A sampling of recent editorials from Colorado newspapers:
NATIONAL:
The Denver Post, Nov. 5, on government spying:
How do you prove your rights have been violated by a secret government program if the details of the program are secret?
That’s the essence of the question argued last week before the U.S. Supreme Court, which could shape how and whether citizens bring legal action against the government for privacy-rights violations in the name of national security.
The frequently mundane issue of “standing,” as it’s called, takes on a deeper significance when considered in the context of the legality of the government spying via the Foreign Intelligence Surveillance Act, expanded in 2008.
Joseph Heller, author of the classic novel “Catch-22,” could hardly have imagined a plot so absurd and canted against the civil rights of ordinary people whose emails and calls are likely being monitored by the government.
Think about it: You know the government is conducting wide-ranging, warrantless searches of communication involving at least one party on foreign soil. You suspect your communications are being captured in the dragnet, but you’re not sure. Since the information is being collected for intelligence purposes—not prosecution where it likely eventually would become public—how can you ever know?
Yet, there’s no denying that the issue of standing is one that cannot be glossed over. It means that a plaintiff must have a personal stake in the outcome of the dispute. Without such a test, the government might be overrun by lawsuits filed for ideological reasons or just for the heck of it.
As we said, it’s a Catch-22. A double bind. A no-win situation.
After arguments last Monday, court observers had mixed perceptions on how justices received the arguments. Some said the court seemed skeptical about the government’s request that the case be thrown out over standing. Others believe the case faces an uphill battle.
This case marks the first time the high court has heard a case concerning FISA, which was enacted three decades ago in an effort to set limits on government spying.
The real issue is whether there will be any meaningful judicial review of government action under this statute.
It may very well turn out that more satisfactory relief is to be gained from further congressional action.
Colorado’s U.S. Sen. Mark Udall has been raising important questions about the width and breadth of government spying. Those questions must be answered.
FISA also must be reauthorized by federal lawmakers. Before that happens, federal lawmakers must put into place stricter controls and reporting measures. Doing so without compromising national security is delicate business, but necessary.
While that may not help the litigants in the case recently argued before the court, lawmakers could—and should—put guardrails in place that would rein in the danger of a government spying program with little oversight.
Editorial:
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The Pueblo Chieftain, Nov. 5, on files kept by the Boy Scouts of America on allegations of sexual abuse:
Recent revelations that the Boy Scouts of America has amassed files on men who have been or even might be sexual predators has painted a distorted picture of this vaunted program.
As Jeffrey Berger, Southern Colorado’s top Scout executive, explained in an op-ed column in Sunday’s edition, “It is important to note that recent media reports have focused on some partial records from many years ago that were used in our application and screening process. The sole reason these files exist has been to protect youth by keeping out individuals deemed to be inappropriate leaders.”
Many of those records go back to an era when the term “sexual assault on a child” was not used in polite company. So other, softer terms, are often found in those older files.
But as Mr. Berger points out, “Those records were not intended to be a complete history of each case. The ineligible volunteer files contain names of individuals who had their registration denied because of their background.
“A person can also be placed on this listing for criminal offenses including armed robbery, drug usage, theft and a variety of other convictions. The files have demonstrated this local council’s direct action in the removal of individuals for their behavior outside of the Scouting program, as well as any instances of actions within.”
So, while some in the news media are shocked, shocked that these files exist, they represent the efforts to keep Scouting’s reputation at a top level.
The Boy Scouts, like the Girl Scouts, are an important part of young Americans’ youth experience and development. Yes, there are always lowlifes who try to invade these organizations, but we stand by the Boy Scouts of America’s efforts to protect and nurture its young charges.
Editorial:
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STATE:
Sterling Journal Advocate, Nov. 2, Colorado’s ballot questions:
Colorado voters are being asked to weigh in on three statewide ballot questions this election cycle.
The first, Amendment S, would change the state personnel system for the first time in more than 40 years. It would allow more state employees to be exempt from the system, which means the employees and their employing agency could each end the employment at any time. Exempt positions currently include most employees of the state courts, legislature and institutions of higher education, as well as department heads, members of certain boards and commissions and political appointees.
The amendment would also change testing and hiring procedures for state employees to allow additional criteria to be considered, expand hiring preferences for veterans and make changes to the terms and authority of the State Personnel Board.
After 40 years, experience with the existing system should have provided a good idea of what tweaks and updates are needed to ensure that the most qualified candidates can be hired in the most effective manner. We believe it is high time to make those changes so that Colorado continues to be served by the best, and endorse a “yes” vote on Amendment S.
The first of two ballot measures referred by petition is Amendment 64, which would make it legal for those over 21 to buy and use marijuana.
Colorado already has legalized medical marijuana for those suffering from chronic, debilitating conditions. This amendment seeks to make recreational use of the drug legal as well, and seemingly justifies that by directing the state legislature to tax pot sales, with the first $40 million earmarked for construction of public schools.
It is ironic, we think, to turn the legalization of a dangerous drug into a benefit for children. While proponents of 64 claim that regulation of marijuana sales will make it more difficult for underage users to get their hands on pot, the prevalence of underage drinking and cigarette smokers shows that regulation alone does not prevent use. We are concerned that the process of legalizing marijuana for recreational use will create the same kinds of challenges the legislature faced when voters approved medical marijuana, and perhaps worse, as it may expose Colorado businesses, residents and governments to criminal charges from the federal government.
Furthermore, we believe that our state, nation and world are facing real and difficult challenges, and that we need to be clear-headed to come up with resolutions to those problems. We therefore urge you to vote no on Amendment 64.
Amendment 65, the third ballot question, would change the state constitution as well as state law. It would tell the state’s congressional delegation to propose and support an amendment to the U.S. Constitution that allows Congress and the states to limit campaign contributions and spending, and direct the state legislature to ratify such an amendment if passed by Congress.
While we understand the thought behind this voter-referred measure — to enact limits on campaign spending — we feel it is a misplaced effort. The amendment would have no practical effect, as a state ballot measure cannot compel elected officials to vote one way or the other on any issue. We say no to Amendment 65.
Editorial:
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Loveland Reporter-Herald, Nov. 1, on emergency preparedness:
Here in Colorado we’ve enjoyed beautiful weather while people on the East Coast suffered through Hurricane Sandy and its aftermath.
But the storm provides a timely reminder that we all need to stay prepared for emergencies.
Though it’s likely Colorado will never face a hurricane, we get more than our share of blizzards, power outages, wildfires and floods.
Most people know they need to be prepared to get through a few days in an emergency, but how many of us have prepared the kits that the state’s Office of Emergency Preparedness recommends?
At readycolorado.com people can learn to build kits to get them through three days at home or at work, as well as kits for the car.
It’s important to have extra food, water and other supplies at home and at work in case access to such things is temporarily lost.
People should have 3 gallons of water each to get through three days, along with shelf-stable foods (a list of suggestions is available online).
Prescriptions, food for people with special needs, pet food, first aid supplies, flashlights and batteries, matches, a manual can opener, a water shut-off wrench and a shovel are among the other items to consider storing away.
People with pets will need to store food, water and any other supplies they need too.
A battery-powered transistor radio (remember those?) can access information if power goes out. And if there is power available a cellphone charger will help people keep their phones ready to get information.
In some emergencies, like blizzards, people may be advised to stay put, while in others, like wildfires, they need to quickly flee.
Having emergency supplies stored in a container can help keep them organized and portable, the state emergency preparedness staff advises.
Motorists also should keep food, water and other supplies in their vehicles in case they become stranded.
Winter conditions can sometimes surprise and strand drivers, but those provisions, along with salt, sand, shovels, extra winter clothing, flares and jumper cables, can help them survive until help arrives.
Today, Coloradans watch from a distance as East Coast residents deal with the devastation Sandy brought, just as they watched as our state coped with a summer of fire.
Do what you can to help them with donations, but take some time to prepare to help yourself too, just in case.
Editorial:
