In our next installment of the First Monday series with Alliance for Justice, we are honored to announce that Erwin Chemerinsky -- noted Constitutional and federal procedure scholar -- will be here to discuss civil liberties issues. First Monday will be at a special time -- 1:30 pm ET/10:30 am PT -- on Monday, April 7th, as he's working us in between courses at Duke's law school. So mark your calendars!
Prof. Chemerinsky has led a number of public discussions on the Bill of Rights and civil liberties concerns over the last few years, and his work on the overreaches of executive power, in particular, has been superb.
The YouTube at left is one such speech at the UC Davis School of Law. It's a bit long, but the discussions of Fourth Amendment protections versus the powerful disregard for the individual's liberty that underlies the "unilateral executive" legal theories is masterfully laid out, and something that everyone on all sides of the political divide would do well to think about as a long-term concern for this country.
Prof. Chemerinsky wrote a piece for Slate back in 2006 on the NSA domestic spying and FISA breach that still holds today on a host of issues. In it, he said:
The Bill of Rights is a constant reminder that the ends do not justify some means. Surely, there would be less crime and more safety if the police could search anyone's person or property, at any time, without a level of suspicion that meets the legal definition of probable cause. But a society that values privacy and dignity does not accord the police such authority, even when the objective is fighting terrorism....
The core requirement of the Fourth Amendment is that, subject to narrow exceptions, police searches and wiretaps must be authorized by a warrant issued by a judge and based on probable cause. The framers of the Constitution were deeply distrustful of executive power and wanted to make sure that searches and arrests were authorized by a neutral magistrate.
And that is the essence of the fight, not just on FISA but on all of the broad executive power grabs that surround it. One only need look at the theoretical underpinnings of the disastrous Yoo memorandum on torture to see the flaws in the "no oversight necessary" logic writ painfully large.
The need for a third party to have outside oversight in cases of enormous executive power over the citizens it is to protect all of us -- because we have a government filled with flawed human beings who make decisions on the fly that can have lasting and harmful consequences or highly petty, egotistical or vindictive underpinnings. And the Founders of this nation knew about disastrous consequences and petty bickering because they lived them through their own actions and those of their fellows, and ingeniously tried to build in checks and balances for this from the start. Those checks and balances are undermined to all of our detriment, as we'll discuss in more detail with Prof. Chemerinsky on Monday.
Please join us for First Monday on April 7th at 1:30 pm ET/10:30 am PT for a discussion of our civil liberties with Erwin Chemerinsky. This is one that you will not want to miss...
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So, Christy!
Good morning Prof…i have been a big fan, for many years!
and Good Morning Christy…thank you for this.
AWESOME!
wow Christy, what a get! you rawk!
Can’t wait ’til Monday!
Prof.,what do you think of our Att.Generals stunning 9/11 claims the other day?
oops,have to wait till Monday….dayuuuuuuum
i rally do love the guy…his delivery is priceless…must get more cuppa,not really humming yet..”g”
Morning all. I’m so thrilled we’ll have Prof. Chemerinsky here to talk civil liberties and executive overreach, among many other issues on which he is an expert. Should be a great discussion, and he’s writing a piece for us to start things off as well…
The YouTube above is rather long, but it’s an amazing lay out of all the unilateral executive power grabs in one fell swoop. Exceptional speech about the foundations of liberty and the erosion thereof in the last few years.
sounds great, christy.
and just an fyi for folks on macs (maybe pcs too, for all i know) the most recent version of real player includes a downloader that will download youtubes to your desktop to play later. especially helpful for those longer youtubes, like todays.
Thank you selise!
you are the go-to to go to for AV
Yeah, this video is a long one, but the whole lecture is truly such a clear distillation of the legal issues involved in so much of what we’ve discussed on executive overreach, that I thought folks would get a lot out of it when they had time to watch. The Q&A at the end is quite good as well…
Thanks for that YouTube, Christy! Too scary to show to kids - maybe most adults, too…
I’ve always just liked Erwin Chemerinsky, something so sensible and comfortable about him, seems like someone who is capable of listening.
Sure would be a treat to have him as a prof.
ok must go do stuff ,but did ya see this?
McGiggolo
http://www.huffingtonpost.com/.....94833.html
dagnabit, i won’t be near a computer :( *pout*
Does Chemerinsky still appear often as a legal consultant on air?
I don’t get the upper cable channels, like MSNBC, CNN, FOX, or CNBC.
It’s a great discussion, ET — and I hoped to give it a little more visibility, because it hits all the notes we ought to be discussing in more depth in the broader media and public contexts. But we, sadly, aren’t doing nearly enough of it.
Yeah, too busy with bowling scores and such.
Kudos for arranging this, Christy. I’ve invited some people who have not yet participated in FDL to be here for this conversation.
Watching the Sen. Banking Committee. Chris Cox looks like he hasn’t slept in about a week. The members must be getting some scorcher phone calls from frightened constituents.
on CSPAN 3 they are broadcasting live The Senate Banking Committee hearing on the U.S. financial markets. Witnesses include Fed. Reserve Chairman Ben Bernanke and Securities & Exchange Commission Chairman Christopher Cox and the chief executives of Bear Stearns and JP Morgan Chase.
.
psst Hi egregious! You’ve got me Clifornia dremain’
I bet they are getting scorching phone calls. Was talking to a nice elderly lady in line ahead of me at the drug store the other day about how filling up her heating oil tank was triple what it was just two years ago, and she was having to pay more for her drugs even though she’d signed up for a benefit package that was supposed to have reduced her costs. She was spitting mad and absolutely terrified trying to manage her expenses on a fixed income. I can’t blame her for being terrified, frankly…
Yes — bowling scores and Britney’s panties. Bread and circuses, anyone?
Did anyone catch Morning Joe on MSNBC this morning — where McCain said something to the effect that whether or not we are in a recession is an interesting academic discussion? I caught it as I was making breakfast and didn’t get the Tivo stopped in time to run it back and get an exact quote. Wondering if anyone else caught it?
Nope, woke up and started watching this great speech by Chemerinsky.
Can we end the War on Terror now?
Part of the reason so many people are scared and/or anxious, is all these programs are so convoluted and complicated that nobody understands what they’re being told. And there are too damned many predators out there.
They call up old people and try to fast talk them into reverse mortgages, they pimp healthcare programs too convoluted for people to understand, the whole system is skewed toward Mega-Big Corps, and screw we-the-people. A major lender of college student loans has just announced they’re not lending [heard on the fly, didn’t get details].
Everybody’s now at risk. Because the house of cards is not just one segment of the market in a popped bubble, like the tech bubble burst. It’s every single portion of the economy and our society.
And when people are at risk for and focused on basic survival, the predators can do their worst on destroying their civil liberties and civil rights.
Prairie Today: Health. Care.
I’m busy writing exams for two classes, so fdl is distraction enough. But I did catch one sort of like this the other day on the car radio:
“Well, ___(some pundit)__, only nine out of ten economists believe we’re in recession now, so the jury’s still out.”
Five more miles.
Now quit poking your sister.
Yesterday on NPR Bernake said it was premature to say the country is in a recession until more data is gathered. I’m guessing that data will be available on November 9, 2008.
You know, that would be worth a laugh if it weren’t so sadly true… SIGH
Watched Imus this morning. Carl Bernstein on and I hope to have a link later at my homeblog. Also Craig Crawford for quasi-comic relief.
They did a powerful tribute re Martin Luther King this morning, using the audio of RFK’s announcing to the crowd of his assassination. Tomorrow, the 40th anniversary of that day, they’re doing extended interviews. I know the history of Imus, but I gotta say, he’s more than living up to his pledge of change these days.
Didn’t see that, but McClatchy has a broad strokes background piece up on McCain’s advisors on economic matters:
That whole “work in progress” thing is cute. If I didn’t know better, that refrain of “In the past . . . but now . . . He once . . . but now . . . He used to think . . . but now . . .” would make me think McCain is flip-flopping or being indecisive.
Glad that’s been cleared up.
But Phil Gramm for SecTreas? That ought to make Wall St nervous.
It should be mentioned that Chemerinsky will be the founding dean of the new law school at the University of California, Irvine. I believe that happens in 2009.
And wasn’t there a big kerfuffle about that?
Christy,
Thanks for arranging this…..am highly anticipating the chat. My daughter is blessed to be enrolled in EC’s Con Law class this semester.
She says he’s as fine a man as he is an attorney and scholar.
UC-Irvine is really fortunate to have him as their new law dean.
I’m a total Chemer-ite! I love me some Erwin and have since my law school days at McGeorge. It is my fervent hope that one day soon, our new president will nominate Erwin to the Supreme Court.
The Constitution is a document worth our collective efforts to save.