Anonymous ID: a2e7bf Feb. 20, 2019, 10:02 a.m. No.5285632   🗄️.is 🔗kun   >>5978 >>6046 >>6187 >>6285

Supreme Court rules Constitution's ban on excessive fines applies to the states

 

A constitutional provision prohibiting the imposition of excessive fines extends beyond the federal government to states and cities, the Supreme Court ruled Wednesday. The high court's unanimous decision expanding the Eighth Amendment's excessive fines clause delivered a victory to an Indiana man who challenged the state’s seizure of his $42,000 Land Rover. The ruling means in states and cities — like the feds — the amount of the forfeiture must bear some relationship to the gravity of the offense that it is designed to punish.

 

Justice Ruth Bader Ginsburg, who returned to the bench for the first time since undergoing lung cancer surgery in December, wrote the opinion. “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Ginsburg wrote.

 

The justices heard oral arguments in the case in November, which raised the question of whether the Eighth Amendment’s excessive fines clause should be applied to the states under the 14th Amendment — the Reconstruction-era constitutional change broadly expanding citizenship rights. While the Bill of Rights originally applied only to the federal government when enacted, the Supreme Court has since ruled that provisions of the Bill of Rights apply to the states under the 14th Amendment, with the exception of a few. In a 2010 case, the Supreme Court ruled the 14th Amendment prevents the states, as well as the federal government, from infringing on the Second Amendment right to keep and bear arms for the purpose of self-defense.

 

At the center of the Eighth Amendment case is Tyson Timbs, a 37-year-old machinist from Marion, Ind., whose Land Rover was seized by the state after he was arrested on his way to sell heroin, to what turned out to be to undercover police officers. Timbs twice previously sold drugs to undercover officers. The Land Rover was purchased for roughly $42,000 with money Timbs received from his father’s life insurance policy after his death in 2012. After his arrest, Timbs pleaded guilty to one count of dealing in a controlled substance. He was sentenced to one year of home detention and five years of probation, and had to pay court fees and fines totaling $1,200. The state then moved to take Timbs’ Land Rover using civil forfeiture, which gives law enforcement the power to seize property if they suspect it’s tied to criminal activity.

 

Following his guilty plea, a trial court in Indiana and the Indiana Court of Appeals found that taking the Land Rover would be “grossly disproportional to the gravity” of Timbs’ offense — and unconstitutional under the Constitution's excessive fines clause. The trial judge noted Timbs’ vehicle was worth roughly four times the maximum monetary fine of $10,000 the state could have levied against him for his crimes.

 

The justices sent Timbs' case back to the lower court for further proceedings. “Protection against excessive punitive economic sanctions secured by the clause is, to repeat, both ‘fundamental to our scheme of ordered liberty’ and ‘deeply rooted in this nation’s history and tradition,’” Ginsburg wrote. During oral arguments, the justices seemed poised to rule in Timbs’ favor, paving the way for him to get his Land Rover back. The case brought together a diverse coalition who supported Timbs, uniting the American Civil Liberties Union and the Southern Poverty Law Center with the U.S. Chamber of Commerce and Americans for Prosperity.

 

https://www.washingtonexaminer.com/policy/courts/supreme-court-rules-constitutions-ban-on-excessive-fines-applies-to-the-states

Anonymous ID: a2e7bf Feb. 20, 2019, 10:11 a.m. No.5285721   🗄️.is 🔗kun   >>6075 >>6187 >>6285

Manufacturers call for $1 trillion infrastructure bill, immigration reform, and trade deals

 

The National Association of Manufacturers called on Congress Wednesday to make a trillion dollar investment in infrastructure, ratify the U.S.-Mexico-Canada Agreement on trade, and pass immigration reform that provides citizenship for the so-called Dreamers, people illegally brought into the United States at an early age. "If you are a Dreamer, or if your friend or family member is a Dreamer, manufacturers stand with you," NAM President Jay Timmons said Wednesday in a Houston speech laying out the trade group's agenda for the coming year. "We believe in you. We need to reach a solution so that you have the confidence you deserve to build your future." Timmons called for spending to provide to repair roads and bridges and create "modernized ports and waterways, pipes, pipelines, electric grid and airports as well as the next generation communications infrastructure … Without action we are going to lose 5.8 million jobs by 2040. But with an injection of $1 trillion over time in America's infrastructure, we will create 11 million jobs."

 

Timmons called for spending to provide to repair roads and bridges and create "modernized ports and waterways, pipes, pipelines, electric grid and airports as well as the next generation communications infrastructure … Without action we are going to lose 5.8 million jobs by 2040. But with an injection of $1 trillion over time in America's infrastructure, we will create 11 million jobs." Timmons also called for Congress to quickly ratify Trump's U.S.-Mexico-Canada Agreement and for the White House to come to an agreement with China that resolves the current trade war, but also holds Beijing accountable for its more predatory practices. "China cheats, plain and simple," he said.

 

https://www.washingtonexaminer.com/policy/economy/manufacturers-call-for-1-trillion-infrastructure-bill-immigration-reform-and-trade-deals

Anonymous ID: a2e7bf Feb. 20, 2019, 10:35 a.m. No.5286075   🗄️.is 🔗kun   >>6187 >>6285

>>5285721

“The Cost of Doing Nothing: Why Investing in Our Nation’s Infrastructure Cannot Wait”

 

Background Information:

Panel 1:

The Honorable Tim Walz, Governor, State of Minnesota; on behalf of the National Governors Association TESTIMONY

https://transportation.house.gov/imo/media/doc/Walz%20Testimony.pdf

The Honorable Eric Garcetti, Mayor, City of Los Angeles, CA; on behalf of the United States Conerence of Mayors TESTIMONY

https://transportation.house.gov/imo/media/doc/Garcetti%20Testimony%20(corrected).pdf

The Honorable Ray LaHood, Co-Chair, Building America’s Future, Former Secretary, United States Department of Transportation TESTIMONY https://transportation.house.gov/imo/media/doc/LaHood%20Testimony.pdf

 

Panel 2:

Mr. Richard Anderson, President and Chief Executive Officer, Amtrak TESTIMONY https://transportation.house.gov/imo/media/doc/Anderson%20Testimony.pdf

The Honorable Eric K. Fanning, President and Chief Executive Officer, Aerospace Industries Association TESTIMONY https://transportation.house.gov/imo/media/doc/Fanning%20Testimony.pdf

Mr. Lawrence J. Krauter, Chief Executive Officer, Spokane International Airport TESTIMONY https://transportation.house.gov/imo/media/doc/Krauter%20Testimony.pdf

Ms. Angela Lee, Director, Charlotte Water; on behalf of The Water Environment Federation and The National Association of Clean Water Agencies TESTIMONY https://transportation.house.gov/imo/media/doc/Lee%20Testimony%20(corrected).pdf

Mr. Rich McArdle, President, UPS Freight; on behalf of the U.S. Chamber of Commerce TESTIMONY https://transportation.house.gov/imo/media/doc/McArdle%20Testimony.pdf

Ms. Kristin Meira, Executive Director, Pacific Northwest Waterways Association (PNWA) TESTIMONY https://transportation.house.gov/imo/media/doc/Meira%20Testimony.pdf

Mr. Larry I. Willis, President, Transportation Trades Department, AFL-CIO TESTIMONY https://transportation.house.gov/imo/media/doc/Willis%20Testimony.pdf

 

More information about the hearing, including testimony, additional background information, and live webcast, will be posted here as it becomes available.

 

https://transportation.house.gov/committee-activity/hearings/the-cost-of-doing-nothing-why-investing-in-our-nations-infrastructure-cannot-wait

 

https://transportation.house.gov/imo/media/doc/2019-02-07%20Hearing%20SSM.pdf

Anonymous ID: a2e7bf Feb. 20, 2019, 10:46 a.m. No.5286244   🗄️.is 🔗kun

House Democrats to visit Texas, New Mexico to find 'real facts' on border security

 

Four Democratic lawmakers will meet with border officials, immigrant advocacy groups, and local residents on the southern border this week as part of a fact-finding expedition to see how best to boost border security. "The only way we will know the most effective ways to invest taxpayer dollars is by working with real facts," House Homeland Security Chairman Bennie Thompson of Mississippi said in a statement. "That’s why it is crucial we see firsthand the situation on the ground at the border so we have a full and accurate understanding of our current border security operations – and how best to bolster them." Thompson said he and three other Democrats plan to examine U.S. Customs and Border Protection's immigrant processing centers, border crossings, and technology.

 

Two Democrats from the committee's subcommittee on Oversight, Management, and Accountability will travel with Thompson for their Thursday and Friday meetings at the border. One is Rep. Xochitl Torres Small of New Mexico, who chairs the subcommittee, and the other is Rep. Lauren Underwood of Illinois. A third lawmaker, Rep. Veronica Escobar of Texas, will also attend. The committee did not respond to a request for more information about the trip such as which federal and local officials they'll meet.

 

Last week, President Trump held his first campaign rally of 2019 in El Paso. Trump told supporters enhancements to the wall in the west Texas city had helped reduce crime. Rally attendees told the Washington Examiner they noticed a downturn in crime, which had already started to drop ahead of the wall's construction.

But Democrats oppose Trump's push for a border wall or even the steel slat fence he agreed to as a compromise. Late last week, Congress passed the 2019 DHS funding bill that lets Trump spend $1.375 billion on steel slat fence in the Rio Grande Valley, far short of the $5.7 billion Trump was seeking.

 

Democrats have said they can only support the use of technology to monitor the border and infrastructure improvements at ports of entry. The House Homeland Security Committee will use its February trip to make recommendations to appropriators between now and September for a bill funding the department in fiscal year 2020.

 

https://www.washingtonexaminer.com/news/house-democrats-to-visit-texas-new-mexico-to-find-real-facts-on-border-security