Nov
20
ACS Holiday Reception
November 20, 2009 | | Leave a Comment
Please join the Board, staff, fellow ACS members and supporters and special guests as we celebrate another successful year for the American Constitution Society. We will thank outgoing Board members Teresa Wynn Roseborough and Paul Smith for their outstanding service and hear welcome remarks from our distinguished speaker:
Thomas J. Perrelli
Associate Attorney General of the United States
Thursday, December 3
6:00 - 8:00 p.m.
American Constitution Society
1333 H Street NW, 10th Floor
Washington, DC 20005
Nov
18
It’s Time to Close Guantanamo?
November 18, 2009 | | Leave a Comment
President Obama’s plan to transport suspected terrorists from Guantanamo Bay, Cuba to the United States to be tried in American criminal courts came one step closer to fruition on Tuesday when congress voted down a measure to prevent the move. Nevertheless, those who oppose the president’s plan have not given up hope. Rep. Mark Kirk, R-Ill., assured Fox News on Tuesday that “the closure of Guantanamo is ‘not a fait accompli.’”
The strategy of those in opposition to the plan seems to be to stall its progress for as long as possible, hoping that the closer to the congressional elections in next November we get, the fewer senators will be able to afford supporting the president on this one, and… they may be right. Public support for the measure isn’t exactly soaring.
According to Rasmussen Reports, 51% of American voters oppose the president’s plan to try suspected 9/11 terrorists in New York. Only 30% of American voters believe that suspected terrorists should have access to U.S. courts. And, 55% of Americans are opposed to the president’s plan to close the infamous Guantanamo Bay detention center by January. Support for the plan has been shrinking pretty much since it was announced. With numbers like these, what incumbent would want voters going into the booth with their support for such an unpopular plan fresh on their minds?
Nov
16
On the Regulation of Corporate Political Speech
November 16, 2009 | | Leave a Comment
By Professor Alan J. Meese
The Blog of the William and Mary Chapter of the American Constitution Society recently posted an article reporting on and summarizing William Van Alstyne’s November 11 lecture regarding Citizens United v. Federal Election Commission, currently pending before the Supreme Court. At the end of the last term, the Court ordered reargument in the case, asking the parties to address whether, for instance, the Federal Government may, consistent with the First Amendment, ban speech by Corporations in support of or in opposition to a particular political candidate. The Court first approved such a ban in Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), in a 6-3 decision. Two justices presently on the Court dissented: Justice Kennedy and Justice Scalia. (Justice O’Connor, it should be noted, joined Justice Kennedy’s dissent).
Among other things, the ACS article summarizes the case for stringent regulation of corporate speech as such:
“Generally speaking, the campaign reform acts were put into place to prevent large commercial corporations from being able to contribute a large, disproportionate amount of money towards a particular campaign under the idea that such a contribution would make the democratic process less pure. Another reason why the campaign reform statutes were enacted was the fact that people purchase stocks from a corporation to further their own economic interest – not to make a political statement. The Supreme Court has upheld these campaign reform acts in the past, finding that a commercial corporation contributing money from its treasury to a candidate comes too close to bribery.”
Nov
13
A New Approach to Prisoner Treatment
November 13, 2009 | Tagged prison reform | Leave a Comment
Statistics about America’s prison system are disturbing.The United States has the highest prison population rate in the world; as of 2008, it was 756 inmates per 100,000 people. There were 2,310,984 inmates in American prisons and jails as of June 2008. This number has quadrupled since 1980, due not to an increase in violent crimes but rather as a result of the “get tough” movement, which included such policies as mandatory sentencing, ‘three strikes’ laws, and a reduction in the use of parole, and has resulted in striking increases in arrests for drug possession. As Scott Turow has noted, 
“these days, you can get life in California for your third felony, even if it’s swiping a few videotapes from a Kmart.” In light of such startling figures, it is important to consider why we lock people up.
The goals of incarceration are various and can run counter to one another. Retribution, deterrence, and incapacitation are all reasonable purposes of incarceration, and the American prison system seems to have embraced such approaches. But rehabilitation is also a legitimate goal. And there are a variety of programs attempting to improve the lives of those convicted of crimes. These include efforts outside of prisons, such as drug courts, which give non-violent substance abuse offenders the opportunity to choose treatment over jail time. They also include programs inside of prisons, such as ‘restorative justice’ which is based on the idea that all sides would benefit if offenders could come to terms with what they have done and try to make amends with those they have harmed. A 2007 documentary explores one intriguing effort to make the goal of rehabilitation a reality.
The Dhamma Brothers, directed by psychotherapist/anthropologist Jenny Phillips, shows the remarkable and profound effects a silent meditation course has on a group of inmates, including rapists and murderers, at Donaldson Correctional Facility, a maximum security prison in Alabama, in 2002. Over the course of ten days, the inmates learn Vipassana meditation, an ancient Buddhist technique which originated in India and was transmitted and preserved in Burma for centuries. Vipassana has in recent years seen somewhat of an explosion in the West; there are many centers throughout the world, including throughout the United States and Canada. The course is rigorous and challenging. Participants meditate for 10 hours per day, starting out with breathing exercises, and around the fourth day switching to a focus on bodily sensations. Meditators pledge to maintain ‘noble silence’ until the final day; and no activities are allowed other than meditating, sleeping, walking, and eating; this means no reading, no writing, no exercising.
Nov
11
William Van Alstyne Speaks on Citizens United v. FEC
November 11, 2009 | | Leave a Comment
Today, William Van Alstyne, a professor at William and Mary Law, spoke on Citizens United v. FEC, a case heard before the Supreme Court this fall, and he offered his projections as to how this case is likely to be resolved. Van Alstyne pointed out that the case has vast implications for First Amendment rights and could greatly affect corporations’ abilities to become involved in political campaigns.
It is clear that the First Amendment applies to US citizens. What is not clear, however, is to what extent it applies to corporations. The Court has held that a corporate entity is considered a “person” under the Fourteenth and Fifth Amendments; however, the Court has not considered, until now, whether a corporation has rights protected by the First Amendment.
It is important to note, as Van Alstyne points out, that there is a distinction between strictly commercial corporations (like GM) and corporations that are non-profit but advancing ideological principles (like Citizens United). In addition, there is a further distinction between corporations that expend money from their general treasury to advance a cause and those that advance certain causes through PACs (political action committees), which solicit shareholders and others for specific funds.
Nov
9
On the Slippery Slope to Gay Marital Bliss
November 9, 2009 | Tagged gay marriage | Leave a Comment
On Friday, November 6, Andrew Koppelman, the John Paul Stevens Professor of Law at Northwestern, visited William & Mary School of Law and gave a talk on gay marriage. His speech was presented by the Institute of Bill of Rights Law and the American Constitution Society.
Koppelman stated that the gay marriage movement is one of the mot successful such movements in U.S. history; ten years ago, no gays could marry; in 1999, Vermont was the first state to allow it, and at present there are nine states, representing almost 25% of the United States by population, that give same-sex couple all the rights of married couples (though only four states actually use the term ‘marriage’). There is a clear trend towards continued acceptance of gay marriage: 58% of 18-34 year olds support it, whereas only 24% of those over 65 do.
Much of Koppelman’s talk focused on presenting a response to the work of the so-called ‘new natural law’ theorists, such as Robert George, John Finnis, and Patrick Lee. These thinkers have attempted to sketch out what makes the relationships of heterosexual couples intrinsically more valuable than those of homosexuals, even when the former couple is unable to conceive a child.
According to Koppelman, one of the approaches taken by these theorists includes the argument that heterosexual sex involves some ‘two in one-ness,’ or a biological unity, that gay sex doesn’t. According to this argument, each human is an incomplete, potential part of a mated pair that becomes one during the sex act.
Nov
7
Conspiracy
November 7, 2009 | Tagged Conspiracy, corruption, Crime | Leave a Comment
This week has been extremely hectic, so instead of gathering research, I will simply tell a personal story of mine.
In college, I was president of a national honor society, the National Society of Collegiate Scholars (NSCS.) In 2008, we held our national convention at the Coronado Springs Hotel in Orlando, Florida. It was here where I met Jeff Smith. Jeff was a politician who, at the age of 30, ran against Russ Carnahan for the 2004 Missouri congressional seat. The Carnahan family is synonymous with the Kennedy’s of Massachusetts. The Carnahan’s are a very prominent political family. Jeff entered as an unknown and throughout the campaign made a documentary titled “Can Mr. Smith get to Washington Anymore?” Jeff ran against nine other candidates in this crowded race and built an impressive foundation of political support. The end result? He narrowly lost against Russ in the democratic primaries.
Jeff would later go on to win a state senate seat in 2007 and, in 2008, flew down to Florida to speak with members of my organization. Jeff was a very nice guy and very charismatic. Despite his loss in 2004, I really could see his political career flourishing.
Let’s fast forward to two night ago. A friend of mine who writes for a national magazine contacted me. He was looking for stories of politicians who really made an impact in their communities. Instead of finding prominent politicians, however, he wanted to find people who are not nationally known. The theme was “ordinary people doing extraordinary things.”
Nov
3
Deeds v. McDonnell (round 2)
November 3, 2009 | | Leave a Comment
Deeds (D) and McDonnell (R) faced off once before, when they ran for attorney general. For those unfamiliar with Virginia politics, McDonnell won that race. This time Deeds and McDonnell are in a battle for governor. At this point, the odds are against the democratic candidate.
As of October 27, 2009, Deeds was thirteen points behind McDonnell in the polls. If anything could have given Deeds a boost, it should have been President Obama’s campaign appearance at Old Dominion University. The President’s appearance actually made 39% of those polled, less likely to vote for candidate Deeds. Voters seem to be more trusting of McDonnell on the major issues, such as government spending, transportation, and taxes.
One thing that continues to haunt McDonnell, is the thesis he wrote while he was a student at Regent University. McDonnell was thirty-four when he wrote his thesis, so the propositions he made cannot be blamed on his youth. As a student at Regent, McDonnell believed that women with careers were harmful to families, and that the government should “ favor married couples over fornicators and homosexuals”. He also thought access to birth control should be limited to married couples. McDonnell prefers to focus on the issues rather than his questionable beliefs. He does claim that he no longer harbors any negative feelings towards working women, fornicators, or homosexuals.
Nov
3
Beware the Prison-Industrial Complex
November 3, 2009 | | Leave a Comment
President Eisenhower’s last address to the American people warned them to “guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. . . in the councils of government.” He warned that, unchecked, the interests of an industry devoted to war could endanger the liberties and democratic processes of the American people. There is a similar, yet overlooked danger to our liberties as well today. The prison-industrial complex.
The Supreme Court of Pennsylvania not even a week ago overturned 6500 convictions and prison sentences of juvenile offenders in Luzerne County. No, it was not a “soft on crime” decision that declared imprisonment for juveniles unconstitutional. It declared that virtually every single juvenile to appear before the court in Luzerne County in the last five years had been the victim of the prison-industrial complex. Two judges, Mark Ciaverella and Michael Conhan, have been charged with accepting 2.8 million dollars in bribes from the owners of private prisons in Luzerne County to send some extra business their way. The judges were not only accepting bribes from the owners of the prison, but had convinced the county in 2002 that the current, government-run prison was unsafe, and that they should hire a private firm to do the job. Kids were sent to jail for stealing change from unlocked cars, and shooting out windows with a BB gun, among other minor offenses.
Well, at least they were caught, you might say. That is true. They will hopefully spend just as long, if not longer, in prison than the children they sent away for their own material gain. The children’s records will be expunged. But they cannot get back the months or years of their lives they spent in prison, the terror they likely experienced. The scars will follow them for a long time.
Nov
2
ACS Election Guide
November 2, 2009 | | Leave a Comment
The American Constitution Society has prepared the following Election Guide, which provides a brief summary of the positions of the candidates in tomorrow’s election for Governor, Lieutenant Governor, Attorney General, and the House of Delegates (64th District).
As a nonpartisan organization, ACS does not endorse or take a position on any candidate, but we hope this guide will be helpful to you as you make your choices tomorrow.
ACS Election Guide (click to download) (PDF)
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