Hillary and civil liberties

As requested. Here we go.

Image result for hillary clinton

As with my post about Trump, this is focusing on specific Amendments in the Constitution notwithstanding problems of separation of powers, etc.

Reference:

No fly, no buy

Compulsory gun buy back

Clinton on more surveillance of the internet

Torture

1st Amendment

Clinton, while a Senator wrote a bill to criminalize flag burning.  Under Texas v. Johnson, flag burning is a first amendment protected form of free speech.

Clinton’s plan to have more oversight of the internet, depending on how it is enforced could be a violation of the 1st Amendment.  If she is actively going after people based on discriminatory reasons, such as they posted in a Muslim group, it would be violation of the 1st Amendment.

As noted below, she has supported the PATRIOT Act in the past but now supports the USA Freedom Act. The bulk collection of metadata infringes on our 1st Amendment right of association.

2nd Amendment violations

No fly, no buy: No fly, no buy is terrible policy, as I’ve written before.  It would certainly be challenged on the grounds that it violates the 2nd and 5th Amendment.

Opposition to Heller: Clinton was leaked in a recording opposing the Supreme Court ruling in Heller saying that the Supreme Court was wrong on the 2nd Amendment.  And they may be incorrect about it.  Clinton may be objecting to the idea that owing a firearm is a constitutional right but she doesn’t say so explicitly.  In the leaked audio, she argues that she is going to make that case (that the Supreme Court was wrong) every chance I get.

I’m going to note here that I largely agree with the Heller ruling.  It was an extremely narrow ruling and actually makes the case that firearms can have narrow regulations.  There are aspects of Heller that a liberal Supreme Court would scale back, including defining a “dangerous and unusual weapon.”

Compulsory buybacks: Clinton made a point to muse about Australia’s compulsory gun buyback program.  Compulsory buy back program would certainly be challenged. Without Heller being overturned, I do not see how it would be considered constitutional.  She also talked about a voluntary program, too, which would be constitutional.

4th Amendment

PATRIOT Act: While in the Senate, Clinton voted for authorization of the PATRIOT Act.  Warrantless searches and warrentless wiretaps are a violation of the 4th Amendment. She has since rescinded this support and supported the USA Freedom Act.

5th Amendment violations

No fly, no buy: Again, this will be challenged on the claims that it violates due process and the no fly list, certainly does.

Drone strikes: Drone strikes on American citizens would be a violation of due process and also a violation of the 8th Amendment, Obama’s damning memo, notwithstanding.

Torture: Due process clause prohibits interrogation by torture. Clinton has merely rejected torture as it is not effective

8th Amendment violations

Torture: This obviously violates the prohibition on cruel and unusual punishment. John Yoo and the Bush Administration’s claim about enhanced interrogation techniques have been largely discredited and the McCain-Feinstein Amendment has prohibited US government agencies and officials from using interrogation methods not listed in the Army Field Manual.

 

 

 

 

 

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