US Supreme Court gives green light to warrant-less searches of homes

Tom Carter
WSWS

This ruling enhances the arbitrary powers of the police and makes the security and privacy of the home even more dependent on the subjective whims of individual police officers.

A decision Monday by the US Supreme Court represents a further major step in abolishing the basic civil liberties protections in the Bill of Rights and enhancing the arbitrary powers of the police. The decision permits police to conduct searches of private homes without a warrant under a mundane pretext.

The issue in the case, Kentucky v. King, decided 8-1, was whether the police should have obtained a search warrant before they kicked in the door of Hollis Deshaun King’s apartment, conducted a search, and found marijuana. King was sentenced to 11 years in prison.

The Fourth Amendment to the US Constitution, enacted in 1791 in the aftermath of the American Revolution, guarantees to the people “[t]he right … to be secure in their houses… against unreasonable searches and seizures.” The Fourth Amendment also requires that police seek the authorization of a neutral judge, in the form of a warrant, before undertaking a search or seizure. To obtain the warrant, the police are required to demonstrate “probable cause.”

The Fourth Amendment, together with the Third Amendment, which prohibits the government from quartering soldiers in private homes, arose out of a profound hatred and resentment towards arbitrary government intrusions into the home, as well as an understanding that protection of the privacy of the home is necessary to political freedom.

The US Supreme Court Justice Robert H. Jackson wrote in 1948 that the Fourth Amendment requirement that the government obtain a warrant to conduct a search is among the “fundamental distinctions between our form of government, where officers are under the law, and the police-state where they are the law.”


Exposing dangerous myths

Anayat Durrani
Al-Ahram Weekly

Anayat Durrani interviews jazz musician extraordinaire Gilad Atzmon, discovering a secret weapon that Palestinians have in their struggle for freedom

World-renowned Israeli-born jazz saxophonist Gilad Atzmon brought his ensemble to the United States on his third annual North America Jazz tour 4-15 May, crisscrossing the country from New York, to Chicago, Dallas and San Francisco, finishing up in Colorado. The concerts' theme was "Music for Palestinians' Resistance", and the tour was used to raise awareness and fundraise for various humanitarian causes concerning Palestine.

Atzmon described his multi-city tour as giving him an opportunity to "talk about Israel, Palestine and the power of beauty". His tour included a stop in Oakland to attend a benefit for the Bay Area's flotilla passengers set to embark on the US-flagged Audacity of Hope in June to break Israel's illegal naval blockade of Gaza. The novelist, political activist and writer, who now makes his home in England, said he began visiting the US four years ago and comes once a year for two weeks. He said he has a lot of fans in the US and believes the exchange of ideas is crucial.

"I visit as many cities as I can, I meet a lot of people, I give interviews. I believe that true spiritual and intellectual exchange can lead towards a shift of consciousness. It is crucial for me to unveil the spirit and ideology that drives the Jewish state and Zionists around the world," Atzmon told Al-Ahram Weekly. "I believe that we are dealing with a unique ideology and practice and I am also aware that due to self censorship, not many people can discuss openly some of the topics I touch on, such as the fact that Zionism is a continuation of Jewish ideology."

Atzmon, who was born in Tel Aviv and served as a paramedic in the Israeli Defence Forces, is known for his no holds barred criticism of Israeli policies. He has a master's degree in philosophy and is a writer of both fiction and nonfiction, and speaker on Israel and Palestine. He is particularly outspoken on human rights denied the occupied Palestinian people.

"For me the support of the Palestinian cause was a lesson in humanity. Through Palestinian suffering I grasped the supremacy that was inherent in my culture," said Atzmon. "I confronted the tribal and 'chosen' in me. I searched for a new meaning of universalism, humanism and empathy."


On The Chopping Block: Federal Worker Pensions

Stephen Lendman

Bipartisan support endorses ending vital social benefits incrementally, principally Social Security, Medicare, Medicaid, healthcare for those who can't afford it, and public pensions.

Notably, deep Medicare cuts were made. Much more is planned, including slashing Medicaid. Now federal pensions are being targeted. Civilian federal employees receive benefits under the Federal Employees Retirement System (FERS), consisting of three components:

a FERS annuity defined benefit plan;
mandatory Social Security participation; however most Civil Service Retirement System (CSRS) employees aren't part of Social Security unless they qualify separately from additional private sector employment; and
the Thrift Savings Plan (TSP), a 401(k) type defined contribution plan.

On March 19, Senators Tom Coburn (R. OK) and Richard Burr (R. NC) introduced S. 644: Public-Private Employee Retirement Parity Act to prohibit federal annuities for employees hired after 2012. In other words, beginning January 1, 2013, they want defined pensions for newly hired federal workers ended, eventually eliminating unfunded ones altogether.

Although the other two FERS components are maintained, S. 644 is another step toward halting all federal obligations to working Americans to provide more funds for imperial wars, corporate handouts, and greater tax benefits for America's super-rich. But don't expect Congress, Obama, or major media reports to explain.


Nakba Sunday at Maroun al Ras

Franklin Lamb on the Lebanon-Palestine border


Demonstrators took cover along the Lebanese-Israeli border
as Israeli soldiers fired directly at them. (A. Hashisho/Reuters)

Maroun al Ras is a beautiful hillside Lebanese village on the border with Palestine. 63 years ago today its villagers lifted their lights to welcome ethnically cleansed Palestinians, who were part of the approximately 129,000 from 531 Zionist pillaged and destroyed villages who sought temporary refuge in Lebanon. A similar number of Palestinian expellees entered Syria a few miles to the West and another half million were forced into Jordan and Gaza.

On Sunday May 15, 2011, in observance of Nakba (Catastrophe) Day, Maroun al Ras welcomed approximately 27% of all the Palestinian refugees in Lebanon, this time coming from the opposite direction heading back toward their homes in Palestine. Palestinians in Lebanon now number approximately 248,000, approximately half of whom live in 12 squalid camps (and as many so-called, unofficial “gatherings”), although 423,000 remain registered with UNWRA.

The discrepancy in numbers is explained by the fact that Lebanon’s Palestinian refugees, without any of the most elementary civil rights, in gross violation of international Law, Lebanon’s Constitution, and bi-lateral and multilateral agreements, tend to leave Lebanon to seek work, decent housing, and a better life whenever they are able to secure a visa to Europe or elsewhere.

For a majority of the more than 72,000 (some estimates this morning exceed 100,000 because many refugees and supporters traveled south independently and did not register or use provided transportation) arriving from all the camps and corners of Lebanon, in more than 1200 buses & vans, and many on foot, it was their first sighting of their country. Lebanon law has long prevented Palestinians from coming anywhere near the blue line to even look towards their stolen homes and lands or to cross the Litani River north of Tyre. This year, for one day only, the Lebanese authorities reluctantly decided not to interfere with this human rights project.

For the teen-agers on the crowded bus I rode on from Shatila Camp, the stories and descriptions of Palestine told by their parents and grandparents was what they talked about.


Obama's Middle East Hypocrisy

Stephen Lendman

Since taking office in January 2009, Obama broke every major campaign promise, including relevant ones to his May 19 Middle East speech; namely:

"hope;"
"change;"
peace;
democratic values;
closing Guantanamo in one year;
ending torture, illegal spying, and detention without trial;
"a new era of openness;"
willingness to meet individually with Iranian, Syrian, Venezuelan, Cuban, and North Korean leaders;
supporting Israeli and Palestinian efforts to "fulfill their national goals: two states living side by side in peace and security;" and
on Afghanistan saying (October 27, 2007): "I will promise you this, that if we have not gotten our troops out by the time I am president, it is the first thing I will do. I will get our troops home. We will bring an end to this (and the Iraq) war(s). You can take that to the bank," and by implication not begin new ones.

Instead, his rhetoric belied his policy, spurning democracy, civil liberties, human rights, and rule of law principles.


Israel harms Palestinians, but also itself

Mike Gravel
Move Over AIPAC

"Until Israel's leadership and policies change, we will not see regional peace. Unless American leaders acquire a more balanced approach, and become more supportive of Palestinian aspirations for freedom, the United States will not be able to act as a fair broker for peace."

My concern for the Israeli-Arab conflict is a personal one. I was raised in a Jewish neighborhood -- three synagogues within three blocks of our home in Springfield, Mass. -- which sensitized me to Jewish culture and history. As a young student of world affairs, I closely followed the history of the Holocaust and Israel's birth in Palestine.

On the other hand, I also had a close boyhood friend whose family had roots in Syria and Lebanon; they exposed me to the local Lebanese community. The Middle East conflict was part of my global political awakening

During my 12 years in the U.S. Senate I enjoyed the support of a number of Jewish organizations, most notably the American Israel Public Affairs Committee (AIPAC), the preeminent "pro-Israel" lobbying organization. For a time, I had a perfect voting record in support of Israel.

On several trips to Israel and the Middle East, I developed contacts at the highest levels of the Israeli government and the Palestine Liberation Organization (PLO). These trips were discouraging; the possibility of peace seemed unattainable -- until the courageous leadership of Egyptian President Anwar Sadat emerged.


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