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Friday, September 22, 2006

U.S. Congress hates the Bill of Rights

This from Wikipedia:"
Generally speaking, ex post facto laws are seen as a violation of the rule of law as it applies in a free and democratic society. Most common law jurisdictions do not permit retroactive legislation, though some have suggested that judge-made 'law' is retroactive as a new precedent applies to events that occurred prior to the judicial decision. In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are technically possible as parliamentary supremacy allows the parliament to pass any law it wishes. However, in a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited."


This from Busy Busy Busy:
The Ticket. From the language of today's AGREEMENT UPON COMMON ARTICLE 3, per Marty Lederman at Balkanization:
(2) RETROACTIVE APPLICABILITY. The amendments made by this section, except as specified in paragraph 2441(d)(2)(E) of title 10, United States Code, shall take effect as of November 26, 1997, as if enacted immediately after the amendments made by section 583 of Public Law 105-118 (as amended by section 4002 of Public Law 107-273).


You do the math

4 Comments:

Blogger Arkady said...

Of course they do! And quite rightly. These quibblings interfere with sound management practices. People generally don't know to do with them anyway. They might get stolen and misused if they weren't shut away for safe keeping. Someone could poke an eye out with one. It bears asking, if you have't done anything wrong, why would you need to be protected from your government?

Some people, of course, say the reason they need protection is precisely because they haven't done anything wrong; that any body of humans is prone to errors, idiocies and wickedness, great and small; that several thousand years of history have demonstrated a need for a Bill of Rights, at the very least. Well! It's that kind of cynicism that makes removal of those rights all the more pressing. This is a time of terror and tax cuts -- an exceptional time.

Saturday, September 23, 2006

 
Blogger P. Curtin said...

Good heavens! You're right! How cynical I have been. How blind! (Of course I have been running indoors alot with a right or two in each hand so, duh).
Do you suppose I could get the people of western New York (and Southern Ontario) to give up a whole heap o' rights in exchange for an NBA franchise? We'd be ever so loyal! You can even tax us more! Just ease off the rich folks...they really, more than anyone, need a break or two.

Saturday, September 23, 2006

 
Blogger Arkady said...

It's almost too depressing to think about. I have some theories about people who evince an almost complete lack of scruples, any sense of self-preservation that doesn't include constant violence and the empathy of a broken televison set. But the theories strain my credulity when I'm tired. The meanest wingnut seems more on the ball than these oligarchic cretins.

Saturday, September 23, 2006

 
Blogger P. Curtin said...

Right, and so how is it that the cretins have won everyone over? I should have seen it coming during the first Gulf War when I was involved in a youth group. Those kids couldn't wait to get home to watch the bombings on CNN. It was like the scene in 1984 at the movies when they're watching the newsreel of the refugees being bombed, except in the real world none of the plebs felt obligated to whisper, even in the dark, that it wasn't right to show this to children. What to do when all news programs are like daylight nightmares?

And like cheap, abused whores all is forgiven when the price of gas drops slightly.

Sunday, September 24, 2006

 

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