Sunday, June 30, 2013
Paper: When to Overthrow your Government: The Right to Resist in the World’s Constitutions
Ginsburg et al.* 60 UCLA L. Rev. 1184
Download Article:
Abstract
* Tom Ginsburg is Leo Spitz Professor of Law and Ludwig and Hilda Wolf Scholar at University of Chicago Law School and Research Professor at the American Bar Foundation.
Daniel Lansberg-Rodriguez is a Constitutional Research Fellow at the Comparative Constitutions Project and a J.D. Candidate, 2013, at the University of Chicago Law School.
Mila Versteeg is Associate Professor of Law at the University of Virginia School of Law.
Download Article:
Abstract
On December 17, 2010, a young Tunisian street vendor protesting an abusive police official set off a wave of democratic uprisings throughout the Arab world. In rising up against their governments, the peoples of the Arab countries were confronting an age-old problem in political theory: When is it acceptable to rise up against an unjust authority? This question is not only of great importance to the peoples of the Middle East today but was also of profound interest to the American founders and, through them, has informed the very basis of modern constitutionalism. It is perhaps unsurprising then that many countries’ constitutions allow the people to challenge or overthrow their governments under certain circumstances. But to date, little systematic and empirical analysis has been done on the prevalence of this so-called right to resist in national constitutions or on what motivates constitutionmakers to adopt such a right.
This Article takes up the task. It presents an original dataset on right-to-resist provisions in all national constitutions written since 1781, tracing such provisions’ historical trajectory and demonstrating how they have proliferated in recent decades. The Article moreover provides the first-ever empirical exploration of why it is, exactly, that constitutionmakers give their people a constitutional mandate to overthrow or contradict their governing authorities—likely those very authorities elsewhere empowered by the same constitution. Drawing on a range of real-world examples as well as regression analysis, we show that right-to-resist provisions are most likely to be first established following a disruption of the previous constitutional order, either through popular democratic transition or through a violent political break such as coup d’état.
These findings suggest that the constitutional right to resist serves a dual function, depending on its context. On the one hand, the constitutional right to resist can represent a fundamentally democratic and forward-looking tool that constrains future government abuse, empowers the national citizenry, and acts as an insurance policy against undemocratic backsliding. On the other hand, the right can serve as a backward-looking justification for coupmakers who seek retroactive legitimacy for whatever political crimes placed them in a position to make a new constitution in the first place. Which of these two functions prevails may be in large part regionally determined. Latin American constitutionmakers primarily adopted the right to resist in the aftermath of coups d’état, while in other parts of the world the right to resist functions as a precommitment device against undemocratic backsliding.
Our findings have significant implications for our broader understanding of constitutionalism. Ostensibly, at the heart of any constitution lies a wish to bind the future on behalf of the present. Yet our findings suggest that, at least in some cases, constitutional provisions may also serve the function of reinterpreting and justifying the past. At least as far as the right to resist is concerned, constitutions are as much about yesterday as they are about tomorrow.
* Tom Ginsburg is Leo Spitz Professor of Law and Ludwig and Hilda Wolf Scholar at University of Chicago Law School and Research Professor at the American Bar Foundation.
Breaking: New NSA leaks show how US is bugging its European allies
Exclusive: Edward Snowden papers reveal 38 targets including EU, France and Italy
Email
One of the bugging methods mentioned is codenamed Dropmire, which according to a 2007 document is 'implanted on the Cryptofax at the EU embassy, DC'. Photograph: Guardian
US intelligence services are spying on the European Union mission in New York and its embassy in Washington, according to the latest 'top secret' US National Security Agency documents leaked by whistleblower Edward Snowden.
One document lists 38 embassies and missions, describing them as "targets". It details an extraordinary range of spying methods used against each target, from bugs implanted in electronic communications gear to taps into cables to the collection of transmissions with specialised antennae.
READ MORE: http://www.guardian.co.uk/world/2013/jun/30/nsa-leaks-us-bugging-european-allies
One document lists 38 embassies and missions, describing them as "targets". It details an extraordinary range of spying methods used against each target, from bugs implanted in electronic communications gear to taps into cables to the collection of transmissions with specialised antennae.
READ MORE: http://www.guardian.co.uk/world/2013/jun/30/nsa-leaks-us-bugging-european-allies
Saturday, June 29, 2013
Fire Al Franken.
LIKE to retire Al Franken? Join our fight: http://bit.ly/14WuGSb
Vote for Mike McFadden http://www.facebook.com/MikeforMN
Vote for Mike McFadden http://www.facebook.com/MikeforMN
Friday, June 28, 2013
Judicial Watch: Obama Admin Collecting Financial Data From Private Citizens Without Warrants
Well, we almost made it through a whole week without a new Obama Regime scandal, but the good folks at Judicial Watch never rest, and they announced today that they've obtained records from the Consumer Financial Protection Bureau (CFPB) exposing that millions of dollars have been spent by the agency on the warrantless collection and analysis of Americans’ financial transactions,
Thursday, June 27, 2013
Best Bartender joke ever!!
A lawyer, and illegal alien, a pathological liar, a Muslim, a Communist, and a black man walk into a bar.
Bartender asks, "What'll it be, Mr. President?"
Bartender asks, "What'll it be, Mr. President?"
Greatest advice to the prince Libtard Schumer: You work for me!!!
.jpg)
Schumer thinks he's ordained from God. Schumer, The American people are God.
Tuesday, June 25, 2013
GRAPHIC: I'm sure this animal will get the best lawyer at tax payer expense. Boston bombers did.
This victim Probably has a gun control law in her state.
Al Sharpton and Jesse Jackson speechless. Oh well they will make millions this year. Imagine a different scenario if you know what I'm talking about.
"Ye serpents, ye generation of vipers, how can ye escape the damnation of hell?"
Matthew 23 v 33 (King James Bible)
Quote of the day
No matter how healthy a man's morals may be when he enters the White House, he comes out again with a pot-marked soul.
Mark Twain. (if he were alive today, the IRS would be auditing him)
Mark Twain. (if he were alive today, the IRS would be auditing him)
Sunday, June 23, 2013
Democratic Party official confesses to bribing IRS agents
In the midst of a far-reaching Internal Revenue Service scandal, a chairman of a local Democratic Party committee and father of an officeholder in New Jersey confessed on Friday that he bribed two IRS officials so that they would erase his federal tax debt, according to the U.S. Justice Department.
READ MORE: http://www.examiner.com/article/democratic-party-official-confesses-to-bribing-irs-agents?fb_action_ids=10200305104414942&fb_action_types=og.likes&fb_source=other_multiline&action_object_map=%7B%2210200305104414942%22%3A394333104021490%7D&action_type_map=%7B%2210200305104414942%22%3A%22og.likes%22%7D&action_ref_map=%5B%5D
READ MORE: http://www.examiner.com/article/democratic-party-official-confesses-to-bribing-irs-agents?fb_action_ids=10200305104414942&fb_action_types=og.likes&fb_source=other_multiline&action_object_map=%7B%2210200305104414942%22%3A394333104021490%7D&action_type_map=%7B%2210200305104414942%22%3A%22og.likes%22%7D&action_ref_map=%5B%5D
King Poverty Pimp: Tamara Holder Sleeps with Jesse Jackson – Jackson Aide Aruba Tommy Has to Clean Up the Hotel Room?
Two Tamara Holder posts, one after the other today. Tommy R. Bennett, known as ‘Aruba Tommy’ on Chicago radio, was an aide to the, uh, Revvvvrend Jesse Jackson. Aruba Tommy is a gay man. Attorney Thomas V. Leverso has filed a lawsuit on behalf of Tommy Bennett alleging he was used to escort wormen to the, uh, Revvvvrend Jackson’s motel hotel room for “sexual intercourse.” On one occasion, the hotel was the Hilton at Chicago O’Hare airport. The lawsuit alleges that Jackson visited Holder’s apartment while Bennett waited in a car outside, was known as his “mistress” and Jackson’s family was told about Tamara by another “mistress” via a letter. According to Tommy, Fox News analyst and all-around ditsy Dem, Tamara Holder was among those women. Tommy says he was forced to clean up the mess “after” the hotel meet-ups.
Tamara Holder
Bennett worked for Jackson for more than two years and was known as “Aruba Tommy” on local Chicago radio station WVON. The lawsuit alleges that Bennett was subjected to “humiliating tasks” because he was a homosexual, such as “escorting women to his [Jackson’s] hotel room” and then being ordered to clean up after Jackson had sexual intercourse with them.
One of those women, the suit claims, was Tamara Holder, a pundit and criminal defense attorney who claims she “single-handedly” founded what she calls “a pro bono legal clinic at Rev. Jesse L. Jackson’s Rainbow PUSH Coalition.” A self-described Democrat, she appears regularly on Fox News to defend the Obama Administration and other prominent Democrats. “Because of the Democratic Party’s deep Chicago roots, Tamara has worked closely with some of the City’s most prominent leaders,” her website says. Source: Cliff Kincaid, Accuracy in Media (AIM)
You can guess by now that gay man Tommy Bennett was fired by the Jackson organization, thus the lawsuit. Bennett claims discrimination by the Black Revvvvrend Jesse Jackson because he is gay.
The, uh, Revvvvrend Jesse Jackson
Queen Libtard strikes again: ‘YOU SUCK!’: NANCY PELOSI BOOED, HECKLED BY LIBERAL ACTIVISTS OVER SNOWDEN COMMENTS
Queen Libtard heckled by her own scum. This is the most profuse, wretched degenerate politician in human history. I wish she would seriously crawl back in the hole where she came from.
Liberal activists booed and heckled House Minority Leader Nancy Pelosi after she stated Saturday that former National Security Agency contractor Edward Snowden broke the law by leaking details of classified surveillance programs.
(Credit: Raw Story)
It all happened at the annual Netroots Nation conference in San Jose, which gives “progressive voices…an online and in-person campus for exchanging ideas and learning how to be more effective in using technology to influence the public debate” its site says.
The Huffington Post describes the scene:
As she spoke about the need to “balance” privacy and security, a man stood and yelled, “it’s not a balance, it makes us less safe.” The man continued to decry “secret courts,” and staffers began to escort him from the room.Pelosi said it was fine for him to stay, but the man was eventually ejected. On the way out, some members of the audience began to shout at the staffers to “leave him alone.”The conversation then shifted to Snowden, who on Friday was charged with espionage over his leaking of classified documents to media outlets.Pelosi said that Snowden “did violate the law in terms of releasing those documents,” a remark that elicited boos and yells throughout the ballroom. One man screamed, “You suck!”
Others yelled “Secrets and lies!” and “No secret courts!” and “Protect the First Amendment!” according to the San Jose Mercury News.
Below is the full video of Pelosi’s remarks. She runs into resistance around the 47-minute mark, but things get hairy at about 50:45 after she calls Snowden a lawbreaker:
And here is a shorter clip of the most contentious section:
(H/T: HuffPo)
Saturday, June 22, 2013
Thursday, June 20, 2013
Q & A
Grandaughter: Who are some of our great Presidents Grandpa?
Grandpa: George Washington, Thomas Jefferson, Abraham Lincoln, Ronald Reagan.
Grandaughter: Thats strange, My teacher said Barack Obama and Joe Biden are the only Presidents we have ever had.
Grandpa: George Washington, Thomas Jefferson, Abraham Lincoln, Ronald Reagan.
Grandaughter: Thats strange, My teacher said Barack Obama and Joe Biden are the only Presidents we have ever had.
Wednesday, June 19, 2013
Monday, June 17, 2013
Princess libtard FEINSTEIN: Hypocrite Par Excellence
I can't vote for this hypocritical Scumbag. I live in Florida. Can California actually nominate a wealthy, successful person to run against this hag who is worth $38 Million and acts like she cares.
Auction: Very, Very rare Adlai Stevenson & Ike Political Button set, on original card
I have for auction 2 extremely rare SAMCO LINE political campaign button set, with campaign card. 1956 election Adlai Stevenson vs. Dwight D. Eisenhower. Had VP running mates Estes and "Dick" for Richard Nixon printed on them as well.
This came from the SAMCO LINE founded in 1919 and still open for business today. These may have been produced as a sample line and according to SAMCO had to have been ordered by a campaign since they did not just randomly print buttons. These may have been used as a sales man kit to show the campaigns. They may be the only one of it's kind in the world. SAMCO said still having the card is significant.
2 very prominent collectors have called these pins extremely rare and a huge find. Their exact quotes:
"Great set you have there and pretty rare, especially as a set. I cannot remember the last time either one of these buttons auctioned, it has been a long time I think." Prominent political collectible auctioneer.
" I've never seen either of them in 53 years of collecting. I think these are VERY VERY valuable and should be sold as a pair on the original card." prominent APIC member
If you have any questions please do not hesitate to PM me. We can take a video and send to you or skype for first hand viewing.
FREE SHIPPING and we will pay the insurance.
3 DAY AUCTION
Saturday, June 15, 2013
Friday, June 14, 2013
Tuesday, June 11, 2013
AND THE CHARADE GOES ON: 7-year old Pop-Tart gun offender loses first appeal
I seriously cannot take this anymore. ARE YOU KIDDING ME????????
Posted by William A. Jacobson Tuesday, June 11, 2013 at 6:00pm
You may remember the story of the 7-year old disciplined for biting his Pop Tart into the shape of a gun at school, Maryland school offers counseling for students troubled by “pastry gun” incident.
The evidence against the young lad was overwhelming and unimpeachable:
The young perp has lost his first round of appeal:
CNS News via Weasel Zippers:
We will keep an eye on the legal developments of the Pop-Tart offender and his gang members, the young toughs who were caught in possession of pencil pointed like a gun, a Quarter-size Lego piece, a clear plastic toy gun, a Lego Gun, an empty cap gun, and a Nerf Gun, and who trashed talked other kids about a Bubble Gun and Nerf Gun.
The evidence against the young lad was overwhelming and unimpeachable:
The young perp has lost his first round of appeal:
CNS News via Weasel Zippers:
An appeal to have an eight year-old boy’s record expunged for a suspension he received for biting a Pop-Tart into the shape of a gun has been denied.While he’s fighting his appeals, at least he can enjoy his free lifetime NRA membership.
The attorney for Josh Welch, the boy who made national headlines after nibbling his pastry into a gun, said Monday that a top school official has denied an appeal to have the boy’s record expunged.
According to the Baltimore Sun, the family’s attorney, Robin Ficker, met with school officials last month, but no resolution was reached.
Ficker said the matter then went to the superintendent, Kevin Maxwell, whose office responded with a letter notifying the attorney that the appeal request had been denied.
But, Ficker isn’t giving up.
“I’ve spoken to Mr. Welch, and we’re definitely going to appeal to the board of education,” Ficker said.
We will keep an eye on the legal developments of the Pop-Tart offender and his gang members, the young toughs who were caught in possession of pencil pointed like a gun, a Quarter-size Lego piece, a clear plastic toy gun, a Lego Gun, an empty cap gun, and a Nerf Gun, and who trashed talked other kids about a Bubble Gun and Nerf Gun.
Important Read!!! Fantastic Nassim Taleb Aphorism
The best way to strengthen something is to complain about it. Complaining about bankers, politicians, Harvard, etc., is signaling their robustness: everyone complains yet they are still there, so there has to be something to their existence.
---
People need to see action, not complaint. Instead you need to move, do something, establish competing circuits to harm their directly (MOOC, classes on nonacademic risk management, or call for some kind of punishment (preferably legal, like sue the Nobel), then people will join you after they start seeing blood.
-- Nassim Taleb
---
People need to see action, not complaint. Instead you need to move, do something, establish competing circuits to harm their directly (MOOC, classes on nonacademic risk management, or call for some kind of punishment (preferably legal, like sue the Nobel), then people will join you after they start seeing blood.
-- Nassim Taleb
King Libtard SCHUMER: 'ILLEGAL IMMIGRATION WILL BE A THING OF THE PAST'
After the U.S. Senate voted to pass the motion to proceed to floor debate on the “Gang of Eight” immigration bill, Sen. Chuck Schumer (D-NY) claimed that this bill would solve illegal immigration and secure the border.
Subscribe to:
Posts (Atom)
LinkWithin
