Latest news with #Constitutionally
Yahoo
3 days ago
- General
- Yahoo
4 people charged in Loveland park incident involving council member Erin Black
Four people were issued a summons for harassment, but not Loveland City Council member Erin Black, after a March park altercation that has led to an effort to recall her. The Larimer County Sheriff's Office said in a news release May 30 it concluded its investigation into the case, and the Eighth Judicial District Attorney's Office issued summonses for class 1 or class 2 misdemeanor harassment. But Black is not among the people who will be facing criminal charges. The charges stem from a March 29 incident in Loveland's Dwayne Webster Park that involved resident Dillon Kaiser, Black and others who were at the park with her. A video recording publicly posted March 30 by Kaiser showed the two sides arguing with each other for about 10 minutes. In the video, taken by Kaiser, the parties can be seen taunting each other, calling each other names and daring each other to make physical contact. Black can be seen yelling at Kaiser, carrying an umbrella and gesturing toward him with it while standing close to him. After the incident, Loveland City Council members formally asked Black to resign, calling her behavior unacceptable. They said her actions lacked decorum that an elected official should have, undermined public trust and damaged the integrity of the council. She has not resigned, and now a recall effort is underway. The Loveland Police Department asked the sheriff's office to take over the criminal investigation after learning a Loveland council member was involved. The District Attorney's Office, in a social media post, explained why Black was not charged. In a Facebook post, the DA's office said it had multiple video angles of the incident, including some that were not made public. The complete video evidence demonstrated there was no contact between Black and Kaiser, the post said, and "it was reviewed by multiple attorneys who came to the same conclusion." While the allegation of physical contact involving Black did not lead to charges, another allegation did because it was corroborated by video evidence and on-scene statements, the post said. "In Colorado, a criminal charge of harassment must fall into a narrow set of parameters," the post said. In the case of the four people charged, there was actual physical contact and repeated taunts that specifically tried to solicit a physical confrontation or violence, the DA's office says. "Other communications, even if aggressive or confrontational, that don't meet the narrow statutory exceptions, are Constitutionally protected free speech," the post says. This article originally appeared on Fort Collins Coloradoan: Loveland council member Erin Black isn't charged in park incident
The Hindu
15-05-2025
- Politics
- The Hindu
President Murmu seeks clarification from Supreme Court on its judgment imposing time frame to give assent to bills
President Droupadi Murmu has sent a Reference under Article 143 of the Constitution to the Supreme Court for its opinion on, among other questions, the 'Constitutional options before a Governor when a Bill is presented to him under Article 200 of the Constitution of India'. The Presidential Reference has also asked for the Supreme Court's opinion on whether timelines can be imposed on the President through judicial orders when Bills are reserved by Governors for Presidential assent. The President's Reference said there are conflicting judgments of the Supreme Court as to whether the assent of the President under Article 201 was justiciable or not. The Reference, dated May 13, has also sought the opinion on the contours a and scope of Article 142 of the Constitution. Questions asked by President What are the Constitutional options before a Governor when a Bill is presented to him under Article 200 for assent? Is the Governor bound by the aid and advice tendered by the Council of Ministers? Is the exercise of Constitutional discretion by the Governor under Article 200 justiciable? Is Article 361 of the Constitution (immunity given to President and Governors from legal action while in office) an absolute bar to judicial review in relation to the actions of a Governor under Article 200? In the absence of any Constitutionally prescribed time limit or manner of exercise of powers by a Governor, can time limits be imposed and manner of exercise of powers be prescribed through judicial orders? Is the exercise of Constitutional discretion by the President under Article 201 (dealing with Bills reserved by a Governor for consideration by the President) justiciable? Can judicial orders impose timelines and manner of exercise of powers by the President under Article 201? Is the President required to take advice from the Supreme Court when a Bill is reserved by a Governor for the President's assent? Are decisions of the Governor and the President under Articles 200 and 201, respectively, justiciable at a stage prior to even the Bill in question becoming a law. Is it permissible for the courts to undertake judicial adjudication over the contents of a Bill, in any manner, before it becomes law? Can the Constitutional powers of the President/Governors be substituted by a judicial order exercising Article 142? Is a law made by the State Legislature a law in force without the assent of the Governor? Is it not mandatory for a Supreme Court Bench to examine if a case involved substantial questions of law regarding interpretation of the Constitution and refer the case to a Bench of a minimum five judges under Article 145(3)? Is Article 142 limited matters of procedural law or does it extend to issuing directions 'contrary to or inconsistent with existing substantive or procedural provisions of the Constitution'? Is there a bar on the Supreme Court from deciding between the Centre and States other than by way of filing an original suit under Article 131? In a reference to the Tamil Nadu Governor judgment of the apex court, the Presidential Reference said the 'concept of deemed assent of the President and the Governor is aline to the Constitutional scheme and fundamentally circumscribed the power of the President and the Governor'. The apex court judgment in the Tamil Nadu Governor's case had held that assent to Bills would be deemed if no action was taken on them by the President or Governor within the prescribed timeline of three months. The Presidential Reference highlighted that States are resorting to approach the apex court under Article 32, and not Article 131, to raise issues 'which by their very nature are federal issues involving interpretation of the Constitution'. President Murmu has listed a series of 14 questions for the Supreme Court to consider and give an opinion under Article 143.
Engadget
09-05-2025
- Business
- Engadget
Trump plans to shut down the Consumer Product Safety Commission
In the latest blow to what was generally a functional government, President Donald Trump wants to eliminate the independent agency in charge of issuing recalls and protecting US citizens from harmful products. The Office of Management and Budget has suggested the responsibilities of the Consumer Product Safety Commission should be folded into "a nonexistent division within the Department of Health and Human Services," according to a joint letter from lawmakers. And to seemingly start the process, Trump has fired the commission's three Democratic members without cause, The Washington Post reports. Following a meeting with the Department of Government Efficiency, Commissioners Mary Boyle and Richard Trumka Jr. received emails on May 8 informing them they'd been fired. A third commissioner, Alexander Hoehn-Saric wasn't formerly fired, but shared via a statement on May 9 that the Acting Chairman of the commission was "preventing [him] from executing [his] duties." Commissioners in agencies like the CPSC, FCC or the FTC are appointed by the President, approved by the Senate and normally serve out their term in its entirety. Removing a commissioner requires the President to determine that they've neglected their duty or are credibly accused of wrongdoing. To view this content, you'll need to update your privacy settings. Please click here and view the "Content and social-media partners" setting to do so. That Constitutionally protected standard has not been Trump's concern since he took office. The Democratic members of the FTC say they were illegally fired in a similar fashion back in March, and are now suing the US government. CPSC Commissioner Trumka has announced that he plans to take his case to court, too. The US Supreme Court is considering a case that could determine whether Trump can actually fire members of independent agencies, but until that verdict is reached, we're in limbo. Eliminating the CPSC or at the very least, its Democratic wing, means businesses will receive a lot less scrutiny over the products they sell. Plenty of companies would prefer not to deal with the hassle of recalls and fines. Amazon even proposed in March that the CPSC was too powerful and called the agency "unconstitutionally constructed." Under the Trump administration, those complaints are apparently being heard and acted upon.
Yahoo
05-04-2025
- Politics
- Yahoo
Opinion: Hi. I'm that angry guy from the town hall
My name is Michael Bretz, and I'm the middle-aged, overweight, bald guy in the pictures from the recent Kennedy/Maloy Town Hall. When I enlisted as a Marine, I took an oath to uphold the Constitution of the United States, and I will forever live by it. I expect everyone else who has taken the oath to live by it, too. Elon Musk and Donald Trump's actions are constitutionally questionable, and our members of Congress are part of a Constitutionally defined co-equal branch of government that's intended to be a check on the executive branch. I came to the town hall to ask a simple question: When will THEY stand up for the Constitution? The reconciliation bill that was recently passed calls for $880 billion in cuts to the Energy and Commerce budget. The two biggest programs under that umbrella are Medicare and Medicaid. In fact, all other programs under that umbrella, cost combined, do not total $880 billion. Logically, Medicare and/or Medicaid would take a funding hit to meet the $880 billion goal. When Congress members Kennedy and Maloy both insisted this wasn't the case, it felt like an insult to our intelligence. When pressed on how they intended to not interfere with Medicare and Medicaid, Congressman Kennedy claimed that Medicaid was paying for piano lessons and swim lessons. (Disabled and impoverished Americans have nowhere else to turn for their health care other than these programs and some underfunded charities.) As a Republican, I believe the government exists to protect people's rights and opportunities. It should not exert excessive control while picking winning and losing teams. Look, it's not rocket science — the U.S. government has a spending problem. Cuts need to happen. We will pay for the sins of the past sooner or later, and hopefully learn our lesson. However, there's nothing 'efficient' about firing people who are doing necessary jobs. There's nothing 'efficient' about allowing poor people overseas to die of preventable diseases. There is certainly nothing 'efficient' about pulling the plug on public education at every level, when that is the very engine that has made us so powerful in the last century. The VA firings are indefensible for anyone claiming to be pro-veteran. If you want efficiency, take some time to look around for where the waste is. The reconciliation bill increases the debt by 4.5 trillion dollars over the next decade by renewing the 2017 tax cuts for the top 0.1% of earners. This all gives the distinct impression that those least in need of support are more important than those most in need of support. If the bill didn't have the tax cuts with only cuts to entitlement programs, I might be able to stomach some of the sacrifice the American people are making to pay off the debt. That's not what's happening. With the reconciliation bill we're taking on MORE debt AND targeting entitlements. It's a double slap in the face to constituents — benefits for the haves by taking from the have-nots. America has a significant issue that needs to be addressed. Continuing resolutions and weak solutions aren't going to cut it. Doing it solely on the backs of the vulnerable won't either. And doing it without discussion or oversight is ludicrous. In case it wasn't obvious, I'm a passionate man. I care deeply for my country. The ideals of this country that I grew up learning and living by are in my soul. I would be willing to have a fact-based, good-faith discussion with our congressional representatives. However, I'm not willing to engage in a discussion where I'm handed butcher's scraps and told it's a filet mignon. I won't stand for people in power failing those who need them. This isn't about the red team against the blue team. This isn't about hating Donald Trump. This is about doing what's right for the people and the Constitution, and fighting to ensure that my elected officials do the same.
Yahoo
01-04-2025
- Politics
- Yahoo
Dems open probe into FCC chairman over attacks on the free press
Happy Tuesday! Here's your Tuesday Tech Drop, a collection of the past week's top stories from the intersection of tech and politics. Democrats on the House Committee on Energy and Commerce have opened an investigation into Federal Communications Commission Chair Brendan Carr (also a co-author of the far-right playbook Project 2025), citing his 'attacks on the First Amendment and his weaponization' of the agency. Since Trump tapped him for the FCC's top position, Carr has targeted NPR and PBS over 'underwriting announcements that cross the line into prohibited commercial advertisements,' threatened to kill mergers involving companies with DEI policies, and opened an investigation into a San Francisco radio station that reported on a local ICE raid. Carr has also revived complaints, filed by conservative groups, accusing media organizations of bias in favor of Democrats — complaints that were dismissed by former FCC Chair Jessica Rosenworcel and, in one case, were opposed by multiple conservative organizations. Democrats sent Carr a letter demanding answers and documents and asking the FCC's inspector general to open an investigation as well: We write to express deep concern over your actions to target and intimidate news organizations and broadcasters in violation of the First Amendment. These troubling actions assault the Constitutionally protected freedom of the press and violate the Federal Communications Commission's statutory prohibition against engaging in censorship. Moreover, directing FCC staff to devote time and resources to bogus investigations constitutes a violation of the law, gross mismanagement, extreme waste of funds, and an abuse of authority. Wired reports that members of various extremist groups, referring to themselves as 'Tesla Shield,' formed counterprotests in Elon Musk's defense over the weekend, as protesters demonstrated against Musk for his role in gutting the federal government. Among these counterdemonstrators were groups such as the Proud Boys, Wired reports. It certainly suggests some of the worst nightmares of the technocracy have been realized when right-wing militias are showing up to protests on behalf of the world's most prominent Big Tech oligarch. Read more on Wired. The United Parcel Service launched an online tool to help shoppers calculate the import costs of items they purchase amid Trump's haphazard and potentially destructive tariff war. While some Trump loyalists continue to push the lie that tariffs don't result in higher prices for consumers, Trump told NBC News over the weekend that he 'couldn't care less' if foreign car companies raise their prices amid his tariff war because he believes consumers will buy American-made products instead. Tools like the one UPS launched could keep the tariff war front of mind for shoppers as they peruse the internet for products. Read more at The Hill. A report from ProPublica last week found that leaders at the U.S. Centers for Disease Control and Prevention ordered staff not to release an expert assessment that the risk of catching measles — which is currently spreading in several states — is highest in areas with lagging vaccination rates. It's just one example of how anti-vaccine conspiracy theorist and Health and Human Services Secretary Robert F. Kennedy Jr. is distorting the important work of U.S. health agencies. Read more at ProPublica. In 2023, Trevor Milton, the founder of the electric vehicle company Nikola, was sentenced to four years in prison on fraud charges stemming from falsehoods about the technological capabilities of his product. And last week Milton was pardoned by Donald Trump. The Associated Press reports the decision 'could wipe out hundreds of millions of dollars in restitution that prosecutors were seeking for defrauded investors.' As the Washington Post's Aaron Blake noted, Trump's pardons have resulted in lost restitution for victims exceeding $1 billion. Milton donated more than $1.8 million to Trump's presidential campaign in 2024. Read more at The Associated Press. Kari Lake, the far-right influencer Trump tapped to lead the Voice of America news organization, appears to have abandoned her attempt to silence Radio Free Europe. I blogged about a court filing from Lake last week that asked a judge to toss out a lawsuit that would prevent her from terminating grants to the outlet, saying she's withdrawn the cuts for now. However, Lake claimed that the U.S. Agency for Global Media reserves the authority to cut funds later if the agency determines 'such a termination was appropriate under the applicable law.' Read my blog on MSNBC. One of the recipients of Elon Musk's $1 million 'giveaway' this weekend was Nicholas Jacobs, who happens to be the president of the Wisconsin College Republicans. On Sunday the Wisconsin Supreme Court chose not to stop the payouts after the state attorney general filed a lawsuit arguing such payments violated state law. Musk had initially suggested that the two million-dollar checks would go to 'voters' before he 'clarified' they would be to 'spokesmen.' Jacobs reportedly set his social media account to private amid backlash over the news that he was a recipient of Musk's giveaway. Read more at MeidasTouch. Paula White, who leads Trump's White House Faith Office, came in for widespread criticism last week over her promotion of seven 'supernatural blessings' her followers could purchase from her company's website for $1,000. Seems like even religious freedom isn't always free these days. Watch video of White's sales pitch here: Read more about it on Baptist News Global. Over at Forbes, cybersecurity journalist Kate O'Flaherty published a solid explainer on Musk's AI company, xAI, purchasing his social media company, X. O'Flaherty spoke with experts who highlighted the potential security concerns related to scraping X's user data — potentially, even their locations — to train his AI models. Read more at Forbes. This article was originally published on
