harben a washington d.c. and here's what's coming up tonight on the big picture members of indiana supreme court are planning to scrap the fourth amendment you know the one that protects people from unlawful entry or searches inside your home so if the high court gets their way ok the people who is your state trust me well in south carolina the little financial assistance to unemployed residents is about to be slashed from twenty six weeks of benefits to only twenty weeks so this is fair for

a state that has about ten percent unemployment higher than the national average and more light is shed on the secret lives of banks details on how they made billions wrongfully kicking people out of foreclosed homes. the idea of a supreme court is working around the clock to undo the fourth amendment of the constitution last week the high court ruled that police can now enter someone's home without a warrant and without probable cause and in doing so people of that state do not have the right to keep police officers from arresting them without cause on and in their own property a case of him focused on a man who shoved a police officer who walked into his phone without a warrant and without his consent the man was then stung gun and arrested the court

ruled three to two that the officers acted appropriately and it didn't violate before the mend. the fourth amendment of course explicitly says that we have the right to be secure in our homes unless a warrant is issued based on sworn testimony that we're committing a crime representing the majority opinion just and steven david who was appointed by to the core by republican governor mitch daniels wrote we believe a right to resist and off whole police entry into a home is against public policy and is incompatible with a modern fourth amendment jurisprudence and a dissenting opinion just as bob walker appointed by democratic governor frank o'bannon in ninety nine wrote the physical entry of the home is the chief evil against which the wording of the fourth amendment is directed it is breathtaking that the majority deems that appropriate or even necessary to erode this constitutional protection so why are all of a sudden judges adding up our rights to privacy in our own what's going on here here to discuss this issue is cliff schecter progressive p.r.

strategist and author of the book the real mccain conservatives don't trust him and why independents shouldn't cliff welcome back to the program thanks so much time how are you i am great i hope you're well the fourth amendment of the united states constitution is one sentence it says the right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures will not be by a lated and no warrant schill issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized and other words you can't enter someone's house without a warrant and you can't get a warrant to somebody swears you're committing a crime what am i missing here. currently a whole lot that's going on in indiana look i'm sitting here in columbus ohio and i think we're touring indiana i was going to hire you you know of course what's going on in michigan where at a theme get the governor you know appropriate for literally a town to fall into receivership and elected officials that when they decide it's

time to kick the elected officials out i mean i think across the midwest which is obviously a swing region one that that a half in can go either way in an election in n.z. called pretty moderate overall we had these extremely right wing legislatures elected in two thousand and ten right wing supreme court justices in this case in this state especially governors and it's almost like they've gone through their wish list. here in ohio that you know if they mean they can't acquit guns in bars and to assault a woman's right to choose they actually literally set up this as a horse and pony show really have to radically in a fetus come in and testify so you know we're going right now i mean this is this is the kind of stuff going on obviously every knows what's going on in wisconsin with what they're going to use the same thing here in ohio so this is part of a greater role is this indiana supreme court decision just another example of right wing g. bush will activism in the midwest. it actually is i mean it's hysterical you know

it's classic right wing that they always yell and excuse the other side of what it is they're really going to give or want to know what the right really thinks about what they're really doing this is what they accuse you about during impeachment when newt gingrich went after bill clinton for having an affair and we of course all found out what was going on there that's one of out of bounds and example so here you know to say it's the same thing make use the left you know on one course of judicial activism of these guys on the right you know there's a study i just saw on that on the federal supreme court because i think four of the five most conservative justices sitting justice since one thousand thirty seven in the state it's the same pinning the judicial activism going on the right he's got most these guys are really political figures dressed up in ropes and we're looking and let's let's remember that those that that lock in court the pre nine hundred thirty six one hundred thirty seven court was the court the struck down child labor laws that struck down a minimum wage was struck down the fifty hour work week is being unconstitutional

will i'm assuming that this case in indiana is going to go to the united states supreme court and then we'll be in front of these with the five yale beacon for scalia and thomas so we were surely could outcome and in. you know i hope look at what's happened we've all seen this happen nationally in this country with guantanamo but with the warrantless wiretaps and in our civil liberties have been eroded eroded our last ten years almost in a constant pace and in those cases they've at least you know and i don't say at least as in i believe it but it had as you know has justification that it's now as some of you and national security and most of the time i don't believe for a second it does but at least it hasn't been on the state level what they're doing now and even had the justification now they're running it through many more people now not longer a lot of people just went out for terrorism it's now anyway and i just i think you're just going to see that this is again this is the conservative wishless this we're seeing what they've always dreamt to do. wing going on the stage with right

wing governors right wing legislators right wing judges right wing attorney general and they're going to overreach or at least they're going to they're out of pay for it i hope you're right cliff i mean it this is really you know first they came for the unions and now they're coming to your home kind of moment here cliff thanks so much for being with us tonight thanks as always. in his dissent in this case just as bob rocker quoted william pitt british prime minister during the eighteenth century who famously said this was about british law the poorest man may in his cottage be defiance to all the photos of the crown it may be frail its roof may shake the wind may blow through it the stormy outer the rain re-enter but the king of england cannot enter all his forest dares not cross the threshold of the ruined tenement. unfortunately today we're regressing slowly but surely courts around the nation are rolling back our rights in this case our right to privacy in our own

homes at the same time courts are handing over more and more rights to giant corporations and to misbehaving police officers so how do the courts particularly the supreme court where this case will ultimately be decided get all these powers that's actually a fascinating story and it goes back to eighteen zero three actually is seven hundred eighty nine when the constitution was ratified the constitution makes no reference none whatsoever to the supreme court having the power to strike down laws that were passed by congress and signed by the president they did not have that power they did not exercise that power until after the third presidents face thomas jefferson was in the third year of his presidency one thousand and three a case called marbury vs madison and john marshall who was the head the chief justice of the supreme court and thomas jefferson's second cousin and chief political enemy in the marbury vs madison case took onto himself said we the court have decided that we can strike down laws prior to that if the president was

constitutionally could we do it if the legislature and then what the president did was constitutional they get override it and this is how thomas jefferson president of the united states responded to that case he said if this opinion piece then indeed is our constitution i'll complete payload is say legally a suicide is latin for leases or for intending to establish three departments coordinate and independent that they might check and balance one another and if this decision has given according to this opinion to one of them alone that would be to go to the supreme court the right to prescribe rules for the government of the others and to that one too which is unelected by an independent of the nation now another was the supreme court has this power and they're not even like that by anybody. if you're going to give it to one of the three branches of government at least you know one that's close to the people he continued the constitution on this a pop this is as a mere thing a wax in the hands of the sherry which they may twist and shape in any form they

please it should be remembered as an axiom of eternal truth in politics that whatever power in any government is independent as in an answerable is absolute also in theory only and first of all the spirit of the people is up but in practice as fast as that relaxes independents can be trusted nowhere but with the people in mass they are inherently independent of moral law of the words jefferson is saying here this is just so wrong at the supreme court would take this power and away from the institutions elected by the people the presidency and the congress if you want to say my construction because intuition is very different from what you quote it is that each department is truly independent of the others and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action and especially where it is to act ultimately and with the appeal which is what the supreme court does it acts ultimately without appeal and

frankly if we roll back a supreme court decision we should start with no three marbury decision and take from the court this incredible power on the other hand given that the court is holding this power it's really important starting in two thousand and twelve as the core source of change we have a democrat in the white house. it's time for a daily poll your chance to tell us what you think here's today's question what banks are only go to jail nowadays if he tries to rape a hotel maid your choices are yes now he has to be done to hold the bankers accountable or no they'll start throwing bankers in jail for fraud like reagan did with the s n l s so far every one of us voted yes tragically log on to tom harkin dot com tell us what you think the polls. up until tomorrow morning.

crazy alert crazy alert watermelon mine fields acres of watermelon fields in eastern china have a rapid spewing watermelon and that's as far and wide in the hopes of making extra money for their watermelons farmers spray their crops of growth chemicals unfortunately most of applied too much because of the melons to grow and grow and grow until it finally exploded over one hundred fifty acres a watermelons of self detonated one farmer told a local television station couldn't sleep terrorized by dreams of exploding watermelons and for those of you think who think we don't have to use this chemical but we don't use this chemical it causes for it to explode in america think again the growth chemical known as for core ten year on is also legal in the us so the next time you bring home a watermelon we wear a spontaneous combustion. coming up it's anything but a vacation for the unemployed people south carolina why their fight to make ends meet is about to get even the hard.

fought. for. for. you know sometimes you see a story and it seems so silly you think you understand it and then you glimpse something else here see some other part of it and realized everything you saw you don't i'm sorry this is the.

republicans in south carolina they light latest gang to screw over the unemployed following in the footsteps of florida michigan and missouri south carolina is on the verge of cutting unemployment benefits from twenty six weeks to just twenty weeks early south carolina has an unemployment rate in bordering on ten percent which turns this from an act of politics into an act of good talent and this really is nothing new when it comes to republican state lawmakers in ohio governor john casey has been targeting public employee unions chopping up education funds and shortchanging single moms by cutting child health programs all in the name of deficit reduction just signed a thirteen million dollar contract with a casino group to figure out how to maximize gaming revenues in the state that's right and shut the door of working families that swung out wide open for the gamma gambling lobby and in indiana besides torching the fourth amendment governor mitch daniels is taking poor women out at the knees by borrowing state medicaid funds and

going to planned parenthood meanwhile all across the nation is the working class suffers banks theories are enjoying their bailouts and bonuses with a historically low tax rate oil barons are swimming in their billion dollar tax subsidies and health insurance companies are just as profitable as ever screwing over sixty people but that's how right wingers balance budgets nowadays target the most vulnerable people who are also least likely to make campaign contributions so how do we put an end to this and force lawmakers to stand up for the working. america again here to offer their takes on this issue melissa boteach campaign manager of the half in ten campaign at the center for american progress and dr lawrence michel congressman president of economic policy institute welcome to you both thanks for having her tail yeah ok. this is since when did go into after the most vulnerable in american society become the american way well the sad

thing is it's not just going after the most vulnerable it's going after the working class it's going after the middle class the budget that the republicans have proposed is essentially offering additional tax breaks for millionaires while cutting things like low income home energy assistance child care subsidies and health insurance it's a doctor or a show or larry i think this you know frankly started with reagan you know american politics i've always been about kid somebody around and reagan started this whole thing with his other welfare queen story you know the new york times spent six months trying to fact check it so you know it shows that one woman who shows up at her cadillac you know but you know the implication was class and very solidly a story. they never found the person but this is been going on for a while i first have to comment on south carolina you know that is. a state with one of the highest unemployment rates one of the other states with the highest unemployment rates as michigan in fact has got pretty much the same thing and how

silly is it to deny people unemployment benefits because it has two effects one it obviously helps those who are unemployed and unemployable long time but also we keep spending in the economy and creates jobs for everybody else and congressional budget office has rated unemployment benefits the single biggest job creator brain you're in every session so we don't know that start that was there was my second question. i just i just is are are we doing this backwards but also and the whole reason we have unemployment is because of the worship of laissez faire economics right so you really have people who believe that market fundamentalism the regulating the financial sector creating a financial crisis is the deepest not employment since the one nine hundred thirty s. then benefiting from it politically at the state level of the federal level and then actually go ratcheting up there any ology even more and yes it has happened but actually i think it goes back to jimmy carter where he gave in and cut capital

gains taxes started industry deregulation. would you know when maggie thatcher got like yeah well as the saying and it's been going on a long time and so we actually have an economy right now where the rich do very well and corporations doing well even though we have nine percent unemployment corporate profits are twenty one percent higher than they were before the recession and c.e.o.'s are pickup or they're all of their wages and meanwhile employee compensation in a private sector still six percent down in terms of. it almost seems cyclical your goal is to cut property in half in four years and you can you see me sometimes yeah . here's where i get the four years from lyndon johnson co poverty in half the united states in about four years. actually there was about six months i was really got about half of the great society i mean. which has been you know was unraveled by a series of presidents including bill clinton who ended welfare as we know it. what

do we do where we start how do we do this so happen time is based on a report which lays out a pathway to cut poverty in half in ten years and one of the things it shows is that we actually know how to do this this isn't rocket science the model that if you raise the minimum wage to its historic level of half the average wage to make the tax code work for working families by handing the earned income tax credit child tax credit if you make child care fully vailable as a work support for those who need it you are to cut poverty by twenty six percent over the next ten years and so this is something that we know how to do and what happened ten is about is building the political and public will to do it and that's why this budget fight is so important for us it definitely is a new gingrich said the president obama's the most successful food stamp president in history. you know setting aside again i think fairly obvious racial implications of. isn't it isn't kind of bizarre that they're going after food

stamps and like you mentioned in the mid ninety's we really have that welfare as we know it if you're going to lose income because you lose your job there's only a few things available to you not everybody can get qualifies for unemployment benefits the many low income workers but of the only really universally available support is food stamps so the reason we have a lot of people with food stamps is because we have a lot of people in any one six america and that is because of the recession that newt gingrich is philosophy actually caused and in fact. food stamps c.p.o. said unemployment benefits is a great one for creating jobs get spending out there writing or go right along with it is food stamps so if he doesn't like people be on food stamps he you know we should say you know you should be on food stamps you have to tough it out of america you're on you're out of a job you know just starting back into accepting anything day is out there there's

not even a job openings you know there for everyone of what worker and for every job opening there is roughly five out applied workers so where are they supposed to do you know it's maybe we have about twenty seconds if you want to make a point i know space is going to say that you know medicaid if you'd stamps that. if you programs that we have laughed at are countercyclical that when the economy turns sour people are able to get the help they need at the same time help stabilize the economy by injecting demand those are the programs that are under threat right now and so it's not only about low income people it's about all of us because these are the programs that help the economy and it's and it's probably not these guys are evil or that they're trying to crash the economy for obama it's because they bought into this religion this bizarre religion of iran well i think they're morally indifferent to the well being of those people who have less and i think it's a confrontation to their own religious beliefs that they don't really examine thank you very. motion very easy here i think appreciate it.

unfortunately until the unemployed get lobbyists or rise up in mass like the bonus army did occupy the white house lawn in one hundred thirty two but keep getting hit by republicans on the other hand nobody has a more powerful lobby than the banks toure's and shows there's even more evidence now that american banks should be in jail department of housing and urban development just wrapped up an investigation into the nation's five largest mortgage companies bank of america j.p. morgan chase wells fargo citigroup and ally financial but the agency found is that these banks routinely lie about how much the foreclosed homes were worth and they were getting reimbursed for those loans by the government a practice new generated huge profits for the banks play swindling taxpayers and this is just the latest report to uncover crimes by bankers it was discovered earlier this year that banks made as much as thirty billion dollars with illegal foreclosure practices kicking people out of their homes about deserve to be all of

these reports been handed over their part of justice so far however nothing has been done to hold the bankers accountable and other banks tears in their lobbyists are trying to blow up new wall street reform laws and consumer protections created in the aftermath of the bush two thousand and eight financial meltdown. we're going to weigh with us for more i'm joined by kathleen day's folks person for the center for words for responsible lending kathleen welcome thank you for having me great to have you here with us in fairness some of it began on clinton's watch to oh yeah. i will be the very first to say i think that dwight eisenhower was a more progressive president he's the one who said beware the military industrial complex and nine hundred fifty two his campaign slogan was vote for us and our vote for peace in the korean war but anyway that's a whole other topic another report just a few weeks ago came out showing that these bankers were paying for. senator levin's. report. are the banks toure's of this is about goldman sachs or the

banks or is the new untouchables are they are they so how so economically powerful will they become politically powerful memories not completely don't forget they are the they donate more money than any other industry in consider this and the run up to this meltdown this economic catastrophe the financial services industry lobby was there political donations eclipse these five industries combined transportation agribusiness health care defense they say defense transportation energy combined so it is it is just a base pairs carry a big it's financial services and so what you what you realize is that people are listening to that because it's the money i don't understand why the rest of corporate america isn't it furious with them because they are taking away a lot of money that could be go into caught to savings retirement other productive goods and services so there's just they have really hurt the economy and the reason they're still being listened to is because of the money that they get well in part

. there's a hypothesis for it in part the rest of corporate america said you know two trillion dollars in unused cash so they don't need so much the banks and in part a lot of the rest of corporate america is becoming the banks g.e. has started its own bank in fact they've got to bail out if there's a lot of bad. history is complicated and actually goes back to beginning of the united states the controversy over it but what's happening now that's really so they're not but they're not they're not they we did get a good financial package in through congress and despite their money despite the lobbying despite the protests but what's happening now is they're trying to unravel it and the house subcommittee just voted to to do that now obviously it's not going to go anywhere because in this congress but maybe they wouldn't have been quite so free with their votes if they'd known that it could go somewhere but number less it was basically a vote for the policies that got us into this crisis which really it's it's crazy

people don't if they forget if you have after you see insurance if you have federal deposit insurance that has me joe taxpayer or joseph joe taxpayer on the line and the regulatory agencies are there pierce is a key market mechanism it needs depositors' are indifferent about what the health of the bank is whether it's corrupt or whether it's doing bad things they don't care they're going to get their money back up to a certain point to compensate for that there's a regulatory system that's supposed to be there as a proxy for you and me taxpayers to sit there and make sure banks are gambling with our money and the regulators for their job and they became cheerleaders rather than regulators so what's amazing to me is people say oh you know we got to deregulate deregulate by we'd have to really to really get rid of the bailouts you also have to get rid of too big to fail and depository insurance that's not going to happen so let's have some common sense rules i don't even think it was deregulation that got us here it was failure to enforce the rules on the books and that's because

lawmakers and regulators washed their heads they drank the kool-aid. so now the attempts to roll back the good good legislation that's there you know there were the republicans in the house are you seeking to try to put the fact of the matter is in order for the for the new financial protection agency to operate. it has to get funding and it has to get this is this is how it always happens that i have the power to just cut him off of me you know because i would have to go through both chambers and i don't think that would happen. is the thought is what about if you came along with the original legislation now they have to then have to be dead has to be figured out and has to they could disable it but right now whatever any time a group in the united states in the financial services industry doesn't want to be regulated they hand you kept they try to handicap the regulator and they do it two ways they make the process of getting it in a bill very cumbersome so in this case they're trying to say let's not have one person let's get five let's have a commission where we can get one in pink let's get five and so the industry is

thinking we'll have a greater chance of being able to influence over this the other thing they do is let's make the funding for the supposedly independent overseer let's make it part of the annual appropriations so that it becomes a political football and we can attach all kinds of riders to it that said this is what happened with the freddie macand fannie mae they didn't like the regulator so they handicap it this is classic financial services has been going on for decades i think you know where i don't think so because i think a lot of people like to believe that people are in the end more rational than they sometimes are saying and i think a lot of people are speaking very forcefully against all of these legislators rationally as much as they want to box for their next real action but i think they may be saying some things that if they knew that their vote was actually that there stood a chance for this day actually go through i wonder if they would be quite so bold for example the let's let's privatized freddie and fannie freddie and fannie were problem they need to be changed but i think people are just saying blanket that's private as they know right now that would roll the markets if they thought it was

a possibility it would really happen they would temper what they're saying well you know i hope you're right i think they're betting this is not rocket science everyone knows what happened there was you know this was the parents giving the keys to the kids and saying it here's a case of beer drive drunk. this isn't red tape this is a very well said kid. well thanks so much for dropping by i think it's great or it seems like the only way bankers go to jail nowadays is if they also try to rape a hotel maid when will we once again start throwing bankers in jail for fraud and fraud alone like reagan did with over a thousand of us and all bankers. coming up asthma inhalers decked out in faith puzzle games to show how healthy coal is crazy as this sounds these innovative ideas are bringing awareness of the effects coal companies have on children so. far.