Relevant and even prescient commentary on news, politics and the economy.

Can you imagine Pakistan as…?

Just listen to this and while you do, knowing this was recorded in a studio in Pakistan, by Pakistani’s try to jive that with “they hate us because…” and all that comment suggests.    Dave Brubeck’s Take Five

Here is the video about the orchestra. They actually work with Abbey Road Studio. 1500 concerts, 17 albums from the Pakistan studio.  They talk about the great jazz artist traveling the world “to physically promote American culture”.  

Being that jazz, the true American art form,  is part of their culture, are we not bombing a part of our self?  Is such a performance not a testament to the benefit of cultural exchange via the arts to ours and the worlds economy?   Now, think of Bush and Cheney and try to jive the image with this performance.  Even jazz couldn’t do it.

I put this one in my favorites folder at youtube.  Hat tip on this performance to Real Economics.

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Due process rights

Lifted from Robert Waldmann’sStochastic Thoughts:

32. Note that the US constitution grants the same due process rights to citizens and non citizens.

This time I pick on Steve Benen who wrote

“The drones themselves are a fairly new tool, but the use of technology is tangential to the underlying point about the use of force, and in the case of U.S. citizens accused of terrorism abroad, due process rights.”

My comment

You seem to be of the impression that the due process rights of US citizens are different than the due process rights of non citizens ” in the case of U.S. citizens accused of terrorism abroad, due process rights.” There is no basis for this view in the constitution. The 5th amendment declares that there are due process rights (its framers certainly saw this as recognizing a fact not creating a right). It contains no reference at all to citizenship.

Here is the 5th Amendment

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

How do you imagine that an amendment which begins “no person” implies that due process rights are an issue only in the case of citizens ?

This isn’t just my reading of the text (which is not at all ambiguous). US courts have consistently held that non citizens have due process rights (note I didn’t say “all non citizens”).

Hmm it sure sounds like the 5th amendment bans war which involves killing people without giving them trials first. The many provisions for declaring war and such like are in the main body of the Constitution and might be considered repealed by the 5th (as the provision that states must return escaped slaves is not considered to be current constitutional law). Similarly the common law right to use deadly force in self defence might be considered to have been eliminated by the 5th amendment.

But I might not be crazy and I don’t imagine for a second that the 5th amendment banned war or self defence. I do insist that it allows no distinction between US citizens and non citizens. The Civil war was particularly horrible, but the legality of union troops killing confederate troops in battle was not (widely) contested.

It is clear that the 5th amendment concerns killing people who are in government custody, that is the death penalty. It does not refer to killing people who haven’t been captured and can’t feasibly be captured.

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