Constitution // Current

US Constitution Being Replace With Bill Of Entitlements

Do we really want entitlements?

blogspression1
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19 hours ago
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3 comments

A Lesson on the General Welfare Clause

Rob Natelson offers a lesson on the general Welfare clause of the United States... more

populist
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1 day ago
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0 comments

The Constitution Applies

Apparently the Rule of Law only applies to some people, according to conservative... more

Scolirk
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1 day ago
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11/14/2009 Libertarian Mike Shanklin Attends Neocon Rally Raleigh, NC

11/14/2009 Mike Shanklin Reports From The Anti-Healthcare, Freedomworks Rally in... more

shanklinmike
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4 days ago
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5 comments

Senate Bill would allow "mentally Incapacitated" vets to buy guns

Major Nidal Hasan, accused of killing 13 people at Fort Hood Army base, has been... more

Vierotchka
added this
5 days ago
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99 comments

Guns Don’t Kill People, People Kill People!

You have the right as an individual to own a gun and defend yourself. Prohibition... more

critic
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6 days ago
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146 comments

From prison

The unjust and absurd death of Stefano Cucchi, and the suicide of the new Red brigade... more

hyperion74
added this
9 days ago
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0 comments

Honoring The Constitution

Many are fighting for our country. A great way for you to help.... more

lynfreedom
added this
10 days ago
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0 comments

Glenn Beck Loses Lawsuit Over Critical Website

Now the lawsuit's over, the site's owner has donated it back to Beck. He explains his... more

Allorno1
added this
11 days ago
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1 comment

Cartoon from 60 yrs ago tells the story of today.....

Little do many people know all of this started a long time ago.........

regjoeschmo
added this
12 days ago
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14 comments

What is the True Conservative Position on Gay Marriage?

blogspression1
added this
14 days ago
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1 comment

Reclaiming Rights in Afghanistan: With and Without the Burqa

Spend some time with a group of brave Afghan lawyers and their young clients, the... more

brishkay
added this
16 days ago
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0 comments

Pot Gangs Infiltrate Indian Reservations

"WARM SPRINGS, Ore. -- Police Chief Carmen Smith says he knows three things about... more

rodstradamus
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16 days ago
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24 comments

Judge Napolitano On Why The Patriot Act is Unconstitutional

Judge Andrew Nepalitano speaks about why the Patriot Act is unconstitutional and why... more

shanklinmike
added this
20 days ago
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17 comments

Congressman Joe Courtney Interviewed by William Landers

William Landers general partner of Ameriborn Constitution News, interviews Congressman... more

williamlanders
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20 days ago
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Scholars reject Obama's Stance on Warrantless Cellphone Recording

The Obama administration’s position that the government can force mobile carriers to hand over cellphone tower location information on their customers without a warrant is wrong, two legal scholars say.

"Because CSLI acquisition is hidden, indiscriminate and intrusive, and because it reveals information over a period of time, it should be subject to the highest level of Fourth Amendment oversight (the same procedures used for wiretapping and video surveillance)," the scholars wrote late Friday.

The scholars are Susan Freiwald, of the USF School of Law, and Peter Swire, of Ohio State University.

Their words, published by the American Constitution Society, came a month after the Justice Department made its claim in a little-noticed case that the Fourth Amendment right to be free from unreasonable searches and seizures did not apply.

Most Americans have or will carry a mobile phone in their lifespan, so the outcome could have wide-ranging privacy ramifications. Smartphones, like the iPhone, use cell-tower information to power geo-location applications like Google Maps.

In a case pending before the 3rd U.S. Circuit Court of Appeals, the government maintains it can require federal judges to order mobile phone companies to release historical cell-tower information of a phone number without probable cause — the standard required for a search warrant.

While judges have differed on the issue, the resulting evidence can be used in a criminal prosecution. The case on appeal concerns a Pennsylvania judge who rejected the government’s position in a drug prosecution that the new administration inherited.

Mobile-phone providers keep cell-site information for up to 18 months. Historical cell-site location information includes the tower connected at the beginning of a call and at the end of the call. The government does not claim a warrantless right to cell-site information for future calls, only for calls already dialed.

"Cellular providers could, if they wanted, keep track of your cell phone’s location every seven seconds," the scholars wrote, "because your phone ‘registers’ that often with the nearest tower."The Obama administration’s position that the government can force mobile carriers to... more