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Annotation 1 – First Amendment – FindLaw

Posted: September 22, 2016 at 7:46 pm

RELIGION

An Overview

Madison’s original proposal for a bill of rights provision concerning religion read: ”The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretence, infringed.” 1 The language was altered in the House to read: ”Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience.” 2 In the Senate, the section adopted read: ”Congress shall make no law establishing articles of faith, or a mode of worship, or prohibiting the free exercise of religion, . . .” 3 It was in the conference committee of the two bodies, chaired by Madison, that the present language was written with its some what more indefinite ”respecting” phraseology. 4 Debate in Congress lends little assistance in interpreting the religion clauses; Madison’s position, as well as that of Jefferson who influenced him, is fairly clear, 5 but the intent, insofar as there was one, of the others in Congress who voted for the language and those in the States who voted to ratify is subject to speculation.

Scholarly Commentary .–The explication of the religion clauses by the scholars has followed a restrained sense of their meaning. Story, who thought that ”the right of a society or government to interfere in matters of religion will hardly be contested by any persons, who believe that piety, religion, and morality are intimately connected with the well being of the state, and indispensable to the administration of civil justice,” 6 looked upon the prohibition simply as an exclusion from the Federal Government of all power to act upon the subject. ”The situation . . . of the different states equally proclaimed the policy, as well as the necessity of such an exclusion. In some of the states, episcopalians constituted the predominant sect; in others presbyterians; in others, congregationalists; in others, quakers; and in others again, there was a close numerical rivalry among contending sects. It was impossible, that there should not arise perpetual strife and perpetual jealousy on the subject of ecclesiastical ascendancy, if the national government were left free to create a religious establishment. The only security was in extirpating the power. But this alone would have been an imperfect security, if it had not been followed up by a declaration of the right of the free exercise of religion, and a prohibition (as we have seen) of all religious tests. Thus, the whole power over the subject of religion is left exclusively to the state governments, to be acted upon according to their own sense of justice, and the state constitutions; and the Catholic and the Protestant, the Calvinist and the Arminian, the Jew and the Infidel, may sit down at the common table of the national councils, without any inquisition into their faith, or mode of worship.” 7

”Probably,” Story also wrote, ”at the time of the adoption of the constitution and of the amendment to it, now under consideration, the general, if not the universal, sentiment in America was, that Christianity ought to receive encouragement from the state, so far as was not incompatible with the private rights of conscience, and the freedom of religious worship. An attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation, if not universal indignation.” 8 The object, then, of the religion clauses in this view was not to prevent general governmental encouragement of religion, of Christianity, but to prevent religious persecution and to prevent a national establishment. 9

This interpretation has long since been abandoned by the Court, beginning, at least, with Everson v. Board of Education, 10 in which the Court, without dissent on this point, declared that the Establishment Clause forbids not only practices that ”aid one religion” or ”prefer one religion over another,” but as well those that ”aid all religions.” Recently, in reliance on published scholarly research and original sources, Court dissenters have recurred to the argument that what the religion clauses, principally the Establishment Clause, prevent is ”preferential” governmental promotion of some religions, allowing general governmental promotion of all religion in general. 11 The Court has not responded, though Justice Souter in a major concurring opinion did undertake to rebut the argument and to restate the Everson position. 12

Court Tests Applied to Legislation Affecting Religion .–Before considering the development of the two religion clauses by the Supreme Court, one should notice briefly the tests developed by which religion cases are adjudicated by the Court. While later cases rely on a series of rather well-defined, if difficult-to-apply, tests, the language of earlier cases ”may have [contained] too sweeping utterances on aspects of these clauses that seemed clear in relation to the particular cases but have limited meaning as general principles.” 13 It is well to recall that ”the purpose [of the religion clauses] was to state an objective, not to write a statute.” 14

In 1802, President Jefferson wrote a letter to a group of Baptists in Danbury, Connecticut, in which he declared that it was the purpose of the First Amendment to build ”a wall of separation between Church and State.” 15 In Reynolds v. United States, 16 Chief Justice Waite for the Court characterized the phrase as ”almost an authoritative declaration of the scope and effect of the amendment.” In its first encounters with religion-based challenges to state programs, the Court looked to Jefferson’s metaphor for substantial guidance. 17 But a metaphor may obscure as well as illuminate, and the Court soon began to emphasize neutrality and voluntarism as the standard of restraint on governmental action. 18 The concept of neutrality itself is ”a coat of many colors,” 19 and three standards that could be stated in objective fashion emerged as tests of Establishment Clause validity. The first two standards were part of the same formulation. ”The test may be stated as follows: what are the purpose and the primary effect of the enactment? If either is the advancement or inhibition of religion then the enactment exceeds the scope of legislative power as circumscribed by the Constitution. That is to say that to withstand the strictures of the Establishment Clause there must be a secular legislative purpose and a primary effect that neither advances nor inhibits religion.” 20 The third test is whether the governmental program results in ”an excessive government entanglement with religion. The test is inescapably one of degree . . . [T]he questions are whether the involvement is excessive, and whether it is a continuing one calling for official and continuing surveillance leading to an impermissible degree of entanglement.” 21 In 1971 these three tests were combined and restated in Chief Justice Burger’s opinion for the Court in Lemon v. Kurtzman, 22 and are frequently referred to by reference to that case name.

Although at one time accepted in principle by all of the Justices, 23 the tests have sometimes been difficult to apply, 24 have recently come under direct attack by some Justices, 25 and with increasing frequency have not been applied at all by the Court. 26 While continued application is uncertain, the Lemon tests nonetheless have served for twenty years as the standard measure of Establishment Clause validity and explain most of the Court’s decisions in the area. 27 As of the end of the Court’s 1991-92 Term, there was not yet a consensus among Lemon critics as to what substitute test should be favored. 28 Reliance on ”coercion” for that purpose would eliminate a principal distinction between establishment cases and free exercise cases and render the Establishment Clause largely duplicative of the Free Exercise Clause. 29

Justice O’Connor has suggested that it is inappropriate to try to shoehorn all Establishment cases into one test, and has called instead for recognition that different contexts may call for different approaches. Supp.1 For example, the Justice proposes that cases involving government ”speech” on religious topics be judged by an endorsement test that would invalidate government actions only if a reasonable observer would perceive the action as an endorsement or disapproval of religious belief. Supp.2

Government Neutrality in Religious Disputes .–One value that both clauses of the religion section serve is to enforce governmental neutrality in deciding controversies arising out of religious disputes. Schism sometimes develops within churches or between a local church and the general church, resulting in secession or expulsion of one faction or of the local church. A dispute over which body is to have control of the property of the church will then often be taken into the courts. It is now established that both religion clauses prevent governmental inquiry into religious doctrine in settling such disputes, and instead require courts simply to look to the decision-making body or process in the church and to give effect to whatever decision is officially and properly made.

The first such case was Watson v. Jones, 30 which was decided on common-law grounds in a diversity action without explicit reliance on the First Amendment. A constitutionalization of the rule was made in Kedroff v. St. Nicholas Cathedral, 31 in which the Court held unconstitutional a state statute that recognized the autonomy and authority of those North American branches of the Russian Orthodox Church which had declared their independence from the general church. Recognizing that Watson v. Jones had been decided on nonconstitutional grounds, the Court thought nonetheless that the opinion ”radiates . . . a spirit of freedom for religious organizations, and independence from secular control or manipulation–in short, power to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine.” 32 The power of civil courts to resolve church property disputes was severely circumscribed, the Court held, because to permit resolution of doctrinal disputes in court was to jeopardize First Amendment values. What a court must do, it was held, is to look at the church rules: if the church is a hierarchical one which reposes determination of ecclesiastical issues in a certain body, the resolution by that body is determinative, while if the church is a congregational one prescribing action by a majority vote, that determination will prevail. 33 On the other hand, a court confronted with a church property dispute could apply ”neutral principles of law, developed for use in all property disputes,” when to do so would not require resolution of doctrinal issues. 34 In a later case the Court elaborated on the limits of proper inquiry, holding that an argument over a matter of internal church government, the power to reorganize the dioceses of a hierarchical church in this country, was ”at the core of ecclesiastical affairs” and a court could not interpret the church constitution to make an inde pendent determination of the power but must defer to the interpretation of the body authorized to decide. 35

In Jones v. Wolf, 36 however, a divided Court, while formally adhering to these principles, appeared to depart in substance from their application. A schism had developed in a local church which was a member of a hierarchical church, and the majority voted to withdraw from the general church. The proper authority of the general church determined that the minority constituted the ”true congregation” of the local church and awarded them authority over it. The Court approved the approach of the state court in applying neutral principles by examining the deeds to the church property, state statutes, and provisions of the general church’s constitution concerning ownership and control of church property in order to determine that no language of trust in favor of the general church was contained in any of them and that the property thus belonged to the local congregation. 37 Further, the Court held, the First Amendment did not prevent the state court from applying a presumption of majority rule to award control to the majority of the local congregation, provided that it permitted defeasance of the presumption upon a showing that the identity of the local church is to be determined by some other means as expressed perhaps in the general church charter. 38 The dissent argued that to permit a court narrowly to view only the church documents relating to property ownership permitted the ignoring of the fact that the dispute was over ecclesiastical matters and that the general church had decided which faction of the congregation was the local church. 39

Thus, it is unclear where the Court is on this issue. Jones v. Wolf restated the rule that it is improper to review an ecclesiastical dispute and that deference is required in those cases, but by approving a neutral principles inquiry which in effect can filter out the doctrinal issues underlying a church dispute, the Court seems to have approved at least an indirect limitation of the authority of hierarchical churches. 40

Footnotes

[Footnote 1] 1 Annals of Congress 434 (June 8, 1789).

[Footnote 2] The committee appointed to consider Madison’s proposals, and on which Madison served, with Vining as chairman, had rewritten the religion section to read: ”No religion shall be established by law, nor shall the equal rights of conscience be infringed.” After some debate during which Madison suggested that the word ”national” might be inserted before the word ”religion” as ”point[ing] the amendment directly to the object it was intended to prevent,” the House adopted a substitute reading: ”Congress shall make no laws touching religion, or infringing the rights of conscience.” 1 Annals of Congress 729-31 (August 15, 1789). On August 20, on motion of Fisher Ames, the language of the clause as quoted in the text was adopted. Id. at 766. According to Madison’s biographer, ”[t]here can be little doubt that this was written by Madison.” I. Brant, James Madison–Father of the Constitution 1787-1800 at 271 (1950).

[Footnote 3] This text, taken from the Senate Journal of September 9, 1789, appears in 2 B. Schwartz (ed.), The Bill of Rights: A Documentary History 1153 (1971). It was at this point that the religion clauses were joined with the freedom of expression clauses.

[Footnote 4] 1 Annals of Congress 913 (September 24, 1789). The Senate concurred the same day. See I. Brant, James Madison–Father of the Constitution 1787-1800, 271-72 (1950).

[Footnote 5] During House debate, Madison told his fellow Members that ”he apprehended the meaning of the words to be, that Congress should not establish a religion, and enforce the legal observation of it by law, nor compel men to worship God in any Manner contrary to their conscience.” 1 Annals of Congress 730 (August 15, 1789). That his conception of ”establishment” was quite broad is revealed in his veto as President in 1811 of a bill which in granting land reserved a parcel for a Baptist Church in Salem, Mississippi; the action, explained President Madison, ”comprises a principle and precedent for the appropriation of funds of the United States for the use and support of religious societies, contrary to the article of the Constitution which declares that ‘Congress shall make no law respecting a religious establishment.”’ 8 The Writings of James Madison (G. Hunt. ed.) 132-33 (1904). Madison’s views were no doubt influenced by the fight in the Virginia legislature in 1784-1785 in which he successfully led the opposition to a tax to support teachers of religion in Virginia and in the course of which he drafted his ”Memorial and Remonstrance against Religious Assessments” setting forth his thoughts. Id. at 183-91; I. Brant, James Madison–The Nationalist 1780-1787, 343-55 (1948). Acting on the momentum of this effort, Madison secured passage of Jefferson’s ”Bill for Religious Liberty”. Id. at 354; D. Malone, Jefferson the Virginian 274-280 (1948). The theme of the writings of both was that it was wrong to offer public support of any religion in particular or of religion in general.

[Footnote 6] 3 J. Story, Commentaries on the Constitution of the United States 1865 (1833).

[Footnote 7] Id. at 1873.

[Footnote 8] Id. at 1868.

[Footnote 9] For a late expounding of this view, see T. Cooley, General Principles of Constitutional Law in the United States 224-25 (3d ed. 1898).

[Footnote 10] 330 U.S. 1, 15 (1947). Establishment Clause jurisprudence since, whatever its twists and turns, maintains this view.

[Footnote 11] Wallace v. Jaffree, 472 U.S. 38, 91 (1985) (then-Justice Rehnquist dissenting). More recently, dissenters, including now-Chief Justice Rehnquist, have appeared reconciled to a ”constitutional tradition” in which governmental endorsement of religion is out of bounds, even if it is not correct as a matter of history. See Lee v. Weisman, 112 S. Ct. 2649, 2678, 2683-84 (1992) (Justice Scalia, joined by the Chief Justice and Justices White and Thomas, dissenting).

[Footnote 12] Lee v. Weisman, 112 S. Ct. 2649, 2667 (1992) (Justice Souter, joined by Justices Stevens and O’Connor, concurring).

[Footnote 13] Walz v. Tax Comm’n, 397 U.S. 664, 668 (1970).

[Footnote 14] Id.

[Footnote 15] 16 The Writings of Thomas Jefferson 281 (A. Libscomb ed., 1904).

[Footnote 16] 98 U.S. 145, 164 (1879).

[Footnote 17] Everson v. Board of Education, 330 U.S. 1, 16 (1947); Illinois ex rel. McCollum v. Board of Education, 333 U.S. 203, 211 , 212 (1948); cf. Zorach v. Clauson, 343 U.S. 306, 317 (1952) (Justice Black dissenting). In Lemon v. Kurtzman, 403 U.S. 602, 614 (1971), Chief Justice Burger remarked that ”the line of separation, far from being a ‘wall,’ is a blurred, indistinct and variable barrier depending on all the circumstances of a particular relationship.” Similar observations were repeated by the Chief Justice in his opinion for the Court in Lynch v. Donnelly, 465 U.S. 668, 673 (1984) (the metaphor is not ”wholly accurate”; the Constitution does not ”require complete separation of church and state [but] affirmatively mandates accommodation, not merely tolerance, of all religions, and forbids hostility toward any”).

[Footnote 18] Zorach v. Clauson, 343 U.S. 306, 314 (1952); Engel v. Vitale, 370 U.S. 421 (1962); Sherbert v. Verner, 374 U.S. 398 (1963); Abington School District v. Schempp, 374 U.S. 203, 305 (1963) (Justice Goldberg concurring); Walz v. Tax Comm’n, 397 U.S. 664, 694 -97 (1970) (Justice Harlan concurring). In the opinion of the Court in the latter case, Chief Justice Burger wrote: ”The course of constitutional neutrality in this area cannot be an absolutely straight line; rigidity could well defeat the basic purpose of these provisions, which is to insure that no religion be sponsored or favored, none commanded, and none inhibited. The general principle deducible from the First Amendment and all that has been said by the Court is this: that we will not tolerate either governmentally established religion or governmental interference with religion. Short of those expressly proscribed governmental acts there is room for play in the joints productive of a benevolent neutrality which will permit religious exercise to exist without sponsorship and without interference.” Id. at 669.

[Footnote 19] Board of Education v. Allen, 392 U.S. 236, 249 (1968) (Justice Harlan concurring).

[Footnote 20] Abington School District v. Schempp, 374 U.S. 203, 222 (1963).

[Footnote 21] Walz v. Tax Comm’n, 397 U.S. 664, 674 -75 (1970).

[Footnote 22] 403 U.S. 602, 612 -13 (1971).

[Footnote 23] E.g., Committee for Public Educ. & Religious Liberty v. Regan, 444 U.S. 646, 653 (1980), and id. at 665 (dissenting opinion); Stone v. Graham, 449 U.S. 39, 40 (1980), and id. at 43 (dissenting opinion).

[Footnote 24] The tests provide ”helpful signposts,” Hunt v. McNair, 413 U.S. 734, 741 (1973), and are at best ”guidelines” rather than a ”constitutional caliper;” they must be used to consider ”the cumulative criteria developed over many years and applying to a wide range of governmental action.” Inevitably, ”no ‘bright line’ guidance is afforded.” Tilton v. Richardson, 403 U.S. 672, 677 -78 (1971). See also Committee for Public Educ. & Religious Liberty v. Nyquist, 413 U.S. 756, 761 & n.5, 773 n.31 (1973); Committee for Public Educ. & Religious Liberty v. Regan, 444 U.S. 646, 662 (1980), and id. at 663 (Justice Blackmun dissenting).

[Footnote 25] See, e.g., Edwards v. Aguillard, 482 U.S. 578, 636 -40 (1987) (Justice Scalia, joined by Chief Justice Rehnquist, dissenting) (advocating abandonment of the ”purpose” test); Wallace v. Jaffree, 472 U.S. 38, 108 -12 (1985) (Justice Rehnquist dissenting); Aguilar v. Felton, 473 U.S. 402, 426 -30 (1985) (Justice O’Connor, dissenting) (addressing difficulties in applying the entanglement prong); Roemer v. Maryland Bd. of Public Works, 426 U.S. 736, 768 -69 (Justice White concurring in judgment) (objecting to entanglement test). Justice Kennedy has also acknowledged criticisms of the Lemon tests, while at the samed time finding no need to reexamine them. See, e.g., Allegheny County v. Greater Pittsburgh ACLU, 492 U.S. 573, 655 -56 (1989). At least with respect to public aid to religious schools, Justice Stevens would abandon the tests and simply adopt a ”no-aid” position. Committee for Public Educ. & Religious Liberty v. Regan, 444 U.S. 646, 671 (1980).

[Footnote 26] See Marsh v. Chambers, 463 U.S. 783 (1983) (upholding legislative prayers on the basis of historical practice); Lee v. Weisman, 112 S. Ct. 2649, 2655 (1992) (rejecting a request to reconsider Lemon because the practice of invocations at public high school graduations was invalid under established school prayer precedents); Zobrest v. Catalina Foothills School Dist., 509 U.S. 1 (1993) (upholding provision of sign-language interpreter to deaf student attending parochial school); Board of Educ. of Kiryas Joel Village v. Grumet, 114 S. Ct. 2481 (1994) (invalidating law creating special school district for village composed exclusively of members of one religious sect). The Court has also held that the tripartite test is not applicable when law grants a denominational preference, distinguishing between religions; rather, the distinction is to be subjected to the strict scrutiny of a suspect classification. Larson v. Valente, 456 U.S. 228, 244 -46 (1982).

[Footnote 27] Justice Blackmun, concurring in Lee, contended that Marsh was the only one of 31 Establishment cases between 1971 and 1992 not to be decided on the basis on the Lemon tests. 112 S. Ct. at 2663, n.4.

[Footnote 28] In 1990 Justice Kennedy, joined by Justice Scalia, proposed that ”neutral” accommodations of religion should be permissible so long as they do not establish a state religion, and so long as there is no ”coercion” to participate in religious exercises. Westside Community Bd. of Educ. v. Mergens, 496 U.S. 226, 260 -61. The two Justices parted company, however, over the permissiblity of invocations at public high school graduation ceremonies, Justice Scalia in dissent strongly criticizing Justice Kennedy’s approach in the opinion of the Court for its reliance on psychological coercion. Justice Scalia would not ”expand[ ] the concept of coercion beyond acts backed by threat of penalty.” Lee v. Weisman, 112 S. Ct. 2649, 2684 (1992). Chief Justice Rehnquist has advocated limiting application to a prohibition on establishing a national (or state) church or favoring one religious group over another. Wallace v. Jaffree, 472 U.S. 38, 98 , 106 (1985) (dissenting).

[Footnote 29] Abington School District v. Schempp, 374 U.S. 203, 222 -23 (1963). See also Board of Education v. Allen, 392 U.S. 236, 248 -49 (1968); and Tilton v. Richardson, 403 U.S. 672, 689 (1971); Lee v. Weisman, 112 S. Ct. 2649, 2673 (Justice Souter concurring) (”a literal application of the coercion test would render the Establishment Clause a virtual nullity”).

[Footnote 1 (1996 Supplement)] Board of Educ. of Kiryas Joel Village v. Grumet,114 S. Ct. 2481, 2498-99 (1994).

[Footnote 2 (1996 Supplement)] Lynch v. Donnelly, 465 U.S. 668, 688 (1984) (concurring); Allegheny County v. Greater Pittsburgh ACLU, 492 U.S. 573, 625 (1989) (concurring); Board of Educ. of Kiryas Joel Village v. Grumet, 114 S. Ct. 2481, 2500 (1994) (concurring).

[Footnote 30] 80 U.S. (13 Wall.) 679 (1872).

[Footnote 31] 344 U.S. 94 (1952). Kedroff was grounded on the Free Exercise Clause. Id. at 116. But the subsequent cases used a collective ”First Amendment” designation.

[Footnote 32] Id. at 116. On remand, the state court adopted the same ruling on the merits but relied on a common-law rule rather than the statute. This too was struck down. Kreshik v. St. Nicholas Cathedral, 363 U.S. 190 (1960).

[Footnote 33] Presbyterian Church v. Hull Memorial Presbyterian Church, 393 U.S. 440, 447 , 450-51 (1969); Maryland and Virginia Eldership of the Churches of God v. Church of God at Sharpsburg, 396 U.S. 367 (1970). For a similar rule of neutrality in another context, see United States v. Ballard, 322 U.S. 78 (1944) (denying defendant charged with mail fraud through dissemination of purported religious literature the right to present to the jury evidence of the truthfulness of the religious views he urged).

[Footnote 34] Presbyterian Church v. Hull Memorial Presbyterian Church, 393 U.S. 440, 449 (1969); Maryland and Virginia Eldership of the Churches of God v. Church of God of Sharpsburg, 396 U.S. 367, 368 (1970). See also id. at 368-70 (Justice Brennan concurring).

[Footnote 35] The Serbian Eastern Orthodox Diocese v. Dionisije Milivojevich, 426 U.S. 697, 720 -25 (1976). In Gonzalez v. Archbishop, 280 U.S. 1 (1929), the Court had permitted limited inquiry into the legality of the actions taken under church rules. The Serbian Eastern Court disapproved of this inquiry with respect to concepts of ”arbitrariness,” although it reserved decision on the ”fraud” and ”collusion” exceptions. 426 U.S. at 708 -20.

[Footnote 36] 443 U.S. 595 (1979). In the majority were Justices Blackmun, Brennan, Marshall, Rehnquist, and Stevens. Dissenting were Justices Powell, Stewart, White, and Chief Justice Burger.

[Footnote 37] Id. at 602-06.

[Footnote 38] Id. at 606-10. Because it was unclear whether the state court had applied such a rule and applied it properly, the Court remanded.

[Footnote 39] Id. at 610.

[Footnote 40] The Court indicated that the general church could always expressly provide in its charter or in deeds to property the proper disposition of disputed property. But here the general church had decided which faction was the ”true congregation,” and this would appear to constitute as definitive a ruling as the Court’s suggested alternatives. Id. at 606.

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Annotation 1 – First Amendment – FindLaw

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Should privacy legislation influence how courts interpret the …

Posted: September 18, 2016 at 8:12 am

I recently posted a revised draft of my forthcoming article, The Effect of Legislation on Fourth Amendment Interpretation, and I thought I would blog a bit about it. The article considers a recurring question in Fourth Amendment law: When courts are called on to interpret the Fourth Amendment, and there is privacy legislation on the books that relates to the governments conduct, should the existence of legislation have any effect on how the Fourth Amendment is interpreted? And if it should have an effect, what effect should it have?

I was led to this question by reading a lot of cases in which the issue came up and was answered in very different ways by particularly prominent judges. When I assembled all the cases, I found that judges had articulated three different answers. None of the judges seemed aware that the question had come up in other cases and had been answered differently there. Each of the three answers seemed plausible, and each tapped into important traditions in constitutional interpretation. So you have a pretty interesting situation: Really smart judges were running into the same question and answering it in very different ways, each rooted in substantial traditions, with no one approach predominating and no conversation about which approach was best. It seemed like a fun issue to explore in an article.

In this post Ill summarize the three approaches courts have taken. I call the approaches influence, displacement and independence. For each approach, Ill give one illustrative case. But theres a lot more where that came from: For more details on the three approaches and the cases supporting them, please read the draft article.

1. Influence. In the influence cases, legislation is considered a possible standard for judicial adoption under the Fourth Amendment. The influence cases rest on a pragmatic judgment: If courts must make difficult judgment calls about how to balance privacy and security, and legislatures have done so already in enacting legislation, courts can draw lessons from the thoughtful judgment of a co-equal branch. Investigative legislation provides an important standard for courts to consider in interpreting the Fourth Amendment. Its not binding on courts, but its a relevant consideration.

The Supreme Courts decision in United States v. Watsonis an example of the influence approach. Watson considered whether it is constitutionally reasonable for a postal inspector to make a public arrest for a felony offense based on probable cause but without a warrant. A federal statute expressly authorized such warrantless arrests. The court ruled that the arrests were constitutional without a warrant and that the statute was constitutional. Justice Whites majority opinion relied heavily on deference to Congresss legislative judgment. According to Justice White, the statute authorizing the arrests represents a judgment by Congress that it is not unreasonable under the Fourth Amendment for postal inspectors to arrest without a warrant provided they have probable cause to do so. That judgment was entitled to presumptive deference as the considered judgment of a co-equal branch. Because there is a strong presumption of constitutionality due to an Act of Congress, the court stated, especially when it turns on what is reasonable, then obviously the Court should be reluctant to decide that a search thus authorized by Congress was unreasonable and that the Act was therefore unconstitutional.

2. Displacement. In the displacement cases, the existence of legislation counsels against Fourth Amendment protection that might interrupt the statutory scheme. Because legislatures can often do a better job at balancing privacy and security in new technologies as compared to courts, courts should reject Fourth Amendment protection as long as legislatures are protecting privacy adequately to avoid interfering with the careful work of the legislative branch. The existence of investigative legislation effectively preempts the field and displaces Fourth Amendment protection that may otherwise exist.

Justice Alitos concurrence in Riley v. Californiais an example of the displacement approach. Riley held that the government must obtain a search warrant before searching a cellphone incident to a suspects lawful arrest. Justice Alito concurred, agreeing with the majority only in the absence of adequate legislation regulating cellphone searches. I would reconsider the question presented here, he wrote, if either Congress or state legislatures, after assessing the legitimate needs of law enforcement and the privacy interests of cell phone owners, enact legislation that draws reasonable distinctions based on categories of information or perhaps other variables.

The enactment of investigative legislation should discourage judicial intervention, Justice Alito reasoned, because [l]egislatures, elected by the people, are in a better position than we are to assess and respond to the changes that have already occurred and those that almost certainly will take place in the future. Although Fourth Amendment protection was necessary in the absence of legislation, the enactment of legislation might be reason to withdraw Fourth Amendment protection to avoid the very unfortunate result of federal courts using the blunt instrument of the Fourth Amendment to try to protect privacy in emerging technologies.

3. Independence. In the independence cases, courts treat legislation as irrelevant to the Fourth Amendment. Legislatures are free to supplement privacy protections by enacting statutes, of course. But from the independence perspective, legislation sheds no light on what the Fourth Amendment requires. Courts must independently interpret the Fourth Amendment, and what legislatures have done has no relevance.

An example of independence is Virginia v. Moore, where the Supreme Court decided whether the search incident to a lawful arrest exception incorporates the state law of arrest. Moore was arrested despite a state law saying his crime could not lead to arrest; the question was whether the state law violation rendered the arrest unconstitutional. According to the court, whether state law made the arrest lawful was irrelevant to the Fourth Amendment. It was the courts duty to interpret the Fourth Amendment, and what the legislature decided about when arrests could be made was a separate question. History suggested that the Fourth Amendment did not incorporate statutes. And the states decision of when to make arrests was not based on the Fourth Amendment and was based on other considerations, such as the costs of arrests and whether the legislature valued privacy more than the Fourth Amendment required. Constitutionalizing the state standard would only frustrate the states efforts to achieve those goals, as it would mean los[ing] control of the regulatory scheme and might lead the state to abandon restrictions on arrest altogether. For that reason, the statute regulating the police was independent of the Fourth Amendment standard.

Those are the three approaches. The next question is, which is best? Ill offer some thoughts on that in my next post.

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Acorn Community

Posted: August 19, 2016 at 4:16 am

A few weeks ago, we decided to have a Thursday meeting on the subject of labor. To get it started, I rolled a piece of paper across the entire living room and invited people to write down what kinds of labor we do at Acorn, with a couple categories I put in, and left a note encouraging others to write MORE BOXES, MORE WORDS.

I left the poster out for several days for people to add to it, and at the end, although it was useful to us in other ways, I thought it might be useful to new people to get an idea of the kinds of things that we do at Acorn.

Southern Exposure Seed Exchange is our biggest labor area. From growing seeds to winnowing, germination testing, receiving orders, tracking inventory, printing seed packets, packing seeds, picking orders, shipping orders, customer service, troubleshooting and more.

Domestic work is mostly work that people outside of community dont count as work. At Acorn, an hour of domestic work is just the same as any other hour of work, and includes cooking, food processing, laundry, childcare, taking out the trash, keeping the woodstoves running, baking bread and most importantly, cleaning special areas, which is anywhere special enough that you decide to clean it. Almost everyone does domestic work of some kind, and some people specialize in it to some degree.

Landscaping and Perennials includes a large portion of mowing grass, but also includes our trees and bushes, which we plant, water when theyre new, mulch, and prune. Our shiitake mushroom logs also go under this. Killing poison ivy is an important component of this category. Every garden-oriented person looked at this chart and said that they would like to do more of these things until Acorn was a beautiful permaculture landscape, but that the garden takes up too much of their time.

Garden work is for vegetables and herbs for kitchen use, as well as seed crops and trials for the business, and includes the normal direct sowing, transplanting, weeding, mulching, harvesting, seed processing, and pest control that you would expect, as well as greenhouse work, irrigation, keeping our tools organized and in good repair, soil testing and amending the soil, and prioritizing work and throwing work parties so people know what to do.

Auto is mainly routine maintenance, keeping paperwork up to date, troubleshooting car and tractor problems, and driving cars to the shop when theyre out of our league to fix. Currently, we dont have the skills or tools to effectively fix complex car problems, although our neighbor John comes over to fix our tractors. This labor area also includes biking to displace car usage.

Accounting includes a lot of bookkeeping, such as entering the numbers from trip, checkbooks, credit cards, bank deposits, and business. Auditing and making sure things are credited to the correct accounts, and also nagging people is an important component of this (turn in your trip accounting! who made this credit card charge?!) Annual taxes is also in here, which includes sales tax for the business as well as personal 1099 tax forms and state taxes for each of the communards. Annual financial reports are made so that we can make our budget are made once the fiscal years bookkeeping is complete.

Visitor category includes answering e-mails at info@acorncommunity.org, talking to potential visitors on the phone, and scheduling, which is done by mostly the same three people. Giving tours and orientations is done by lots of people, and having a visitor buddy and checking in with them is also considered labor-creditable work.

Forestry is a neglected area, which is partially because all of our accessible forest land has been sustainably harvested about as much as its capable of sustaining. We either move into cutting down trees in the swamp, or buying firewood

Livestock includes our chickens, pigs, and goats. The broad categories are daily feeding and watering, fencing and housing concerns, taking care of babies, slaughtering and meat processing, and some specific bits were added: trimming chickens wings and goats hooves, and milking our dairy goats.

Acquisitions is typified by the town trip, where a single person goes into town and buys everything people asked for on a sheet of paper (or two or three). It also includes city trips to get special things, going dumpster-diving or searching thrift stores for things we need while youre out, and picking up large loads in the cargo van such as our favorite free food connections or livestock feed. I also included trash disposal here, although it doesnt exactly fit, but someone does need to drive our entire trash trailer to the landfill sometimes.

Recreation is, in fact, a labor and budget area that is collectively important to us. This includes party planning and music preparation, set-up and clean-up. Theres also the organization of craft supplies and hosting recreative activities (like group read-alouds or yoga or jiu jitsu classes), and the very important job of lighting the fire under the hot tub when it seems like a good hot tub day.

Personal Responsibility is important. Not all personal responsibilities are considered labor-creditable, but everyone agrees that going to the doctor and dentist is important and you get labor hours for it. People can claim two hours of personal exercise a week as labor-creditable. Two important entries on the chart are putting shit away and cancellation of personal entropy through cleaning, which are highly valued traits in communards.

Finding Shit is its own category. Everyone spends lots of time doing it.

Computers/IT is largely handled by the same two people. They build computers, install new programs, monitor the server, make server upgrades, and manage our disk space and backups. They keep our business database software and metrics running despite their constant desire to die, update the databases, write new queries and modify old ones. They shop for new computer parts and research new technologies, and try to expand, improve, and fix services they have like our new accounting software, the internal Acorn Wiki, the project manager and test manager. And, of course, they vacuum dust out of our hardware and fix things as needed.

Maintenance involves noticing missing or broken shit and taking steps to repair or replace it. Big areas people mentioned include building maintenance, cleaning gutters, chimneys, and furnaces, and maintaining our bike fleet, but of course there are many things on the farm to be maintained.

Electrical requires us to pick up and entertain Milo. Occasionally people have learned electrical things from him, but our roving electrician solves most of our problems.

Plumbing was summed up by digging and working in a muddy hole, which is some of it, but it also includes unclogging drains, installing new plumbing or fixtures, and keeping water coolers full for buildings that dont have drinking water.

Interpersonal Process includes scheduled things like attending (or facilitating) weekly meetings, and doing your required clearnesses. It also includes mediating between two people, or being an advocate for someone in an official capacity, or serving on a care team for someone who needs extra help.

The Federation of Egalitarian Communities is exactly whats in the name, a collection of other egalitarian, income-sharing communities. We have an annual assembly and monthly conference calls for our two FEC delegates. One of our delegates writes the Dirt & Dreams internal newsletter, and another of our members has been re-creating the FEC website. FEC work also includes LEX (Labor EXchange), the most exciting part of being in the FEC, where you get to travel to other communities without having to take your vacation time because youre working for them while youre there. Lots of people LEX at local communities including Twin Oaks, Sapling, and Living Energy Farm, and one or two times a year we go on long-distance LEX trips, like going to Missouri to help Sandhill with their fall sorghum harvest.

Activism and Movement Support includes our relationship with the local community and activities to support sustainable agriculture, intentional community, and egalitarian values. Major projects here include Plant-A-Row for the Hungry, a project we sponsor at the local food pantry along with the Louisa County Master Gardeners. Some of us have served on boards of organizations like the Virginia Association of Biological Farming and the Organic Seed Alliance. One of our members is developing websites for the FEC and FIC (Fellowship of Intentional Community). We have labor exchange agreements outside of the FEC with like-minded co-ops such as the Baltimore Free Farm and the Wingnut of Richmond. We have regular tours from CRAFT (Chesapeake Regional Alliance of Farmer Training) and have organized young farmer events. Point A is a big project that some of our members and others are working to promote urban income-sharing communities.

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Acorn Community

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Twin Oaks Intentional Community – Twin Oaks Intentional …

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Twin Oaks is an intentional community in rural central Virginia, made up of around 90 adult members and 15 children. Since the community’s beginning in 1967, our way of life has reflected our values of cooperation, sharing, nonviolence, equality, and ecology. We welcome you toschedule a visit.

We do not have a group religion; our beliefs are diverse. We do not have a central leader; we govern ourselves by a form of democracy with responsibility shared among various managers, planners, and committees. We are self-supporting economically, and partly self-sufficient. We are income-sharing. Each member works 42 hours a week in the community’s business and domestic areas. Each member receives housing, food, healthcare, and personal spending money from the community.

Our hammocks and casual furniture business has generated most of our income in the past. Making tofu as of 2011 has become roughly equal in importance to hammocks. Indexing books and now seed growing are also significant sources of income. Still, less than half of our work goes into these income-producing activities; the balance goes into a variety of tasks that benefit our quality of lifeincluding milking cows, gardening, cooking, and childcare. Most people prefer doing a variety of work, rather than the same job day in, day out.

A number of us choose to be politically active in issues of peace, ecology, anti-racism, and feminism. Each summer we are hosts to a Women’s Gathering and a Communities Conference where we welcome both experienced communitarians, and seekers who are new to community living.

We give tours of Twin Oaks almost every Saturday afternoon from March through October, and on most alternating Saturdays from November through February. Read about the Saturday Tour here.

We offer a structured three week visit designed to give the visitor some general education and experience in living at Twin Oaks. Read about the Visitor Program here

Please do not drop in and expect to get a tour or be able to stay overnight. Tours and visits must always be pre-arranged, and to be a guest here, a member must agree to be your host before you arrive.

Twin Oaks Community 138 Twin Oaks Road # W Louisa, VA 23093 USA

540-894-5126 888-424-8838 Fax Email Us

When communicating with us by email please do not send attachments. Please send only plain text email, not HTML formatted mail. When you write, please tell us how/where you heard about Twin Oaks. If it was through another website, we’d like to know which one, and the URL if possible.

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Abolition – The African-American Mosaic Exhibition …

Posted: August 14, 2016 at 7:12 pm

The American Anti-Slavery Society was established in 1833, but abolitionist sentiment antedated the republic. For example, the charter of Georgia prohibited slavery, and many of its settlers fought a losing battle against allowing it in the colony, Before independence, Quakers, most black Christians, and other religious groups argued that slavery was incompatible with Christ’s teaching. Moreover, a number of revolutionaries saw the glaring contradiction between demanding freedom for themselves while holding slaves. Although the economic center of slavery was in the South, northerners also held slaves, as did African Americans and Native Americans. Moreover, some southerners opposed slavery. Blacks were in the vanguard of the anti-slavery movement. Abolitionist literature began to appear about 1820. Until the Civil War, the anti-slavery press produced a steadily growing stream of newspapers, periodicals, sermons, children’s publications, speeches, abolitionist society reports, broadsides, and memoirs of former slaves.

The Library of Congress has a wealth of material that demonstrates the extent of public support for and opposition to abolition. Broadsides advertise fairs and bazaars that women’s groups held to raise money for the cause. Other publications advertise abolitionist rallies, some of which are pictured in prints from contemporaneous periodicals. To build enthusiasm at their meetings, anti-slavery organizations used songs, some of which survive. The Library also has many political and satirical prints from the 1830s through the 1850s that demonstrate the rising sectional controversy during that time.

Although excellent studies of the abolition movement exist, further research in the Library’s manuscripts could document the lesser known individuals who formed the movement’s core. Other promising topics include the roles of women and black abolitionists and the activities of state and local abolitionist societies.

Jonathan Edwards, Jr., (17451801), was, like his more famous father, a Congregationalist minister. He served at the White Haven Church in New Haven, Connecticut, and later became president of Union College in Schenectady, New York. In this sermon, Edwards presented forceful arguments against ten common pro-slavery positions. One of the earliest anti-slavery publications in the Library of Congress collections, the sermon demonstrates the existence of strong anti-slavery feeling in the early days of the republic.

Injustices and Impolicy of the Slave Trade and of the Slavery of Africans. Title page. Jonathan Edwards [Jr.], Author. New Haven: Thomas & Samuel Green, 1791. Rare Book and Special Collections Division, Library of Congress (35)

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On January 1, 1794, delegates from the abolition societies of Connecticut, New York, New Jersey, Pennsylvania, Delaware, and Maryland met in Philadelphia, a stronghold of the anti-slavery Quaker religion. The group voted to petition Congress to prohibit the slave trade and also to appeal to the legislatures of the various states to abolish slavery. The petitions pointed out the inconsistency of a country that had recently rejected the tyranny of kings engaging in domestic despotism. Delegates published an address urging on U.S. citizens the obligations of justice, humanity, and benevolence toward our Africa brethren, whether in bondage or free. The group planned to meet each January until slavery was abolished.

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The American Anti-Slavery Society produced The Slave’s Friend, a monthly pamphlet of abolitionist poems, songs, and stories for children. In its pages, young readers were encouraged to collect money for the anti-slavery cause. Here a picture of the coffle- yoke used to chain groups of slaves together illustrates a dialogue about the horrors of slavery between a girl named Ellen and her father, Mr. Murray. A shocked Ellen concludes that I will never boast of our liberty while there is a slave in this land.

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Anti-colonization sentiment was common in abolitionist publications such as The Anti-Slavery Picknick, a collection of speeches, poems, dialogues, and songs intended for use in schools and anti-slavery meetings. A song called the Colored Man’s Opinion of Colonization denounces plans to transport free blacks out of the United States. Many African-Americans opposed colonization, and, in 1831, a convention of free blacks meeting in New York asserted, This is our home, and this is our country. Beneath its sod lie the bones of our fathers; for it some of them fought, bled, and died. Here we were born, and here we will die.

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Although women were heavily involved in abolitionist activities, opinion was divided as to their proper role. Some people believed that women should serve in auxiliary roles that did not expose them to competition with men. However, many women played a highly visible role as writers and speakers for the cause. Some of them gained activist experience that they later used in support of women’s rights. In this circular, the women of the Massachusetts Anti-Slavery Society advertise a fundraising event to support an agent. Well-known abolitionists such as Maria W. Chapman, a spirited speaker, song writer, and editor of many volumes of The Liberty Bell songbook, and Helen E. Garrison, wife of William Lloyd Garrison, were involved in the event.

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This broadside condemns the sale and keeping of slaves in the District of Columbia. The work was issued during the 18351836 campaign to have Congress abolish slavery in the Capital. At the top are contrasting scenes: a view of a reading of the Declaration of Independence, captioned The Land of the Free, with a scene of slaves being led past the Capitol, captioned The Home of the Oppressed. Also shown is the infamous Franklin & Armfield Slave Prison, still standing on Duke Street in Alexandria, Virginia. Opened in 1828, this center soon gained control of nearly half the sea trade in slaves between Virginia and Maryland and New Orleans. Most area slaves sold South were held there before being shipped to a dreaded future on a rice, cotton or indigo plantation.

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This handbill urging opponents of abolitionists to obstruct an anti-slavery meeting demonstrates the depth of pro-slavery feeling. Although the handbill advocates peaceful means, violence sometimes erupted between the two factions. An emotion-laden handbill was a factor in the well-known Boston riot of October 21, 1835. In that incident, a mob broke into the hall where the Boston Female Anti-Slavery Society was meeting, and threatened William Lloyd Garrison’s life.

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Each year the American Anti-Slavery Society distributed an almanac containing poems, drawings, essays, and other abolitionist material. This issue was compiled by Lydia Maria Child (18021880), a popular writer recruited to the abolitionist cause by William Lloyd Garrison. In 1833, Mrs. Child produced An Appeal in Favor of that Class of Americans Called Africans, a sensational anti-slavery publication that won converts to the movement. From 1841 to 1849, she edited the New York-based National Anti-Slavery Standard newspaper.

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Joseph Cinquez (or Cinque) was one of a group of Africans from Sierra Leone who had been kidnapped and sold into slavery. In July 1839, Cinquez led a revolt on the slave ship Amistad, off Cuba. The slaves took control of the ship and killed the crew, but were soon captured and charged with piracy. Their subsequent trials in New Haven, Connecticut, were causes celebres, pitting abolitionists against President Martin Van Buren’s administration. In March 1841, the Supreme Court upheld the lower court’s decision to return Cinquez and his surviving friends to Africa. John Quincy Adams had represented the Africans before the Supreme Court, and they were set free largely as a result of his eloquent pleading.

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The illustration on this sheet-music cover is an allegory of the triumph of abolitionism. A railroad car called Immediate Emancipation, is pulled by a locomotive named Liberator. These two names refer to William Lloyd Garrison, whose demand for immediate emancipation was expressed in his newspaper The Liberator. Repealer, the second locomotive, probably refers to the Irish insurgent movement, a cause with which many U.S. abolitionists were allied. Flags bearing the names of two other abolitionist publications, the Herald of Freedom and American Standard (or National Anti-Slavery Standard) fly from the Emancipation car. In the distance, two other trains, one marked Van, the other Clay, crash, and their passengers flee. These trains allude to Democrat and Whig presidential hopefuls Martin Van Buren and Henry Clay.

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Like many other reformers, abolitionists felt that good crusades required singing. Hence, many abolitionists expressed themselves in verse and songs. The cover of this sheet-music shows a fictionalized and inaccurate version of the escape from slavery of Frederick Douglass (18171895), who actually fled by ship. The song is dedicated to Douglass for his fearless advocacy, signal ability, and wonderful success in behalf of His Brothers in Bonds.

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Abolitionist materials aimed at women often appealed to their sympathetic feeling as wives and mothers for the plight of slave women who might be separated from their husbands or children.

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Abolition – The African-American Mosaic Exhibition …

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Libertarian candidate Gary Johnson hires GOP operative to …

Posted: August 12, 2016 at 2:48 pm

The head of Hispanic Outreach for the Libertarian Party, who is Republican, says he joined up with the third party because he believes GOP presidential nominee Donald Trump is the worst of the worst.

Speaking to The Hill, Juan Hernndez, who took the post with the Libertarian Party last week, said that he is not leaving the Republican Party, but is backing Libertarian Gary Johnsons bid for the White House because he believes the former New Mexico governor “comes with a message that brings both of my worlds together.”

Johnsons message of small government and letting states decide on social issues resonated with Hernndez because it “fits Hispanics so well.”

“We came here, were religious, we dont want to get into the debate over gay marriage,” Hernndez said of Hispanics. “Let states decide.”

As for Trump, Hernndez said there are just so many reasons why he cant support the boisterous billionaire.

While he says that Trumps call to build a massive wall along the United States southern border with Mexico and his proposal to deport the 11 million undocumented immigrants living in the country would be an insult to Hispanics, Hernndez said his opposition to Trump goes even further.

Trump would “not only be a disaster for Hispanics, for Republicans, for Americans, for the world. I really fear a Trump president. The way he speaks of bombing other nations, the Muslims?”

Hernndez, however, said he never had any plans of supporting Democratic presidential nominee Hillary Clinton.

“Its not a matter of Ill go with the lesser of two evils, I think we have to vote on principle,” said Hernndez.

“Since she was first lady of Arkansas, she and her husband were always en la orillita of whats appropriate, Hernndez said, using the Mexican Spanish phrase that roughly translates to in gray space.

Hernndez has previously worked as an advisor for presidential candidates in the U.S., Mexico and Guatemala, including Arizona Sen. John McCains failed bid in 2008 and former Mexican Presidents Vicente Fox and Felipe Caldern.

Besides Hernndez, the Johnson campaign nabbed another high profile Republican boost on Wednesday when Virginia Rep. Scott Rigell said he thinks Johnson can win the presidency.

“This may surprise you to hear, but I’m ready to defend the proposition that Gov. Johnson can win,” Rigell said.

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Deconstructing the Second Amendment – cnn.com

Posted: at 2:34 pm

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

And yet, for years, those 27 brief words have been the source of contentious debate — seen by some as an inalienable protection against tyranny; by others as a dangerous anachronism.

Here’s a look at the Second Amendment, its phrases parsed and placed in legal and historical context.

Our guides will be Constitutional experts Jeffrey Rosen and Jack Rakove.

What is a militia?

At the time of the American Revolutionary War, militias were groups of able-bodied men who protected their towns, colonies, and eventually states. “[When the Constitution was drafted], the militia was a state-based institution,” says Rakove. “States were responsible for organizing this.”

What did it mean to be well regulated?

One of the biggest challenges in interpreting a centuries-old document is that the meanings of words change or diverge.

“Well-regulated in the 18th century tended to be something like well-organized, well-armed, well-disciplined,” says Rakove. “It didn’t mean ‘regulation’ in the sense that we use it now, in that it’s not about the regulatory state. There’s been nuance there. It means the militia was in an effective shape to fight.”

In other words, it didn’t mean the state was controlling the militia in a certain way, but rather that the militia was prepared to do its duty.

What type of security was referred to here?

To get to that, consider the climate of the United States at the time. The country had just fought a war, won its independence and was expanding west. There were plenty of reasons to feel unsafe, and so “security” had a very palpable meaning.

“You have an expanding country, and the principle defense use of the militia would be to protect local residents from attack and invasion,” Rakove says.

It also meant physical protection from government overreach.

“The idea of a state militia would also be attractive because it serves as a deterrent against national tyranny,” says Rakove. “At the time, if government forces tried to take over land or overstep their boundaries, you’d have an institution in place — the militia — that would outnumber any army.”

Of course, with the size and scope of the modern United States military, and the fact that militias as we know it no longer exist, that notion is hard to imagine today.

In the debate over the Second Amendment, this phrase, “a well regulated militia,” remains one of the most cited and argued parts of the sentence.

What did a free state mean?

It may seem obvious, but Rosen and Rakove agree the Constitution bore a lot of contemporary moralism and not every word is well-defined.

In this case, the meaning of “state” is what it appears to be.

“This is referring immediately to ‘state’ as in one of the states of the original colonies,” Rosen says. “James Madison had the 1777 Virginia Declaration of Rights by his side when he wrote the Bill of Rights and he essentially copied and pasted language from it.”

But it could also speak to a larger understanding of liberty.

“So here,” Rosen continues, “George Mason (the author of the Virginia Declaration of Rights) is talking about not only the free state of Virginia.” He is also talking about a broader state of freedom.

What kind of rights?

This is another highly-contested area where it helps to know more about how the framers of the Constitution thought about complex ideas like “rights.”

“When we think about ‘rights,’ we think of them as regulations and exemptions,” Rakove says. “Back at the birth of our nation, they had a different quality. They were more moralistic.”

Rosen says this viewpoint is reflected in the Declaration of Independence:

“The framers definitely believed in natural rights — that they are endowed by a creator,” Rosen says. “They believed we are born into a state of nature before we form governments, and that we are endowed with certain fundamental rights.”

These natural rights included the right to religious expression, free speech, property and more. But they did not, Rosen says, specifically include the tenets of the Second Amendment.

“The framers did not talk about the right to bear arms as one of the set of natural rights,” he says. “But it is fair to say that the right to alter and abolish government — to the degree that modern people claim they have that right — the framers certainly believe it.”

“In that sense, it is historically accurate to say that the framers did recognize a natural right of self-defense.”

Who are the people?

Even the term “people” — the most basic catch-all — has limitations.

“You say people, you mean individual persons,” says Rakove. “But, if you go to Article I, Section 2 of the Constitution, it says the House of Representatives will be chosen by the people — who are the persons? Who are entitled to exercise that suffrage? You see, you can use the term ‘people’ to imply a collective mass, but there are some categories of people that can be excluded.”

After all, when the Constitution was written, slaves were considered property and women were not allowed to vote.

In addition, there is a more basic question of semantics: By “the people,” is the Second Amendment referring to people as private entities, or as participants in the militia?

The legal consensus is that the Second Amendment applies to individual rights, within reasonable regulations. More on that below.

What are Arms in this context, and what is the scope of bearing Arms?

The decision struck down the Firearms Control Regulations Act of 1975, which heavily regulated owning and keeping firearms in the District of Columbia.

In the above excerpt, we can see the Court considered the awkward phrasing of the Amendment. The Justices divided the Amendment into an operative clause: “right of the people to keep and bear arms,” and a prefatory clause: “A well regulated Militia, being necessary to the security of a free State.” The court determined the relationship between these phrases, as well as the historical context of the Constutition’s creation, clearly provided an individual right.

The term “arms” is also an ever-changing one, and there are ongoing debates about assault weapons and emerging firearm technologies.

“One thing people disagree about is whether assault weapons bans are constitutional,” says Rosen. “They also disagree about how we should interpret the constitution in terms of history or in light of new technologies.”

What does it all mean?

“It’s really striking that since these Supreme Court decisions… lower courts have upheld almost all of the gun regulations they have asked to review,” he says.

Rakove thinks the framers of the Constitution would be surprised at the conversations we are having today.

“While there is a common law right to self-defense, most historians think that it would be remarkable news to the framers of the Second Amendment that they were actually constitutionalizing a personal right to self-defense as opposed to trying to say something significant about the militia,” he says.

Words like “militia” and “rights” are loaded with historical context and nuance that can act as a Rorschach test, leading even the best-intentioned interpreters to different conclusions. If there were any clear answers, these 27 words wouldn’t be so incendiary.

Jack Rakove is the William Robertson Coe Professor of History at Stanford University. His book “Original Meanings: Politics and Ideas in the Making of the Constitution” won a Pulitzer Prize in History.

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VA NSA Fastpitch Tournament Results and Rankings – Virginia NSA

Posted: August 2, 2016 at 4:33 pm

Date 2015-2016 Tournament Classes Region Sep 12-13 Fall Brawl 12U 14U 16U Richmond Sep 19-20 NoVA NSA September Clash 12U 14U 16U 18U NoVA Sep 19-20 Peninsula Scramble 10U 12U 14U 16U Williamsburg Sep 26-27 Blue Ridge Fall Classic 10U 12U 14U 16U 18U Madison Sep 26-27 Williamsburg Fall Festival Tournament Canecelled 12U 14U 16U Williamsburg Oct 3-4 Fall Frenzy Tournament Cancelled 12U 14U 16U 18U Richmond Oct 10-11 NoVA NSA Playing for a Cure 12U 14U 16U 18U NoVA Oct 10-11 Hampton Roads Challenge 10U 12U 14U 16U Williamsburg Oct 17-18 Last Blast Classic 12U 14U Richmond Oct 24-25 Halloween Havoc 10U 12U 14U 16U Madison Oct 24-25 College Exposure Showcase 18U Richmond Oct 24-25 NoVA NSA Fall Chill Down 12U 14U 16U 18U NoVA Nov 7-8 NSA Fall Championships CANCELLED due to weather 12U 14U 16U Richmond Mar 12-13 NoVA Spring Thaw 10U 12U 14U NoVA Mar 13-13 High School Series Wbg 1 (15-18U) High_School Williamsburg Mar 19-20 Dust Off the Rust 10U 12U 14U Richmond Mar 20-20 High School Series Richmond #2 Cancelled due to weather High_School Richmond Apr 2-3 Chesterfield Classic 12U 14U Richmond Apr 3-3 High School Series Richmond #3 High_School Richmond Apr 9-10 Kaboom Classic 10U 12U 14U NoVA Apr 9-10 NSA Fastpitch Challenge 10U 14U Richmond Apr 16-17 Williamsburg Spring Fling 12U 14U Williamsburg Apr 17-17 High School Series #3 High_School Madison Apr 17-17 High School Series (15-18U) #6 High_School Williamsburg Apr 23-24 NSA Spring Fling 10U 12U 14U NoVA Apr 23-24 Virginia Cup 10U 12U 14U Richmond Apr30 – May1 Peninsula Season Opener – One day event due to weather 10U 12U 14U Williamsburg May 1-1 High School Series #7 (15-18U) – cancelled due to weather High_School Williamsburg May 7-7 Mother’s Day Open 10U 12U 14U Madison May 14-15 Queen of Diamonds 10U 12U 14U NoVA May 14-15 Summer Showdown 12U 14U Richmond May 21-22 OBX Travelodge Classic 10U_American 10U_National 12U_American 12U_National 14U_National 14U_American Williamsburg Jun 4-5 Ft Magruder Wbg Colonial Sunday play cancelled due to weather 10U 12U-A 12U-B 14U-A 14U-B 16U Williamsburg Jun 11-12 NSA 14U A&B States 14U NoVA Jun 11-12 NSA 12U A States 12U-A Richmond Jun 11-12 NSA 18U A&B States 18U Richmond Jun 11-12 NSA 10U A/B States 10U Williamsburg Jun 11-12 NSA 16U A/B States 16U Williamsburg Jun 18-19 NSA 12U B State Championships 12U-B Richmond Jun 25-26 Wbg Vacations Summer Classic 10U 12U 14U 16U 18U 23U Williamsburg Jun 25-26 June Jamboree 10U 12U 14U 16U 18U NoVA Jul 9-10 World Series Warmup 12U 14U 16U Richmond Jul 16-17 Summer Slam 10U 12U 14U 16U Madison Jul 23-24 Summer Finale 12U 14U 16U 23U Richmond Jul 30-31 Battle of the Blue Ridge 10U 12U 14U 16U 18U 23U Madison Aug 6-7 16th Busch Gardens Williamsburg Classic 10U-A 10U-B 12U-A 12U-B 14U-A 14U-B 16U-B 16U-A 18U 23U 23U-Adult Williamsburg Sep 10-11 Fall Brawl 10U 12U 14U 16U Richmond Sep 17-18 Peninsula Scramble 10U 12U 14U Williamsburg Sep 24-25 Fall Festival 10U 12U 14U Williamsburg Oct 1-2 Fall Frenzy 10U 12U 14U 16U Richmond Oct 8-9 Hampton Roads Challenge (Fight for a Cure) 10U 12U 14U High_School Williamsburg Oct 15-16 Last Blast Classic 10U 12U 14U 16U Richmond Oct 29-30 College Exposure Showcase 18U Richmond Nov 5-6 NSA Fall Championships 10U 12U 14U 16U Richmond

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NATO – Wikipedia, den frie encyklopdi

Posted: July 29, 2016 at 3:08 am

NATO (engelsk: North Atlantic Treaty Organization) eller p fransk: OTAN (Organisation du Trait de l’Atlantique Nord) er en international organisation for politisk og militrt forsvarssamarbejde omkring den nordlige del af Atlanterhavet, som blev etableret i 1949 med de allierede krigspartnere USA, Storbritannien og Frankrig som de drivende krfter.

Landene er forpligtet til at forsvare hinanden i tilflde af, at de skulle blive angrebet. Derudover arrangerer NATO ofte strre, militre velser for medlemslandene. NATO deltager desuden med styrker i krigshrgede lande, fx Afghanistan.

Da man etablerede NATO, var der 12 lande med. Disse lande var Belgien, Canada, Danmark, Frankrig, Holland, Island, Italien, Luxembourg, Norge, Portugal, Storbritannien og USA. Senere er NATO blevet udvidet med flere medlemslande. Den sidste store udvidelse skete i 2004, hvor blandt andet en rkke af de tidligere Warszawapagt-lande blev indlemmet i NATO.

Bruxelles-Traktaten, der blev underskrevet 11. marts 1948 af Belgien, Holland, Luxembourg, Frankrig og Storbritannien, anses for at vre forgngeren til NATO aftalen. Denne traktat etablerede en militr alliance, der kaldtes Vestunionen eller WEU.[1] Men amerikansk deltagelse blev anset for ndvendig, hvis man skulle kunne matche Sovjetunionens militre styrke, og derfor begyndte forberedelsen af en ny, militr alliance hurtigt efter traktatens vedtagelse.[2]

Resultatet blev den Nordatlantiske Traktat, der blev udarbejdet af Lester B. Pearson og underskrevet i Washington D.C. 4. april 1949. Traktaten inkluderede de fem lande, der havde underskrevet Bruxelles-Traktaten, samt USA, Canada, Portugal, Italien, Norge, Danmark og Island.[3] Tre r senere, 18. februar 1952, underskrev ogs Grkenland og Tyrkiet aftalen. P grund af deres geografiske beliggenhed kunne Australien og New Zealand ikke vre med i alliancen, og i stedet blev ANZUS aftalen indget mellem de to lande og USA.[4]

I 1954 foreslog Sovjetunionen, at den skulle indg i NATO-alliancen for at bevare fred i Europa. NATO-landene ngtede dog dette, da de s det som et forsg p at oplse NATO indefra.

Indlemmelsen af Vesttyskland i NATO 9. maj 1955 blev beskrevet som “et afgrende vendepunkt i vort kontinents historie” af Norges davrende udenrigsminister Halvard Lange.[5] Et af de jeblikkelige resultater var da ogs oprettelsen af Warszawapagten, der blev underskrevet 14. maj 1955 af Sovjetunionen og dens satellitstater. Dermed var de to parter i den kolde krig endeligt etableret.

NATO’s sammenhold blev brudt allerede tidligt i alliancens historie med en krise under Charles de Gaulles tid som prsident i Frankrig fra 1958 og frem. De Gaulle protestererede mod det, han mente var USA’s hegemonistiske rolle i organisationen, og det han s som et specielt forhold mellem USA og Storbritannien. I et memorandum, han sendte til USA’s prsident Eisenhower og den britiske premierminister Harold Macmillan 17. september 1958, argumenterede han for en ligestilling af USA, Storbritannien og Frankrig, og for at NATO’s dkning skulle udvides til ogs at omfatte franske geografiske interesseomrder.

Charles de Gaulle ans svaret p sit memorandum som utilfredsstillende og begyndte at arbejde for et uafhngigt, fransk forsvar. Frankrig trak sin middelhavsflde ud af NATO kommandoen 11. marts 1959 og arbejdede henimod et selvstndigt atomvbenprogram.

I juni 1959 forbd de Gaulle al udstationering af udenlandske atomvben p fransk jord, og USA trak 200 militrfly ud af Frankrig. Dermed blev 26th Tactical Reconnaisance Wing, der tidligere var baseret i Tol-Rosires luftbasen, relokeret til Ramstein Air Base i Vesttyskland, og Tol-Rosires blev givet tilbage til Frankrig i 1967. Mellem 1950 og 1967 drev det amerikanske luftvben ti strre baser i Frankrig. 13. februar 1960 afprvede Frankrig sin frste atombombe, Gerboise Bleue.

Selv om Frankrig udviste solidaritet med resten af NATO under Cubakrisen i 1962, fortsatte de Gaulle sine bestrbelser for et selvstndigt fransk forsvar ved ogs at trkke de franske atlanterhavs- og kanalflder ud af den integrerede NATO kommando. I 1966 blev de franske, vbnede styrker ogs trukket ud af NATO’s integrerede kommando, og alle udenlandske tropper blev bedt om at forlade Frankrig. Frankrig fortsatte dog som medlem af den politiske alliance. Frankrigs nej til udenlandske tropper resulterede i, at NATO’s europiske overkommando (SHAPE) blev flyttet fra Paris til Casteau, nord for Mons i Belgien 16. oktober 1967.[6] Frankrig trdte igen ind i NATO’s militre kommando i 1993.

Skabelsen af NATO havde som konsekvens, at der blev brug for en standardisering af militr teknologi. Standardiseringen skete gennem STANAG aftalen, der blandt andet resulterede i en flles kaliber for militre hndvben, flles procedurer for militre lufthavne og en rkke andre standardiseringer. Der blev ogs brug for en flles militr strategi. Den blev sikret gennem flles kommando, kontrol og kommunikationscentre.

Under det meste af den kolde krig optrdte NATO ikke som organisation i bne militre konflikter. 1. juli 1968 blev Traktaten om ikke-spredning af kernevben bnet for underskrifter.

30. maj 1978 definerede NATO landene to yderligere ml for alliancen: At opretholde sikkerheden og arbejde for afspnding. Dette skulle gres ved at tilpasse alliancens militre magt til Warszawapagtens offensive formen uden at starte et vbenkaplb.

12. december 1979 efter at warszawapagtlandene havde get deres atomvbenkapacitet i Europa, blev yderligere amerikanske atomvben deployeret i Europa. De nye vben skulle styrke Vestens forhandlingsposition i forhandlingerne om nedrustning. Beslutningen blev kaldt Dobbeltbeslutningen, fordi den egentlig indeholdt to beslutninger. Man ville tilbyde Sovjetunionen nedrustningsforhandlinger, men samtidig opruste, hvis ikke disse forhandlinger frte til noget. I 1983-1984 blev der i forbindelse med denne beslutning opstillet amerikanske Pershing II raketter i Europa som svar p Warszawapagtlandenes oprustning med SS-20 mellemdistanceraketter i Europa. Pershing II raketterne var i stand til at n Moskva p f minutter. Denne oprustning frte til protester fra fredsbevgelserne i Vesteuropa.

I denne periode var der ikke de store ndringer i NATO’s sammenstning. I 1974 trak Grkenland sine tropper vk fra NATO kommandoen, og 30. maj 1982 blev Spanien indlemmet i alliancen. Efter grsk-tyrkiske spndinger efter striden om Cypern i 1974 blev de grske styrker igen underlagt NATO kommandoen i 1980 i samarbejde med Tyrkiet.

I november 1983 skabte NATO-velsen Able Archer 83 panik i Kreml. velsen simulerede et atomvbenangreb mod Sovjet. Det sovjetiske lederskab blev bekymret for, at den amerikanske prsident Ronald Reagan havde planlagt at starte et rigtigt angreb. Som reaktion blev de sovjetiske atomvbenstyrker i sttyskland og Polen sat i alarmberedskab. Selvom Sovjetunionens reaktion i samtiden blev udlagt som propaganda, mener mange historikere, at den sovjetiske frygt for et angreb var gte.

24. oktober 1990 afslrede den italienske premierminister, Giulio Andreotti, eksistensen af Gladio, en hemmelig, paramilitr milits, hvis officielle ml var at udkmpe en guerillakrig bag fjendens linjer i tilflde af et angreb fra warszawapagtlandene. Andreotti fortalte det italienske parlament, at NATO lnge i det skjulte havde trnet partisaner til dette forml.[7][8][9]

Gladio programmet var tilsyneladende aktivt i alle europiske NATO-lande og nogle neutrale lande. Emnet er specielt kontroversielt i Italien, hvor en rapport i 2000 konkluderede, at Gladio havde vret involveret i nyfascistisk terrorisme, der skulle mindske kommunistisk, politisk indflydelse i landet.[10][11]

Afslutningen p den kolde krig og oplsningen af Warszawapagten i 1991 fjernede NATO’s primre modstander. Dette gav anledning til en strategisk revaluering af NATO’s forml og opgaver. I praksis medfrte det en gradvis (og stadig igangvrende) ekspansion af NATO i steuropa og en udvidelse af aktiviteter til en rkke omrder, der ikke tidligere havde vret NATO’s arbejdsomrder. Den frste udvidelse af NATO efter den kolde krig skete med genforeningen af Tyskland 3. oktober 1990 efter Berlinmurens fald. Det tidligere sttyskland blev en del af Tyskland og dermed ogs af NATO alliancen. For at sikre en sovjetisk godkendelse af et forenet Tyskland, der fortsat var en del af NATO, blev det aftalt, at udenlandske tropper og atomvben ikke mtte udstationeres i sttyskland, og at NATO aldrig ville blive udvidet lngere stp.[12]

28. februar 1994 deltog NATO for frste gang i ben kamp, da fire serbiske fly blev skudt ned efter at have brudt et flyveforbud over Bosnien-Hercegovina der var beordret af FN. NATO hndhvede flyveforbuddet, der var startet 12. april 1993 og sluttede 20. december 1995. NATO’s luftangreb i 1995 hjalp med til at afslutte krigen p Balkan.

Mellem 1994 og 1997 dannede NATO flere fora for regionalt samarbejde mellem NATO og alliancens naboer, for eksempel Partnerskab for fred og Euro-Atlantic Partnership Council. 8. juli 1997 blev tre tidligere kommunistiske lande, Ungarn, Tjekkiet og Polen inviteret til at deltage i NATO alliancen og blev formelt indlemmet i 1999.

24. marts 1999 deltog NATO i den frste strre konflikt i alliancens historie, da NATO styrker gik ind i Kosovokrigen med en 11 uger lang luftkampagne mod dele af det davrende Jugoslavien (nuvrende Serbien). En formel krigserklring fandt aldrig sted. De serbiske jugoslaver kaldte Kosovokrigen for militr aggression og imod FN-charteret.[13]

Konflikten sluttede 11. juni 1999, da Slobodan Miloevi bjede sig for NATO’s krav og accepterede resolution 1244.[14] Nato hjalp derefter med at etablere KFOR, en NATO ledet styrke under FN mandat, der varetager sikkerheden i Kosovo.

NATO’s ekspansion, aktiviteter og geografiske dkning er blevet forget yderligere efter terrorangrebet 11. september 2001. Angrebet frte til, at NATO chartrets artikel 5 blev taget i brug. Artikel 5 siger, at et angreb p en medlemsstat anses for et angreb p alle alliancens medlemmer. 4. oktober 2001 fastslog NATO endeligt, at angrebet var dkket af artikel 5.[15]

Angrebet medfrte de frste militre aktioner begrundet med artikel 5 i NATO’s historie: Operation Eagle Assist og Operation Active Endeavour.

P trods af denne hurtige, solidariske reaktion stod NATO snart over for en krise. 10. februar 2003 nedlagde Frankrig og Belgien veto mod planer om at forsvare Tyrkiet i tilflde af en krig med Irak. Begrundelsen var, at sdanne planer ville sende et signal om, at forhandlingerne med Irak havde slet fejl.[16] Tyskland brugte ikke sin veto-ret, men stttede alligevel Frankrigs og Belgiens veto.

I sprgsmlet om Afghanistan udviste alliancen til gengld strre sammenhold. 16. april 2003 enedes NATO landene om at tage kommandoen over International Security Assistance Force (ISAF) i Afghanistan. Forslaget blev fremsat af Tyskland og Holland, de to lande der ledte ISAF, og alle 19 NATO ambassadrer godkendte beslutningen enstemmigt. ISAF kom under NATO’s kontrol 11. august. Det var frste gang i NATO’s historie, at alliancen styrede en militr operation uden for Europa.[17]

31. juli 2006 overtog en NATO-ledet styrke bestende af tropper fra Canada, Storbritannien, Tyrkiet, Danmark og Holland de militre operationer i det sydlige Afghanistan fra en amerikansk ledet styrke.[18]

Nye NATO strukturer blev skabt, og gamle nedlagt. NATO’s reaktionsstyrke, NATO Response Force (NRF), blev dannet efter NATO topmdet i Prag 21. november 2002.[19]19. juni 2003 startede en strre omstrukturering af de militre NATO kommandoer, da hovedkvarteret for Supreme Allied Commander Atlantic blev nedlagt og en ny kommando, Allied Command Transformation (ACT) blev oprettet i Norfolk i Virginia i USA. Samtidig blev Supreme Headquarters Allied Powers Europe (SHAPE) ogs hovedkvarter for Allied Command Operations (ACO). ACT er ansvarlig for at transformere NATO til fremtidige opgaver, mens ACO er ansvarlig for militre operationer.[20]

Udvidelsen med nye medlemslande fortsatte, og syv nye lande blev indlemmet i NATO: Estland, Letland, Litauen, Slovakiet, Slovenien, Bulgarien og Rumnien.[21] Disse lande blev inviteret til forhandlinger om medlemskab ved NATO topmdet i Prag i 2002 og blev optaget i NATO 29. marts 2004. Udvidelsen var den strste i NATO’s historie.[22]

En rkke andre lande har ogs udtrykt nske om at blive optaget i NATO, blandt andet Albanien, Kroatien, Den Tidligere Jugoslaviske Republik Makedonien, Georgien og Montenegro.

Rusland mener, at NATO’s udvidelser mod st siden slutningen p den kolde krig har vret en klar overtrdelse af en aftale mellem den sovjetiske leder Mikhail Gorbatjov og George H.W. Bush, der tillod en fredelig genforening af Tyskland. NATO’s ekspansionspolitik bliver set som en fortsttelse af den kolde krigs forsg p at omringe og isolere Rusland.[23][24][25]

Artikel 10 af den Nordatlantiske Traktat gr det muligt for ikke-medlemslande at blive optaget i NATO:

Artikel 10 stter to generelle begrnsninger for kommende medlemsstater:

I 1999 blev der fastsat en procedure for optagelsen af fremtidige medlemslande, Membership Action Plan (MAP). Et potentielt medlemsland skal rligt rapportere om sine fremskridt inden for fem omrder:[27]

NATO giver feedback og teknisk rdgivning til det enkelte land og evaluerer dets fremskridt.[28]

Det er usandsynligt, at NATO skulle invitere lande som Irland, Sverige, Finland, strig og Schweiz til medlemskab, fordi befolkningen og de valgte regeringer i disse lande ikke sttter et medlemskab i NATO. NATO anerkender officielt disse landes neutralitetspolitik.

Der er blevet etableret to fora, der skal fremme fremtidigt samarbejde mellem de 28 NATO-lande og 21 skaldte “partnerlande.”

De 21 partnerlande er:

Den Individuelle Partnerskabshandlingsplan (IPAP), der s dagens lys ved NATO topmdet i Prag i 2002, er ben for lande, der har den politiske vilje til at ge deres samarbejde med NATO.[31][32]

IPAP handleplaner er oprettet med disse lande:

Middelhavsdialogen der blev startet i 1994, er et forum for samarbejde mellem NATO og syv lande i Middelhavsomrdet.

I 2004 styrkedes Middelhavsdialogen p et topmde i Istanbul, og blev hvad NATO kalder et “gte partnerskab,” med en rkke nye ml: Styrkelse af den politiske dialog, strre interoperabilitet, en forsvarsreform og terrorbekmpelse.[33]

NATO samarbejder med Rusland i NATO-Rusland Rdet, der blev etableret i maj 2002.[34]

Filippinerne har lnge vret allieret med USA. Filippinerne fik betegnelsen “strre ikke-NATO allieret” 6. oktober 2003, hvilket tillod USA og Filippinerne at samarbejde om militr forskning og udvikling. I april 2005 indgik Australien, der lnge har vret allieret med USA, en sikkerhedsaftale med NATO, der skulle ge efterretningssamarbejdet i krigen mod terrorisme. Australien har ogs en forsvarsattach posteret i NATO’s hovedkvarter.[35] Samarbejde med Japan, El Salvador, Sydkorea og New Zealand er ogs blevet udtrykt som vrende en prioritet.[36] Israel er med i middelhavsdialogen og har sgt at udvide sit samarbejde med NATO. Israel blev for frste gang besgt af en NATO-leder 23. februar 24. februar 2005.[37] Den frste flles fldevelse mellem NATO og Israel fandt sted 27. marts 2005.[38] I juni samme r deltog israelske tropper i NATO velser.

Flere har talt for, at Israel optages i NATO-alliancen, blandt andet Spaniens tidligere premierminister, Jos Mara Aznar og den italienske forsvarsminister Antonio Martino. Men NATO’s generalsekretr Jaap de Hoop Scheffer, afviste i september 2006 at et Israelsk medlemskab kan komme p tale. Israel har heller ikke sgt om en optagelse i NATO.[39]

Som alle alliancer styres NATO i sidste ende af sine 28 medlemslande. Den Nordatlantiske Traktat, og andre aftaler, faststter rammer for hvordan beslutninger tages i NATO. Hver af de 28 medlemslande sender en delegation, eller mission, til NATO’s hovedkvarter i Bruxelles i Belgien. Lederen af hver delegation kaldes “den permanente reprsentant” og er normalt en hjtrangerende embedsmand eller erfaren ambassadr. Den permanente reprsentant har diplomatisk status af ambassadr.

Sammen udgr de permanente reprsentanter det Nordatlantiske Rd (NAC), et organ der mdes mindst en gang om ugen og har den politiske beslutningsmagt inden for NATO. Der er ogs jvnlige mder i rdet med deltagelse af udenrigsministre, forsvarsministre eller regeringsledere, og det er ved disse mder, store beslutninger om NATO’s politik normalt bliver taget. Det skal dog bemrkes, at rdet har samme politiske beslutningsmagt, ligegyldigt hvilket niveau mderne foregr p.

Mderne i det Nordatlantiske Rd ledes af NATO’s generalsekretr, og nr beslutninger skal trffes, trffes beslutningerne enstemmigt. Der stemmes ikke, og der kan ikke tages beslutninger ud fra flertallets nsker.[41]

Et andet medlem af hvert lands NATO-delegation er den militre reprsentant, en hjtrangerende officer fra det enkelte lands militr. Sammen udgr de militre reprsentanter den Militre Komit,[42] et organ, der er ansvarligt for at udarbejde anbefalinger til det politiske organ i militre sprgsml. Til tider holder rdet ogs mder med landenes forsvarschefer.

NATO’s Parlamentariske Forsamling (NPA) udgres af reprsentanter fra medlemslandene og reprsentanter fra 13 partnerlande.[43] Officielt er forsamlingen ikke en del af NATO’s politiske struktur og har som arbejdsomrde at samle NATO lande til diskussioner om sikkerhedspolitik.

NATO’s militre operationer ledes af to strategiske ledere, begge hjtstende officerer fra USA’s militr, assisteret af en stab, der udgres af medlemmer fra hele NATO. De strategiske ledere er underlagt den Militre Komit.

Fr 2003 var de strategiske ledere verste, allierede leder i Europa (SACEUR) og den verste allierede leder for Atlanten (SACLANT). Under den nuvrende ordning er den samlede kommando delt mellem to kommandocentre, Allied Command Transformation (ACT), der er ansvarlig for udvikling og trning af NATO-styrkerne, og Allied Command Operations, der er ansvarlig for NATO’s militre operationer p verdensplan. Lederen af Allied Command Operations har beholdt titlen SACEUR, og hovedkvarteret er stadig SHAPE, der ligger i Belgien. ACT derimod ligger i det tidligere SACLANT hovedkvarter i Norfolk i Virginia, USA.

Stillingen som chef for Allied Command Europe, der siden 2003 har heddet Allied Command Operations, er blevet besat af flgende:[45]

Note: Fra Ridgways tid har SACEUR ogs vret chef for United States European Command

LA-ikon

Koordinater: 505234N 42519 / 50.876155555556N 4.4220111111111 / 50.876155555556; 4.4220111111111

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Offshore Drilling and Exploration – The New York Times

Posted: July 16, 2016 at 11:15 pm

Latest Articles

The rules fell short of many environmentalists demands to cut off such drilling entirely, but oil companies complained that they would stymie exploration.

By CORAL DAVENPORT

The all-stock deal, worth $13 billion, would combine the American and French companies, which have been hit hard by the global plunge in energy prices.

By STANLEY REED

Long a ticket to the middle class, especially for African-Americans, they have become increasingly difficult to find.

By ANNIE LOWREY

The regulations are aimed at preventing the kind of failures that caused the disastrous 2010 oil spill in the Gulf of Mexico and come amid a proposal for Arctic drilling.

By CORAL DAVENPORT

The Obama administration has hopes that gas export efforts will help build peaceful relations between Israel and its neighbors in the Middle East.

By ISABEL KERSHNER and STANLEY REED

The decision to postpone the plan, called Browse, comes as prices for the fuel in Asia have fallen steeply.

Interior Secretary Sally Jewell cited the militarys reservations about drilling near some of its largest installations, plunging oil prices and widespread local concerns.

By CORAL DAVENPORT

The Obama administration yielded to opposition from coastal communities from Virginia to Georgia but dashed the hopes of many of those states leaders.

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The realization is adding momentum to efforts to convert some of the platforms into artificial reefs once they are decommissioned.

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Environmentalists disagree over whether outdated oil rigs off the coast of Long Beach, Calif., can become an addition to the marine ecosystem.

By ERIK OLSEN

Many coastal residents, fearing a repeat of the 2010 Deepwater Horizon oil spill, see potential disaster, while those inland speak of economic opportunity.

By CORAL DAVENPORT

Paragon Offshore, which operates offshore drilling rigs from the Gulf of Mexico to the North Sea, filed for Chapter 11 bankruptcy protection.

By MICHAEL CORKERY

While the dispute raised tensions between the neighbors, it did not approach levels seen in 2014, when anti-China demonstrations turned into deadly riots.

By MIKE IVES

The rig was at the center of a standoff between the countries in May 2014.

One worker on the drilling rig was killed, and two others were injured.

Opening the taps in the Corrib field is a breakthrough for the oil and gas industry in Ireland, which had mostly disappointing results in recent years.

By STANLEY REED

Prime Minister Benjamin Netanyahu authorized a long-delayed deal with an American-Israeli partnership that is expected to turn the country into an energy exporter.

By ISABEL KERSHNER and STANLEY REED

Workers have been evacuated, but one of two lifeboats capsized in rough seas, leaving 29 people missing and presumed dead.

By ANDREW E. KRAMER

The Southern Environmental Law Center calls on President Obama to reconsider plans to open the coast to oil and gas drilling.

The Interior Department also rejected appeals by Shell and Statoil, the Norwegian oil giant, to extend existing Arctic leases.

By CLIFFORD KRAUSS

The rules fell short of many environmentalists demands to cut off such drilling entirely, but oil companies complained that they would stymie exploration.

By CORAL DAVENPORT

The all-stock deal, worth $13 billion, would combine the American and French companies, which have been hit hard by the global plunge in energy prices.

By STANLEY REED

Long a ticket to the middle class, especially for African-Americans, they have become increasingly difficult to find.

By ANNIE LOWREY

The regulations are aimed at preventing the kind of failures that caused the disastrous 2010 oil spill in the Gulf of Mexico and come amid a proposal for Arctic drilling.

By CORAL DAVENPORT

The Obama administration has hopes that gas export efforts will help build peaceful relations between Israel and its neighbors in the Middle East.

By ISABEL KERSHNER and STANLEY REED

The decision to postpone the plan, called Browse, comes as prices for the fuel in Asia have fallen steeply.

Interior Secretary Sally Jewell cited the militarys reservations about drilling near some of its largest installations, plunging oil prices and widespread local concerns.

By CORAL DAVENPORT

The Obama administration yielded to opposition from coastal communities from Virginia to Georgia but dashed the hopes of many of those states leaders.

By CORAL DAVENPORT

The realization is adding momentum to efforts to convert some of the platforms into artificial reefs once they are decommissioned.

By ERIK OLSEN

Environmentalists disagree over whether outdated oil rigs off the coast of Long Beach, Calif., can become an addition to the marine ecosystem.

By ERIK OLSEN

Many coastal residents, fearing a repeat of the 2010 Deepwater Horizon oil spill, see potential disaster, while those inland speak of economic opportunity.

By CORAL DAVENPORT

Paragon Offshore, which operates offshore drilling rigs from the Gulf of Mexico to the North Sea, filed for Chapter 11 bankruptcy protection.

By MICHAEL CORKERY

While the dispute raised tensions between the neighbors, it did not approach levels seen in 2014, when anti-China demonstrations turned into deadly riots.

By MIKE IVES

The rig was at the center of a standoff between the countries in May 2014.

One worker on the drilling rig was killed, and two others were injured.

Opening the taps in the Corrib field is a breakthrough for the oil and gas industry in Ireland, which had mostly disappointing results in recent years.

By STANLEY REED

Prime Minister Benjamin Netanyahu authorized a long-delayed deal with an American-Israeli partnership that is expected to turn the country into an energy exporter.

By ISABEL KERSHNER and STANLEY REED

Workers have been evacuated, but one of two lifeboats capsized in rough seas, leaving 29 people missing and presumed dead.

By ANDREW E. KRAMER

The Southern Environmental Law Center calls on President Obama to reconsider plans to open the coast to oil and gas drilling.

The Interior Department also rejected appeals by Shell and Statoil, the Norwegian oil giant, to extend existing Arctic leases.

By CLIFFORD KRAUSS

Continued here:

Offshore Drilling and Exploration – The New York Times

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