We are all extremely blessed to live during the Information Revolution. Information once available to only the powerful and the elite is now available to all of us. And of course information is power.

One area of information that is now open to everyone is Constitutional Law.  Prior to the Information Revolution, if you really wanted to study and know Constitutional Law you essentially had to attend law school.  Now, there isn’t a reason why any person willing to take the time to study Constitutional Law cannot become as constitutionally literate as a practicing attorney.

I want to share a few resources that are available that have the potential to help everyone learn more about the Constitution.

Before I share the resources, however, I want to highlight a few things.

First, Constitutional Law is complex.  That is not to say that it cannot be understood, but rather, reasonable people can disagree about how to interpret the Constitution.  Too often ideaologues and partisans insist their dogmatic approach to reading the Constitution is the way.   This is not intellectually honest and does not serve the public very well.  As we read Supreme Court opinions in the area of Constitutional Law, we will inevitably run across opinions we disagree with.  Though we disagree, we should recognize that those interpretations are reasonable and have merit.   We should also recognize that our own interpretations have limitations and flaws.

Second, in the Information Revolution it is important that we read the relevant documents ourselves.  Those relevant documents include the Constitution itself, historical documents surrounding the ratification process such as the Federalist and anti-Federalist papers, and of course the Supreme Court opinions that interpret and provide meaning to the document.

There are many partisans and idealogues who sponsor Constitutional lectures, websites and books who will be happy to do the thinking for you.  Of course, in their synthesis they put their own spin on how to interpret the Constitution in a way that serves the agenda they seek to advance.

Now, the resources.

1.  The Constitution itself

2.  Life of a Law Student Podcast

The title of this podcast does not accurately describe its purpose and function.  A few years ago, a law student decided to make podcasts covering the information he was learning at law school.  His purpose was to help other law students review the material taught, but also to make the information available to the masses.  It is a great resource.  There are a series of podcasts covering core legal topics like Torts, Contracts, etc.  He has also created a series on Constitutional Law.    These podcasts are similar to the lectures you would be given in law school (sans being Socratized).  (NOTE: There are two different series, Constitutional Law I, and Constitutional Law II which correspond with two different semesters).

3.  Google Scholar

This is a resource that launched only a couple of months ago and represents a major milestone in the Information Revolution.  Until a few months ago when Google Scholar launched, the only way to access a broad collection common law opinions was through owning a massive library of hundreds of thousands of volumes or paying exhorbitant fees to LexisNexis or Westlaw.  Both represented major barriers to access information. Though Google Scholar doesn’t have all of the resources and tools of Lexis and West, it has everything necessary to study the Constitution.  Every major Supreme Court case on Constitutional Law is available.  Google Scholar even has features to show the precedent of an individual case as well as the progeny of your case. Pretty awesome.

4. Wikipedia

Before reading a Constitutional Law case, sometimes its helpful to read the Wikipedia article on the case. Usually, there is one. This helps provide background information that isn’t always clear in the opinions.

So if you really want to learn about the Constitution, and essentially have the same experience you would have in law school, you can.  Here’s how to do it using the above resources.   Each episode of Life of a Law Student covers a couple of cases.   First, look up the Wikipedia article on your cases.  Read them.  Second, go to Google Scholar and read the actual opinions.*  Third, listen to the podcast.  Basically, this is the same as having homework reading and attending class.  Except it’s all for free and you don’t have to leave the comfort of your own home.  If you were to follow this process through all of the podcasts, you would essentially have the same experience as if you had attended a Constitutional Law class in law school.  Pretty awesome, huh?

Most importantly, you will come out understanding the Constitution better than before.  You’ll understand the various means of interpretation and different viewpoints.

And that will make you a better person and better citizen, which will make for a better country.

Enjoy!

Did anyone else catch Congressman Chaffetz posing some very candid and honest questions to Obama today in the little Republican Pow-Wow today ?

I was rather impressed with Mr. Chaffetz’ rational and candid comments to Obama, calling him out on his failed campaign promises, and expressing honest disappointment. It was a refreshing divergence from the other Republicans who got in front of the mic, VERY aware that the cameras were rolling.

Kudos to Mr. Chaffetz.

Tyler,

I could not join the on-air conversation about the iPad but I have fairly strong feelings about the device. There’s a lot of negative chatter and ridicule about the name, the features it’s lacking, even its weight. The negativity has risen to the point that it has adversely affected the stock price for Apple. But I’ll bet you a large root beer that as soon as people see other people using one, they’re going to want one, too, and sales are going to skyrocket.

In a college environment, what would students rather do — fork over several hundred dollars a semester for books or spend several hundred bucks once for the iPad and buy textbooks for ten bucks a piece? Plus the students will have a reasonably capable computer they can throw in their now much lighter backpacks.

Even before it came out, the medical community was already talking how it could aid in tracking patients and their care through a hospital. It could revolutionize doctor’s rounding of patients. I’m certain that other industries are already thinking about how they could use it to their advantage.

Just like the iPhone spawned uses for a phone that no one ever expected, the iPad will get the attention of every sort of user and developer to the point that in a year or two the uses for an iPad will knock your socks off. And just like iTunes made the iPod such a success, the App Store and Book Store will be a huge competitive advantage for the iPad.

I have two things to suggest: First, buy Apple stock right away while it is artificially low. Then be an early adopter with the iPad. Both moves will make you happy.

Doug Thompson
Avid Mac user since 1984

- Rudy Giuliani vs. Rudy Giuliani vs. Video Splicing (Final Score? Rudy: 0)

- The future of the filibuster.

- Killpack arrest: Still a lot of questions unanswered.

- Google details how their 5 Privacy Principles are implemented to protect you.

- Are “independent” voters a myth?

- Oregon voters reject TABOR, then raise taxes on the rich.

- Sen. Margaret Dayton (R-Orem/Mars) grandstands on a pile of inane legislation.

- A look at what to expect from the National Tea Party Convention.

- Corporations, Corruption, and the Supreme Court Ruling.

- Independent film fans can follow my (ongoing) Sundance adventures here.

Bennett:

“In our ongoing fight against terrorism one of the most valuable tools we have is access to information that authorities gather from terrorist suspects who have recently been brought into custody. I am appalled to discover that there was little, if any, coordination among top officials when the Christmas Day terrorist was arrested,” he said. “This common sense legislation will help prevent premature or unilateral decisions from being made regarding the treatment of terrorists as criminal defendants instead of unlawful enemy combatants.”

I don’t understand.  Authorities “coordinated” to treat him like a serious criminal, toss him in jail and plan a trial.  Was McVeigh treated any different?  How about this guy?:

BRANCHBURG — A Virginia man who once spent eight years on the run from naval investigators was arrested in Somerset County early today with a trove of high-powered weapons, including a grenade-launcher and two assault rifles, along with maps of a U.S. military base and a civilian neighborhood, authorities said.

The federal government’s Joint Terrorism Task Force quickly joined the investigation into Lloyd R. Woodson, 43, who had been staying at a Branchburg motel since last week. Woodson, whose last known address was in Reston, Va., was wearing a bullet-proof vest and carrying one of the assault rifles — customized to shoot .50-caliber rounds — when police arrested him after a chase and a scuffle in a local trailer park.

Somerset County Prosecutor Wayne Forrest declined to speculate about Woodson’s intentions but remarked on the suspect’s arsenal, which included hundreds of rounds of ammunition, some of them hollow-point bullets, and a night-vision scope.

“In our experience, for private citizens to have this type of armament is quite unusual in Somerset County,” Forrest said. “If you’re over in Afghanistan, it wouldn’t be rare.”

That sounds pretty serious.  But so does 80 grams of PETN on an airliner.  So what is the difference?  More fear?

Another argument of the “fight fire with fire” camp is that suspects like Abdulmutallab don’t “deserve” the protection of U.S. law. But the question is why he deserves to be treated differently from any other would-be mass murderer.

To dignify Abdulmutallab with the designation “enemy combatant” would only accord him status as a jihadist warrior. We need to send him and other would-be suicide bombers the opposite message: There is no nobility in, or ideological justification for, murdering innocent civilians.

Whaaaat?  Just more liberal whacko jiberish……..DOOOHHHH.

Charles C. Krulak was commandant of the Marine Corps from 1995 to 1999. Joseph P. Hoar was commander in chief of U.S. Central Command from 1991 to 1994.

Well, I’m pretty sure our Bennet knows a lot more about these things than 35 year military men from our armed forces.

Like this guy:

“There was no room on our team for charlatans who believed in sleep deprivation, inducing hypothermia, stress positions, face slapping, forced nudity, water boarding, blaring heavy metal music, or other amateurish, ineffective and ethically flawed tricks.”   Army Col. Stuart Herrington

The iPad is out!  Will this save the media, or be met with a giant public “meh”?

Gary Herbert served up the State of the State address last night.  What did he say?  What didn’t he say?  What did you think?

Tonight the POTUS will give the State of Union address to both houses.  What will he say?  What won’t he say?  Rumors tell us to expect a more aggressive Barack Obama.  Will it work?

And (via Warchol), a surveyl done by the U of U’s Center for Public Policy & Administration showing Utahns may not be as anti-tax, anti-big government as legislators lead us to believe.  The “top priorities” for the legislature from the poll?

• No to education cuts

• Use the Rainy Day Fund

• Raise Tobacco Tax

• No property tax increase

• Raise taxes, don’t cut services

Tune in, or Log in.

Your calls are welcome.

Podcasts of this and past shows are available here.

I’m hearing nothing from constitutional conservative pundits, or liberal politicians who ran their mouths during the last administration,  about the legality of  this:

Obama Claims Immunity, As New Spy Case Takes Center Stage

“Using this shadow network of surveillance devices, defendants have acquired and continue to acquire the content of a significant portion of the phone calls, e-mails, instant messages, text messages, web communications and other communications, both international and domestic, of practically every American who uses the phone system or the internet,” the EFF wrote in its lawsuit.

Read More http://www.wired.com/threatlevel/2009/07/jewel/#ixzz0dq0ccjAq

The FBI has been doing this for awhile now:

The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews. FBI officials issued approvals after the fact to justify their actions.                         From here:

From the New York Times:

The previously undisclosed decision to permit some eavesdropping inside the country without court approval was a major shift in American intelligence-gathering practices, particularly for the National Security Agency, whose mission is to spy on communications abroad. As a result, some officials familiar with the continuing operation have questioned whether the surveillance has stretched, if not crossed, constitutional limits on legal searches.

“This is really a sea change,” said a former senior official who specializes in national security law. “It’s almost a mainstay of this country that the N.S.A. only does foreign searches.”

So, I really don’t get this.

Utah = God forbid government touch my Constitutional right to have a gun, but by all means the government should tap “phone calls, e-mails, instant messages, text messages, web communications and other communications, both international and domestic, of practically every American who uses the phone system or the internet,”.  Oh, and while your at it government, feel free to electronically strip search my wife and daughter so we can board a plane to go to Grandmas.  Nice.

It is seems apparent to me, the term constitutional conservatism is just a label, not an ideal.  Even more disgusting is the silence from the liberal politicians who scored political points on this issue during the last administration.

But there is always the “I’ve done nothing wrong, so I have nothing to fear” argument.

About 10,000 bills per session have been introduced to congress in the past fifty years. There have been 111 Congressional sessions so far, about one every two years. Since the United States Constitution went in effect on March 4th, 1789, Congress’s first full year of action was 1790. It has, therefore; been about 210 years since the first bill was introduced. Even considering that there were far less introduced bills in the 18th and 19th centuries, as well as the fact that laws concerning the passing of bills have changed, there have still been 100s of thousands of bills proposed since Congress started active duty. -Abhishek Kylasa

That is not counting states and local.  I think our days are numbered.  At the rate our ‘lawmakers’ are making new laws to break, it is not that far of a stretch to assume the number of ‘criminals’ will rise.

- The Gov’s State of the State address.

- The Senate Democrats’ response.

- Pentagon calls for “Office of Strategic Deception.”

- UT Senate votes to require drug tests for all state contractors.

- What to expect from the SOTU tonight.

- Conservatives shoot down deficit reduction bill.

- James O’Keefe’s Facebook Wall.

- Is “mobile giving” a good idea?

- Construction equipment goes hybrid.

Via Utah Stories, an interesting depiction of a world of parenting very different from the one my parents had to work with:

While technology has created a new “playground” for bullying and other predatory behaviors, it has virtually made the days of wondering where your kids are obsolete. Back in the 80′s my parents had no reasonable means to proactively monitor my whereabouts, and without even the basic technology of caller ID, were really incapable of verifying what I told them without leaving the house and tracking me down. Compared to the views afforded me via cell phones, MySpace and Facebook, my parents were operating blind.

[...] In addition to cell phones, I also use MySpace and Facebook to keep an eye on my kids and to get to know the people they’re hanging out with. My girls’ participation on social networking sites is dependent on them having me as a “friend.” This decision was made to try to keep them safe in the seemingly scary cyber-landscape. Stories of kids being bullied on MySpace to the point of suicide scared many parents, including me.

There is no doubt that technology has altered the world our kids live in and the ways in which we can parent them. Many parents eschew technology, but with over 70% of all teens owning cell phones and many homes no longer using a home phone, I feel that it is important for us to not only use technology to keep our kids safe, but to teach them how to use it with respect, courtesy and boundaries. The virtual social scene is no less treacherous for kids to navigate, and if we don’t take the time to learn about and understand it, they will be on their own to figure it out.

When I was a teenager, my parents had little more than a curfew to keep me reigned in (and a harsh penalty for breaking it, of course).

I’m curious if any parents reading this are using any of these techniques to keep a “virtual leash” on their children.  Is this a rare tactic, or something that’s becoming more of a parenting norm?  And what about the inherent risks (i.e. if you can find what your child is up to online, who else can)?

Tonight, Jon and Tyler sit down with Logan Mayor Randy Watts to discuss Logan City’s new media policy.

The policy states that media requests will be required “in writing,” and that the city will use “common sense” in deciding when a verbal request may be honored.

Several media agencies (KVNU included) have been denied information via phone from city organizations already as a result of the policy, or confusion over the policy.

Mayor Watts will explain the reasons for the policy, currently in a “trial period,” and what we can expect going forward.

Tune in, or Log in.

Your calls are welcome.

Podcasts of this and past shows are available here.

Second City:

Brought to you by the same team that made Rod Blagojevich Superstar! an instant hit, Rush Limbaugh! The Musical takes us back to Rush’s humble beginnings and follows his ascent to conservative dominance buoyed by characters like Ann Coulter, Karl Rove, and Donald Rumsfeld despite confrontations with Hillary Clinton and Barney Frank. The score for the show will feature a pastiche of Broadway musicals such as Spring Awakening, Wicked, and Rent.  You can call it “Dispirit of the Radio.”

[...] Read “Rush’s” blog! Mark Sutton will be writing about his experiences playing as the title character throughout the performance’s run.

- The 2010 Utah Legislature begins… (Cue ominous muzak).  Follow the fun here.

- The Supreme Court’s campaign spending decision might not be as bad as it looks.

- Rep. Carl Wimmer vs. Doctors.

- Two groups (iSign and Utah Petitions) take ballot initiative signature gathering online.  (Disclosure: I helped them do it, a little) Is this the future of ballot initiatives, nationwide? (Disclosure: I think so)

- This Week in Congress.

- Top 10 Tools for Better Reading, Online and Off.

- Frankenstorm!

- Sundance Founder Redford on the Importance of Independent Film.

- Google Docs project manager talks about the shift from desktop to cloud computing.

- James Fallows on Justice John Roberts’ double talk.

For Immediate Release

January 22, 2010

Contact: Shane Larson, 435-797-8838, s.larson@usu.edu

Writer: Mary-Ann Muffoletto, 435-797-3517, maryann.muffoletto@usu.edu

USU’s SCIENCE UNWRAPPED EXPLORES ‘SEEING DOUBLE: THE ORIGINS OF CLONING’

LOGAN – Animal cloning may seem like the stuff of science fiction, but it’s here. How, exactly, does it work? And how will it affect our future?

Inquiring minds of all ages are invited to the Science Unwrapped presentation “Seeing Double: The Origins of Cloning” Friday, Jan. 29, at Utah State University.

Ken White, professor in USU’s Department of Animal, Dairy and Veterinary Sciences, is featured speaker for the presentation, which is hosted by USU’s College of Science. His talk begins promptly at 7 p.m. in the Emert Auditorium, Room 130, of the Eccles Science Learning Center on campus. Admission is free and open to all.

Following White’s presentation, attendees are invited to enjoy free refreshments along with hands-on exhibits in the ESLC atrium. Researchers from White’s lab will demonstrate varied lab techniques used in animal cloning.

White’s talk kicks off Science Unwrapped’s new “Origins” series, which explores origins of diverse topics in varied scientific disciplines. Future presentation topics include geologic formation of the Colorado Plateau Feb. 26, and the origins of mathematics and its relationship to origami April 2.

For more information, call 435-797-3517, visit the Science Unwrapped Web site at www.usu.edu/science/unwrapped or view Science Unwrapped at USU on Facebook.

####

Thanks,

Mary-Ann

Mary-Ann Muffoletto

public relations specialist

College of Science /  College of Natural Resources

Utah State University

435-797-3517

maryann.muffoletto@usu.edu

Visit Utah State Today

FOR IMMEDIATE RELEASE

City of Logan

Mayor Randy Watts

290 North 100 West

Logan, UT  84321

435-716-9002

randy.watts@loganutah.org

Contact: City of Logan Public Information Officer Teresa Harris

teresa.harris@loganutah.org

JANUARY 21, 2010

The following is a statement from Mayor Randy Watts.

The purpose of this press release is to reiterate the City of Logan’s media policy.

The City of Logan’s media policy does not in anyway limit the media’s access to information.  The City has not limited who the inquiries can be submitted to or in anyway limit the areas of inquiry.  The policy simply requires that when appropriate the questions should be submitted in writing and they will be responded to in writing in a timely manner, usually with in 24 hours.

The intent of this policy is to insure that the information provided to the media is accurate and timely and that the appropriate personnel have an opportunity to comment.  The City will use common sense in evaluating when questions are routine and can be answered verbally and when they require more thought and input from other City personnel.

When appropriate, City Officials will continue to be available for interviews.

This media policy has been implemented on a trial basis and may be refined.

Mayor Randy Watts

Tonight Tyler and I will spend the full two hours talking media, journalism, free flow of information, and the new media policy Logan Mayor Randy Watts has put in place.  (Details on the policy here.)

We’ll hear from Utah Media Law Attorney Jeff Hunt, USU’s Ted Pease, former local journalist Adam Benson, and you.

Tune in, or Log in.

Your calls are welcome.

Podcasts of this and past shows are available here.

Supreme Court ruled on Citizens United v. Federal Election Commission this morning.

President Obama:

“With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington–while undermining the influence of average Americans who make small contributions to support their preferred candidates. That’s why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less.”

So what does it really mean?  It has been legal for a long time now. Did they just take the cap off of it?  Limitless campaign contributions sounds pretty ominous.   One good thing I see is that the money contributions will be traceable now.

Update:

What’s out

– A 63-year-old prohibition on corporations using money from their general treasuries to produce and run their own campaign ads.

– A prohibition contained in the McCain-Feingold Act that bars issue-oriented ads paid for by corporations or unions 30 days before a primary and 60 days before a general election.

Still in

– A century-old ban on donations by corporations from their treasuries directly to candidates.

– The requirement that any corporation spending more than $10,000 in a year to produce or air a campaign ad covered by federal restrictions must file a report with the Federal Election Commission, revealing the names and addresses of anyone who contributed $1,000 or more to the ad’s preparation or distribution.

– The requirement that an ad include a disclaimer stating who is responsible for it, if the ad is not authorized by a candidate or political committee.

From here:  http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR2010012102477.html

This story is developing right now. We at KVNU learned about this after a Logan City Police official said he could not speak to a KVNU reporter regarding a request for information about an arrest because of a new city policy.

Upon contacting Mayor Randy Watts’ secretary, I was given this list of questions and the responses sent to Herald Journal reporter Jay Patrick today.

—–
Response from Mayor Randy Watts to Herald Journal Reporter Jay Patrick January 20, 2010

What is the need for the new policy? The reason is to ensure that information released to the media is accurate and timely and that all appropriate personnel have an opportunity to comment.

Why is this happening now? Did something happen to spur this action? The reason is to ensure that information released to the media is accurate and timely and that all appropriate personnel have an opportunity to comment.
Is this a response to Herald Journal coverage? No, it is the City’s effort to provide accurate and complete information to the media.

Will city people still go on radio interview shows or offer phone interviews to radio? Yes, when appropriate.

Will any request for any info go through the written scenario? Most questions will follow this policy, however common sense will apply.

Why did you propose/bring forward the policy? The reason is to ensure that information released to the media is accurate and timely and that all appropriate personnel have an opportunity to comment. The policy was a discussion item at executive committee meeting. This policy has been discussed in the past as a way to better coordinate communication among the several departments of the City with the media.

Do you think the written way will result in a degradation of the quality of information disseminated to the public? Do you think the amount and detail of information will be less?
No, the quality and accuracy of the responses should increase.
How quickly will you respond to written questions? Generally we will respond within 24 hours but some requests make take longer. As a City we are committed to responding to the media in a timely manner.

Does written policy apply to residents seeking information? Does somebody calling up to talk to you need to write questions? No, this policy only applies to media requests.
Will follow-up questions be required to be in writing? Generally yes, but common sense will apply.

Was there a memo/written communication of any sort distributed to employees regarding the new press policy? If yes, can I get a copy of it? No, there is no written policy at this time.

How does this policy benefit the people of Logan? This policy should ensure that information released to the media is accurate and timely and that all appropriate personnel have an opportunity to comment.

Tonight:

Gun scopes with bible quotes?  Huh?  Bizarre, no doubt, but wrong?

How do we really help Haiti?  Can we?

Democrats still have a majority (though you wouldn’t know it in the post MA special election media frenzy).  What’s next for the party, and health care reform?

And finally, Jay Seegmiller is sponsoring HB 85: Responsible Development of Nuclear Power Generation.  What is responsible development, and how do we achieve it?  We want to hear from you.

Tune in, or Log in.

Your calls are welcome.

Podcasts of this and past shows are available here.