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	Comments on: Ruth Bader Ginsburg (1933-2020)	</title>
	<atom:link href="https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Thu, 15 Oct 2020 16:09:35 +0000</lastBuildDate>
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		<title>
		By: Frederic K Wenz		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-4/#comment-36106</link>

		<dc:creator><![CDATA[Frederic K Wenz]]></dc:creator>
		<pubDate>Thu, 15 Oct 2020 16:09:35 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36106</guid>

					<description><![CDATA[Not sure how this ever became a Question or Doubt that any County or City ordinance enacted with regard to Sex Offenders is Punitive in nature.

Every Ordinance essentially and fundamentally mirrors a punitive statute, only applicable to those convicted and SENTENCED PUNISHMENT for those &quot;Sexual&quot; crimes.

These ordinances are enacted by city or county politicians, no different than those enacted by Legislature except that &quot;Ordinances&quot; are treated as an Entity above and beyond the realm of Legislature in that they can, at whim, exceed the boundaries of the Laws they mirror and are regarded as above reproach with the guise of &quot;Civil Restraint&quot; where its Twin of Law, is by its very nature of conviction and Sentence, &quot;Punitive&quot;.

I often wondered how City or County Ordinances became more powerful than that imposed by legislature. And I seem to remember a Supreme Court case a decade ago specifically holding that No Ordinance of city or county may be lessor or greater than that specifically outline by Legislator because such ordinances would essentially over throw that which legislature holds sovereign power.

But, lets not get distracted, any ordinance that Mirrors a State or Federal Statute but decrees stricter guidelines or measures than that legislators outlined, designed and intended for punitive measures upon conviction of criminal felony charges, must serve as Punitive in respect to the punitive statute already enacted by legislators.

The fact that Politicians of a city or county rewrote and mirrored an already established law in stricter terms than that governed by conviction and sentence, does not &quot;Magically&quot; convert the law from &quot;Punitive&quot; to &quot;Restraint&quot;]]></description>
			<content:encoded><![CDATA[<p>Not sure how this ever became a Question or Doubt that any County or City ordinance enacted with regard to Sex Offenders is Punitive in nature.</p>
<p>Every Ordinance essentially and fundamentally mirrors a punitive statute, only applicable to those convicted and SENTENCED PUNISHMENT for those &#8220;Sexual&#8221; crimes.</p>
<p>These ordinances are enacted by city or county politicians, no different than those enacted by Legislature except that &#8220;Ordinances&#8221; are treated as an Entity above and beyond the realm of Legislature in that they can, at whim, exceed the boundaries of the Laws they mirror and are regarded as above reproach with the guise of &#8220;Civil Restraint&#8221; where its Twin of Law, is by its very nature of conviction and Sentence, &#8220;Punitive&#8221;.</p>
<p>I often wondered how City or County Ordinances became more powerful than that imposed by legislature. And I seem to remember a Supreme Court case a decade ago specifically holding that No Ordinance of city or county may be lessor or greater than that specifically outline by Legislator because such ordinances would essentially over throw that which legislature holds sovereign power.</p>
<p>But, lets not get distracted, any ordinance that Mirrors a State or Federal Statute but decrees stricter guidelines or measures than that legislators outlined, designed and intended for punitive measures upon conviction of criminal felony charges, must serve as Punitive in respect to the punitive statute already enacted by legislators.</p>
<p>The fact that Politicians of a city or county rewrote and mirrored an already established law in stricter terms than that governed by conviction and sentence, does not &#8220;Magically&#8221; convert the law from &#8220;Punitive&#8221; to &#8220;Restraint&#8221;</p>
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		<title>
		By: 4uuuu		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36105</link>

		<dc:creator><![CDATA[4uuuu]]></dc:creator>
		<pubDate>Sat, 26 Sep 2020 16:46:54 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36105</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36100&quot;&gt;Detroit&lt;/a&gt;.

Like it or not, I think a legal distinction can be pretty easily drawn between a &quot;communist registration&quot; type thing (which is what I assume the 50s and 60s registration cases were about) and a registry for people who have been convicted of a crime.

I have a very hard time imagining that the Earl Warren Court would have struck down sex offender registration laws, given that Earl Warren himself had created the first statewide sex offender registration law in the country when he was governor of California.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36100">Detroit</a>.</p>
<p>Like it or not, I think a legal distinction can be pretty easily drawn between a &#8220;communist registration&#8221; type thing (which is what I assume the 50s and 60s registration cases were about) and a registry for people who have been convicted of a crime.</p>
<p>I have a very hard time imagining that the Earl Warren Court would have struck down sex offender registration laws, given that Earl Warren himself had created the first statewide sex offender registration law in the country when he was governor of California.</p>
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		<title>
		By: DM		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36104</link>

		<dc:creator><![CDATA[DM]]></dc:creator>
		<pubDate>Sat, 26 Sep 2020 14:22:25 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36104</guid>

					<description><![CDATA[Here is a quote from one of Barre’s dissent...[W]hile both Wisconsin and the United States have an unquestionably strong interest in protecting the public from gun violence, they have failed to show, by either logic or data ... that disarming Kanter substantially advances that interest. On this record, holding that the ban is constitutional as applied to Kanter does not &#039;put[] the government through its paces&#039; ... but instead treats the Second Amendment as a &#039;second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.&#039;&quot;

This was on gun rights of non-violent felons. What I keyed on was “have failed to show, by either logic or data ... “ Think of the registry data that would fall under this type of logic.

Also mentioned is second class right.  Another clue to her thinking.

So’s will have no say in this confirmation but with change, comes opportunity. We can remain hopeful.]]></description>
			<content:encoded><![CDATA[<p>Here is a quote from one of Barre’s dissent&#8230;[W]hile both Wisconsin and the United States have an unquestionably strong interest in protecting the public from gun violence, they have failed to show, by either logic or data &#8230; that disarming Kanter substantially advances that interest. On this record, holding that the ban is constitutional as applied to Kanter does not &#8216;put[] the government through its paces&#8217; &#8230; but instead treats the Second Amendment as a &#8216;second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.'&#8221;</p>
<p>This was on gun rights of non-violent felons. What I keyed on was “have failed to show, by either logic or data &#8230; “ Think of the registry data that would fall under this type of logic.</p>
<p>Also mentioned is second class right.  Another clue to her thinking.</p>
<p>So’s will have no say in this confirmation but with change, comes opportunity. We can remain hopeful.</p>
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		<title>
		By: JZ		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36103</link>

		<dc:creator><![CDATA[JZ]]></dc:creator>
		<pubDate>Sat, 26 Sep 2020 01:38:22 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36103</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36102&quot;&gt;Jacob&lt;/a&gt;.

Looks like she&#039;s all but nominated according to FOXNews. Although I do think she may be a better judge than Lagoa, something in Jacob&#039;s linked article gave me pause:

&quot;In a 2018 case, by contrast, Barrett joined the two other judges on a 7th Circuit panel in rejecting the Fourth Amendment claims of three men who had been convicted of viewing and possessing child pornography..........
Writing for the unanimous panel, Barrett said &quot;we need not decide…whether the searches violated the Fourth Amendment.&quot; Even if they did, she said, &quot;the district courts did not err by declining to suppress the evidence, because the good-faith exception to the exclusionary rule applies.&quot; Even assuming the warrant was invalid, she thought, the FBI could not reasonably have been expected to realize that.&quot;

So the same FBI that knowingly presented falsified documents to obtain FISA warrants &quot;could not reasonably have been expected to realize that.&quot;

So in summary, it&#039;s okay to violate the fourth amendment rights of people implicated in &quot;sex crimes.&quot;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36102">Jacob</a>.</p>
<p>Looks like she&#8217;s all but nominated according to FOXNews. Although I do think she may be a better judge than Lagoa, something in Jacob&#8217;s linked article gave me pause:</p>
<p>&#8220;In a 2018 case, by contrast, Barrett joined the two other judges on a 7th Circuit panel in rejecting the Fourth Amendment claims of three men who had been convicted of viewing and possessing child pornography&#8230;&#8230;&#8230;.<br />
Writing for the unanimous panel, Barrett said &#8220;we need not decide…whether the searches violated the Fourth Amendment.&#8221; Even if they did, she said, &#8220;the district courts did not err by declining to suppress the evidence, because the good-faith exception to the exclusionary rule applies.&#8221; Even assuming the warrant was invalid, she thought, the FBI could not reasonably have been expected to realize that.&#8221;</p>
<p>So the same FBI that knowingly presented falsified documents to obtain FISA warrants &#8220;could not reasonably have been expected to realize that.&#8221;</p>
<p>So in summary, it&#8217;s okay to violate the fourth amendment rights of people implicated in &#8220;sex crimes.&#8221;</p>
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		<title>
		By: Jacob		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36102</link>

		<dc:creator><![CDATA[Jacob]]></dc:creator>
		<pubDate>Wed, 23 Sep 2020 10:56:31 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36102</guid>

					<description><![CDATA[Here’s how one prospect has handled criminal cases, including Failure to Register:

https://reason.com/2020/09/21/scotus-contender-amy-coney-barretts-mixed-record-in-criminal-cases/]]></description>
			<content:encoded><![CDATA[<p>Here’s how one prospect has handled criminal cases, including Failure to Register:</p>
<p><a href="https://reason.com/2020/09/21/scotus-contender-amy-coney-barretts-mixed-record-in-criminal-cases/" rel="nofollow ugc">https://reason.com/2020/09/21/scotus-contender-amy-coney-barretts-mixed-record-in-criminal-cases/</a></p>
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		<title>
		By: DavidM		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36101</link>

		<dc:creator><![CDATA[DavidM]]></dc:creator>
		<pubDate>Tue, 22 Sep 2020 12:49:25 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36101</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36100&quot;&gt;Detroit&lt;/a&gt;.

Detroit 
 You are right on. One question Kansas  and Missouri have both deemed the registry as punitive, and I don’t know how many other States but there must be others. Why is Alaska’s decision of such great weight in swaying Supreme Court decisions. Especially since Alaska with a population of 730,000  and 20% of that is native Eskimo who live on roughly 90% of the land. The state has very little to say about what and how they run there towns and villages. They can’t monitor a registry in these places anyway and they know it. So why is a decision made here the president for the other 360,000,000 population of the rest of the country.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36100">Detroit</a>.</p>
<p>Detroit<br />
 You are right on. One question Kansas  and Missouri have both deemed the registry as punitive, and I don’t know how many other States but there must be others. Why is Alaska’s decision of such great weight in swaying Supreme Court decisions. Especially since Alaska with a population of 730,000  and 20% of that is native Eskimo who live on roughly 90% of the land. The state has very little to say about what and how they run there towns and villages. They can’t monitor a registry in these places anyway and they know it. So why is a decision made here the president for the other 360,000,000 population of the rest of the country.</p>
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		<title>
		By: Detroit		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36100</link>

		<dc:creator><![CDATA[Detroit]]></dc:creator>
		<pubDate>Tue, 22 Sep 2020 02:59:05 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36100</guid>

					<description><![CDATA[Many of the constitutions Ginsberg alluded to were based on the U.S. constitution but were updated to reflect modern technology, understanding of human behavior, science and sociology.  Remember, when the U.S. constitution was written, it was an all day event just to travel 30 miles on horseback.  Computers, the internet, gps and other technological inventions have added a whole new dimension to modern governments and their relationship with their citizenry.
The concept of registration is not new.  Research the history of the McCarran International Security Act of 1950.  We were fortunate to have Truman and Eisenhower as presidents.  Both vetoed registration schemes because they understood that these schemes conflicted with the core values of our constitution.  That was great leadership on their part and the Supreme Court did respond by finding these registration schemes unconstitutional (these opinions can form the basis to find sex offender registration unconstitutional, but no one is taking the time to read these decisions let alone argue them).
GPS, the internet registry and all of the broader issues dealing with registration will take several decades to work it&#039;s way through the courts.  Consideration relating to modern technology are written into more modern constitutions.  Had gps and the internet existed at the time of this country&#039;s founding, there never would have been a sex offender registry.  Our founding fathers would have rejected this concept outright.  When Ginsburg refers to these other constitutions, she is recognizing the limitations of our own constitution.  I believe in the long run that most aspects of these registration schemes will be found unconstitutional and future generations won&#039;t have to endure what the current generation is enduring.]]></description>
			<content:encoded><![CDATA[<p>Many of the constitutions Ginsberg alluded to were based on the U.S. constitution but were updated to reflect modern technology, understanding of human behavior, science and sociology.  Remember, when the U.S. constitution was written, it was an all day event just to travel 30 miles on horseback.  Computers, the internet, gps and other technological inventions have added a whole new dimension to modern governments and their relationship with their citizenry.<br />
The concept of registration is not new.  Research the history of the McCarran International Security Act of 1950.  We were fortunate to have Truman and Eisenhower as presidents.  Both vetoed registration schemes because they understood that these schemes conflicted with the core values of our constitution.  That was great leadership on their part and the Supreme Court did respond by finding these registration schemes unconstitutional (these opinions can form the basis to find sex offender registration unconstitutional, but no one is taking the time to read these decisions let alone argue them).<br />
GPS, the internet registry and all of the broader issues dealing with registration will take several decades to work it&#8217;s way through the courts.  Consideration relating to modern technology are written into more modern constitutions.  Had gps and the internet existed at the time of this country&#8217;s founding, there never would have been a sex offender registry.  Our founding fathers would have rejected this concept outright.  When Ginsburg refers to these other constitutions, she is recognizing the limitations of our own constitution.  I believe in the long run that most aspects of these registration schemes will be found unconstitutional and future generations won&#8217;t have to endure what the current generation is enduring.</p>
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		<title>
		By: Bill		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-2/#comment-36099</link>

		<dc:creator><![CDATA[Bill]]></dc:creator>
		<pubDate>Mon, 21 Sep 2020 22:21:46 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36099</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-2/#comment-36096&quot;&gt;Jed&lt;/a&gt;.

So do the libs.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-2/#comment-36096">Jed</a>.</p>
<p>So do the libs.</p>
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		<title>
		By: Facts should matter		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36098</link>

		<dc:creator><![CDATA[Facts should matter]]></dc:creator>
		<pubDate>Mon, 21 Sep 2020 21:47:37 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36098</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36095&quot;&gt;Jacob&lt;/a&gt;.

@Jacob

In countries like Norway and Denmark, their citizen&#039;s civil rights are respected and honored about all else. They realize the inhuman and unnatural effects that violating

America is an evil and racist country with a loathsome history of hate. The framers of the U.S. Constitution were deserters and tyrants of England that unfortunately clinged to their puritanical roots. Current America society has since morphed into the same thing their ancestors left England for.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36095">Jacob</a>.</p>
<p>@Jacob</p>
<p>In countries like Norway and Denmark, their citizen&#8217;s civil rights are respected and honored about all else. They realize the inhuman and unnatural effects that violating</p>
<p>America is an evil and racist country with a loathsome history of hate. The framers of the U.S. Constitution were deserters and tyrants of England that unfortunately clinged to their puritanical roots. Current America society has since morphed into the same thing their ancestors left England for.</p>
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		<title>
		By: Facts should matter		</title>
		<link>https://floridaactioncommittee.org/ruth-bader-ginsburg-1933-2020/comment-page-3/#comment-36097</link>

		<dc:creator><![CDATA[Facts should matter]]></dc:creator>
		<pubDate>Mon, 21 Sep 2020 21:28:40 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=14097#comment-36097</guid>

					<description><![CDATA[&quot;Inescapable humiliation&quot; as a result of being subjugated to a post-conviction imposition IS punishment, not collateral consequence.]]></description>
			<content:encoded><![CDATA[<p>&#8220;Inescapable humiliation&#8221; as a result of being subjugated to a post-conviction imposition IS punishment, not collateral consequence.</p>
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