Tuesday, June 22, 2004

From blog correspondent Lee Penn
US Supreme Court: No right to keep name from police
LP: In the current issue of the Journal of the Spiritual Counterfeits Project, I have an article titled "When the state becomes god" - an history, current overview, and projection of the destruction of freedom in the US.

One of my predictions is coming to pass.

(The magazine is available for order by e-mailing SCP at scp@scp-inc.org or by calling them in Berkeley, CA at 510-540-0300 from 9 to 5 West Coast time.)

In the article, which I prepared in April, I wrote:

"In 2000, Nevada police arrested a man who refused to identify himself to them, even though he had not (yet) been arrested or charged with a crime. In March 2004, the Supreme Court heard arguments on the case; its decision will determine whether a police request for "your papers, please" now is a legally enforceable order."

I predicted how the High Court would rule on civil liberties cases:

"Several Supreme Court justices have said that they will not stand in the way. In March 2003, Justice Antonin Scalia told a gathering at John Carroll University that "most of the rights you enjoy go way beyond what the Constitution requires," because "the Constitution just sets minimums;" during war, "the protections will be ratcheted down to the constitutional minimum." Soon after the attack on the World Trade Center, Justice Sandra Day O'Connor said that Americans are "likely to experience more restrictions on our personal freedom than has ever been the case in our country." In 1998, Chief Justice Rehnquist wrote, in his book All the Laws But One: Civil Liberties in Wartime, that "In time of war, presidents may act in ways that push their legal authority to its outer limits, if not beyond." Three of the nine Justices have telegraphed their intent: when the President says "jump," they will say, "how high?""

Some cases, such as the "enemy combatant" case, are still to be decided.

Welcome to the New Prussia. [End.]

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