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Schactman v. dulles

Schactman V. Dulles Abdelilah El Rhazi Law News

Schactman v. Dulles F.2d ; 96 U.S. App. Schwartz, Bernard, The Burger Court: counter-revolution or confirmation?, Oxford University Press US, Schactman v Dulles, "Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty. Schactman v. Dulles, F.2d ; 96 U.S. App. The ambassador states that "​most atrocities are committed internally and most internal conflicts are between. Utah Supreme Court Cases, Dyett v Turner, () P2d , ; State v Phillips, () P Schactman v. Dulles 96 App DC , F2d , at It is recognized by the courts as a natural right.” Schactman v. Dulles F.2d ; 96 U.S. App. D.C. () at “The right to travel is a.

It is recognized by the courts as a natural right.” Schactman v. Dulles F.2d ; 96 U.S. App. D.C. () at “The right to travel is a. Schactman v. Dulles, F.2d ; 96 U.S. App. All are entitled to equal protection against any discrimination in violation of this Declaration and against any. Schactman v. Dulles F.2d ; 96 U.S. App. Schwartz, Bernard, The Burger Court: counter-revolution or confirmation?, Oxford University Press US,

Apparently not. This means that the beliefs and opinions our state legislators, the courts, and those in law enforcement have acted upon for years have been in error.

Researchers armed with actual facts state that case law is overwhelming in determining that to restrict the movement of the individual in the free exercise of his right to travel is a serious breach of those freedoms secured by the U.

Constitution and most state constitutions. That means that the encroachment by means of licensing and roadblocks is unlawful.

The revelation that the American citizen has always had the inalienable right to travel raises profound questions for those who are involved in making and enforcing state laws.

Is that so? For the answer, let us look, once again, to the U. However, these rights can be transferred with the consent of the person possessing those rights.

We the people of Hawaii demand our freedom, which is inalienable and therefore non-negotiable. Signings 0. Goal 0. JavaScript required We are sorry but without JavaScript enabled, this widget does not work.

All rights reserved. Terms of use and Privacy Policy. Now it is unlawful for a citizen to travel to Europe and impossible to enter European countries without a passport.

See n. The denial of a passport accordingly causes a deprivation of liberty that a citizen otherwise would have. The right to travel, to go from place to place as the means of transportation permit, is a natural right subject to the rights of others and to reasonable regulation under law.

It is not procedural due process that is involved in the case as now presented. There is no complaint the Secretary has failed to disclose the reason for his denial of the passport.

Furthermore, a hearing of a sort was granted appellant. Bauer v. Acheson, supra; Nathan v. Dulles, D. If so, it is not a valid foundation for the denial, for the Government may not arbitrarily restrain the liberty of a citizen to travel to Europe.

Discretionary power does not carry with it the right to its arbitrary exercise. Otherwise the existence of the power itself would encounter grave constitutional doubts.

See Association of Westinghouse Salaried Employees v. Westinghouse Elec. What is arbitrary, however, in the sense of constituting a denial of due process, depends upon circumstances.

Moyer v. Peabody, U. United States, U. Restraint upon travel abroad might be reasonable during an emergency though in normal times it would be arbitrary.

World conditions, and those in particular areas, as to which the Executive has special information and on the basis of which he is especially qualified to make decisions, bear upon the question.

For reasons thus suggested the issuance of passports throughout our history has been left to the judgment of the Secretary of State under Presidential regulation, and is subject only to constitutional safeguards.

And even these must be defined with cautious regard for the responsibility of the Executive in the conduct of foreign affairs.

The appellant's own statement in the complaint of the reason he was refused a passport must be taken as true in the present posture of the case, for the Secretary has not answered the complaint.

Joint Anti-Fascist Refugee Committee v. McGrath, U. We must take it as true, then, that appellant was first notified of tentative disapproval because of information he was Chairman of the Independent Socialist League, which the Secretary understood had been classified by the Attorney General 7 as both subversive and Communistic, although it appeared to the Secretary the organization had no direct connection with the Communist International.

The Secretary also notified appellant that the Department had been advised that the League's publication described the organization as an "organ of revolutionary Marxism".

At the hearing granted appellant by the Department of State, he testified the League was anti-Stalinist, anti-totalitarian, opposed to violence as a means of solving political, social and economic problems, and that he and the League believed in and strove for the establishment of a socialist economic system by democratic means.

He explained that the decription of the organ above referred to meant only that the League and he stood for a thorough-going reorganization of the economic and social foundations of society but used the term "revolutionary" with reference to the result rather than the means of achieving it.

At the hearing he said the League advocated the formation by the labor movement of a labor party similar to the Labor Party of Great Britain.

The complaint further alleges that the League has never had any international affiliations; that appellant desired a passport solely for the purpose of consulting people in Europe whose knowledge of political conditions he respected, and observing those conditions in order to acquire material for his work of writing and lecturing; that he had no intention of engaging in any political activity abroad, and would not engage there in activities which would violate the laws of, reflect upon or embarrass, the United States.

The complaint then alleges that the passport was subsequently denied in a letter to appellant in which the Department stated that despite the fact that the League had no connection with the Communist International and was hostile thereto, the Department felt that it would be contrary to the best interests of the United States to grant passport facilities to the actual head of an organization which had been classified by the Attorney General as subversive, especially when he desired to travel abroad on behalf of the organization, adding that should there be a change in the classification by the Attorney General the Department would then give further consideration to the question.

The wording of the Department's letter indicates that the listing of the League as Communistic was no longer relied upon. The hearing appears to have convinced the Department that the League was hostile to the Communist International.

Appellant in the end alleges that the passport was denied "solely because of the inclusion of the Independent Socialist League on the Attorney General's List", that this listing was without notice or hearing or presentation of evidence or opportunity to answer, and that appellant, as National Chairman of the League, for nearly six years and on at least fifteen separate occasions, without avail, had attempted to persuade the Attorney General to grant a hearing to the League so that it could prove the injustice of the designation.

We think the complaint fairly read shows that the listing of the League by the Attorney General as subversive was the reason for the Secretary's refusal to issue the passport, that is to say, that except for such listing the fact that appellant was head of the organization and wished to go to Europe on its business would not have been considered by the Secretary as ground for rejection of his application.

Therefore, with no answer by the Department, we must decide whether this listing, followed by nearly six years of effort by appellant to obtain a hearing thereon, is sufficient basis for the Secretary's refusal, when considered with the undenied allegations of the complaint that the listing is erroneous.

We do not here characterize as invalid, for its own purposes, the listing by the Attorney General. He is not a party, and, in any event, his listing is not subject to collateral attack in these proceedings.

We are called upon only to consider the use made by the Secretary of the listing. Reliance by the Secretary on action by the Attorney General is not precluded.

Warning given by the Nation's chief law officer can at least lead to investigation, and in a proper case be an element in decision.

But in the present state of the pleadings we must take it as a fact that the League is non-subversive as well as non-Communistic, and has sought for nearly six years the opportunity to demonstrate the former to the Attorney General as it appears to have demonstrated the latter to the Secretary.

While in this court the Government advances additional reasons for the denial of the passport these are not those alleged or shown by any pleading to have been relied upon by the Secretary.

Therefore, we may not pass upon their sufficiency. Securities and Exchange Commission v. Chenery Corp. For it is not for us to determine, in this case at least, that a passport should or should not be granted, but only whether the reason given by the Secretary for its denial is sufficient.

As to this, we think the law must consider to be arbitrary, regardless of good faith, refusal of appellant's application only because the League was listed by the Attorney General as subversive when appellant in detail denies the correctness of this characterization, alleges lack of opportunity so to demonstrate, and when these allegations are not challenged by the Secretary.

In these circumstances a sufficient basis for the action of the issuing authority apart from the mere listing must appear. Unless some additional reason is supplied for the denial, a citizen is prevented indefinitely from traveling to Europe while at the same time it is impossible for him to remove the cause, even though we must assume in the present state of the pleadings that he would be able to do so if afforded the opportunity.

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The Supreme Court also ruled clergy-led prayer at public high school graduations unconstitutional with Lee v. The free exercise clause guarantees the free exercise of religion.

The Supreme Court's Lemon v. Kurtzman decision established the "Lemon test" exception, which details the requirements for legislation concerning religion.

In the Employment Division v. Smith decision, the Supreme Court maintained a "neutral law of general applicability" can be used to limit religion exercises.

In the City of Boerne v. Flores decision, the Religious Freedom Restoration Act was struck down as exceeding congressional power; however, the decision's effect is limited by the Gonzales v.

O Centro Espirita Beneficente Uniao do Vegetal decision, which requires states to express compelling interest in prohibiting illegal drug use in religious practices.

The United States is a constitutional republic based on founding documents that restrict the power of government and preserve the liberty of the people.

The freedom of expression including speech, media , and public assembly is an important right and is given special protection, as declared by the First Amendment of the constitution.

According to Supreme Court precedent, the federal and lower governments may not apply prior restraint to expression, with certain exceptions, such as national security and obscenity.

Legal limits on expression include:. Some laws remain controversial due to concerns that they infringe on freedom of expression.

Time magazine exhausted its legal appeals, and Mr. Cooper eventually agreed to testify. Miller was jailed for 85 days before cooperating.

District Chief Judge Thomas F. Hogan ruled that the First Amendment does not insulate Time magazine reporters from a requirement to testify before a criminal grand jury that's conducting the investigation into the possible illegal disclosure of classified information.

Approximately 30, government employees and contractors are currently employed to monitor telephone calls and other communications.

In November , leaked documents revealed that the government and some large corporations had censored many blogs and news articles using existing surveillance programs.

Although Americans enjoy the freedom to peacefully protest, protesters are arrested , beaten, mistreated, jailed or fired upon which resulted in lawsuits or criminal prosecutions.

Protesters have also been arrested for protesting outside of designated "free speech zones". Investigators determined that 28 Guardsmen fired 61 to 67 shots.

The Justice Department concluded that the Guardsmen were not in danger and that their claim that they fired in self-defense was untrue.

The nearest student was almost yards away at the time of the shooting. Eight of the guardsmen were indicted by a grand jury. The guardsmen claimed to have fired in self-defense, a claim that was generally accepted by the criminal justice system.

In U. District Judge Frank Battisti dismissed charges against all eight on the basis that the prosecution's case was too weak to warrant a trial.

The federal court civil action for wrongful death and injury, brought by the victims and their families against Governor Rhodes, the President of Kent State, and the National Guardsmen, resulted in unanimous verdicts for all defendants on all claims after an eleven-week trial.

The judgment on those verdicts was reversed by the Court of Appeals for the Sixth Circuit on the ground that the federal trial judge had mishandled an out-of-court threat against a juror.

On July 24, , the United Nations human rights office urged U. Agee , the Presidential administration may deny or revoke passports for foreign policy or national security reasons at any time.

Perhaps the most notable example of enforcement of this ability was the denial of a passport to U. Representative Leo Isacson , who sought to go to Paris to attend a conference as an observer for the American Council for a Democratic Greece, a Communist front organization, because of the group's role in opposing the Greek government in the Greek Civil War.

The United States prevents U. Restrictions continue to remain in place for the rest of the American populace. The plaintiffs have not been told why they are on the list.

Five of the plaintiffs have been stranded abroad. It is estimated that the "no-fly" list contained about 8, names at the time of the lawsuit.

The Secretary of State can deny a passport to anyone imprisoned, on parole, or on supervised release for a conviction for international drug trafficking or sex tourism, or to anyone who is behind on their child support payments.

The following case precedents are typically incorrectly cited in defense of unencumbered travel within the United States:. Chicago, Ill. Smith, Supreme Court of Virginia, Va.

Dulles, F. It is recognized by the courts as a natural right. Dulles F. Dulles , US , Federal courts have ruled that a person does not have the right to drive an automobile, it is a privilege.

Freedom of association is the right of individuals to come together in groups for political action or to pursue common interests.

Freedom of association in the U. In , the Maryland State Police admitted that they had added the names of Iraq War protesters and death penalty opponents to a terrorist database.

They also admitted that other "protest groups" were added to the terrorist database, but did not specify which groups. It was also discovered that undercover troopers used aliases to infiltrate organizational meetings, rallies and group e-mail lists.

Police admitted there was "no evidence whatsoever of any involvement in violent crime" by those classified as terrorists. The right of revolution is the right or duty of the people of a nation to overthrow a government that acts against their common interests, and is a traditional assumption in American political thought.

The political tract Common Sense used the concept as an argument for rejection of the British Monarchy and separation from the British Empire , as opposed to merely self-government within it.

It was also cited in the Declaration of Independence of the United States, when a group of representatives from the various states signed a declaration of independence citing charges against King George III.

As the American Declaration of Independence in expressed it, natural law taught that the people were "endowed by their Creator with certain unalienable Rights" and could alter or abolish government "destructive" of those rights.

The United States government has declared martial law , [] suspended or claimed exceptions to some rights on national security grounds, typically in wartime and conflicts such as the United States Civil War , [] [] Cold War or the War against Terror.

In some instances the federal courts have allowed these exceptions, while in others the courts have decided that the national security interest was insufficient.

Presidents Lincoln, Wilson, and F. Roosevelt ignored such judicial decisions. Sedition laws have sometimes placed restrictions on freedom of expression.

The Alien and Sedition Acts , passed by President John Adams during an undeclared naval conflict with France , allowed the government to punish "false" statements about the government and to deport "dangerous" immigrants.

Thousands were jailed for violations of these laws, which prohibited criticizing conscription and the government, or sending literature through the US Mail doing the same.

Debs received ten years in prison, and ran for president a third time while in prison on December 25, , his sentence was commuted by President Warren G.

Harding , releasing Debs early. Numerous conscientious objectors to conscription were also jailed, with a few dying due to mistreatment. In the post-war Palmer Raids , foreign-born dissidents were arrested in the thousands without legal warrants, and deported for their political beliefs.

Presidents have claimed the power to imprison summarily, under military jurisdiction, those suspected of being combatants for states or groups at war against the United States.

In that case, the Supreme Court concluded that only Congress could suspend the writ of habeas corpus , and the government released the detainees.

The Fourth Amendment of the United States Constitution forbids unreasonable search and seizure without a warrant , but some administrations have claimed exceptions to this rule to investigate alleged conspiracies against the government.

National security, as well as other concerns like unemployment , has sometimes led the United States to toughen its generally liberal immigration policy.

The Chinese Exclusion Act of all but banned Chinese immigrants, who were accused of crowding out American workers. The federal government has set up a data collection and storage network that keeps a wide variety of data on tens of thousands of Americans who have not been accused of committing a crime.

Reports of suspicious behavior noticed by local law enforcement or by private citizens are forwarded to the program, and profiles are constructed of the persons under suspicion.

Labor rights in the United States have been linked to basic constitutional rights. During the 19th and 20th centuries, safer conditions and workers' rights were gradually mandated by law, but this trend has reversed to some extent towards pro-business policies since the s.

In , the National Labor Relations Act recognized and protected "the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands.

In , As of [update] , U. As of [update] , the United States' maternity leave policy is distinct from other industrialized countries for its relative scarcity of benefits.

The length of protected maternity leave ranks 20th out of the 21 high-income countries. Moreover, most foreign wealthy nations provide some form of wage compensation for the leave of absence; the United States is the only one of these 21 countries that does not offer such paid leave.

In , the United States received a poor grade of "4" on the ITUC's Global Rights Index, which ranks the worst places in the world for workers' rights, with "1" being the best and "5" the worst.

In , the United States was considered a "medium risk" country for child labor according to Maplecroft 's Child Labor Index. In , the United States and Papua New Guinea were reported to be the only countries in the world that did not guarantee paid maternal leave by law.

The Universal Declaration of Human Rights , adopted by the United Nations in , states that "everyone has the right to a standard of living adequate for the health and well-being of oneself and one's family, including food, clothing, housing, and medical care.

Unlike most other industrialized nations, the United States does not offer most of its citizens subsidized health care. The United States Medicaid program provides subsidized coverage to some categories of individuals and families with low incomes and resources, including children, pregnant women, and very low-income people with disabilities higher-earning people with disabilities do not qualify for Medicaid, although they do qualify for Medicare.

However, according to Medicaid's own documents, "the Medicaid program does not provide health care services, even for very poor people, unless they are in one of the designated eligibility groups.

Nonetheless, some states offer subsidized health insurance to broader populations. Coverage is subsidized for persons age 65 and over, or who meet other special criteria through Medicare.

Every person with a permanent disability, both young and old, is inherently entitled to Medicare health benefits — a fact not all disabled US citizens are aware of.

Therefore, even the Medicare program is not truly national health insurance or universal health care the way most of the rest of the industrialized world understands it.

The Emergency Medical Treatment and Active Labor Act of , an unfunded mandate , mandates that no person may ever be denied emergency services regardless of ability to pay, citizenship, or immigration status.

The Fourth , Fifth , Sixth , and Eighth amendments to the United States Constitution each part of what is known as the Bill of Rights , as well as the Fourteenth amendment , ensure that criminal defendants have significant procedural rights.

Capital punishment is a legal penalty in the United States , currently used by 28 states, the federal government, and the military.

Among the world's most economically and politically powerful countries, it is one of the few who utilize capital punishment. In , for instance, it was the only country in the G8 that carried out executions, and was among only three countries in the G20 along with China and Saudi Arabia that carried out executions.

Of the 56 members states of the Organization for Security and Cooperation in Europe , the United States and Belarus were the only two that carried out executions in The vast majority of executions are carried out by state governments, [] largely as a result of the political structure of the United States, which is a federal republic in which most crimes are prosecuted by state governments rather than the federal government.

The death penalty has a complex legal history. While modern critics have challenged capital punishment on grounds that it violates the Eighth Amendment's ban on the use of "cruel and unusual punishment", [] the United States Supreme Court has held that it does not.

However, the death penalty was temporarily halted by the Supreme Court on eight amendment grounds from to Dulles that the eight amendment "must draw its meaning from the evolving standards of decency".

Georgia U. Anderson 64 Cal. However, the death penalty was ultimately reinstated nationally in after the US Supreme Court rulings Gregg v.

Georgia , U. Texas , U. Florida , U. Simmons prohibiting the execution of people who committed their crimes when they were under the age of 18 [] between and , Amnesty International recorded 19 executions in the United States for crime committed by a juvenile [].

Furthermore, it has been argued that the United States may be in violation of international law in its use of the death penalty.

In , the UN special rapporteur recommended to a committee of the UN General Assembly that the United States be found to be in violation of Article 6 the International Covenant on Civil and Political Rights in regards to the death penalty, and called for an immediate capital punishment moratorium.

Capital punishment is controversial. Death penalty opponents consider it "inhumane", [] criticize it for its irreversibility, [] and assert that it is ineffective as a deterrent against crime, [] pointing to several studies which show it has little deterring effect on crime [] though this point is controversial as studies have conflicted in their conclusions on the effectiveness of the death penalty as a deterrant [].

Human rights organizations have been particularly critical of it, with Amnesty International , for example, stating that "the death penalty is the ultimate, irreversible denial of human rights.

Some opponents criticize the over-representation of blacks on death row as evidence of the unequal racial application of the death penalty.

Kemp , it was alleged the capital sentencing process was administered in a racially discriminatory manner in violation of the Equal Protection Clause of the Fourteenth Amendment.

In , Amnesty International reported those who kill whites are more likely to be executed than those who kill blacks, citing that of the people executed since 80 percent were put to death for killing whites and 13 percent were executed for killing blacks, even though blacks and whites are murdered in almost equal numbers.

The United Nations estimates there are about 80, prisoners in solitary confinement in the U. Human Rights Watch has twice said that there are human right issues created by the current sex offender registry laws, and that they believe that what they call the burden of being publicly listed as a sex offender , combined with what they call "onerous restrictions placed on former offenders and their family members" are serious human rights issues.

They have criticized what they call over-breadth of the registration requirement which tends to treat all offenders the same regardless of the nature of the offense and without accounting the risk of future re-offending, and the application of such laws to juvenile offenders, consensual teenage sex, prostitution and exposing one self as prank.

Both organizations have been successfully challenging current laws in courts. Those two countries have also been criticized for these actions.

International and domestic human rights groups, civil rights organizations, and social critics have criticized The United States for violating fundamental human rights through the use of disproportionately heavy penalties compared to many other countries, overly long prison sentences, over-reliance on police control, excessive control of individual behavior, and societal control of disadvantaged groups through a harsh police and criminal justice system.

The United States has been criticized for its large prison population , [] with more than 2. Other non-violent offenses which carry extremely long prison sentences in the United States include fraud and other acts of corruption, offenses relating to child pornography , and contempt of court.

The United States also has a high rate of youth imprisonment, with many held in the same prisons as adults. The length of prison sentences in the United States is widely criticized in other countries and is believed to be the biggest contributor to the country's large prison population.

The length of the average prison sentences in the United States tends to exceed those in other developed countries.

Mandatory minimum sentences and three-strikes laws are probably the largest contributors to the country's frequency of life imprisonment.

This is seen as a huge contributor to prison overcrowding , especially in California, Arizona, and Texas. This goes hand-in-hand with the US immigration policies, which have also been criticized by human rights groups.

Tolerance of serious sexual abuse and rape in United States prisons is also an area of concern to human rights watchers. Human Rights Watch , for instance, raised concerns with prisoner rape and medical care for inmates.

The United States has also been widely criticized for its attitude towards parole and incarceration alternatives.

There is no parole in the federal prison system, which has drawn international outrage from human rights groups and is believed to be a major contributor to prison overcrowding.

In addition, 16 states have no parole in their prison systems. Parole is rarely granted where it is allowed, and the United States is the only country that currently has juveniles serving life sentences without parole.

The United States has also been heavily criticized for having few or no alternatives to incarceration. Probation , fines, and community service are extremely rarely issued instead of prison time.

In a report, Amnesty International said it had "documented patterns of ill-treatment across the U. Justice Department for prosecution by investigative agencies were declined.

The officer was fired and faced the possibility of criminal charges. On June 2, , George Floyd 's official post-mortem report declared the cause of death as asphyxia lack of oxygen due to a compression on his neck and back.

It also found that the death was a homicide, a statement from the family's legal team said. On June 23, , a report from the University of Chicago Law School claimed that law enforcement policies in the police departments of 20 largest cities in the United States failed to meet even basic standards under international human rights guidelines.

The use of strip searches and cavity searches by law enforcement agencies and in the prison system has raised human rights concerns. The practice of taking an arrested person on a perp walk , often handcuffed, through a public place at some point after the arrest, creating an opportunity for the media to take photographs and video of the event has raised civil and human rights concerns.

Human rights organizations , civil rights groups, academics, journalists, and other critics have argued that the US justice system exhibits racial biases that harm minority groups, particularly African Americans.

African Americans are more likely than white Americans to be arrested; once arrested, they are more likely to be convicted; and once convicted, they are more likely to experience lengthy prison sentences.

The cause of this is disputed. There is a widespread belief among the American public that racial discrimination by the police is a persistent problem, [] and many academics and journalists assert that systemic racism , as well as a number of factors like concentrated poverty and higher rates of substandard housing which has also led to greater rates of lead poisoning among African Americans that they argue arise out of past racial segregation or other forms of historical oppression, [] contribute to the racial disparities.

There have been a number of criticisms over certain legal procedures. The National Association of Criminal Defense Lawyers and Human Rights Watch have, for instance, argued that there exists a " trial penalty "—a penalty for electing to go to trial that arises from the significant discrepancy between the punishment a defendant would receive by waiving the right to trial and accepting a plea bargain and the punishment they might receive at trial—which they argue abridges the right to trial guaranteed by the Sixth Amendment to the United States Constitution.

With regards to the procedures of police departments, there has been criticism over hiring practices. Despite safeguards in place around recruitment, some police departments have hired officers who may have histories of poor performance or misconduct in other departments, an issue known as hiring "gypsy cops".

International and U. Certain practices of the United States military and Central Intelligence Agency have been widely condemned domestically and internationally as torture.

According to a January Human Rights First report, there were 45 suspected or confirmed homicides while in U.

In , photos showing humiliation and abuse of prisoners were leaked from Abu Ghraib prison , causing a political and media scandal in the US. Forced humiliation of the detainees included, but was not limited to: forced nudity; rape; human piling of nude detainees; masturbation; eating food out of toilets; crawling on hands and knees while American soldiers sat on their backs, sometimes requiring them to bark like dogs; and hooking up electrical wires to fingers, toes, and penises.

In addition to the acts of humiliation, there were more violent claims, such as American soldiers sodomizing detainees including an event involving an underage boy , an incident in which a phosphoric light was broken and the chemicals poured on a detainee, repeated beatings, and threats of death.

The harshest sentence was handed out to Charles Graner , who received a year sentence to be served in a military prison and a demotion to private; the other offenders received lesser sentences.

The [Bush] administration effectively sought to re-write the Geneva Conventions of to eviscerate many of their most important protections.

These include the rights of all detainees in an armed conflict to be free from humiliating and degrading treatment, as well as from torture and other forms of coercive interrogation Concern for the basic rights of persons taken into custody in Afghanistan and Iraq did not factor into the Bush administration's agenda.

The administration largely dismissed expressions of concern for their treatment, from both within the government and without. The June 21, , issue of Newsweek stated that the Bybee memo , a legal memorandum drafted by former OLC lawyer John Yoo that described what sort of interrogation tactics against suspected terrorists or terrorist affiliates the Bush administration would consider legal, was " Bush's chief counsel, Alberto Gonzales , along with Defense Department general counsel William Haynes and David Addington , Vice President Dick Cheney 's counsel, who discussed specific interrogation techniques," citing "a source familiar with the discussions.

In November , ABC News reported that former CIA agents claimed that the CIA engaged in a modern form of waterboarding, along with five other " enhanced interrogation techniques ", against suspected members of al Qaeda.

UN High Commissioner for Human Rights , Louise Arbour , stated on the subject of waterboarding "I would have no problems with describing this practice as falling under the prohibition of torture," and that violators of the UN Convention Against Torture should be prosecuted under the principle of universal jurisdiction.

It's a clear-cut case: Waterboarding can without any reservation be labeled as torture. First, when water is forced into your lungs in this fashion, in addition to the pain you are likely to experience an immediate and extreme fear of death.

You may even suffer a heart attack from the stress or damage to the lungs and brain from inhalation of water and oxygen deprivation. In addition the CIA's waterboarding clearly fulfills the three additional definition criteria stated in the Convention for a deed to be labeled torture, since it is 1 done intentionally, 2 for a specific purpose and 3 by a representative of a state — in this case the US.

Both Human Rights Watch and Amnesty International have condemned waterboarding as a form of torture, the latter group demanding that former president George W.

Bush be prosecuted. Michael D. Maples , the director of the Defense Intelligence Agency , concurred by stating, in a hearing before the Senate Armed Services Committee, that he believes waterboarding violates Common Article 3 of the Geneva Conventions.

The CIA director testified that waterboarding has not been used since In April , the Obama administration released four memos in which government lawyers from the Bush administration approved tough interrogation methods used against 28 terror suspects.

The rough tactics range from waterboarding simulated drowning to keeping suspects naked and denying them solid food. These memos were accompanied by the Justice Department's release of four Bush-era legal opinions covering in graphic and extensive detail the interrogation of 14 high-value terror detainees using harsh techniques beyond waterboarding.

These additional techniques include keeping detainees in a painful standing position for long periods Used often, once for hours , [] using a plastic neck collar to slam detainees into walls, keeping the detainee's cell cold for long periods, beating and kicking the detainee, insects placed in a confinement box the suspect had a fear of insects , sleep-deprivation, prolonged shackling, and threats to a detainee's family.

One of the memos also authorized a method for combining multiple techniques. Details from the memos also included the number of times that techniques such as waterboarding were used.

A footnote said that one detainee was waterboarded 83 times in one month, while another was waterboarded times in a month.

Physicians for Human Rights has accused the Bush administration of conducting illegal human experiments and unethical medical research during interrogations of suspected terrorists.

The detention center has been the source of various controversies regarding the legality of the center and the treatment of detainees.

Of these, many have been released without charge. The current government of Cuba regards the U. According to Amnesty International:.

It has become synonymous with the United States executive's pursuit of unfettered power, and has become firmly associated with the systematic denial of human dignity and resort to cruel, inhuman or degrading treatment that has marked the U.

The purported legal status of " unlawful combatants " in those nations currently holding detainees under that name has been the subject of criticism by other nations and international human rights institutions including Human Rights Watch and the International Committee of the Red Cross.

Supreme Court ruled in Hamdan v. Rumsfeld on June 29, , that they were entitled to the minimal protections listed under Common Article 3 of the Geneva Conventions.

In a process known as extraordinary rendition , foreign nationals have been captured and abducted outside of the United States and transferred to secret US-administered detention facilities, sometimes being held incommunicado for months or years.

According to The New Yorker , "The most common destinations for rendered suspects are Egypt , Morocco , Syria , and Jordan , all of which have been cited for human-rights violations by the State Department , and are known to torture suspects.

The Bush Administration identified him as an unlawful combatant and denied him access to an attorney or the court system, despite his Fifth Amendment right to due process.

In Hamdi's father filed a habeas corpus petition, the Judge ruled in Hamdi's favor and required he be allowed a public defender; however, on appeal the decision was reversed.

In , in the case of Hamdi v. Rumsfeld the U. Supreme court reversed the dismissal of a habeas corpus petition and ruled detainees who are U.

In December , Khalid El-Masri , a German citizen, was apprehended by Macedonian authorities when traveling to Skopje because his name was similar to Khalid al-Masri , an alleged mentor to the al-Qaeda Hamburg cell.

After being held in a motel in Macedonia for over three weeks he was transferred to the CIA and extradited to Afghanistan.

While held in Afghanistan, El-Masri claims he was sodomized, beaten, and repeatedly interrogated about alleged terrorist ties.

El-Masri was released at night on a desolate road in Albania , without apology or funds to return home. He was intercepted by Albanian guards, who believed he was a terrorist due to his haggard and unkept appearance.

He was subsequently reunited with his wife who had returned to her family in Lebanon with their children because she thought her husband had abandoned them.

Using isotope analysis , scientists at the Bavarian archive for geology in Munich analyzed his hair and verified that he was malnourished during his disappearance.

In , U. President Bush signed an Executive order banning the use of torture in the CIA 's interrogation program. President Bush republican administration "waterboarding" tortured opponents of Muammar Gaddafi during interrogations, then transferred them to mistreatment in Libya.

According to Canadian historian Michael Ignatieff , during and after the Cold War , the United States placed greater emphasis than other nations on human rights as part of its foreign policy, awarded foreign aid to facilitate human rights progress, and annually assessed the human rights records of other national governments.

Record" in compliance with a law that requires the Department to report on actions taken by the U. Government to encourage respect for human rights.

Ambassadors and human rights and democracy non-governmental organizations. The "Human Rights and Democracy Achievement Award" recognizes the exceptional achievement of officers of foreign affairs agencies posted abroad.

Under legislation by congress, the United States declared that countries utilizing child soldiers may no longer be eligible for US military assistance, in an attempt to end this practice.

Among these is the rejection of sections of the treaty that prohibit capital punishment. As a reservation that is "incompatible with the object and purpose" of a treaty is void as a matter of international law, Vienna Convention on the Law of Treaties, art.

At any rate, the United States is but a signatory in name only. Nations that have accepted the Rome Statute can defer to the jurisdiction of the ICC or must surrender their jurisdiction when ordered.

The US rejected the Rome Statute after its attempts to include the nation of origin as a party in international proceedings failed, and after certain requests were not met, including recognition of gender issues, "rigorous" qualifications for judges, viable definitions of crimes, protection of national security information that might be sought by the court, and jurisdiction of the UN Security Council to halt court proceedings in special cases.

Judge Richard Goldstone , the first chief prosecutor at The Hague war crimes tribunal on the former Yugoslavia , echoed these sentiments saying:.

I think it is a very backwards step. It is unprecedented which I think to an extent smacks of pettiness in the sense that it is not going to affect in any way the establishment of the international criminal court The US have really isolated themselves and are putting themselves into bed with the likes of China, the Yemen and other undemocratic countries.

While the US has maintained that it will "bring to justice those who commit genocide, crimes against humanity and war crimes," even though the U.

The ambassador states that "most atrocities are committed internally and most internal conflicts are between warring parties of the same nationality, the worst offenders of international humanitarian law can choose never to join the treaty and be fully insulated from its reach absent a Security Council referral.

Yet multinational peacekeeping forces operating in a country that has joined the treaty can be exposed to the court's jurisdiction even if the country of the individual peacekeeper has not joined the treaty.

Where the signature is subject to ratification, acceptance or approval, the signature does not establish the consent to be bound. However, it is a means of authentication and expresses the willingness of the signatory state to continue the treaty-making process.

The signature qualifies the signatory state to proceed to ratification, acceptance or approval. It also creates an obligation to refrain, in good faith, from acts that would defeat the object and the purpose of the treaty.

The US has not ratified any of the other regional human rights treaties of the Organization of American States , [] which include:.

Studies have found that the New York Times coverage of worldwide human rights violations is seriously biased, predominantly focusing on the human rights violations in nations where there is clear U.

When countries like the U. The US score declined to 8 in , , and In and , the United States is classified as a "Flawed Democracy" by Democracy Index and received a score of 8.

According to the annual Worldwide Press Freedom Index published by Reporters Without Borders , due to wartime restrictions the United States was ranked 45th from the top in out of According to the annual Corruption Perceptions Index , which was published by Transparency International , the United States was ranked 22nd from the top least corrupt in out of According to the annual Privacy International index of , the United States was ranked an "endemic surveillance society", scoring only 1.

According to the annual Democracy Matrix, which is published by the University of Würzburg , the US was a "working democracy" in , which is the highest category in that index, although it is the third-lowest ranking country in that category 36th overall.

According to the Gallup International Millennium Survey, the United States ranked 23rd in citizens' perception of human rights observance when its citizens were asked, "In general, do you think that human rights are being fully respected, partially respected or are they not being respected at all in your country?

State Department had previously asserted had lost its credibility by its prior stances [] and lack of safeguards against severe human rights violators taking a seat.

From Wikipedia, the free encyclopedia. Redirected from Human rights record in the United States. An overview of human rights in the United States, including history.

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Such statements should be clarified or removed. United States. Federal government. Constitution of the United States Law Taxation.

Presidential elections Midterm elections Off-year elections. Political parties. Democratic Republican Third parties Libertarian Green.

Other countries. Main article: Intersex rights in the United States. Further information: Freedom of movement under United States law. Further information: Freedom of association.

Main article: Right of revolution. Main article: Labor rights. See also: Health care in the United States. Capital punishment repealed or struck down as unconstitutional.

Capital punishment in statute, but executions formally suspended. Capital punishment in statute, but no recent executions.

Capital punishment in statute, other unique circumstances apply. Executions recently carried out. Main article: Solitary confinement in the United States.

Main article: Sex offender registries in the United States. Main article: Police brutality in the United States.

See also: Abu Ghraib torture and prisoner abuse. See also: Waterboarding and Enhanced interrogation techniques. See also: Extraordinary rendition by the United States.

Extraordinary renditions allegedly have been carried out from these countries. Detainees have allegedly been transported through these countries.

Detainees have allegedly arrived in these countries. See also: Unethical human experimentation in the United States and List of medical ethics cases.

United States portal. Main category: Human rights abuses in the United States. Praeger Publishers. Schwartz, Bernard, The Burger Court: counter-revolution or confirmation?

Human Rights Watch. Retrieved January 28, Summer Archived from the original on November 5, Retrieved June 10, Retrieved February 17, Freedom House.

During the year ended June 30, , the Organization was substantially funded by grants from the U. Reduction of funding from the U.

Government would have a significant impact on the operations of the Organization. Retrieved October 27, Archived from the original on May 21, Retrieved July 9, The United States remains one of the most press-friendly countries in the world.

April Archived PDF from the original on March 29, The Guardian. Green Party of UK. November 25, Retrieved December 20, Retrieved July 11, Many jailed for inability to pay fines".

PBS NewsHour. Human Rights Committee Calls U. Retrieved May 12, London: Routledge. June 4, Retrieved July 28, Retrieved April 2, UN Condemns U.

The Huffington Post. Retrieved August 30, Reuters via Yahoo! January 29, October 14, Deaths of Despair and the Future of Capitalism. Princeton University Press.

Health Care". The Commonwealth Fund. June 14, Here's what that means for today. The Washington Post. Retrieved December 24, Retrieved June 5, Vintage Books.

Retrieved September 6, Constitutionalism and rights: the influence of the United States constitution abroad. Columbia University Press. Online Exhibit: The Charters of Freedom.

National Archives. Archived from the original on July 6, Retrieved April 21, The Senators and Representative before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Oxford University Press. Blackstone Daily. Retrieved June 29, International Women's Democracy Center. Archived from the original on July 22, Retrieved January 3, August 26, Archived from the original on July 12, American Exceptionalism and Human Rights.

Fitzpatrick's Editorials on Human Rights ". Quellen zur Geschichte der Menschenrechte. Retrieved November 4, Human rights: The essential reference.

Greenwood Publishing Group. Retrieved November 6, The United States Constitution. Capstone Press. Boston Globe. Neilson, 27 U.

Supreme Court , Chief Justice Marshall writing: "Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.

But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department, and the legislature must execute the contract before it can become a rule for the Court.

International Human Rights and Humanitarian Law. Cambridge University Press. Tense commandments: federal prescriptions and city problems.

Brookings Institution Press. University of Pennsylvania Press. And no human law can deprive him of the right which he derives from the law of nature.

Brown v. Board of Education: a brief history with documents. Palgrave Macmillan. Board of Education , 98 F.

Retrieved May 23, Goldberg, U. Disability rights in Europe: from theory to practice. Hart Publishing. Retrieved December 23, Arndstein , U.

Archived from the original on April 12, Retrieved April 11, United States". Audio Case Files. Army clamping down on soldiers' blogs".

Reuters CNN. May 2, Archived from the original on May 22, Retrieved May 27, August 24, Retrieved June 14, Retrieved May 28, Brookings Institution.

Archived from the original PDF on June 16, Herald Tribune. August 7, CBS News. Researchers armed with actual facts state that U.

To restrict in any fashion the movement of the individual American, in free exercise of the right to travel upon the roadways excluding commerce, which the state legislatures are correct in regulating , is a serious breach of those freedoms secured by the U.

Constitution, as well as most state constitutions. Our system of law dictates that there is only one way to remove a right belonging to the people.

That is by a person knowingly waiving a particular right. Some of the confusion in our present system has arisen because many millions of people have waived their right to travel unrestricted, and opted into the jurisdiction of the state.

Those who have knowingly given up these rights are legally regulated by state law, and must obtain permits, registrations, insurance, etc. Every police officer should keep the following U.

Reprinted from a special edition of "Aid and Abet" bulletin 11, P. Box , Phoenix, AZ. It is important to be aware of a different point of view about traffic since a near police state exists on America's highways today.

Driving brief and memorandum of law: Template can be used to challenge your state's driving laws. An updated version is available with more case law and evidence.

General format can be used to challenge your state's driving laws Right to Drive Handout: to hand out when you get a police stop for some innocent "infraction.

The County Guard. Taking back our Country. Keep, and bear , arms. Jury Duty: Facts to know. Contact Your Government Representatives. Email for more information.

Make your County a " Liberty Zone " If not up yet, stay tuned

Schactman v. Dulles F.2d ; 96 U.S. App. The Human Rights Resource Center builds partnerships with advocacy groups around the world to promote. Schactman v. Dulles, F.2d ; 96 U.S. App. All are entitled to equal protection against any discrimination in violation of this Declaration and against any. Schactman v. Dulles F.2d ; 96 U.S. App. The ambassador states that "​most atrocities are committed internally and most internal conflicts are between. Chicago Motor Coach v. Schactman v. Dulles F.2d ; 96 U.S. App. Everyone has the right to the protection of the law against such interference or.

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