Tags » Constitutional Issues

Thom Stark on States Rights

Thom and I are having fun with our back-and-forth discussion. I said this on special interests and this on states rights last week and this is his reply this week. 553 more words

Lela Markham

What will be the role of constitutional issues in the UK General Election 2015?

From the vantage point of Scotland, you would expect constitutional issues to dominate the UK General Election. The famous ‘vow’ almost ensured its place in the debate, because the idea was that each political party would engage in the Smith Commission and include its recommendations in their party manifestos. 468 more words

Scottish Politics

Are #Americansabroad "members" of Club USA or "owned" by Club USA?

U.S. citizens abroad are now entering the fifth year of what some have called “the U.S. citizenship nightmare”. Since 2011 thousands of blog posts, comments and tweets have: deliberated, sought comfort, agonized, theorized and suffered persecution at the hands of the U.S. 2,337 more words

Citizenship-based Taxation

Nanette Dembitz, Glenn Beck and Clive Cussler

There doesn’t appear to have been research done of Brandeis lately, but I have found 3 Brandeis-related items worth relating.

Another Brandeis relative on the bench… 777 more words

Brandeis

renounceuscitizenship reblogged this on U.S. Persons Abroad - Members of a Unique Tax, Form and Penalty Club and commented:

https://twitter.com/USCitizenAbroad/status/548679501354242049 The 1967 case of Afroyim v. Rusk is playing a major role in the life of "Americans abroad". (This is the Supreme Court decision that establishes that Congress cannot simple "strip people of U.S. citizenship" without their consent. I wrote about the possible impact of Afroyim on the treatment of Americans abroad in an earlier post. There is a strong consensus that Americans abroad are being forced to renounce their citizenship. Yet, in Afroyim, Justice Black reminds us that:

Citizenship is no light trifle 268*268 to be jeopardized any moment Congress decides to do so under the name of one of its general or implied grants of power. In some instances, loss of citizenship can mean that a man is left without the protection of citizenship in any country in the world—as a man without a country. Citizenship in this Nation is a part of a co-operative affair. Its citizenry is the country and the country is its citizenry. The very nature of our free government makes it completely incongruous to have a rule of law under which a group of citizens temporarily in office can deprive another group of citizens of their citizenship. We hold that the Fourteenth Amendment was designed to, and does, protect every citizen of this Nation against a congressional forcible destruction of his citizenship, whatever his creed, color, or race. Our holding does no more than to give to this citizen that which is his own, a constitutional right to remain a citizen in a free country unless he voluntarily relinquishes that citizenship.
As of late there there has been some discussion of a legal challenge to  citizenship-based taxation (or at least aspects of it) by using the 14th amendment arguments. I suggest that the above quote from Justice Black's decision should be a leading part of the that challenge. The argument would be: 1. Maybe citizenship-based taxation is NOT unconstitutional per se; but 2. The rules that U.S. government is imposing (under the guise of citizenship-based taxation) are forcing people to renounce U.S. citizenship and are therefore unconstitutional. The lawyer representing Afroyim (at least in the early stages was Nanette Dembitz. Nanette Dembitz was a niece of Justice Louis Brandeis.  Interestingly the impact of Justice Brandeis and people like Nanette Dembitz - who recognized the importance of the individual - carry on today.

This Is What Happens When You Only Visit Right Wing Sites

When you get your “news” from right-wing websites like CNS News, you tend to have a misinformed view of reality.  CNS News stands for Cybercast News Service and… 193 more words

Church & State

Congress Legislates Collection of Virtually All Americans' Communications Under Guise of "Regulation"

The Congress last week passed HR 4681, also known as the Intelligence Authorization Act for Fiscal Year 2015, and has now sent this bill to the president for signature into law. 792 more words

Constitutional Issues

Is Privacy Overrated?

According to Seventh Circuit federal appellate Judge Richard Posner, it is.

He writes that privacy in the 21st century, at least in the specific context of public spaces and constantly recording surveillance cameras, is essentially an archaic and indeed dangerous notion. 3,055 more words

Constitutional Issues