position:chief justice

  • The Rise and Fall of the Latin American Left | The Nation
    https://www.thenation.com/article/the-ebb-and-flow-of-latin-americas-pink-tide

    Conservatives now control Latin America’s leading economies, but the region’s leftists can still look to Uruguay for direction.
    By Omar G. Encarnación, May 9, 2018

    Last December’s election of Sebastián Piñera, of the National Renewal party, to the Chilean presidency was doubly significant for Latin American politics. Coming on the heels of the rise of right-wing governments in Argentina in 2015 and Brazil in 2016, Piñera’s victory signaled an unmistakable right-wing turn for the region. For the first time since the 1980s, when much of South America was governed by military dictatorship, the continent’s three leading economies are in the hands of right-wing leaders.

    Piñera’s election also dealt a blow to the resurrection of the Latin American left in the post–Cold War era. In the mid-2000s, at the peak of the so-called Pink Tide (a phrase meant to suggest the surge of leftist, noncommunist governments), Venezuela, Argentina, Brazil, Chile, Uruguay, Paraguay, Ecuador, and Bolivia, or three-quarters of South America’s population (some 350 million people), were under left-wing rule. By the time the Pink Tide reached the mini-state of Mexico City, in 2006, and Nicaragua, a year later (culminating in the election of Daniel Ortega as president there), it was a region-wide phenomenon.

    It’s no mystery why the Pink Tide ran out of steam; even before the Chilean election, Mexican political scientist Jorge Castañeda had already declared it dead in The New York Times. Left-wing fatigue is an obvious factor. It has been two decades since the late Hugo Chávez launched the Pink Tide by toppling the political establishment in the 1998 Venezuelan presidential election. His Bolivarian revolution lives on in the hands of his handpicked successor, Nicolás Maduro, but few Latin American governments regard Venezuela’s ravaged economy and diminished democratic institutions as an inspiring model. In Brazil, the Workers’ Party, or PT, was in power for 14 years, from 2002 through 2016, first under its founder, Luiz Inácio Lula da Silva, between 2003 and 2011, and then under his successor and protégée, Dilma Rousseff, from 2011 to 2016. The husband-and-wife team of Néstor Kirchner and Cristina Fernández de Kirchner of the Peronist Party governed Argentina from 2003 to 2015. Socialist Michelle Bachelet had two nonconsecutive terms in office in Chile, from 2006 to 2010 and from 2014 to 2018.

    Economic turmoil and discontent is another culprit. As fate would have it, the Pink Tide coincided with one of the biggest economic expansions in Latin American history. Its engine was one of the largest commodities booms in modern times. Once the boom ended, in 2012—largely a consequence of a slowdown in China’s economy—economic growth in Latin America screeched to a halt. According to the International Monetary Fund, since 2012 every major Latin American economy has underperformed relative to the previous 10 years, with some economies, including that of Brazil, the region’s powerhouse, experiencing their worst recession in decades. The downturn reined in public spending and sent the masses into the streets, making it very difficult for governments to hang on to power.

    Meanwhile, as the commodity boom filled states’ coffers, leftist politicians became enmeshed in the same sorts of corrupt practices as their conservative predecessors. In April, Lula began serving a 12-year prison sentence for having accepted bribes in exchange for government contracts while in office. His prosecution, which in principle guarantees that he will not be a candidate in this year’s presidential race, was the high point of Operation Car Wash, the biggest anti-corruption dragnet in Brazilian history. Just after leaving office, in 2015, Cristina Fernández de Kirchner was indicted for fraud for conspiring with her former public-works secretary, José López, to steal millions of federal dollars intended for roadwork in Argentina. The “nuns and guns” scandal riveted the country, with the arrest of a gun-toting López as he hurled bags stuffed with millions of dollars over the walls of a Catholic convent in a suburb of Buenos Aires. In Chile, Bachelet left office under a cloud of suspicion. Her family, and by extension Bachelet herself, is accused of illegal real-estate transactions that netted millions of dollars.

    All this said, largely overlooked in obituaries of the Pink Tide is the right-wing backlash that it provoked. This backlash aimed to reverse the shift in power brought on by the Pink Tide—a shift away from the power brokers that have historically controlled Latin America, such as the military, the Catholic Church, and the oligarchy, and toward those sectors of society that have been marginalized: women, the poor, sexual minorities, and indigenous peoples. Rousseff’s impeachment in 2016 perfectly exemplifies the retaliation organized by the country’s traditional elites. Engineered by members of the Brazilian Congress, a body that is only 11 percent female and has deep ties to industrial barons, rural oligarchs, and powerful evangelical pastors, the impeachment process was nothing short of a patriarchal coup.

    In a 2017 interview, Rousseff made note of the “very misogynist element in the coup against me.… They accused me of being overly tough and harsh, while a man would have been considered firm, strong. Or they would say I was too emotional and fragile, when a man would have been considered sensitive.” In support of her case, Rousseff pointed out that previous Brazilian presidents committed the same “crime” she was accused of (fudging the national budget to hide deficits at reelection time), without any political consequence. As if to underscore the misogyny, Rousseff’s successor, Michel Temer, came into office with an all-male cabinet.

    In assessing the impact of the Pink Tide, there is a tendency to bemoan its failure to generate an alternative to neoliberalism. After all, the Pink Tide rose out of the discontent generated by the economic policies championed by the United States and international financial institutions during the 1990s, such as privatizations of state enterprises, austerity measures, and ending economic protectionism. Yet capitalism never retreated in most of Latin America, and US economic influence remains for the most part unabated. The only significant dent on the neoliberal international order made by the Pink Tide came in 2005, when a massive wave of political protests derailed the George W. Bush administration’s plan for a Free Trade Area of the Americas, or FTAA. If enacted, this new trade pact would have extended the North American Free Trade Agreement (NAFTA) to all countries in the Americas save for Cuba, or 34 nations in total.

    But one shouldn’t look at the legacy of the Pink Tide only through the lens of what might have been with respect to replacing neoliberalism and defeating US imperialism. For one thing, a good share of the Pink Tide was never anti-neoliberal or anti-imperialist. Left-wing rule in Argentina, Brazil, Uruguay, and Chile (what Castañeda called the “good left”) had more in common with the social-democratic governments of Western Europe, with its blend of free-market economics and commitment to the welfare state, than with Cuba’s Communist regime.

    Indeed, only in the radical fringe of the Pink Tide, especially the triumvirate of Chávez of Venezuela, Evo Morales of Bolivia, and Rafael Correa of Ecuador (the “bad left,” according to Castañeda), was the main thrust of governance anti-neoliberal and anti-imperialist. Taking Cuba as a model, these self-termed revolutionaries nationalized large sectors of the economy, reinvigorated the role of the state in redistributing wealth, promoted social services to the poor, and created interstate institutions, such as the Bolivarian Alliance for the Peoples of Our America, or ALBA, to promote inter-American collaboration and to challenge US hegemony.

    Second, the focus on neoliberalism and US imperialism obscures the Pink Tide’s biggest accomplishments. To be sure, the picture is far from being uniformly pretty, especially when it comes to democracy. The strong strand of populism that runs through the Pink Tide accounts for why some of its leaders have been so willing to break democratic norms. Claiming to be looking after the little guy, the likes of Chávez and Maduro have circumvented term limits and curtailed the independence of the courts and the press. But there is little doubt that the Pink Tide made Latin America more inclusive, equitable, and democratic, by, among other things, ushering in an unprecedented era of social progressivism.

    Because of the Pink Tide, women in power are no longer a novelty in Latin American politics; in 2014, female presidents ruled in Argentina, Brazil, and Chile. Their policies leave little doubt about the transformative nature of their leadership. In 2010, Fernández boldly took on the Argentine Catholic Church (then headed by present-day Pope Francis) to enact Latin America’s first ever same-sex marriage law; this was five years before same-sex marriage became the law of the land in the United States. A gender-identity law, one of the world’s most liberal, followed. It allows individuals to change their sex assigned at birth without permission from either a doctor or a judge. Yet another law banned the use of “conversion therapy” to cure same-sex attraction. Argentina’s gay-rights advances were quickly emulated by neighboring Uruguay and Brazil, kick-starting a “gay-rights revolution” in Latin America.

    Rousseff, who famously referred to herself with the gender-specific title of a presidenta, instead of the gender-neutral “president,” did much to advance the status of women in Brazilian society. She appointed women to the three most powerful cabinet positions, including chief of staff, and named the first female head of Petrobras, Brazil’s largest business corporation; during her tenure in office, a woman became chief justice of the Federal Supreme Court. Brutally tortured by the military during the 1970s, as a university student, Rousseff put human rights at the center of Brazilian politics by enacting a law that created Brazil’s first ever truth commission to investigate the abuses by the military between 1964 and 1985. She also signed laws that opened the Brazilian Army to women and that set into motion the corruption campaign that is currently roiling the Brazilian political class. These laws earned Rousseff the enmity of the military and conservatives.

    Bachelet, the last woman standing, made news when she entered office, in 2006, by naming the same number of men and women to her cabinet. After being term-limited, she became the first head of the newly established UN Women (formally known as the United Nations Entity for Gender Equality and the Empowerment of Women), before returning to Chile to win a second term at the presidency in 2014. During her second term, she created the Ministry of Gender Equality to address gender disparities and discrimination, and passed a law that legalized abortion in cases of rape, when there is a threat to the life of the mother, or when the fetus has a terminal condition. Less known is Bachelet’s advocacy for the environment. She weaned Chile off its dependence on hydrocarbons by building a vast network of solar- and wind-powered grids that made electricity cheaper and cleaner. She also created a vast system of national parks to protect much of the country’s forestland and coastline from development.

    Latin America’s socioeconomic transformation under the Pink Tide is no less impressive. Just before the economic downturn of 2012, Latin America came tantalizingly close to becoming a middle-class region. According to the World Bank, from 2002 to 2012, the middle class in Latin America grew every year by at least 1 percent to reach 35 percent of the population by 2013. This means that during that time frame, some 10 million Latin Americans joined the middle class every year. A consequence of this dramatic expansion of the middle class is a significant shrinking of the poor. Between 2000 and 2014, the percentage of Latin Americans living in poverty (under $4 per day) shrank from 45 to 25 percent.

    Economic growth alone does not explain this extraordinary expansion of the Latin American middle class and the massive reduction in poverty: Deliberate efforts by the government to redistribute wealth were also a key factor. Among these, none has garnered more praise than those implemented by the Lula administration, especially Bolsa Família, or Family Purse. The program channeled direct cash payments to poor families, as long as they agreed to keep their children in school and to attend regular health checkups. By 2013, the program had reached some 12 million households (50 million people), helping cut extreme poverty in Brazil from 9.7 to 4.3 percent of the population.

    Last but not least are the political achievements of the Pink Tide. It made Latin America the epicenter of left-wing politics in the Global South; it also did much to normalize democratic politics in the region. With its revolutionary movements crushed by military dictatorship, it is not surprising that the Latin American left was left for dead after the end of the Cold War. But since embracing democracy, the left in Latin America has moderated its tactics and beliefs while remaining committed to the idea that deliberate state action powered by the popular will is critical to correcting injustice and alleviating human suffering. Its achievements are a welcome antidote to the cynicism about democratic politics afflicting the American left.

    How the epoch-making legacy of the Pink Tide will fare in the hands of incoming right-wing governments is an open question. Some of the early signs are not encouraging. The Temer administration in Brazil has shown a decidedly retro-macho attitude, as suggested by its abolishment of the Ministry of Women, Racial Equality, and Human Rights (its functions were collapsed into the Ministry of Justice) and its close ties to a politically powerful evangelical movement with a penchant for homophobia. In Argentina, President Mauricio Macri has launched a “Trumpian” assault on undocumented immigrants from Bolivia, Paraguay, and Peru, blaming them for bringing crime and drugs into the country. Some political observers expect that Piñera will abridge or overturn Chile’s new abortion law.

    But there is reason for optimism. Temer and Macri have been slow to dismantle anti-poverty programs, realizing that doing so would be political suicide. This is hardly surprising, given the success of those programs. Right-wing governments have even seen fit to create anti-poverty programs of their own, such as Mexico’s Prospera. Moreover, unlike with prior ascents by the right in Latin America, the left is not being vanished to the political wilderness. Left-wing parties remain a formidable force in the legislatures of most major Latin American countries. This year alone, voters in Brazil, Mexico, and Colombia will have presidential elections, raising the prospect that a new Pink Tide might be rising. Should this new tide come in, the Latin American left would do well to reform its act and show what it has learned from its mistakes.

    Latin American leftists need not look far to find a model to emulate: Uruguay. It exemplifies the best of the Pink Tide without its excesses. Frente Amplio, or Broad Front, a coalition of left-wing parties in power since 2005, has put the country at the vanguard of social change by legalizing abortion, same-sex marriage, and, most famously, recreational marijuana. For these reasons alone, in 2013 The Economist chose “liberal and fun-loving” Uruguay for its first ever “country of the year” award.

    Less known accomplishments include being one of only two countries in Latin America that enjoy the status of “high income” (alongside Chile), reducing poverty from around 40 percent to less than 12 percent from 2005 to 2014, and steering clear of corruption scandals. According to Transparency International, Uruguay is the least corrupt country in Latin America, and ranks among the world’s 25 least corrupt nations. The country also scored a near perfect 100 in Freedom House’s 2018 ranking of civil and political freedoms, virtually tied with Canada, and far ahead of the United States and neighboring Argentina and Brazil. The payoff for this much virtue is hard to ignore. Among Latin American nations, no other country shows more satisfaction with its democracy.

    Omar G. EncarnaciónOmar G. Encarnación is a professor of political studies at Bard College and author of Out in the Periphery: Latin America’s Gay Rights Revolution.

    #politique #amérique_latine #impérialisme

  • The Chennai Six - Justice for Crew of M/V Seaman Guard Ohio – gCaptain
    http://gcaptain.com/chennai-six-justice-crew-mv-seaman-guard-ohio

    Some stories are worth telling over, this is one. Perhaps the reader will recall a rather spectacular international story from 2013 regarding an anti-piracy ship called the ‘Seaman Guard Ohio’. It was a floating armory ship owned by an American company named AdvanFort. The ship contracted and supplied mobile ‘anti-piracy’ personnel to merchant vessels transiting the dangerous waters of the Arabian Sea and the Persian Gulf. In-between assignments the guards would stand by on the ship for ready deployment.
    […]
    After many delays involving nearly another year of time, on January 11, 2016, the ship’s entire complement was convicted and sentenced to five years in prison. Lawyers for the crew members and guards appealed the decision in late 2016, and to date are still awaiting an answer from the Indian courts. As of this writing, the men have served over two years of their five-year sentence. There have been multiple discussions between both governments regarding the case, so far to no avail. There is currently an effort underway to submit a petition to the Chief Justice of the Indian Supreme Court, likely the last chance the men have to overturn the decision.

    #sombre_histoire

  • Historians Question Trump’s Comments on Confederate Monuments - The New York Times
    https://www.nytimes.com/2017/08/15/arts/design/trump-robert-e-lee-george-washington-thomas-jefferson.html

    President Trump is not generally known as a student of history. But on Tuesday, during a combative exchange with reporters at Trump Tower in New York, he unwittingly waded into a complex debate about history and memory that has roiled college campuses and numerous cities over the past several years.

    Asked about the white nationalist rally that ended in violence last weekend in Charlottesville, Va., Mr. Trump defended some who had gathered to protect a statue of Robert E. Lee, and criticized the “alt-left” counterprotesters who had confronted them.

    Many of those people were there to protest the taking down of the statue of Robert E. Lee,” Mr. Trump said. “So this week, it is Robert E. Lee. I noticed that Stonewall Jackson is coming down.

    George Washington and Thomas Jefferson, the president noted, were also slave owners. “I wonder, is it George Washington next week?” Mr. Trump said. “And is it Thomas Jefferson the week after?
    […]
    Mr. Grossman [executive director of the American Historical Association] noted that most Confederate monuments were constructed in two periods: the 1890s, as Jim Crow was being established, and in the 1950s, during a period of mass Southern resistance to the civil rights movement.

    We would not want to whitewash our history by pretending that Jim Crow and disenfranchisement or massive resistance to the civil rights movement never happened,” he said. “That is the part of our history that these monuments testify to.

    How the events in Charlottesville, and Mr. Trump’s comments, will affect the continuing debate over Confederate monuments remains to be seen. Mr. Witt [a professor of history at Yale], for one, suggested that white nationalist support might backfire.

    He noted that it was the 2015 murder of nine African-American churchgoers in Charleston, S.C., by a white supremacist that led to the removal of the Confederate flag from the grounds of the statehouse.

    The amazing thing is that the president is doing more to endanger historical monuments than most of the protesters,” he said. “The alt-right is producing a world where there is more pressure to remove monuments, rather than less.

    • Baltimore Removes Confederate Statues in Overnight Operation | 2017-08-16

      https://www.nytimes.com/2017/08/16/us/baltimore-confederate-statues.html

      [...]


      Workers removed the Robert E. Lee and Thomas J. “Stonewall” Jackson monument in Baltimore.

      Beginning soon after midnight on Wednesday, a crew, which included a large crane and a contingent of police officers, began making rounds of the city’s parks and public squares, tearing the monuments from their pedestals and carting them out of town.

      [...]

      Small crowds gathered at each of the monuments and the mood was “celebratory,” said Baynard Woods, the editor at large of The Baltimore City Paper, who documented the removals on Twitter.

      [...]

      The statues were taken down by order of Mayor Catherine Pugh, after the City Council voted on Monday for their removal. The city had been studying the issue since 2015, when a mass shooting by a white supremacist at a historic black church in Charleston, S.C., prompted a renewed debate across the South over removing Confederate monuments and battle flags from public spaces.
      The police confirmed the removal.

      [...]

      By 3:30 a.m., three of the city’s four monuments had been removed. They included the Robert E. Lee and Thomas J. “Stonewall” Jackson Monument, a double equestrian statue of the Confederate generals erected in 1948; the Confederate Soldiers and Sailors Monument, erected in 1903; and the Roger B. Taney Monument, erected in 1887.

      [...]

      Taney was a Supreme Court chief justice and Maryland native who wrote the landmark 1857 decision in the Dred Scott case, ruling that even free blacks had no claim to citizenship in the United States. Although Taney was never part of the Confederacy, the court’s decision was celebrated by supporters of slavery.

      The fourth statue, the Confederate Women’s Monument, was dedicated in 1917. Pictures showed that it too had been taken down early on Wednesday.

      [...]

      One Twitter user, James MacArthur, live-streamed the removal of the Lee and Jackson monument as it was unceremoniously torn from its pedestal and strapped to a flatbed truck. At street level, lit by the harsh glare of police klieg lights, the two generals appeared small.

      Residents were seen celebrating on the pedestal, on which someone had spray-painted “Black Lives Matter.”

      [...]

      A team of police cars escorted the statues out of town. Ms. Pugh suggested on Monday that the statues might be relocated to Confederate cemeteries elsewhere in the state. (Although Maryland never seceded from the Union during the Civil War, there was popular support for the Confederacy in Baltimore and Southern Maryland, where Confederate soldiers are buried.)

      [...]

      trouvé en cherchant au réseau

      #Baltimore #Charlottesville #statues #États_Unis
      #suprématisme_blanc #iconoclasme #Confédération #histoire #racisme #esclavage

    • Baltimore Removes Confederate Statues After Activists Gave City Ultimatium | (#vidéo 7’15’’) TRNN 2017-08-16

      https://www.youtube.com/watch?v=A38qI75uwQE

      [...]

      Owen Silverman Andrews: Sure, I think it’s exciting, and the culmination of intense, years-long grassroots organizing and pressure that was a flashpoint, like you said, when white supremacist violence occurred in Charleston and then again in Charlottesville, but also in response to ongoing white supremacist violence here in Baltimore City. And so Fredrick Douglass said, “Power yields nothing without demand.” And that’s exactly what happened here. It was, “Oh, this is too expensive. This will take too long,” and ultimately, when push comes to shove, the government will respond when we force the government to respond and not before.

      Jaisal Noor: And so defenders, even liberal defenders I talk to say, “This is history. We can’t remove history. It needs to be preserved. We shouldn’t take them down.” How do you respond to those arguments?

      Owen Silverman Andrews: Sure. The Lee/Jackson monument is not history. It’s a false narrative. It’s the Lost Cause mythology. It was put up in the 1940s, not to honor fallen Confederate veterans like some of the older monuments supposedly were alluding to, but it was put up as a triumphant symbol of rising white supremacy and resurgent white power. And so leaving the Lee/Jackson statue in place is the erasure of history, not the removal of it. If you look at the way Nazi Germany, for example, has dealt with their past, they do not leave statues of Hitler and Eichmann in place. They remove them and put up plaques and said, “Jewish families lived here,” and that’s the way to remember history. Not to leave up triumphant statues of genocidal maniacs.

      Jaisal Noor: Yeah, and you didn’t hear those same people defending the statues of Saddam in Iraq.

      Owen Silverman Andrews: Exactly. Exactly. It’s a false logic, and it’s a defense mechanism of people who can’t grapple with either their own privilege or internalized white supremacy, and so we can remember history without celebrating slavery and genocide and rape.

      Jaisal Noor: And so is the work now done now that this is down?

      Owen Silverman Andrews: Columbus is next. There are two Columbus statues in Baltimore, One in Druid Hill Park, and another in Little Italy. And if those don’t come down based on government action from the City, then they’ll come down based on #grassroots_action. So those are the next two, Columbus in Druid Hill and Columbus in Little Italy. Columbus started the trans-Atlantic slave trade. He brought syphilis to the hemisphere. He was a rapist who took indigenous women to Europe and had sex with them against their will, and so we’re planning a funeral for Columbus to lay him to rest, and to move onto the next chapter so we can celebrate people like Thurgood Marshall and Harriet Tubman and Frederick Douglass, and hold up those leaders who struggled against that type of oppression instead of honoring those who initiated it.

      ||

      trouvé en cherchant dans le réseau

      #air_du_temps #goût_du_jour
      #bouleversement
      #séquelles #activisme

  • Nos spécialistes de la légalité internationale à la manœuvre: The U.S. Can Get Julian Assange - Avoid extradition and use secret services to airlift him to stand trial in America.
    https://www.wsj.com/articles/the-u-s-can-get-julian-assange-1495403122

    Julian Assange is all smiles after Sweden dropped its rape charge against him. He may be hoping to make it to Ecuador, which is unlikely to extradite him to America. Then again, we could always seize him and spirit him here to face justice. We wouldn’t have to resort to the extradition process. The Supreme Court might even prefer it that way.

    Take it from the late Chief Justice William Rehnquist, who wrote the opinion in U.S. v. Alvarez-Machain (1992). It suggests that if America has a hand in kidnapping a culprit from foreign shores to bring him to justice here, the Supreme Court is not going to be too particular.

    […]

    Which brings us to Mr. Assange. If his plan is to slink to Ecuador and if the U.S. really wants him, it might do better by avoiding extradition and turning to our secret services to airlift him to stand trial in America.

    Even if America kidnaps him, that might not be the end of the story. Witness the denouement of the saga of Dr. Alvarez-Machain, who was put on trial in the same district court that shrank from trying him originally. The judge acquitted him before the case went to the jury. Dr. Alvarez-Machain then sued America and the Mexicans who’d kidnapped him in league with the DEA. That case, too, went to the Supreme Court, where in 2004 Dr. Alvarez-Machain lost unanimously.

    It’s not clear the U.S. wants to put Mr. Assange on trial. If it does, though, the moral of Alvarez-Machain is that it doesn’t have to be squeamish about how it gets him here, even if he’s hiding south of the border.

  • Oskar Lafontaine, James Madison et Friedrich August von Hayek
    http://www.jungewelt.de/m/2016/02-20/013.php


    Oskar Lanfontaine cite James Madison dans son discours pour la conférence permanente du Plan B en Europe.

    Nach dem Zweiten Weltkrieg wurde der Traum von einem vereinten Europa, den Victor Hugo auf der Pariser Friedenskonferenz am 21. August 1849 geboren hat, wieder lebendig. Die Menschen wollten endlich Frieden, sie wollten Demokratie, Wohlstand und soziale Sicherheit.

    Das heutige Europa ist nicht das Europa Victor Hugos, sondern das Europa, das der Säulenheilige des Neoliberalismus, Friedrich August von Hayek, entworfen hat. Internationale Verträge, so seine Idee, sollten sicherstellen, dass das Wirken der Marktkräfte nicht durch demokratische Entscheidungen behindert werden könne. Das ist der Geist, der die europäischen Verträge und die transatlantischen Verträge wie TTIP bestimmt. Es ist derselbe Geist, der schon die Gründerväter der Vereinigten Staaten leitete: » The Primary function of Goverment is to protect the minority of the opulent from the majority of the poor .« »Die vorrangige Funktion einer Regierung ist es, die Minderheit der Reichen vor der Mehrheit der Armen zu schützen«, sagte James Madison, einer der Gründerväter der amerikanischen Verfassung.

    Je connaissais le célèbre dicton de Waren Buffet , mais je suis surpris par ces mots énoncés sans ambiguïté par l’auteur de la constitution de 1776 qui promet le bonheur à chacun.

    Quand on regarde la phrase dans son contexte elle est encore plus révélatrice.
    http://politics.stackexchange.com/questions/8793/what-did-james-madison-try-to-say-when-talking-about-agraria

    In 1787, James Madison, the fourth President of the United States, traditionally regarded as the Father of the United States Constitution, in the debates on Constitution, declared the following:

    “The man who is possessed of wealth, who lolls on his sofa or rolls in his carriage, cannot judge the wants or feelings of the day-laborer. The government we mean to erect is intended to last for ages. The landed interest, at present, is prevalent; but in process of time, when we approximate to the states and kingdoms of Europe, — when the number of landholders shall be comparatively small, through the various means of trade and manufactures, will not the landed interest be overbalanced in future elections, and unless wisely provided against, what will become of your government? In England, at this day, if elections were open to all classes of people, the property of landed proprietors would be insecure. An agrarian law would soon take place. If these observations be just, our government ought to secure the permanent interests of the country against innovation. Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check the other. They ought to be so constituted as to protect the minority of the opulent against the majority. The senate, therefore, ought to be this body; and to answer these purposes, they ought to have permanency and stability.”

    Après la lecture de ce classique on comprend mieux les textes modernes :

    Why It’s Impossible to Indict a Cop
    http://www.thenation.com/article/why-its-impossible-indict-cop

    SCOTUS and the license to kill

    Chapter 563 of the Missouri Revised Statutes grants a lot of discretion to officers of the law to wield deadly force, to the horror of many observers swooping in to the Ferguson story. The statute authorizes deadly force “in effecting an arrest or in preventing an escape from custody” if the officer “reasonably believes” it is necessary in order to “to effect the arrest and also reasonably believes that the person to be arrested has committed or attempted to commit a felony…or may otherwise endanger life or inflict serious physical injury unless arrested without delay.”

    But this law is not an outlier, and is fully in sync with Supreme Court jurisprudence.

    The feeling of being under occupation by an armed force that cares more about meeting revenue quotas than public security corrodes all trust in law enforcement, and is the sort of environment in which police are more likely to open fire.

    The state of emergency that Missouri governor Jay Nixon declared on November 17 seems all too likely to encourage the police overkill, both petty and heavily militarized, that shocked the world over the summer, when much of the state’s use of force against demonstrators was of dubious legality.

    Malheureusement ces observations ne se limitent pas aus États-Unis. Quand on ouvre le livre Les Raisins de la colère , on y rencontre des déscriptions qui ressemblent trop à la situation des réfugiés en route pour l’Europe aujourd’hui. Pourvu que les peuples d’Europs sachent les acceuillir autrement que les carliforniens chez Steinbeck.

    The Theos Project : The Grapes of Wrath by John Steinbeck
    http://theosproject.blogspot.de/2010/05/grapes-of-wrath-by-john-steinbeck.html?m=1

    They are heading west! To California! They know there is work in California, because they have handbills that say so—printed handbills—handbills that say there is a need for workers: fruit pickers and farm hands. Why, a fella’ could work for a while, picking oranges and grapes, then buy himself a nice plot of land. Those handbills wouldn’t have been printed out if there were no jobs. That’d just be a waste of money.

    So the Joes follow the handbills to California. It’s a difficult journey. Grandma and Grandpa die, and some desert the family when times get tough.

    When they arrive in California, things go from bad to worse. There are no jobs in California. The land owners printed the handbills in order to flood the state with desperate, hungry workers. With a massive surplus of labor, land owners can hire workers to work for food, or in some cases for less than enough to feed a family. The plan works great for the land owners. The only problem is that there are now hundreds of thousands migrant workers hungry and virtually homeless.

    Les autre se disent que ce n’est pas grave, le système fonctionne même si pour nous il est kaputt .

    The system is working fine - AMERICAblog News
    http://americablog.com/2015/10/system-working-fine.html

    “The system is broken” can be cut-and-pasted into speeches about wealth inequality, racist police terror, regulatory laxity, and nearly every other problem politicians claim to have an answer to. Unfortunately for speechwriters everywhere, the slogan demonstrates a fundamental misunderstanding of the American system’s purpose. The system isn’t broken; it’s working exactly as intended.

    The system does not exist for the people. It never has. James Madison, one of the most prominent framers of the new republic, declared at the secretly-held constitutional convention of 1787 that the primary function of the American government was “to protect the minority of the opulent against the majority.”

    –----------------
    source de la citation de James Madison :
    Notes of the Secret Debates of the Federal Convention of 1787, Taken by the Late Hon Robert Yates, Chief Justice of the State of New York, and One of the Delegates from That State to the Said Convention , TUESDAY JUNE 26TH, 1787, The Avalon Project, Documents in Law, History and Diplomacy, Lilian Goldman Law Library, Yale Law School, http://avalon.law.yale.edu/18th_century/yates.asp

    #propagande #USA #libéralisme #lutte_de_classes #rêve_américan

  • Convictions of black protesters imprisoned for 1961 sit-in are overturned, 54 years later - The Washington Post

    http://www.washingtonpost.com/news/post-nation/wp/2015/01/20/black-protesters-imprisoned-for-1961-sit-in-may-have-their-convictions-overturned-54-years-later/?tid=sm_fb

    Via Elisabeth Vallet toujours (quelle mine...)

    A South Carolina judge on Wednesday vacated the convictions of the “Friendship Nine” protesters who were arrested, jailed and sentenced to 30 days of hard labor in a chain gang for their part in a sit-in protest at the “whites only” counter of a Rock Hill, S.C. restaurant.

    “Let the decision of the court today show the resolve of South Carolina to work together, to learn together, and to progress together to ensure the promises set forth in our Constitution: That all men are equal under the law,” said former South Carolina Chief Justice Ernest A. Finney, Jr., who served as the lawyer for “Friendship Nine” in 1961 and again in the proceedings on Wednesday. Finney later became South Carolina’s first African American chief justice in the post-Reconstruction Era.

    #états-Unis #racisme #droits_civils

  • SUPREME COURT OF THE UNITED STATES
    http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf

    CHIEF JUSTICE ROBERTS delivered the opinion of the Court.
    These two cases raise a common question: whether the
    police may, without a warrant, search digital information
    on a cell phone seized from an individual who has been
    arrested.

    Held : The police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.

    #privacy #surveillance

  • Supreme Court Strikes Down Aggregate Limits on Federal Campaign Contributions - NYTimes.com
    http://www.nytimes.com/2014/04/03/us/politics/supreme-court-ruling-on-campaign-contributions.html

    Chief Justice John G. Roberts Jr., writing for four justices in the controlling opinion, said the First Amendment required striking down the limits. “There is no right in our democracy more basic,” he wrote, “than the right to participate in electing our political leaders.”

    Dissenting from the bench, Justice Stephen G. Breyer called the decision a blow to the First Amendment and American democracy. “If the court in Citizens United opened a door,” he said, “today’s decision may well open a floodgate.”

    #corruption_légale #Etats_unis

  • Christophe Jaffrelot on Pakistan’s populist champion of democracy
    English edition podcast
    http://mondediplo.com/2013/12/06podcast
    http://mondediplo.com/IMG/mp3/LMD_podcast_Dec_2013_Jaffrelot.mp3

    In this podcast, George Miller talks to Christophe Jaffrelot about the legacy of Iftikhar Chaudhry, Pakistan’s former Chief Justice who dared to take on some of the nation’s most powerful people.
    http://mondediplo.com/2013/12/06pakistan

  • Supreme Court may need to decide how private a cellphone is - The Washington Post
    http://www.washingtonpost.com/politics/supreme-court-may-need-to-decide-how-private-a-cellphone-is/2013/08/04/e341dc60-fae1-11e2-a369-d1954abcb7e3_story.html?wprss=rss_politics

    Vers une légalisation des écoutes téléphoniques ?

    Chief Justice John G. Roberts Jr. didn’t hesitate last fall when a questioner asked him about the biggest constitutional challenge the Supreme Court faced.

    Roberts told the audience at Rice University in Houston that the court must identify “the fundamental principle underlying what constitutional protection is and apply it to new issues and new technology. I think that is going to be the real challenge for the next 50 years.”

  • BREAKING NEWS: Eric George of Browne George Ross Named as Defendant in Suit as Scrutiny of Past Relationship Between Ronald George and Thomas Girardi of Girardi & Keese Grows

    The Leslie Brodie Report (TLR) is carefully following a major developing story out of California relating to Eric George of Los Angeles-based Browne George Ross.

    According to knowledgeable sources, Eric George - son of former California Chief Justice Ronald George - has been named as a defendant in a lawsuit.

    As was previously addressed, the unsettling beneficial symbiotic relationship between Ronald George and Thomas Girardi of Girardi & Keese vis-a-vis Eric George, coupled with Eric George’s partial ownership of a bank (1st Century Bank) owned by former president of the State Bar of California Alan Rothenberg, are sources of grave concern.

    TLR is gathering and analyzing data concerning the suit, and will post further updates as they become available.

    Please see @:

    http://lesliebrodie.posterous.com/breaking-news-eric-george-of-browne-george-ro

  • Muslim Community of Orange County Mulls Aiding Ronald Gottschalk

    Representatives of the Muslim community of Orange County, the Church of Latter Day Saints, and the Christian right, along with various civil rights activists, are in discussions to establish a plan of action to aid Orange County resident Ronald Norton Gottschalk, The Leslie Brodie Report has learned.

    During a meeting held in Arcadia yesterday, luminaries set the stage for the creation of a platform that will be used in aiding Gottschalk’s whistleblowing activities and his quest for justice.

    Gottschalk, an accomplished attorney with a stellar record, has been the victim of grave injustices and systemic abuses from various local and state entities ever since his relationship with Thomas Girardi of Girardi & Keese soured.

    Singer Paul Anka serenades Former California Chief Justice Ronald George courtesy of Thomas Girardi of Girardi & Keese. (Image: courtesy of LA Lawyers Phil. )

    Knowledgeable sources maintain that representative of the Orange County Jewish Federation and related entities were intentionally excluded from these discussions so as to avoid conflicts of interest and future complications. In addition, there were concerns that information may leak to the Los Angeles Jewish Federation and Bet Tzedek – both entities with strong ties to Girardi & Keese partner Howard Miller, as well as Ronald George – the former Chief Justice of the California Supreme Court, respectively.

    Eric George (Ronald George’s son) is an active board member of Bet Tzedek. Previously, the State Bar of California – one of the entities engaging in the systemic abuse of Gottschalk – declined a request to disclose the amount of money it transferred to Bet Tzedek, as well as the amount of contributions it obtained from its members and related law firms. Unlike its foundation – the California Bar Foundation, which discloses financial transactions on a regular basis – the State Bar of California itself only discloses the names of the entities upon which it bestows money, and does not enumerate the dollar figures involved.

    According to the California Bar Journal, during the State Bar’s annual meeting in Monterey last September, Girardi & Keese and Thomas Girardi had an orchestra, along with singer-songwriter Paul Anka, flown in to perform at a special reception for retiring Chief Justice Ronald George.

    The enmeshment between Thomas Girardi and the State Bar of California and others has been the subject of extensive coverage on TLR in connection with former crack addict Mike Nisperos ; BOG public member Jeannine English; State Bar of California Investigator Tom Layton; State Bar of California Executive Director Joe Dunn; allegations of preferential treatment leveled by ethics specialist David Cameron Carr; the attorney-client relationship between Howard Rice and Girardi & Keese; matters relating to the MGA/ Mattel litigation; as well as allegations involving conflicts of interest involving the case of Fogel v. Farmers.

    Separately, TLR has learned that an examination is underway relating to the relationships, if any, between Ronald George and former State Bar of California president and Chairman and Chief Executive Officer of 1st Century Bank Alan Rothenberg, as well as the relationship between Eric George and the San Francisco based law firm of Howard Rice Nemerovsky Canday Falk and Rabkin in matters relating to multimillion dollar litigation against the Walt Disney Company regarding unpaid royalties involving fictional character Winnie the Pooh.

  • Muslim Community of Orange County Mulls Aiding Ronald Gottschalk

    Representatives of the Muslim community of Orange County, the Church of Latter Day Saints, and the Christian right, along with various civil rights activists, are in discussions to establish a plan of action to aid Orange County resident Ronald Norton Gottschalk, The Leslie Brodie Report has learned.

    During a meeting held in Arcadia yesterday, luminaries set the stage for the creation of a platform that will be used in aiding Gottschalk’s whistleblowing activities and his quest for justice.

    Gottschalk, an accomplished attorney with a stellar record, has been the victim of grave injustices and systemic abuses from various local and state entities ever since his relationship with Thomas Girardi of Girardi & Keese soured.

    Singer Paul Anka serenades Former California Chief Justice Ronald George courtesy of Thomas Girardi of Girardi & Keese. (Image: courtesy of LA Lawyers Phil. )

    Knowledgeable sources maintain that representative of the Orange County Jewish Federation and related entities were intentionally excluded from these discussions so as to avoid conflicts of interest and future complications. In addition, there were concerns that information may leak to the Los Angeles Jewish Federation and Bet Tzedek – both entities with strong ties to Girardi & Keese partner Howard Miller, as well as Ronald George – the former Chief Justice of the California Supreme Court, respectively.

    Eric George (Ronald George’s son) is an active board member of Bet Tzedek. Previously, the State Bar of California – one of the entities engaging in the systemic abuse of Gottschalk – declined a request to disclose the amount of money it transferred to Bet Tzedek, as well as the amount of contributions it obtained from its members and related law firms. Unlike its foundation – the California Bar Foundation, which discloses financial transactions on a regular basis – the State Bar of California itself only discloses the names of the entities upon which it bestows money, and does not enumerate the dollar figures involved.

    According to the California Bar Journal, during the State Bar’s annual meeting in Monterey last September, Girardi & Keese and Thomas Girardi had an orchestra, along with singer-songwriter Paul Anka, flown in to perform at a special reception for retiring Chief Justice Ronald George.

    The enmeshment between Thomas Girardi and the State Bar of California and others has been the subject of extensive coverage on TLR in connection with former crack addict Mike Nisperos ; BOG public member Jeannine English; State Bar of California Investigator Tom Layton; State Bar of California Executive Director Joe Dunn; allegations of preferential treatment leveled by ethics specialist David Cameron Carr; the attorney-client relationship between Howard Rice and Girardi & Keese; matters relating to the MGA/ Mattel litigation; as well as allegations involving conflicts of interest involving the case of Fogel v. Farmers.

    Separately, TLR has learned that an examination is underway relating to the relationships, if any, between Ronald George and former State Bar of California president and Chairman and Chief Executive Officer of 1st Century Bank Alan Rothenberg, as well as the relationship between Eric George and the San Francisco based law firm of Howard Rice Nemerovsky Canday Falk and Rabkin in matters relating to multimillion dollar litigation against the Walt Disney Company regarding unpaid royalties involving fictional character Winnie the Pooh.

  • http://lesliebrodie.blog.co.uk/2011/09/25/united-states-supreme-court-asked-to-review-alleged-corruption-

    Lending significant support to calls for an examination of corruption in the California Supreme Court, a sharply-worded brief was filed with the United States Supreme Court, urging it to grant review.

    In that brief, Marina Del Ray-based legal scholar Dan Dydzak minced no words in accusing former Chief Justice Ronald George and attorneys from the San Francisco-based law firm of Howard Rice of egregious misconduct.

    Specifically, it is alleged that Howard Rice was instrumental in using the State Bar of California/State Bar Court as a vehicle to punish Dydzak for his role in exposing alleged corruption and improprieties at brokerage house Charles Schwab, an established client of Howard Rice.

    Mr. Jerome Falk of Howard Rice, an appellate specialist with a mercurial personality. In 2008, during an interview with a legal publication, Mr. Falk stated while describing some opposing counsel, “I would do anything to squash them. So those cases don’t settle. You just want to rip their throats out.” After visiting Vietnam, Mr. Falk joined East meets West, an organization dedicated to improving the lives of children in Vietnam. (Photo:courtesy of Vietnam, East meets West)

    Dydzak alleges improprieties on the part of State Bar Court Judge Donald Miles, a former partner at Howard Rice, as well as Sean SeLegue, a current Howard Rice partner, and a cover-up by the California Supreme Court due to the close relationship between Ronald George and Howard Rice.

    Allegations of egregious misconduct, ethical violations, and appearances of impropriety have become commonplace against embattled Howard Rice.

    Recently, California’s First District Court of Appeal ruled that the failure of Howard Rice partner Sean SeLegue to disclose at the time of an arbitration (in which he served as arbitrator) that he generally defended attorneys and law firms in cases involving professional responsibility, along with the fact that he was actively representing a firm in a case before the California Supreme Court in a dispute over legal fees, created sufficient doubt as to SeLegue’s impartiality in his role as an arbitrator.

    Earlier this year, Howard Rice Partner Jerome Falk was accused of wrongdoing as a result of his decision to exonerate a friend of Ronald George – Thomas Girardi of Girardi & Keese – along with Walter Lack of Engstrom Lipscomb & Lack for misconduct the two committed while litigating a case against Dole Food Company before the Ninth Circuit Court of Appeals.

    During the Ninth Circuit proceedings, and after the case against Dole was dismissed, Chief Judge Alex Kozinski issued an order to show cause why attorneys Walter Lack, Paul Triana, and Sean Topp of Engstrom Lipscomb & Lack, as well as Thomas Girardi and Howard Miller of Girardi & Keese, should not be disbarred or suspended from practicing before the Ninth Circuit.

    Subsequently, in late 2010, a Ninth Circuit panel consisting of Justices William Fletcher , Marsha Berzon, and Randy Smith found that Lack and Girardi had committed grave misconduct which included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.

    Despite the Ninth Circuit’s determination, in his capacity as special prosecutor, and after reviewing the Ninth Circuit file, Howard Rice partner Jerome Falk chose to not file any disciplinary accusations against Thomas Girardi and Walter Lack, stating that he believed Lack’s misconduct was not intentional.

    Recently, a shocking discovery was made concerning the fact that Thomas Girardi and Walter Lack were actually clients of Jerome Falk and Howard Rice.

    Separately, partner Douglas Winthrop, as reported earlier, is under extreme scrutiny in matters relating to the now-defunct charity CaliforniaALL.