Monthly Archives: September 2015

National Law vs. Natural Laws: Addressing the Kim Davis question

As we follow a national conversation, changes that reflect a deeper shift in the way American law is perceived begin to surface

If we were really to live by natural law, there wouldn’t be any discussion about mining the Grand Canyon or giving away portions of it to multi-national mining operations. Photo via Wikimedia Commons

When Rowan County, KY clerk Kim Davis was arrested and jailed for contempt of court, a national conversation began. Some declared this was the beginning of the jailing of Christians. Others sided with the ruling from the Supreme Court that removed any restrictions for issuing marriage licenses to gay couples.

Somewhere in the midst of this, we heard Davis’ attorney argue that “natural law” had precedence over “national law” as the basis for the merits of her case. Applied here in a very narrow sense, we now must step back and bring to light what that would actually mean in a nation that, until now, has relied on a legislative system of establishing laws and a judicial system for examining the application of those laws in a civilized society.

Natural Law, used in the legal sense, is defined as:

The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive     law, which consists of the written rules and regulations enacted by government.”

With this argument of “natural law” in mind, we have to go back to the basic principles laid out for humans when creation took place. Mankind was to be conservators of the earth; preserving, protecting and conserving earth and her resources for future generations. There could be no laws allowing for pollution of air, water or soil. There could be no laws that allowed for the extraction of natural gas, oil, coal, ore, and most precious minerals mined from the earth in the industrial age methods of stripping the earth of everything else in the process.

Natural law would not allow for corporations to be considered people too, in any court of law. Natural law would treat all people, the crowning achievement of the Maker’s creation, as equal without discrimination based on origins, choices or inherent forces. Natural law would remove all borders and fences, all status of “legal” versus “illegal” immigrant and instead react as citizens in the EU have done with the recent refugee crisis. They would treat these people as heroes and provide all basic needs as soon as possible.

Under “natural law,” there is no need for a USCIS (United States Citizenship & Immigration Services.  There is no need for war over oil, money or specific land masses. The list goes on.

When our Constitution was written, the founders knew what it was to have state-sponsored religion. They knew humans do not all think, believe or live the same. They knew this was a problem in England and sought to establish this grand experiment in democracy based on an establishment of “National Law” and a system whereby these laws are able to be examined and adjusted as society’s needs changed.

So the argument now of “National Law” as opposed to “natural law” falls flat on its face. It underscores what is really happening here: that when white Christian privileged people are offended, they will go to no limit to cherry-pick scripture for Bible verses to support their arguments. They will rally together for support and ignore the fact that they are trampling on the very Constitution and Bill of Rights that allows for their grandstanding.

If they believe their Bible, they would understand God punishes the sinner; not another individual. They would be horrified to know if their children disobeyed, they are to take them outside the city and stone them to death, if they are to act on Old Testament law.

In the long run, groups or individuals do not get to have their “laws” supersede the Supreme Court. If that were the case, not a single corporation could ever be brought to trial on any charge – ever, after being ruled to be “people” by the Supreme Court. They would simply say they were acting on their beliefs.

So here’s the question: Do you want to live where laws are clearly established so everyone knows and understands them, or do you believe, as those who support Kim Davis do, that we should live in a world where any individual’s interpretation of religious text has more merit than laws or courts?

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As Iran Deal Nabs Necessary Votes, ‘War Criminal’ Cheney Shouted Down in DC

CODEPINK protester interrupted the “notable war criminal” by shouting: “We want peace!”

By Sarah Lazare, staff writer for Common Dreams. Published 9-8-2015

"Dick Cheney is a notable war criminal, has committed atrocities during his time as vice president and beyond, and is a known supporter of torture," said Michaela Anang of CODEPINK. (Screenshot: C-SPAN)

“Dick Cheney is a notable war criminal, has committed atrocities during his time as vice president and beyond, and is a known supporter of torture,” said Michaela Anang of CODEPINK. (Screenshot: C-SPAN)

The nuclear agreement between the U.S., Iran, and other world powers cleared an important congressional hurdle in Washington, D.C. on Tuesday, but don’t expect former vice president Dick Cheney to be happy about it.

Despite holding no elected office, former vice president Dick Cheney has emerged as one of the most visible—and hawkish—opponents of the Iran deal, delivering a blistering speech Tuesday morning alleging that the accord “will give Iran the means to launch a nuclear attack on the U.S. homeland.” Continue reading

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Despite Epic Crash of World Economy, White Collar Prosecutions at 20-Year Low

But that doesn’t mean Wall Street malfeasance itself is on the wane, researchers point out

Former Attorney General Eric Holder returned to his former employer, the white-collar defense firm Covington & Burling, after leaving the Justice Department. (Photo: US Department of Agriculture/flickr/cc)

Former Attorney General Eric Holder returned to his former employer, the white-collar defense firm Covington & Burling, after leaving the Justice Department. (Photo: US Department of Agriculture/flickr/cc)

Written by Deirdre Fulton, staff writer for Common Dreams. Published August 4, 2015.

Despite lofty rhetoric from politicians who vowed in the aftermath of the 2008 financial crisis to hold Wall Street accountable, U.S. Justice Department statistics show a “long-term collapse” of federal white collar crime prosecutions, which are down to their lowest level in 20 years, according to a new report from Syracuse University.

The analysis of thousands of records by the university’s Transactional Records Access Clearinghouse (TRAC) shows a more than 36 percent decline in such prosecutions since the middle of the Clinton administration, when the decline first began. While there was an uptick early in Barack Obama’s presidency, current projections indicate that by the end of the 2015 fiscal year, such prosecutions will be at their lowest level since 1995.

But that doesn’t mean white collar crime itself—which involves a wide range of activities such as health care fraud and the violation of tax, securities, antitrust, federal procurement, and other laws—is on the wane.

“The decline in federal white collar crime prosecutions does not necessarily indicate there has been a decline in white collar crime,” the researchers are swift to point out. “Rather, it may reflect shifting enforcement policies by each of the administrations and the various agencies, the changing availabilities of essential staff and congressionally mandated alterations in the laws.”

They add that “because such enforcement by state and local agencies for these crimes sometimes is erratic or nonexistent, the declining role of the federal government could be of great significance.”

Furthermore, failure to prosecute white collar crimes does more than let individual fraudsters off the hook, as journalist Glenn Greenwald argued in 2013:

The harms from this refusal to hold Wall Street accountable are the same generated by the general legal immunity the US political culture has vested in its elites. Just as was true for the protection of torturers and illegal eavesdroppers, it ensures that there are no incentives to avoid similar crimes in the future. It is an injustice in its own right to allow those with power and wealth to commit destructive crimes with impunity. It subverts democracy and warps the justice system when a person’s treatment under the law is determined not by their acts but by their power, position, and prestige. And it exposes just how shameful is the American penal state by contrasting the immunity given to the nation’s most powerful with the merciless and brutal punishment meted out to its most marginalized.

But while news of the 20-year low is troubling, it’s not particularly surprising. As journalist David Sirota noted on Thursday for the International Business Times:

In 2012, President Obama pledged to “hold Wall Street accountable” for financial misdeeds related to the financial crisis. But as financial industry donations flooded into Obama’s reelection campaign, his Justice Department officials promoted policies that critics say embodied a “too big to jail” doctrine for financial crime.

Sirota went on to point out, both the former head of the Justice Department’s criminal division, Lanny Breuer, and former Attorney General Eric Holder made similar remarks at the time. “Prior to serving in the Obama Justice Department, both Breuer and Holder worked at white-collar defense firm Covington & Burling,” Sirota wrote. “Both of them went back to work for the firm again immediately after leaving their government posts.”

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License.

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Thousands Reach Austria as Refugee Crisis Issues ‘Wake-up Call’

‘This has to be an eye-opener on how messed up the situation in Europe is now’

By Andrea Germanos, staff writer for Common Dreams. Published 9-5-2015

Refugees continue towards Austria from Budapest. image credit @nabihbulos

Refugees continue towards Austria from Budapest. image credit @nabihbulos

Thousands of refugees were welcomed into Austria on Saturday after epic journeys from Hungary that many were forced to begin to take on foot.

As USA Today reports,

Hungary, which had spent days stopping migrants from leaving by train, provided buses to take them into Austria. The government relented under international pressure and after desperate refugees who had camped out at the Budapest train station simply began walking toward the border.

Continue reading

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In ‘Win for Public Schools,’ Wash. Supreme Court Rules Charter Schools Unconstitutional

“The Supreme Court has affirmed what we’ve said all along—charter schools steal money from our existing classrooms, and voters have no say in how these charter schools spend taxpayer funding.”—Kim Mead, Washington Education Association

By Andrea Germanos, staff writer for Common Dreams. Published 9-5-2015

Diane Ravitch writes that the ruling "gives hope to parents all across America, who see charter schools draining funding from their public schools, favoring the privileges of the few over the rights of the many." (Photo: Chris Blakeley/flickr/cc)

Diane Ravitch writes that the ruling “gives hope to parents all across America, who see charter schools draining funding from their public schools, favoring the privileges of the few over the rights of the many.” (Photo: Chris Blakeley/flickr/cc)

Public education advocates are welcoming the Washington State Supreme Court’s ruling late Friday that the state’s charter school law is unconstitutional.

The Seattle Times reports that

The ruling — believed to be one of the first of its kind in the country — overturns the law [I-1240] voters narrowly approved in 2012 allowing publicly funded, but privately operated, schools.

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After Canadian Court Ruling, Has Law ‘Finally Caught Up With Chevron’?

Decision is ‘the beginning of the end of Chevron’s abusive and obstructionist litigation strategy,’ says Ecuadorian activist

By Deirdre Fulton, staff writer for Common Dreams. Published 9-4-2015

"Chevron's deliberate dumping of 18 billion gallons of toxic waste water and 17 million gallons of crude into the Ecuadorian Amazon created a massive health crisis and remains one of the worst oil-related environmental crimes in history," Amazon Watch said on Friday. (Photo: Rainforest Action Network/flickr/cc)

“Chevron’s deliberate dumping of 18 billion gallons of toxic waste water and 17 million gallons of crude into the Ecuadorian Amazon created a massive health crisis and remains one of the worst oil-related environmental crimes in history,” Amazon Watch said on Friday. (Photo: Rainforest Action Network/flickr/cc)

In a unanimous ruling hailed as “a major victory for human rights and corporate accountability,” the Canadian Supreme Court declared on Friday that a group of Ecuadorian villagers can pursue a multi-billion pollution lawsuit against oil giant Chevron in the province of Ontario.

“The law has finally caught up with Chevron,” the nonprofit Amazon Watch said in a press statement.

As a result of the ruling, the Ecuadorian villagers may now continue with a 2012 lawsuit they launched against Chevron’s Canadian subsidiary in Ontario. They claim Chevron’s activities have caused “horrific contamination”—and an Ecuadorian court agreed, ruling in 2011 that Chevron should pay $9.5 billion for the destruction it caused.  Continue reading

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Cop Watch: protecting neighborhoods from the police

To protect their neighborhoods against police violence, Cop Watch groups in the U.S. patrol and document police activity, hoping to abate the harassment.

By Jelle Bruinsma. Published 8-29-2015 at ROAR Magazine

copwatch-main

In a period of 10 minutes, we saw the same police car stop three vehicles. Each time we’d walk up with our cameras and phones held out; the cops would put on their best smile, get back in the car, circle the block, go back to the same spot hidden behind a wall, and stop the next car passing by.

They weren’t the exception: in this poverty-stricken Brooklyn neighborhood siren lights are pervasive on any given night. Bedford-Stuyvesant (Bed-Stuy, as it is commonly known) is one of the many New York neighborhoods where a Cop Watch group patrols the streets, encouraged and cheered on by local residents. Continue reading

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‘Uninhabitable’: UN Report says Total Destruction of Gaza Nearly Complete

Under constant threat of war and a devastating economic blockade, occupied territory is being ‘de-developed’ – a process by which development is not merely hindered but reversed

By Jon Queally, staff writer for Common Dreams. Published 9-2-2015.

A Palestinian man holds the hands of his granddaughters near the remnants of the residential towers where the girls used to live, in the city of Beit Lahia, in the northern Gaza Strip. (Photo: UNICEF/Eyad El Baba)

A Palestinian man holds the hands of his granddaughters near the remnants of the residential towers where the girls used to live, in the city of Beit Lahia, in the northern Gaza Strip. (Photo: UNICEF/Eyad El Baba)

Citing a series of vicious military attacks in recent years coupled with severe shortages of water, medical supplies, and shelter created by an internationally-backed blockade, a new report issued by the United Nations warns that if current trends continue the Gaza Strip will be virtually “uninhabitable” within five years.

Home to approximately 1.8 million people, Gaza is often referred to the largest open-air prison in the world and the latest report, published by the UN Conference on Trade and Development (UNCTAD), is just the latest official assessment (pdf) to paint a devastating picture of life inside the sealed borders of Gaza which has now faced eight years of economic blockade and three large-scale military operations by Israel since 2009. Continue reading

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Turkey: Erdoğan is forcing his people to take sides

Turkey: Erdoğan is forcing his people to take sides

Bahar Baser, Coventry University and Ahmet Erdi Öztürk, University of Ljubljana

Up in arms. Reuters/Murad Sezer

Ever since the June 2015 elections, which thwarted the proposed presidential system that President Recep Tayyip Erdoğan has long craved, Turkey has been hurtling into one of its most turbulent periods in decades. And with a snap election called for November 2015, the country’s political factions are facing off in an ever more violent and bitter fashion.

Polarisation has been a problem for Turkey for a long time: right versus left, Kurd versus Turk, Alevi versus Sunni, secular versus non-secular. But now, the division between supporters of the AKP – Erdoğan’s party – and their rivals has become one of the country’s biggest fissures.

All against all

As the country grapples with the threat of Islamic State just across the Syrian border, Turkey’s low-intensity civil war has been ramped up again with the Kurdish PKK mounting attacks on security personnel and the state responding with violence of its own. Recent fighting has claimed the lives of more than 60 military personnel, 400 PKK fighters and a considerable number of civilians, who are treated as casualties of war.

The so-called peace process has entirely stalled, although it’s debatable whether it was really going anywhere in the first place. Restrictions on movement in eight provinces have been introduced, raising fears that the state will enact “emergency laws” to allow a heavy crackdown. A district of Diyarbakir called Silvan was attacked by the Turkish military in mid-August; it was seriously damaged, and many residents had to flee to survive. Kurdish people are forced to live in an environment of insecurity as if they are being punished for not voting for the AKP, which also meant Erdogan’s way to the presidential system.

On the Kurdish side, the leader of the pro-Kurdish HDP party, Selahattin Demirtaş, has called on the PKK to end its violence, but everyday funerals are being held for Turkish soldiers killed during clashes with the PKK. These funerals have become a way for Turkish voters to show their rage not only at the PKK for its attacks, but also at the AKP and its MPs for putting their countrymen in harm’s way.

At the funeral for his brother, who was killed in a PKK attack, Lieutenant Colonel Mehmet Alkan demanded: “Who is his murderer? Who is responsible for this? Why are those who were saying ‘peace process’ before now demanding ‘war till the end’ right now?”

Alkan was a lieutenant colonel in the Turkish army, and spent a good part of his life protecting Turkey’s territorial integrity against the PKK. His anger was directed at the government, and at its representatives at the funeral who were trying to make election propaganda of his brother’s death.

The cynicism around the civil war has reached the point where no side can even mourn its dead without being exploited for political ends.

Alkan soon found out the hard way what happens to those who speak out. Immediately after his tirade was reported, pro-AKP Twitter users began smearing him as a member of one or all of the groups designated as enemies of the Turkish state: the Alevists, the pro-Kurdish HDP, and the Hizmet Movement – a huge transnational Islamic movement some regard as a parallel state.

More chaos, more votes?

This sorry state of affairs is not just an unfortunate collision of circumstances. It has been nourished by the current AKP government, which was put in a corner by the HDP’s biggest-ever electoral haul and entry into parliament.

It is now trying desperately to gather the nationalist and conservative votes it needs to win its longed-for parliamentary majority. The AKP’s calculation appears to be that more chaos will mean more votes, with people turning to the devil they know in hope of stability.

The aftermath of clashes in Silvan, near Diyarbakir. Reuters/Sertac Kayar

On the face of it, the latest PKK-Turkish army clashes have driven many groups on both sides back into their traditional corners. But things are changing as well – and it is clear that many Turkish voters are anything but won over by this new strategy. And the public’s reaction to the deliberately contrived chaos has so far defied the AKP’s expectations.

People all over Turkey are now questioning what intentions lie behind the resurgent violence. Kurds have always been suspicious, but this is new to the Turkish population at large. While polarisation and unrest are in themselves hardly new to Turkey, the current division of Turkish political and social life is more intense than it has been for decades.

As HDP MP Gülten Kışanak recently mentioned, this is a very different era. In the 1990s political killings were executed in secret, and violence was covert; nowadays, they are carried out without any shame or pretence.

In this deeply polarised climate, the obvious reaction is to take sides. That’s exactly what the AKP wants Turks to do, and it’s highly dangerous. It not only harshens the tone of political discourse; it exacerbates all the deeper, long-existing divisions that undermine Turkish civil society.

The run-up to the snap election will be a very dangerous time not only for the HDP, but for all opposition groups, who must now mount election campaigns in a deliberately cultivated environment of violence and fear. To be sure, this began a long time ago – the HDP’s party buildings were constantly coming under attack even before the June elections – but it is getting substantially worse.

As things stand, Turkey offers no promise of a better future to any of its warring groups. And with the campaign for the newly declared elections already sinking into a factional brawl, the signs are ominous indeed.

The Conversation

Bahar Baser is Research Fellow at Coventry University and Ahmet Erdi Öztürk is PhD Candidate/Research Asistant at University of Ljubljana

This article was originally published on The Conversation. Read the original article.

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Alaska Becomes Backdrop as Obama’s Climate Contradictions Laid Bare

Welcome gestures notwithstanding, there remains enormous gap ‘between meaningful action to address climate change and continued exploration for remote and difficult hydrocarbon resources.’

By Jon Queally, staff writer for Common Dreams. Published 8-31-2015.

(Photo: Wenjie Qiao/flickr/cc)

Photo: Wenjie Qiao/flickr/cc

Though President Obama made headlines Sunday night by signing an executive order that officially renames Alaska’s Mt. McKinley to Denali—the name used by Indigenous people and most Alaskan residents—his visit to the country’s most northern state remains clouded for many by a contradictory stance in which he calls for strong climate action on one hand while simultaneously championing offshore Arctic drilling with the other.

In restoring Mt. McKinely’s name as Denali—which at 20,320 feet is North America’s tallest mountain—Obama was instating, as the Associated Press notes, a moniker Alaskans have informally used for centuries. The name means “the high one” in Athabascan. Continue reading

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