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kallend

Fascinating legal theory

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www.reuters.com/article/topNews/idUSN1925683320080219

Apparently if an administration takes any action, no matter how illegal, in SECRET, then no-one can appeal to a court to have it stopped because they can't prove (on account of the secrecy) that they have been affected by it.
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"The president is bound by the laws that Congress enacts. He may disagree with those laws, but he may not disobey them," Jameel Jaffer, director of the ACLU's National Security Project,



There's an accurate statement.

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The high court's action means that Bush will be able to disregard whatever legislative eavesdropping restrictions Congress adopts as there will be no meaningful judicial review, the ACLU attorneys said.



Unless Congress passes a law giving standing to individuals or groups.

Admittedly, people are in a catch-22. They can only sue if they know they've been wiretapped. They cannot find out if they've been wiretapped unless they sue.

I guess the President should go about changing that law. Oh, wait. Presidents don't write laws. Congress does.


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>I guess the President should go about changing that law.

What law? Are you talking about what the president (and his justice department) actually DOES, or what the law says they can do? If you are talking about the former, sorry - that's classified. Terrorism and all.

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>I guess the President should go about changing that law.

What law? Are you talking about what the president (and his justice department) actually DOES, or what the law says they can do? If you are talking about the former, sorry - that's classified. Terrorism and all.



No, I'm talking about Congress adding to Title 28 of the United States Code to make the claims justiciable.


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>I guess the President should go about changing that law.

What law? Are you talking about what the president (and his justice department) actually DOES, or what the law says they can do? If you are talking about the former, sorry - that's classified. Terrorism and all.



No, I'm talking about Congress adding to Title 28 of the United States Code to make the claims justiciable.



I'm surprised at the lack of interest in this. It goes beyond party affiliation; under this decision ANY administration, Dem or GOP or other, can violate the people's rights as long as they keep it secret whose rights are being violated.
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The only sure way to survive a canopy collision is not to have one.

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I'm surprised at the lack of interest in this. It goes beyond party affiliation; under this decision ANY administration, Dem or GOP or other, can violate the people's rights as long as they keep it secret whose rights are being violated.



Absolutely! We have seen how the Bush presidency has used the left-wing, big-government, progressive, enlightened, "mainstrean" living-document Commerce Clause jurisprudence do do shit just like this!

You think Bush is basing his wiretapping on Constitutional Amendments? Hell, no. He is basing it upon the Commerce Clause, which, thanks to the stacked courts have found that there is not an activity that anyone can do, behind closed doors, that does not have a cumulative effect on interstate commerce. Therefore, it can be regulated.

The Bush administration is a PRIME example of how the enemy can usurp your techniques and use them against you. It wasn't until FDR that the government could do the shit its doing - thanks to him threatening to stack the court.

Now, all of these procedurally dubious, yet "politically mainstream" ideas have established the procedurally dubious mechanism as valid. Thus, leading to the unchecked ability to do whatever the fuck they want.


From a post I made two years ago, here's how the left's arguments about "the living breathing Constitution" can be used (and has been used.)

***I will form these policies as acceptable under the "living, breathing Constitution."

So, "Terrorism is war declared by nationless people. Such a matter was not contemplated by our founding fathers in the Constitution. Therefore, in order to preserve this union, Bush is using powers inherent as the Commander in Chief to provide for the general welfare of the people. In that sense, martial law is warranted, considering that the protection of the American public is sancrosanct.

It used to be that Americans were expected to fend for themselves. However, considering the rise in the federal government and the vast expansions of its power pursuant to the will of the people, the COnstitution must be viewed consistent with these new societal developments.

The Commernce clause allows the government to regulate any conduct that has any effect on interstate commerce. The new law, passed via the commerce clause, ensures that anyone who utilizes public transportation routes or interstate communications equipment waives constitutional rights to warrantless searches. Thus, anyone who uses a telephone, receives mail, or even proceeds outside of their houses, waives these rights.

Therefore, considering the commerce clause jurisprudence of the last 70 years, it seems a logical extension of federal powers to do so.

So, we can see that warrantless searches are allowable under the commerce clause. The founding fathers did not consider telecommunications, and therefore we can create our own laws about it."

How 'bout them apples, brought to you courtesy of FDR and his progeny...


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It goes beyond party affiliation;



There is nothing in Speakers Corner that is beyond party affiliation for certain posters ...



Bah! Beat me to it!
Provoking a reaction isn't the same thing as saying something meaningful.
-Calvin

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It goes beyond party affiliation;



There is nothing in Speakers Corner that is beyond party affiliation for certain posters ...



Bah! Beat me to it!



So how do you feel about President Hillary Clinton having such powers as the SCOTUS has just affirmed?
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The only sure way to survive a canopy collision is not to have one.

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