The Supreme Court stated in a 1905 ruling (JACOBSON v. COM. OF MASSACHUSETTS, 197 U.S. 11 (1905) 197 U.S. 11) that the preamble of the Constitution that you quoted there wasn't legally binding.
Here's the opinion of the court (written by Justice Harlan) in that ruling [emphasis mine]:
We pass without extended discussion the suggestion that the particular section of the statute of Massachusetts now in question ( 137, chap. 75) is in derogation of rights secured by the preamble of the Constitution of the United States. Although that preamble indicates the general purposes for which the people ordained and established the Constitution, it has never been regarded as the source of any substantive power conferred on the government of the United States, or on any of its departments. Such powers embrace only those expressly granted in the body of the Constitution, and such as may be implied from those so granted. Although, therefore, one of the declared objects of the Constitution was to secure the blessings of liberty to all under the sovereign jurisdiction and authority of the United States, no power can be exerted to that end by the United States, unless, apart from the preamble, it be found in some express delegation of power, or in some power to be properly implied therefrom.
Seeing as this ruling is over a century old now, a future ruling (or Constitutional Amendment) could change things but, until then, the preamble isn't going to be considered binding by any lower court.
Re: So... how many other West Virginia Lawmakers are...
Since West Virgina has a part-time legislature (only nine states are full-time) I'd hazard a guess that all of their members who aren't independently wealthy also work for private companies. They only get paid while they're actually in session after all.
They started out isolationist, then westerners decided to force them to open their borders and they figured out imperialism pretty quickly. Later on, the United States smacked them with the two most powerful weapons ever used in wartime for their efforts. After that kind of backlash, I'd go back to whatever worked before too.
Austrailia does allow blank ballots (since they use IRV that doesn't tend to happen often though). However, I agree that a none of the above option is better than that.
That idea for the last mile makes sense. In fact, it was the law until the early 00's until regulatory capture got a firm hold of the FCC. Then they were deregulated and we've ended up where we are now.
Re: Re: Re: I've had a increase in robo callers since wheeler left.
DannyB is talking about the feature built into the Google Dialer in, IIRC, Android 6+. So, you only have to be allowing Google to have a copy of your contacts and, if you're using the Google Dialer on an Android phone, you probably already are.
Google has their own carrier-independent voicemail system. It's built into Google Voice (which I have) and their Google Fi MVNO. It has good anti-spam but, it only works with messages that can be read by their voice to text engine. Some marketers have gotten around this by including just enough static to confuse the system or by including large gaps before the voice starts to keep it from being sent to the spam folder. And, of course, there's the issue of spam false positives in a voicemail system to contend with.
Re: Re: I've had a increase in robo callers since wheeler left.
In my area, they rotate numbers daily (sometimes more than once per day) so I'll get multiple identical voicemails in the same day. Also, the Android anti-spam method effectively does what this regulation would do, it sends telemarketers straight to voicemail so I end up dealing with them there. Once I block them there, I don't see voicemails from that number anymore but, number-spoofing, while illegal, is commonplace. I fear the day that they spoof the number of someone I actually know so I can't just block it outright.
Re: Nobody vote for a single Republican (or Democtrat) candidate next election.
Many millions of people chose to vote for neither in 2016. You may have noticed that we now have a bit of an issue. Before we can aim for candidate reform we should probably aim for voting reform. First past the post tends to aggregate politicians into two parties.
The problem there is proving that they are illegal monopolies. Comcast and Charter are both huge. Either of them could argue that the other is a valid competitor in the United States.
If a regulator tries to force them to compete in a single market I can just imagine how much trouble could be caused if they purposely caused accidents for one another's lines thereby showing that there's a reason that multiple companies shouldn't run cables in the same market.
The only real fix would be having municipalities build out their own fiber networks and requiring ISP's to connect to it in order to access their citizens. Unfortunately, many states have specific laws against just that.
Re: Re: Re: Re: Just like Britain only more so and mobile
Technically, he's right but, in most cases, if you were denied you'd win an appeal. I can only speak for Michigan (I'm licensed to produce life and health insurance contracts here) but, any material omissions on an application can cause a claim to be denied. The key term there is material.
Acne normally wouldn't be considered a material omission but, for example, if you have skin cancer near an acne scar, the insurance company could argue that they would have charged you a higher premium or denied you outright due to the additional risk and win the appeal. I haven't heard of any capricious denials myself though, I got into the business right around the time when pre-existing conditions gained required coverage status.
Unless he resigns or makes a huge mistake somewhere and is removed for dereliction, FBI directors are appointed to a 10-year term (this can be extended by Congress if they choose to do so). This is to prevent any director from becoming as powerful as Hoover and to protect the director from being changed every time a new President is elected.
Just a few of the linked articles entered into evidence and maybe an expert witness with an audio "recording" of the prosecutor admitting to having had sexual relations with a goat (or something equally implausible) should convince a jury that the tape is unreliable evidence on its own (in addition to giving them a good laugh).
Re: Re: Given all the needlessly internet-connected devices...
I live about a mile from a small airport. Near airports, those clocks don't work at all due to radar and all the other EM interference that comes from airports. I learned that in college when, due to my school's aviation program, my dorm was within sight distance of a working airport and my auto setting watch no longer set itself.
Try explaining that to your average consumer.
Also, in my experience, radio setting clocks tend not to keep time very well since they're supposed to get reset daily. So, mine loses about 2 minutes a month requiring manual setting.
Given the turnout for the 2016 Presidential election, I'm pretty sure that many people decided to not vote for either (or anyone for that matter). I don't think that made things better.
The state does provide the unannotated code for free. However, that website is quite difficult to navigate and, being unannotated, doesn't include any references to relevant case law. If pressed, Georgia will probably point to that to avoid the issues you've pointed out.
Tear gas is specifically exempted for civilian law enforcement use under the Geneva Convention. It's illegal to use it in a military engagement but the treaty doesn't bar the use of tear gas against civilians by civilians (law enforcement or otherwise).
Radio frequency jamming equipment is illegal in the United States. Even law enforcement can't use it much. It's pretty much limited to military use in extraordinary circumstances here due to FCC regulations.
If a law enforcement officer figures out what you've done, that's a felony they can arrest you for right there (there are people who've tried something similar with car-mounted cell phone jammers and disconnected everyone they drove past). The fines are huge and repeat offenses can lead to jail time.
On the post: Supreme Court Reminds US Government That Hate Speech Is, In Fact, Free Speech
Re: Re: Re: YAY!
The Supreme Court stated in a 1905 ruling (JACOBSON v. COM. OF MASSACHUSETTS, 197 U.S. 11 (1905) 197 U.S. 11) that the preamble of the Constitution that you quoted there wasn't legally binding.
Here's the opinion of the court (written by Justice Harlan) in that ruling [emphasis mine]:
Seeing as this ruling is over a century old now, a future ruling (or Constitutional Amendment) could change things but, until then, the preamble isn't going to be considered binding by any lower court.
On the post: Frontier Fires State Senate Leader (Who Also Worked For Frontier) For Supporting Attempts To Improve Broadband Competition
Re: So... how many other West Virginia Lawmakers are...
Since West Virgina has a part-time legislature (only nine states are full-time) I'd hazard a guess that all of their members who aren't independently wealthy also work for private companies. They only get paid while they're actually in session after all.
On the post: Frontier Fires State Senate Leader (Who Also Worked For Frontier) For Supporting Attempts To Improve Broadband Competition
Re:
Only nine states have full-time legislatures. So, most state legislatures are going to have some version of this from time to time.
On the post: UK Government Department Says It Will Cost $7 To Send It An Email, But Only If You Are A Foreigner
Re: Japan
On the post: ISP-Loyal Marsha Blackburn Pushing New Broadband Privacy Law, But It's A Hollow PR Show Pony With No Chance Of Passing
Re: Re: Re: Re: Re: Re: "elected"
Austrailia does allow blank ballots (since they use IRV that doesn't tend to happen often though). However, I agree that a none of the above option is better than that.
On the post: Charter Spectrum Celebrates Megamerger One-Year Anniversary With Blanket Price Hikes For 'Mispriced' Customers
Re: Re: Re: Re: Re: Political Pull
That idea for the last mile makes sense. In fact, it was the law until the early 00's until regulatory capture got a firm hold of the FCC. Then they were deregulated and we've ended up where we are now.
On the post: RNC, Chamber Of Commerce Want Robocallers To Be Able To Spam Your Voicemail Without Your Phone Ringing
Re: Re: Re: I've had a increase in robo callers since wheeler left.
DannyB is talking about the feature built into the Google Dialer in, IIRC, Android 6+. So, you only have to be allowing Google to have a copy of your contacts and, if you're using the Google Dialer on an Android phone, you probably already are.
On the post: RNC, Chamber Of Commerce Want Robocallers To Be Able To Spam Your Voicemail Without Your Phone Ringing
Re: Help me Google you're my only hope!
Google has their own carrier-independent voicemail system. It's built into Google Voice (which I have) and their Google Fi MVNO. It has good anti-spam but, it only works with messages that can be read by their voice to text engine. Some marketers have gotten around this by including just enough static to confuse the system or by including large gaps before the voice starts to keep it from being sent to the spam folder. And, of course, there's the issue of spam false positives in a voicemail system to contend with.
On the post: RNC, Chamber Of Commerce Want Robocallers To Be Able To Spam Your Voicemail Without Your Phone Ringing
Re: Re: I've had a increase in robo callers since wheeler left.
In my area, they rotate numbers daily (sometimes more than once per day) so I'll get multiple identical voicemails in the same day. Also, the Android anti-spam method effectively does what this regulation would do, it sends telemarketers straight to voicemail so I end up dealing with them there. Once I block them there, I don't see voicemails from that number anymore but, number-spoofing, while illegal, is commonplace. I fear the day that they spoof the number of someone I actually know so I can't just block it outright.
On the post: RNC, Chamber Of Commerce Want Robocallers To Be Able To Spam Your Voicemail Without Your Phone Ringing
Re: Nobody vote for a single Republican (or Democtrat) candidate next election.
Many millions of people chose to vote for neither in 2016. You may have noticed that we now have a bit of an issue. Before we can aim for candidate reform we should probably aim for voting reform. First past the post tends to aggregate politicians into two parties.
On the post: AT&T Makes It Clear: It Bought DirecTV So It Doesn't Have To Upgrade Its Lagging Networks
Re: Re: Re:
The problem there is proving that they are illegal monopolies. Comcast and Charter are both huge. Either of them could argue that the other is a valid competitor in the United States.
If a regulator tries to force them to compete in a single market I can just imagine how much trouble could be caused if they purposely caused accidents for one another's lines thereby showing that there's a reason that multiple companies shouldn't run cables in the same market.
The only real fix would be having municipalities build out their own fiber networks and requiring ISP's to connect to it in order to access their citizens. Unfortunately, many states have specific laws against just that.
On the post: Taser/Axon Separating Defense Lawyers From Body Camera Footage With License Agreements
Re: Re: Re: Re: Just like Britain only more so and mobile
Technically, he's right but, in most cases, if you were denied you'd win an appeal. I can only speak for Michigan (I'm licensed to produce life and health insurance contracts here) but, any material omissions on an application can cause a claim to be denied. The key term there is material.
Acne normally wouldn't be considered a material omission but, for example, if you have skin cancer near an acne scar, the insurance company could argue that they would have charged you a higher premium or denied you outright due to the additional risk and win the appeal. I haven't heard of any capricious denials myself though, I got into the business right around the time when pre-existing conditions gained required coverage status.
On the post: James Comey Says Real Journalists Check With The Government Before Publication
Re: Blackmail?
Unless he resigns or makes a huge mistake somewhere and is removed for dereliction, FBI directors are appointed to a 10-year term (this can be extended by Congress if they choose to do so). This is to prevent any director from becoming as powerful as Hoover and to protect the director from being changed every time a new President is elected.
On the post: New Tools Allow Voice Patterns To Be Cloned To Produce Realistic But Fake Sounds Of Anyone Saying Anything
Re: Re:
Just a few of the linked articles entered into evidence and maybe an expert witness with an audio "recording" of the prosecutor admitting to having had sexual relations with a goat (or something equally implausible) should convince a jury that the tape is unreliable evidence on its own (in addition to giving them a good laugh).
On the post: Malware Hunts And Kills Poorly Secured Internet Of Things Devices Before They Can Be Integrated Into Botnets
Re: Re: Given all the needlessly internet-connected devices...
I live about a mile from a small airport. Near airports, those clocks don't work at all due to radar and all the other EM interference that comes from airports. I learned that in college when, due to my school's aviation program, my dorm was within sight distance of a working airport and my auto setting watch no longer set itself. Try explaining that to your average consumer.
Also, in my experience, radio setting clocks tend not to keep time very well since they're supposed to get reset daily. So, mine loses about 2 minutes a month requiring manual setting.
On the post: UK Crime Agency's Latest Moral Panic: Kids Modding Videogames May Be A Gateway To Becoming Criminal Hackers
Re: Re: Re:
A few days ago, the last person who took a breath before 1900 died so you can adjust your year forward a bit.
On the post: Bad Take: Rep. Sensenbrenner's Response Over Internet Privacy Concerns: 'Nobody's Got To Use The Internet'
Re: Re: Re: I have got my popcorn
Given the turnout for the 2016 Presidential election, I'm pretty sure that many people decided to not vote for either (or anyone for that matter). I don't think that made things better.
On the post: Court Says Posting Georgia's Official Annotated Laws Is Not Fair Use, And Thus Infringing
Re:
The state does provide the unannotated code for free. However, that website is quite difficult to navigate and, being unannotated, doesn't include any references to relevant case law. If pressed, Georgia will probably point to that to avoid the issues you've pointed out.
On the post: Lawsuit: Police Destroyed Farm House To Capture Homeless Man Armed With An Ice Cream Bar
Re: Fun facts:
Tear gas is specifically exempted for civilian law enforcement use under the Geneva Convention. It's illegal to use it in a military engagement but the treaty doesn't bar the use of tear gas against civilians by civilians (law enforcement or otherwise).
On the post: Court Tells Cops They Can't Use GPS Data Gathered After Suspect They Were Tracking Sold The Vehicle
Re:
Radio frequency jamming equipment is illegal in the United States. Even law enforcement can't use it much. It's pretty much limited to military use in extraordinary circumstances here due to FCC regulations.
If a law enforcement officer figures out what you've done, that's a felony they can arrest you for right there (there are people who've tried something similar with car-mounted cell phone jammers and disconnected everyone they drove past). The fines are huge and repeat offenses can lead to jail time.
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