. Why? https://www.directleft.com/p/democratic-leaders-call-for-a-stronger?s=r 

Nobody Is Protected: How the Border Patrol Became the Most Dangerous Police Force in the United States (Book)  https://www.counterpointpress.com/dd-product/nobody-is-protected/


Seen on Twitter: 

***

In a near-future dystopian world, hope blossoms where mutual aid and democracy begins...

Zonta’s world is turned upside down when Jake arrives at the commune to investigate the disappearance of agents of the Authority. Can she persuade him to switch sides before the Protectors (antifascist fighters) take action?

Available now from Extasy Books: https://www.extasybooks.com/Where-the-Bodies-Lie 

Please buy direct from the small publisher and not via Amazon. Why? Amazon takes a huge percentage of the book's price and leaves very little for the publisher and author to share. Thanks.

 

Tuesday, February 4, 2020

What Did You Expect?

Our guest blogger asks the obvious question after the fiasco in DC this past week. No, it's not, "What happened?" or even "What now?" but it's a great question. See if you don't agree with Redd's question and answer.
What Did You Expect?
By Redd Phlagg

The amount of whining and groaning emanating from social media platforms this past week has been beyond measure.  Even when I stick my fingers in my ears and hum loudly I can still hear: “We need witnesses! Why aren’t they allowing witnesses to be called? You can’t have a trial without evidence or witnesses, can you?”

And the worse moan of all: “I thought we were going to get rid of Trump. I believed this impeachment stuff was really going to work. Checks and balances, right? Why doesn’t the system work the way it’s supposed to?”


Taking my fingers out of my ears, I will now reply to your cries of bewilderment. My dear children, the system is working the way it’s supposed to. It has protected one of its own—a rich, white, cisgender male who owns lots of property. The system was created to protect these individuals and not the community as a whole.  


The system is working perfectly as it was designed because it’s fooled you into thinking it was “fair” and “balanced” all along. Am I right? If it were a system of fairness and balance, then ten years ago we wouldn’t have had the Citizens United ruling that states in effect, “Money is speech,” because that would mean the poor have no voice whatsoever in the affairs of our governance, and a “fair” system wouldn’t allow that sort of thing to happen. But it did, and it still does.

 
We are a nation of property laws. Property owners have rights. The more property you own, the more rights you have to use and abuse it as you see fit. The more money you have, the more influence you have on those who make and defend the property laws. Thus, you can mold and bend the law to work in the way that’s in your best interests. 

What does the Trump trial in the Senate have to do with property and wealth? Everything! Those senators didn’t get elected without a lot of money to campaign on, most of which came from Super PACs and billionaire donors. Most of those billionaires inherited their wealth from their family’s property or business and then used that seed money to buy even more property/natural resources and businesses to become even wealthier and more powerful. 


After all, if  “Money is speech” then billionaires have the most powerful speech on earth. These billionaires (and their boot-licking supporters) want to keep things the way they are so they can continue to prosper financially and have things their way. To allow the system to become “fair” overnight in order to punish a wrong-doer such as Trump would mean they could be next. And they can’t have that.


We poor folks might actually expect a “fair system” of government to hold billionaires hiding behind corporation logos accountable for not telling us about the climate warming potential of burning fossil fuels or the radioactivity caused by drilling and fracking for oil and gas. We poor folks might tell these “citizens with rights” that it’s their responsibility to clean up their messes and stop polluting our lakes and rivers with animal factory effluence and chemicals because we drink the water and we live here. 

But we can’t tell them that—we’re speechless without vast sums of money, remember? And it wouldn’t matter much if we could speak anyway. The current system of laws tells property-owners they don’t have to listen to us whiny poor folks. We can’t threaten their right to use and abuse their “property” such as our lakes, rivers and streams as they wish unless we want to be thrown into jail—which essentially what Ohio House Bill 33 and similar laws in nineteen other states say. It says that by protesting “infrastructure” (as defined by the property-owners and our property laws) we can be deemed “terrorists” and thrown into jail for a very long time. 

If laws like HB33 don’t shut down the speechless, this will: the federal Environmental Protection Agency loosened its laws recently that protected our waterways in order to help the property owners to use and abuse their property. Face it, everything belongs to the billionaires because they say so. Their puppets in the White House, courts, and statehouses do as they’re told with no questions asked because they’re salivating at the chance to own a piece of that property alongside their billionaire friends.


We have the right to sit in silence and take it up the backside if we agree to continue living under this system. We have the right to sit and moan about how “unfair” it is for our elected representatives to not allow a trial to go forward in the Senate against a corrupt president. But there’s one thing we don’t have the right to, and that is, we don't have the right to act ignorant that this was going to be the outcome all along.


What did you expect? A democracy? Wake up, America! You’ve never lived in one!


A democracy is where everyone’s rights are equal—the rich, the poor, the black, the white, the male, the female, the gay, the straight, the young, the old… Under our current laws and system of government, billionaire property owners are definitely “more equal” than either you or me.

As long as the corrupt duopolists remain in power, we will have more of the same. It’s why both establishment parties keep protecting the system at all costs and won’t allow any third parties to have a say so in it because—heaven forbid!--these independent-minded people might just want to institute democratic reforms, such as ranked choice voting.

But now is not the time to sit and moan—now is the time for all good people to come to the aid of their fellow countrypersons, to save the planet from the impending climate emergency, and to stop wishing for a different or “fair” outcome from the same corrupt system. 

Doing the same things over and over again and expecting a different outcome… You do realize that’s the definition of insanity, don’t you? 


Act sane. Act differently. Think outside the box. Create a better world.


BIO: Redd Phlagg's crystal ball predicts the future. No one believed Redd's prognostication that Trump would serve out the full length of his term outside of a prison cell, but once again Redd has been proven right. It's tough being right all the time says Redd, especially when it comes to how the corrupt system will reward people like Trump and his cronies, but there you go. When you vote for the lesser of two evils, evil always wins.

Related articles:

Corporations Would Literally Kill You To Turn a Profit
https://jacobinmag.com/2020/01/corporations-profit-values-murder-culture-boeing

The United States is a Nation Under Minority Rule, a Perversion of Democracy
https://mavenroundtable.io/theintellectualist/news/the-united-states-is-a-nation-under-minority-rule-a-perversion-of-democracy

Dems Getting Republicans to Run as Dems (video): https://youtu.be/S2e4H03lXIY

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Freedom of Speech Isn't Free!

It's getting tougher with each passing day to express and share an opinion that doesn't jive with the status quo. Anti-progressive algorithms actively block this site and others like it from being found in online Google searches or posting widely on Facebook. Hence, readers can't find us or share us like they have in the past.

So, please share this blog with others and encourage them to do the same. Thank you. And if you're able, a donation to the cause would be appreciated. You can use the link below to do so swiftly and painlessly.


We'll keep speaking out and sharing progressive news and views until they lock us up, and it's great to know you have our backs. Thanks again for your help in these trying times. Power to the people!

***


We should be making it easier for workers to claim the Social Security benefits they’ve earned with every paycheck, not harder. So why has the Trump administration proposed a new rule that’s designed to rip benefits away from hundreds of thousands of Americans with disabilities?


That’s the Republican strategy. Uphold capitalistic greed at the expense of working people.


While Social Security is best known as a retirement program, disability and survivor’s benefits are equally essential. That’s why we’re rallying with our allies across the country to fight back against this proposed rule change and save the lives of thousands of Americans.






We know what the effects of the Trump proposal would be, because Ronald Reagan implemented a very similar benefit cut back for over 200,000 Americans in the 1980s. 


The New York Times reported that during the Reagan administration “people with obvious physical and mental disabilities” lost their benefits “without having been interviewed” by the Social Security Administration. This led to the loss of 21,176 lives of people who relied on their Social Security benefits to survive.


And, while Reagan was eventually forced to reverse his attack on Social Security after massive public outcry, the Trump administration is bringing back this cruel policy with no regard for history or human life.


The Trump administration proposal would require millions of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries to re-prove their eligibility for benefits as often as every six months—far more frequently than is currently the case.


Join CPD Action and allies like Social Security Works, the AFL-CIO, Demand Progress and more to fight back against the Trump administration’s brazen cruelty. Submit an official comment to the Social Security Administration to oppose the proposed rule change that will result in hundreds of thousands of beneficiaries losing their earned Social Security benefits.


We must stop Trump’s plan. The Social Security Administration is collecting comments on the proposal until January 31, at midnight. Click here to submit your official comment now.


Thank you for fighting back against attempts to undermine and destroy our Social Security system.

In solidarity, 

Jennifer Epps-Addison
Network President & Co-Executive Director, CPDA


*** 


We’re only a month into 2020 and it’s already been a crazy year. Between Trump almost taking us into a war with Iran, deploying Easy Fire Nukes, and circumventing diplomacy with nuclear-armed countries in favor of antagonistic threats — all while he has his finger on the nuclear red button — our small but mighty team is just as busy as ever. We can’t stress enough that activists like you are what keeps us going and why we will be successful in the fight to prevent nuclear violence. Here are your monthly actions to help win that fight.

Your a
ction steps on No First Use:
Our main priority in 2020 is driving momentum toward No First Use legislation in Congress. There’s some easy steps you can take to show your representatives that you support No First Use and want them to as well.


1) Sign the petition for No First Use;
2) Share the petition with a friend;

3) Click to tweet in support of No First Use!

How you can prevent war with Iran
:


On January 3, the U.S. killed the top Iranian commander, Qasem Soleimani, in a drone strike, representing a major escalation of a crisis manufactured by Trump. Then, Iran predictably retaliated against the U.S. by launching missile strikes at Iraqi bases housing American forces. While it’s good news that we have avoided a war thus far, our work is not yet over. Here’s what you can do to prevent an Iraq 2.0:


1) Sign and send the petition to call on Congress to not allow the U.S. to enter into a war with Iran;

2) Share the petition with a friend;

3) Follow our friends at the National Iranian American Council (NIAC), who are doing incredible frontline work to fight for the rights of Iranian-Americans and stop a war with Iran;

4) Click to tweet in support of #NoWarWithIran!


Uplifting the v
oices of impacted communities:

New year, same focus on centering the voices of frontline communities.
Rachel Traczyk, Fellowship Associate and former BombSquad fellow, has been focused on uplifting the forgotten stories of those directly impacted by nuclear weapons testing. In November, she visited the Trinity test site to bear witness to the damage done to the people and the planet by the first nuclear test to ever occur. Rachel also wrote this piece in Inkstick Media on the story of Cecilia Romero, a New Mexican Downwinder.


We will win through intersectional organizing
:
We again joined the Women’s March as partners to raise our voices against war, nuclear weapons, and the patriarchy. Partnerships Manager Yasmeen Silva represented Beyond the Bomb at the Poor People’s Campaign day of action in Washington, D.C. this week to challenge the interlocking injustices of systemic racism, poverty, ecological devastation, the war economy and the distorted moral narrative of religious nationalism. And don’t forget to join us for the Mass Poor People’s Assembly & Moral March on Washington June 20, 2020!


2020 is going to be a big year
:


A reimagined anti-nuclear movement for the 21st century — led by young people and giving voice to those most impacted by nuclear violence — is rising. We need your help more than ever this year to fight for justice and raise awareness of the dangers of the undemocratic nuclear system.


This is why we’re starting off 2020 with a Make Love Not War campaign during the month of February! As we get closer to the 2020 election, we need to make sure every candidate and representative knows we’re putting our #FutureFirst, and breaking up with nuclear weapons. Stay tuned next week to see how you can get involved!



Donate to Beyond the Bomb
In solidarity,
The Beyond the Bomb team