Latest news with #BillOfRights
New York Times
04-07-2025
- Politics
- New York Times
Making the Bill of Rights Relevant to Young Readers
REBELS, ROBBERS AND RADICALS: The Story of the Bill of Rights, by Teri Kanefield; illustrated by Kelly Malka Nearly daily, the front page of The New York Times is filled with the clash between an expansive executive branch and the responses of an embattled judiciary. Yet for many young people the most compelling current events are the swells and trends of the digital world. In 'Rebels, Robbers and Radicals: The Story of the Bill of Rights,' Teri Kanefield sets out to reveal to those screenagers the architecture of laws and beliefs that undergirds this nation. Can she engage her readers and prove that a 234-year-old document matters to them? Yes. Kanefield is a lawyer and an accomplished children's nonfiction author. When her editor suggested a book on the Bill of Rights she found the prospect daunting, until she 'hit on the idea of presenting the material the way the law is presented to law students — through actual court cases.' For each of the 10 amendments, she shares individuals' personal stories and legal conflicts, and shows how they shape or reflect the terms and principles of the amendment. Kanefield recognizes the 'paradox of liberty,' quoting the Lyndon B. Johnson-era assistant attorney general Roger Wilkins on framers who 'celebrated freedom while stealing the substance of life from the people they 'owned.'' Her book looks at the Bill of Rights in the context of real people with complex motives in challenging times. The Bill of Rights was created to address the founders' determination to restrain the reach and power of a central government, as well as states' rights advocates' demand that such a bill apply only to federal law — leaving states 'free to enact any laws they pleased, including laws that allowed enslavement.' Why is it, then, that the rights enshrined in the bill are applied so broadly today? Kanefield describes the shift, after the Civil War, when the expansive 14th Amendment was ratified, guaranteeing 'equal protection of the laws' throughout the country. As she demonstrates, this incorporation of the original bill into a national framework was truly a 'second founding' of the nation. From high-concept legal theory, Kanefield moves quickly to the amendments. She approaches the First Amendment and free speech through the Peter Zenger case in colonial New York — when British libel law did not allow truth as a defense. Just as a manager will be thrown out of a baseball game for arguing balls and strikes even if the umpire is indeed blind, Zenger was on trial in 1735 for defaming a corrupt official by printing a newspaper article that said he was corrupt. The local jury ignored the law and took his side — as does the later ratified First Amendment. What, then, are the limits on speech? Want all of The Times? Subscribe.
Zawya
03-07-2025
- Politics
- Zawya
South Africa: Can citizens take action against the state to maintain critical infrastructure?
We see more and more critical infrastructure failures and deterioration, both within local and metropolitan municipalities. Raw sewerage in the streets is a common sight, potholes prevail, and stormwater drainage fails repeatedly. It is commonplace that despite residents paying rates and making multiple complaints to authorities, the situation does not improve. Citizens have various constitutional rights, including the freedom of movement and access to essential services, as well as to approach a court when a right in the Bill of Rights has been infringed. Can citizens or local resident associations take the local or national government to court to obtain court orders compelling them to effectively deal with the situation? This question came before the High Court in Umtata in a judgment handed down earlier this month.1 A local residents' association brought an application against the Department of Transport, directing them to repair the surface and undertake all the necessary work to restore a main road to good condition. The court accepted that the resident association had legal standing to bring the application. The applicant put up extensive evidence of complaints being lodged with councillors and the local municipality, with no tangible results. The court considered the effect of the inaccessible road on the applicants' daily lives, their ability to shop, access to banking services and get to work, learners' ability to get to school, access to medical facilities as well as the impact of poorly positioned drainage pipes causing flooding and an additional slippery road surface causing danger. The respondents argued that they had a significant scope of responsibility and that the maintenance costs of a paved road network was approximately R1.8m per kilometre. given their budget limitations annually, the department had to engage with municipalities to prioritise road maintenance based on the needs of each respective community. The department had to acknowledge the need for road upgrades that the applicants had requested and contended that considerable progress had been made with the budget approved and contractors appointed. The court accepted that it was the respondents' responsibility and constitutional role, and accepted, although the municipalities had an interest in the matter, it was not required for the municipalities to be joined to the proceedings. The court accepted that the applicants had clearly demonstrated their rights were being infringed upon, as well as the deplorable state of the road, and that they had no other remedy available. The court issued an order that the department was directed to repair, resurface and restore the main road within 120 days of the date of the order, and ordered that the respondents pay the cost of the application. Conclusion: This case serves as a reminder that the courts will intervene where the state fails to discharge its constitutional obligations and where citizens or local associations can show extensive complaints and requests for assistance which have remained unanswered. It is not sufficient for the State to point to budget limitations as an exclusive answer to its failure to implement important and necessary infrastructural maintenance or upgrades. Citizens can be confident in taking a more active approach to holding local and national governments responsible for fulfilling their constitutional mandates to effect repairs to ageing and failing infrastructure.
Mail & Guardian
17-06-2025
- Health
- Mail & Guardian
Toxic pesticide ban a victory for people and environmental justice, say activists
The ban on the importation and use of Terbufos signals a shift toward safer, people-centred agriculture Civil society groups have welcomed the cabinet's In October last year, Commonly known as Halephirimi, Last Thursday, the The committee said the department of agriculture would lead the consultation process on the ban in line with its 2010 plan to eradicate poisonous insecticides and pesticides over a period of time and also work on identifying safer alternatives to Terbufos. The banning of Terbufos signals the beginning of the transformation of an agriculture system that is 'riven with conflict of interest, inequity, abuse of worker rights and the unchallenged hegemony of toxic chemicals,' the South African People's Tribunal on AgroToxins (SAPToA) said. 'We will now likely see the deaths of children from this poison decline rapidly just as we saw with Aldicarb was prohibited in 2016. Swanby pointed out that not only do children die from organophosphates such as Terbufos but those who survive live with a lifetime of health and neurological problems. The law governing the registration of pesticides is ancient, she noted. 'It goes back to the post-war era where these chemicals that were used in the war were being repurposed for agriculture and we know a lot more about them now than we did back then, and of course this was also the apartheid era.' With the Constitution and Bill of Rights, the pesticide registration in the country is 'incongruent with our current law', she said. 'That needs a complete overhaul and as it stands now, it suits industry but that has to really be changed as soon as possible if we want to stay safe.' Mechanisms for phasing out pesticides must be included in that law 'so it's not just automatically if you come with your pesticide and you can tick a few boxes, you automatically get registration'. 'The first port of call is to see how we phase out pesticides and how we think about the risks and benefits and what the trajectory of our agricultural production should look like in this new era with our Bill of Rights and our Constitution,' Swanby said. SAPToA noted that despite a government policy adopted in 2010 to phase out highly hazardous pesticides and a regulation being issued in 2023 to restrict Terbufos, 'business continued as usual for the chemical industry who, in the week before the Naledi children died, were still insisting they have more time to prepare for any regulations'. 'For industry, the death of our children due to their products is not an urgent matter. This cabinet decision, recognising our constitutional imperative to put the child's best interests first, marks the end of a long era where the chemical industry has undue influence over the regulation of their deadly products. 'The highest level of government has reined in corporate impunity and said that all South Africans, particularly children, have the right to a safe and healthy environment.' SAPToA said civil society would continue to push for the immediate ban of all 194 highly hazardous pesticides registered in South Africa and to reject the notion of phase-out periods subject to industry discretion, which is a 'fig leaf for industry delay and prevarication'. It is also calling for transparency in governance of agricultural toxins, beginning with making available a public database of all pesticides registered in the country as a constitutional right for all South Africans. The Human Rights Commission said the cabinet's decision to ban Terbufos is a milestone in the realisation of critical socio-economic rights, including the right to health, clean water, a safe environment and adequate food. 'It reflects an emerging shift towards a people-centred food system, where communities are empowered to determine their own approaches to production, markets, ecology, and culture, aligned with principles of social, economic, and environmental justice.'
Yahoo
08-06-2025
- Politics
- Yahoo
On This Day, June 8: USS Liberty attacked off Egypt
On this date in history: In 1789, James Madison proposed the Bill of Rights, which led to the first 10 amendments to the U.S. Constitution. In 1869, Ives McGaffney of Chicago obtained a patent for a "sweeping machine," the first vacuum cleaner. In 1949, an FBI report identified several Hollywood figures -- including Frederic March, Dalton Trumbo, John Garfield, Paul Muni and Edward G. Robinson -- as members of the Communist Party. The document's release came amid a so-called Red Scare in the United States. In 1967, the USS Liberty, an intelligence ship sailing in international waters off Egypt, was attacked by Israeli jet planes and torpedo boats. Thirty-four Americans were killed in the attack, which Israel said was a case of mistaken identity. In 1968, James Earl Ray, an escaped convict, was arrested in London and charged with the April 4 assassination of civil rights leader Martin Luther King Jr. Ray died in prison in 1998. In 1986, Austrian voters elected Kurt Waldheim as president. The former U.N. secretary-general's campaign was plagued with allegations he was involved in Nazi war crimes. In 1994, two of the major warring factions in Bosnia, the Muslim-Croat federation and the Bosnian Serbs, signed a cease-fire agreement. In 1995, U.S. Marines rescued downed American pilot Scott O'Grady in Bosnia. In 2006, the leader of al-Qaida in Iraq, Abu Musab al-Zarqawi, and seven others were confirmed killed in an airstrike on a house north of Baquba. In 2009, North Korea sentenced American journalists Euna Lee and Laura Ling to 12 years in prison for "illegal entry." They were released after a visit by former U.S. President Bill Clinton. In 2012, U.S. Marine Gen. John Allen, commander of NATO forces in Afghanistan, apologized to the Afghan people for the deaths of 18 civilians, including children, in an airstrike. In 2013, Princess Madeleine of Sweden married British-American businessman Christopher O'Neill. In 2022, Iman Vellani became the first on-screen Muslim superhero with the release of Ms. Marvel on Disney+. In 2024, Israel Defense Forces undertook an operation to rescue four Israeli hostages in the Nuseirat refugee camp in Gaza. The mission left more than 100 Palestinians dead.
Jordan Times
15-05-2025
- Politics
- Jordan Times
US moral principles vs its interest-driven tactics
In 1776 a new nation was created. Its avant-garde principles then were embodied in the declaration of independence. They emanated from the intellectual universal concepts of the brewing Enlightenment in the old continent then. 'All men are created equal (..) with certain inalienable rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, Whenever any form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute a new Government.' These initial principles were further reinforced by a Bill of Rights in 1789; in which ten amendments set out basic rights for every US citizen; including freedom of speech, assembly and religion, freedom to bear arms, and freedom from unreasonable searches. These principles and ideals provided a unique compass for the US. In his farewell address, First President George Washington (1789-1997) warned against the peril of foreign entanglements: 'Observe good faith and justice toward all nations. Cultivate peace and harmony with all (..) Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable when accidental or trifling occasions of dispute occur (..). So, likewise, a passionate attachment of one nation for another produces a variety of evils (..) It leads to concessions to the favorite nation of privileges denied to others (..) And it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favorite nation) facility to betray or sacrifice the interests of their own country without odium, sometimes even with popularity, gilding with the appearances of a virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good the base or foolish compliances of ambition, corruption or infatuation.' The principles encapsulated in the Declaration of Independence, the Bill of Rights and the leader's beliefs buoyed the US for two centuries. They made America a beacon for others. In the Middle East, these principles were clearly demonstrated in 1956, when President Eisenhower, stopped British, French and Israeli aggression on Egypt, possibly indicating the last vestiges of the Euro-Colonial era. Eisenhower's Warning: The principles upon which the United States was established permeated past political elites. Before leaving office in 1961, President Dwight Eisenhower gave a clear warning in his farewell address, regarding the impending evolution of American politics: 'This conjunction of an immense military establishment and a large arms industry is new in the American experience. . . .Yet we must not fail to comprehend its grave implications. . . . We must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.' Poignant words, because Eisenhower, the Supreme Allied Commander of the European Theater in World War II, oversaw the defeat of Fascist Nazi Germany. Fascism is defined as the convergence of political and economic power (integration of economic and political elites). Forced labour (Slaves) in the concentration camps of Nazi Germany provided an inhumane avenue for German companies to cut their cost. Having sensed the rise and political impact of corporate interests in the US, particularly of 'defense' companies, Eisenhower publicly warned of the inevitable rise and influence of the 'military industrial complex.' Eisenhower also called for safeguarding American principles; notably freedom, '…from the sanctity of our families and the wealth of our soil to the genius of our scientists.' Evolving Economic Hypocrisy: In 1776, the fledgling US was perhaps the wealthiest natural nation state. Based on Adam Smith's theory of economic comparative advantage (The Wealth of Nations – 1776). This theory stipulates that a nation's wealth is intimately and directly connected to the amount and quality of its natural resources. This concept was a primary driver for colonialism, where European nations bolstered their own economic prosperity by exploiting the natural resources of other countries and peoples in Africa, the Americas, Asia and the Middle East. In the 1980s, Harvard Professor Michael Porter coined a new economic theory; the Competitive Economic Advantage described how countries with limited natural resources could generate improving living standards. It is ultimately based on the innovation and creativity of a population; exactly what Eisenhower had highlighted two decades before the theory became in vogue. Asia Tigers Creativity and innovation are not a natural monopoly. Countries like China and India have recently struck creative and innovative prowess. In 2019, China surpassed the US in terms of international patent filings. In 2023, China rose as a global leader in 37 out of 44 key technologies, indicating a relative decline in the US dominance. Under Bill Clinton (1993-2001), America embarked on an economic transformative path favoring services over industry. As such, it lost its industrial competitiveness - with the exception of its robust military industry. The US greenback, however, remained the Globe's reserve currency. Since competitive economic dominance has been in decline, the US has been seeking to secure its interests and develop comparative economic dominance through the control of strategic resources. In 1999, Clinton passed an act equating between companies and citizens in contributing to political campaigns. This removed previous limitations on corporate political contributions and enabled wealthy corporations to direct financial contributions towards political representatives who best served their corporate interests. Ultimately this has led to the convergence of economic and political power (also called fascism). Flagrant Aggression The desire to control comparative global economic resources was stated by US presidential candidate Wesley Clark, a previous supreme commander of NATO. In September 2003, two years after 9-11 mayhem, Clark boasted that Washington was concocting coups in seven countries over five years; Iraq, Syria, Somalia, Libya, Iran, Lebanon and Sudan. Cherchez the black gold This oil rich zone tops US interests abroad. In hindsight, the US has been successful in Iraq, and Libya and somewhat successful in Sudan, and Syria where they control the oil/gas producing areas. Iran, Somalia and Lebanon are in process. Controlling energy can undermine the prosperity of competitive economies. The destruction of the Nord Stream pipeline between Russia and Germany in September 2022 harmed Germany's industrial base as well as potential economic cooperation and integration between Germany and Russia. In the last century, German-Russian economic integration has always been a threat to countries such as Britain as it integrates comparative (Russian) and competitive (German) economic advantages. This threat is now felt by an economically declining US, as it seeks means to maintain or prolong its global dominance. What does this mean? The US has fallen victim to its own success. At the end of the Cold War, it came out as the sole victor. Armed with its principles and its economic ability could have led the world to a peaceful, cooperative and competitive future. But the convergence of corporate economic interests and political power (fascism) turned the US from a long-term principle-driven superpower into a short-term interest-driven. This transformation has led to the decline of its global clout; as most allies can no longer trust the principles upon which decisions are made. It manipulates strategic resources (such as Nord Stream gas) to control the growth and prosperity of corporations in competing economies; allies and foes alike. This transformation puts at risk the collective economic prosperity of the citizens of nations 'allied' to the US such as Germany and most of western Europe. On the other front, its opponents/enemies witness an increasingly tactical set of political and economic interventions which secure short-term benefit for specific US based corporations and their shareholders while sacrificing the long-term interests of this country at a global level. The recent sequential financial support of Ukraine against Russia and Israel against the Palestinians indicate the influence of the military industrial complex on political decision making. The United States is increasingly going into debt to fund US based military foreign assistance to prevent economic integration between Russia and Europe and to maintain Israel as a hegemon and US proxy in the energy rich Middle East. This interest-based set of interventions does not economically or politically bode well, in the medium to long term, for a once principle-based US. Its interests are prone to being incrementally corroded as global players establish alternative means of economic and political cooperation and integration. This is the typical fate of all empires. Former Royal Court Chief and Former Head of the Jordanian Diplomacy
