Home
In this issue
December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review May 7, 2014 / 7 Iyar, 5774

Next President must fill Supreme Court vacancies with true constitutionalists

By Nat Hentoff




http://www.JewishWorldReview.com | On Monday, April 28, the Supreme Court unanimously refused to hear Hedges v. Obama, a case that includes the most broadly dangerous attacks on citizens' individual constitutional liberties in our history. Not a single justice was sufficiently shocked to sign a dissent against this grim silence, and the media have been largely indifferent.

The plaintiffs brought the lawsuit in protest of sections of the National Defense Authorization Act (NDAA) that were signed into law by President Barack Obama in December 2011. Read this part of Section 1021 of the NDAA and judge for yourself if I am exaggerating the far-ranging unconstitutionality of this law:

The Armed Forces of the United States, at the behest of the president, has the power to indefinitely "detain" without trial "a person" (including any American citizen) "who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces."

Take note: The word "detain" is Obama's euphemism for "imprison."

John Whitehead's Rutherford Institute filed an amicus brief in a lower court on behalf of the plaintiffs in Hedges v. Obama. The brief explained how the Supreme Court abandoned our First Amendment and other constitutional rights:

"Nobody -- including the Government arguing in favor of this provision -- can define the terms 'belligerent act,' 'substantial support' and 'associated groups' with any precision ...

"Unlike the definition of 'material support' in the Antiterrorism and Effective Death Penalty Act, which lists specific forms of prohibited assistance such as giving money, arms, or training to terrorist groups, the broad term 'substantial support' in the NDAA could be read to encompass an enormous range -- not only of conduct but of political speech and journalism.

"For example, would a journalist interviewing an al-Qaeda member be 'substantially supporting' al-Qaeda by giving that terrorist a media voice? What if the journalist were to ask a question or to make a comment that the Government deemed sympathetic to the interviewee? The terms of the statute could be read to penalize such press activities with indefinite detention without trial."

In fact, as this Rutherford Institute amicus brief indicated, the term "substantial support" could apply to this journalist: "Could someone protesting the detention of a terrorist held without trial, or even assisting in the legal defense effort of such a detainee, be herself (or himself) detained as providing 'substantial support' to the enemy? The terms of the statute do not answer such questions."

And what are the "associated forces" any of us are forbidden from supporting? Not that "supporting" is defined. There is no definition of it in the NDAA -- or of "belligerent."

Now dig this: During the New York district court proceedings that eventually led Hedges v. Obama to the blank wall at the Supreme Court, the judge asked the U.S. attorney representing the government which potential defendants could be subject to indefinite detention on the basis of organizations they supported. The attorney's answer was the official government position:

"I can't make specific representations as to particular plaintiffs. I can't give particular people a promise of anything."

Huh? Where in the Constitution can the government deny American citizens any knowledge of specific organizational connections, even in the course of their regular work, that could get them imprisoned indefinitely by the military and the president?

Here, then, is the path of this Chinese-style law to the Supreme Court: On Sept. 12, 2012, responding to Hedges v. Obama -- brought by, among other plaintiffs, former New York Times Pulitzer Prize-winning reporter Christopher Hedges -- Judge Katherine Forrest of the Southern District Court of New York ruled that "the Constitution requires specificity -- and that specificity is absent from (Section) 1021(b)(2)."

Forrest wrote in her ruling that this part of Section 1021 "impermissibly impinges on guaranteed First Amendment rights and lacks sufficient definitional structure and protections to meet the requirements of due process."

But President Obama, of course, appealed this district court's abolition of indefinite imprisonments without trial and other due process to the Second Circuit Court of Appeals, which sided with him in its ruling last summer. The court agreed that these journalists and other plaintiffs had no standing to challenge the indefinite imprisonments, ignoring the reasons already shown in this column and in the briefs to the Supreme Court, which then nonetheless decided the free speech and due process claims were not worthy of its attention.

I return to Judge Forrest, whose initial ruling speaks for all of us, now that we have been abandoned by the Supreme Court:

"The due process rights guaranteed by the Fifth Amendment require that an individual understand what conduct might subject him or her to criminal or civil penalties" that now include "indefinite military detention -- potential detention during a war on terrorism that is not expected to end in the foreseeable future, if ever."

I ask you readers: Whom will you vote for in the 2016 presidential and congressional elections who will return such of our individual constitutional liberties to us as the First and Fifth Amendments?

As James Madison and Thomas Jefferson warned us, it's up to We The People to remain free -- of both Barack Obama and the Supreme Court.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.


Nat Hentoff is a nationally renowned authority on the First Amendment and the Bill of Rights and author of several books, including his current work, "The War on the Bill of Rights and the Gathering Resistance". Comment by clicking here.

Nat Hentoff Archives

© 2013, NEA

Columnists

Toons

Lifestyles

Quantcast