Terms: amend bill
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- Editorial: Stop Amendment That Strips Fundamental Rights (Center for Constitutional Rights)
"Last year the Supreme Court rejected the government's position that it can maintain a law-free zone at the Guantánamo Naval Base. The habeas corpus petitions on behalf of the men imprisoned in Guantánamo seek the most basic relief: a fair hearing with due process in federal court to challenge the factual and legal basis of their detention. Our system of justice is founded upon the notion that the Executive may not detain any individual without these fundamental protections. We are asking you to write your representatives to demand that they not to undo the work of the Supreme Court and that they uphold the rule of law and reject the Graham-Levin Amendment to the Military Authorization Bill."
Editor's Note: The purpose of the writ of habeas corpus is to release a person from unlawful imprisonment. The writ addresses whether lawful procedures were used to imprison the person, not whether the person is guilty of a crime. 12-05
- Editorial: Bill Threatens "Unwritten Constitution" (FindLaw)
"Last week, the Senate unanimously approved a defense authorization bill which, if approved by the House, will dramatically curtail the ability of prisoners held at the U.S. Naval Base in Guantanamo Bay, Cuba, to challenge their detention in federal court."
"The Amendment's key provision would strip the federal courts of jurisdiction to entertain habeas corpus petitions from Guantanamo Bay detainees--except in two circumstances."
Editor's Note: The purpose of the writ of habeas corpus is to release a person from unlawful imprisonment. The writ addresses whether lawful procedures were used to imprison the person, not whether the person is guilty of a crime. 12-05
- -09-28-06 Torture Bill Passed by House and Senate (MSNBC News)
"The provisions [defining war crimes] are intended to protect CIA interrogators from being prosecuted for war crimes."
The Senate voted against an amendment by Sen. Arlen Specter, R-Pa., that would have allowed terror suspects to file 'habeas corpus' petitions in court. Specter contends the ability to such pleas is considered a fundamental legal right and is necessary to uncover abuse." 09-06
- Ballot Integrity Act of 2007: Senate Bill 1487 (GovTrack.us)
"To amend the Help America Vote Act of 2002 to require an individual, durable, voter-verified paper record under title III of such Act, and for other purposes. 06-07
- Voter Confidence and Increased Accessibility Act of 2007: House Bill 811 (Thomas.loc.gov)
"Voter Confidence and Increased Accessibility Act of 2007 - Amends the Help America Vote Act of 2002 (HAVA) with respect to: (1) ballot verification and mandatory paper record audit capacity; and (2) accessibility and ballot verification of results for individuals with disabilities." 06-07
- Editorial: White House Opposes Law to Limit Cruel or Inhumane Treatment (Daily Sentinel - Teepen)
"The White House is threatening to veto a $440 billion military spending bill unless the Senate scraps its amendment limiting the military in prisoner interrogations to, in essence, the techniques outlined in the U.S. Army Field Manual on Intelligence Interrogation."
"This is not for once a markedly partisan issue. (Though if the provision makes it to the hyper-partisan House, that would probably change.) The Senate vote was 90-9, with 46 Republicans, including even Majority Leader Bill Frist, concurring. That is about as close to consensus as either congressional chamber ever gets, short of resolutions congratulating spelling bee winners."
"Bush's attorney general and defense secretary have invented rationales that would excuse torture and have asserted the bizarre notion that the president, as commander in chief, is welcome to brush aside any law he wishes."
"The Senate provision simply bars 'cruel, inhuman or degrading' treatment of prisoners. Through most of our history, that would have gone without saying." 11-05
- CIA Operates Secret Prisons (CNN News)
"Human rights groups have criticized the practice of 'rendition,' in which the CIA purportedly has been allowed to secretly transfer terrorist suspects overseas for interrogation."
"Human Rights Watch spokesman Tom Malinowsky said the practice of holding suspects incommunicado in secret facilities has done 'enormous damage' to the reputation of the United States without producing useful intelligence."
"If true, the arrangement suggests U.S. agents are engaged in activities 'that under U.S. law and in U.S. territory and by U.S. personnel would be clearly illegal,' said former U.S. Rep. Bob Barr, who was once a federal prosecutor."
"In October the Senate voted 90-9 to require American troops to follow interrogation standards set in the Army Field Manual and barred 'cruel, inhuman and degrading treatment' of prisoners in U.S. custody."
"The provision was not included in a House bill, and the White House has threatened to veto a $440 billion Pentagon spending bill if the measure is part of the final legislation."
"The administration says existing law already prohibits the mistreatment of prisoners in American custody and the amendment would restrict Bush's power as commander-in-chief."
Editor's Note: Huh? 11-05
- -Editorial: Death of Habeas Corpus (MSNBC News - Keith Olbermann)
Congress passed a law that now allows the President, on his own, to decide who is an enemy. Such a person can then be placed in prison without trial, a court hearing, or any legal process to determine if he or she really is an enemy of the United States. This law is a clear violation of basic rights according to legal scholars, such as Senator Arlen Specter, Chairman of the Judicial Committee of Congress.
Keith Olbermann notes, "The reality is without habeas corpus, a lot of other rights lose their meaning. But if you look at the actual Bill of Rights, the first 10 amendments of that pesky Constitution, you’ll see just how many remain for your protection."
"So as you can see, even without habeas corpus, at least one tenth of the Bill of Rights, I guess that’s the Bill of Right, now—remains virtually intact. No. 3 is still safe."
"We can rest easy knowing that we will never, ever have to quarter soldiers in our homes as long as the third amendment still stands strong." 10-06
- -03-08-07 Democrats: Bring Troops Home Next Year (CBS News)
"House Democratic leaders vowed Thursday to pass legislation setting a deadline of Sept. 1, 2008, for the withdrawal of U.S. combat troops from Iraq, a challenge to President Bush's war policy that drew a blunt veto threat in return."
"To make the overall measure more attractive politically, Democrats also intend to add $1.2 billion to Mr. Bush's request for military operations in Afghanistan, where the Taliban is expected to mount a spring offensive."
"CBS News correspondent Bob Fuss reports the bill also includes a prohibition of any war against Iran unless Congress approves it first, a bar against torture, and more money for military and veterans' health care than the administration asked for."
"As described by Democrats, the legislation will require Mr. Bush to certify by July 1 and again by Oct. 1. whether the Iraqi government is making progress toward providing for the country's security, allocating its oil revenues and creating a fair system for amending its constitution." 03-07
- -05-11-07 H.R. 811, The Voter Confidence & Increased Accessibility Act (TruthOut.org)
The bill is an amendment to the Help America Vote Act (HAVA), which was passed after the debacle in Florida during the 2000 general election. HAVA funded the replacement of old voting systems and gave rise to a new generation of technology-based systems that have been proven untrustworthy. Most notable of these are the Direct Recording Electronic voting systems (DRE), which store electronic records of votes and use those records to tabulate election outcomes. Computer scientists have shown that elections employing these machines are not safe from hackers."
"Holt's efforts have come under scrutiny from grass-roots activists and experts who have been deeply involved in election integrity. Many of these activists oppose the Holt legislation because it does not go far enough in ensuring that elections are secure. They seek further citizen oversight and a ban on DRE voting systems. But the bill has supporters in activist circles, including MoveOn.org, Common Cause, and People For the American Way (PFAW). These groups point to the urgency of getting some kind of legislation passed that can be implemented before the 2008 elections." 05-07
- Mercenaries for the U.S. Not Accountable for Crimes (MSNBC News)
"There is great confusion among legal experts and military officials about what laws — if any — apply to Americans in this [private military] force [in Iraq] of at least 48,000."
"They operate in a decidedly gray legal area. Unlike soldiers, they are not bound by the Uniform Code of Military Justice. Under a special provision secured by American-occupying forces, they are exempt from prosecution by Iraqis for crimes committed there."
" 'I understand this is war,' said Rep. Jan Schakowsky, D-Ill., whose efforts for greater contractor accountability led to an amendment in next year’s Pentagon spending bill. 'But that’s absolutely no excuse for letting this very large force of armed private employees, dare I say mercenaries, run around without any accountability to anyone.' " 08-07
- -Editorial: A Nation of Christians Is Not a Christian Nation (New York Times - Meacham)
"In an interview with Beliefnet.com last weekend, Mr. McCain repeated what is an article of faith among many American evangelicals: 'the Constitution established the United States of America as a Christian nation.' "
However, "the only acknowledgment of God in the original Constitution is a utilitarian one: the document is dated 'in the year of our Lord 1787.' Even the religion clause of the First Amendment is framed dryly and without reference to any particular faith. The Connecticut ratifying convention debated rewriting the preamble to take note of God’s authority, but the effort failed."
"Thomas Jefferson said that his bill for religious liberty in Virginia was 'meant to comprehend, within the mantle of its protection, the Jew and the Gentile, the Christian and the Mahometan, the Hindu, and infidel of every denomination.' When George Washington was inaugurated in New York in April 1789, Gershom Seixas, the hazan of Shearith Israel, was listed among the city’s clergymen (there were 14 in New York at the time) — a sign of acceptance and respect. The next year, Washington wrote the Hebrew Congregation of Newport, R.I., saying, 'happily the government of the United States ... gives to bigotry no sanction, to persecution no assistance. ... Everyone shall sit in safety under his own vine and fig tree, and there shall be none to make him afraid.' " 10-07
- -06-26-08 Congress to Pass Surveillance Law (Time.com)
"The bill amending the Foreign Intelligence Surveillance Act is a compromise reached after a monthslong standoff and weeks of negotiations between Democrats and Republicans. In exchange for telecom immunity, the inspectors general of the Pentagon, Justice Department and intelligence agencies will investigate the administration's warrantless wiretapping program." 06-08
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[Dr. Jerry Adams at jadams@awesomelibrary.org.]
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