DebateGate

General Category => 3DHS => Topic started by: Lanya on September 06, 2007, 11:37:36 PM

Title: Judge stikes down key part of Patriot Act
Post by: Lanya on September 06, 2007, 11:37:36 PM
September 6, 2007
Judge Strikes Down Part of Patriot Act
By THE ASSOCIATED PRESS

Filed at 8:46 p.m. ET

NEW YORK (AP) -- A federal judge struck down a key part of the USA Patriot Act on Thursday in a ruling that defended the need for judicial oversight of laws and bashed Congress for passing a law that makes possible ''far-reaching invasions of liberty.''

U.S. District Judge Victor Marrero immediately stayed the effect of his ruling, allowing the government time to appeal. Justice Department spokesman Dean Boyd said: ''We are reviewing the decision and considering our options at this time.''

The ruling handed the American Civil Liberties Union a major victory in its challenge of the post-Sept. 11 law that gave broader investigative powers to law enforcement.

The ACLU had challenged the law on behalf of an Internet service provider, complaining that the law allowed the FBI to demand records without the kind of court supervision required for other government searches. Under the law, investigators can issue so-called national security letters to entities like Internet service providers and phone companies and demand customers' phone and Internet records.

In his ruling, Marrero said much more was at stake than questions about the national security letters.

He said Congress, in the original USA Patriot Act and less so in a 2005 revision, had essentially tried to legislate how the judiciary must review challenges to the law. If done to other bills, they ultimately could all ''be styled to make the validation of the law foolproof.''

Noting that the courthouse where he resides is several blocks from the fallen World Trade Center, the judge said the Constitution was designed so that the dangers of any given moment could never justify discarding fundamental individual liberties.

He said when ''the judiciary lowers its guard on the Constitution, it opens the door to far-reaching invasions of liberty.''

Regarding the national security letters, he said, Congress crossed its boundaries so dramatically that to let the law stand might turn an innocent legislative step into ''the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values.''

He said the ruling does not mean the FBI must obtain the approval of a court prior to ordering records be turned over, but rather must justify to a court the need for secrecy if the orders will last longer than a reasonable and brief period of time.

A March government report showed that the FBI issued about 8,500 national security letter, or NSL, requests in 2000, the year prior to passage of the USA Patriot Act. By 2003, the number of requests had risen to 39,000 and to 56,000 in 2004 before falling to 47,000 in 2005. The overwhelming majority of the requests sought telephone billing records information, telephone or e-mail subscriber information or electronic communication transactional records.

The judge said that through the NSLs, the government can unmask the identity of Internet users engaged in anonymous speech in online discussions, can obtain an itemized list of all e-mails sent and received by someone and can then seek information on those communicating with the individual.

''It may even be able to discover the web sites an individual has visited and queries submitted to search engines,'' the judge said.

Marrero's lengthy judicial opinion, akin to an eighth-grade civics lesson, described why the framers of the Constitution created three separate but equal branches of government and delegated to the judiciary to say what the law is and to protect the Constitution and the rights it gives citizens.

Marrero said the constitutional barriers against governmental abuse ''may eventually collapse, with consequential diminution of the judiciary's function, and hence potential dire effects to individual freedoms.''

In that event, he said, the judiciary could become ''a mere mouthpiece of the legislature.''

Marrero had ruled in 2004, on the initial version of the Patriot Act, that the letters violate the Constitution because they amounted to unreasonable search and seizure. He found free-speech violations in the nondisclosure requirement, which for example, disallowed an Internet service provider from telling customers their records were being turned over to the government.

After he ruled, Congress revised the Patriot Act in 2005, and the 2nd U.S. Circuit Court of Appeals directed that Marrero review the law's constitutionality a second time.

http://www.nytimes.com/aponline/us/AP-Patriot-Act-Lawsuit.html?_r=1&oref=slogin&pagewanted=print
Title: Re: Judge stikes down key part of Patriot Act
Post by: BT on September 06, 2007, 11:39:23 PM
The system worked.
 Next stop court of appeals.
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 07, 2007, 01:54:06 AM
But....but....I thought Bush had installed fascist building blocks.  I mean, we're being led to believe we're T H I S close to marshall law and Nazi II          ???
Title: Re: Judge stikes down key part of Patriot Act
Post by: BT on September 07, 2007, 01:59:29 AM
didn't patriot act 2 pass under the dems watch?
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 07, 2007, 02:28:59 AM
didn't patriot act 2 pass under the dems watch?

Ummm, yep.  A point I brought up with Tee, as he persevrated over how evil Bush and Co have been, such as in brininging about the fascist patriot act
Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 07, 2007, 05:39:35 AM

But....but....I thought Bush had installed fascist building blocks.


Not saying he did or did not, but if he did, he only added to ones already put there by previous politicians.


I mean, we're being led to believe we're T H I S close to marshall law and Nazi II


We might not be "T H I S close", but we're closer than many people will admit, and that includes the Democrats because they're pushing us along just as much as the Republicans. I'm not saying we're on the verge of it, or that we'll be there necessarily soon, but, well, let's just say we're not exactly walking away from it. I've seen people (in church mind you) wearing T-shirts printed with the words "Journalist. Tree. Rope. Some assembly required." (And no, the people wearing the T-shirt were definitely not teenagers.) Then there are the growing number of SWAT teams just for bashing down residence doors for the "war on drugs". Not to mention the people getting shot and shot at in these raids.  And don't even get me started on the under-reported F.B.I. abuse of National Security Letters. And then of course there are the folks who want to ban smoking and "underage" drinking and guns, all in the name of your own good naturally. And there's the folks who want to see the government doing something about all the fat people. And do I even need to mention socialized medicine? Imagine the socialized medicine folks getting together with the folks who want the government to Do Something about obesity. Won't that be fun? And I won't even mention the whole immigration thing. Just not gonna go there. I've left out an awful lot, but you get the picture.

We might not be "T H I S close", but we are across the room (a large room, yes, but the same room nonetheless), flirting with it, and thinking that maybe just a little won't hurt. After all, we can quit anytime we want.
Title: Re: Judge stikes down key part of Patriot Act
Post by: Christians4LessGvt on September 07, 2007, 08:09:35 AM

Big surprise:
U.S. District Judge Victor Marrero nominated by William J. Clinton on May 27, 1999


(http://i202.photobucket.com/albums/aa56/USA2008/Mugs_ACLU_AlQaeda-1.jpg)
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 07, 2007, 11:18:54 AM
But....but....I thought Bush had installed fascist building blocks.

Not saying he did or did not, but if he did, he only added to ones already put there by previous politicians.

Kinda torpedos the notion then that this Fascist movement is being steered by Bush now, doesn't it



I mean, we're being led to believe we're T H I S close to marshall law and Nazi II

We might not be "T H I S close", but we're closer than many people will admit, and that includes the Democrats because they're pushing us along just as much as the Republicans.

And yet, I'm still able to do anything I wanted before Bush took office.  Go figure


I'm not saying we're on the verge of it, or that we'll be there necessarily soon, but, well, let's just say we're not exactly walking away from it. I've seen people (in church mind you) wearing T-shirts printed with the words "Journalist. Tree. Rope. Some assembly required." (And no, the people wearing the T-shirt were definitely not teenagers.)

So, you have a problem with the 1st amendment?



Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 08, 2007, 11:32:00 AM

And yet, I'm still able to do anything I wanted before Bush took office.  Go figure


Well, as long as you're okay...


Quote
I've seen people (in church mind you) wearing T-shirts printed with the words "Journalist. Tree. Rope. Some assembly required." (And no, the people wearing the T-shirt were definitely not teenagers.)

So, you have a problem with the 1st amendment?


No, but quite obviously the people wearing the T-shirts do.
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 08, 2007, 12:24:59 PM
And yet, I'm still able to do anything I wanted before Bush took office.  Go figure

Well, as long as you're okay...

Why, are you not?  Am I special, getting special treatment I'm not aware of??


So, you have a problem with the 1st amendment?

No, but quite obviously the people wearing the T-shirts do.

Ummm, 1st amendment works both ways Prince.  But you know that.  Wearing a provocative shirt isn't silencing the 1st amendment rights of Journalists.  The 1st amendment provides the same rights to those who wish to be critical of journalists, especially when so many have already made up their minds regarding certain political positions, and skew their "reporting" in that direction
Title: Re: Judge stikes down key part of Patriot Act
Post by: Lanya on September 08, 2007, 01:25:33 PM
So it would be OK with you if you saw adults wearing t-shirts that said, "Bush supporters. Tree. Rope. Some assembly required." ?
Title: Re: Judge stikes down key part of Patriot Act
Post by: BT on September 08, 2007, 01:29:56 PM
Quote
So it would be OK with you if you saw adults wearing t-shirts that said, "Bush supporters. Tree. Rope. Some assembly required." ?

I'm OK with freedom of speech. You?
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 08, 2007, 02:05:09 PM
So it would be OK with you if you saw adults wearing t-shirts that said, "Bush supporters. Tree. Rope. Some assembly required." ?

Umm, yea.  It's called the 1st amendment Lanya.  I realize how you have a problem with certain people exercising their freedom of speech (the ones that happen to run counter to your ideology).  And BTW, I've seen and heard of shirts MUCH worse
Title: Re: Judge stikes down key part of Patriot Act
Post by: Mr_Perceptive on September 08, 2007, 02:23:51 PM
Quote
So it would be OK with you if you saw adults wearing t-shirts that said, "Bush supporters. Tree. Rope. Some assembly required." ?

I'm OK with freedom of speech. You?


Good point. And I would support the right of these people to wear them. Tacky, though, but certainly their right.

I had a grandson wanted to wear a Bob Marley shirt. Told him that was his right unless he was in my company and then I remake the First Amendment.
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 08, 2007, 03:15:00 PM
It's going to be intriguing watching the follow-up silence from Lanya, having foiled yet another irrational preconceived notion she has of the right, and how it's supposed to act          8)
Title: Re: Judge stikes down key part of Patriot Act
Post by: Lanya on September 08, 2007, 06:52:35 PM
I'm OK with it. I've said before, I want to know who these people are so I can stay away from them.
Both sets of t-shirt wearers, I mean.
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 08, 2007, 07:52:03 PM
I'm OK with it.  

So, why would you think I wouldn't be??  The way you aked it made it quite transparent how terribly wrong it must be.....to me or likeminds


Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 08, 2007, 10:49:51 PM

Ummm, 1st amendment works both ways Prince.  But you know that.  Wearing a provocative shirt isn't silencing the 1st amendment rights of Journalists.  The 1st amendment provides the same rights to those who wish to be critical of journalists, especially when so many have already made up their minds regarding certain political positions, and skew their "reporting" in that direction


I'm not arguing that the people wearing the T-shirts should be censored or that the wearing of the T-shirts silences journalists. The point was the message of the T-shirts. The point is not to criticize people for being critical of journalists. The point is that there are people who, in point of fact, do want to censor journalists. I've seen in this very forum the suggestion that certain journalists should be tried for treason, not because the journalists were actually engaged in treason, but because the journalists were doing their jobs and some people were offended.

If fascism happens in this country, it won't be forced on us by the government. If it happens, it will happen because the people will have demanded the government make it happen. We will have no one to blame but ourselves.
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 09, 2007, 01:45:35 AM
Ummm, 1st amendment works both ways Prince.  But you know that.  Wearing a provocative shirt isn't silencing the 1st amendment rights of Journalists.  The 1st amendment provides the same rights to those who wish to be critical of journalists, especially when so many have already made up their minds regarding certain political positions, and skew their "reporting" in that direction

I'm not arguing that the people wearing the T-shirts should be censored or that the wearing of the T-shirts silences journalists. The point was the message of the T-shirts. The point is not to criticize people for being critical of journalists. The point is that there are people who, in point of fact, do want to censor journalists.


"Wanting" & "Doing" are 2 vastly different things.  I want to start for the LA Dodgers.  I have some Dodgers t-shirts even.  There have been a myriad of shirts & slogans that have implied far worse things, not just for Bush but for supporters of Bush.  I know you don't advocate violence, but the shirts do imply a "want".  And as I said, when you consider how biased the media & journalists can be against Bush, Conservatives, and "the right", I'm not so unsympathetic of the mindset of those wearing the shirt.  Not that I'd support the notion, but at least I can grasp the frustration they must have.  The "point" is that it's still someone's free speech to wear said shirt.


I've seen in this very forum the suggestion that certain journalists should be tried for treason, not because the journalists were actually engaged in treason, but because the journalists were doing their jobs and some people were offended.

Strange, in most of those cases of consideration, the acts of those journalists were borderline treasonous, by "doing their job", just not as objectively as they perhaps should have.  Yet the press continues full force, so the notion that there's this pressing censoship of the press, is falling on deaf ears


If fascism happens in this country, it won't be forced on us by the government. If it happens, it will happen because the people will have demanded the government make it happen. We will have no one to blame but ourselves.

It won't, because we live in a democracy, and people like me, won't stand for such a governmental body of oppression.  There are those however who would advocate exponentially greater demand for Government intervention, in every walk of one's life.  But that's just considered "activist Government".  I just pray we have enough votes to stem that tide
Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 09, 2007, 04:49:21 AM

"Wanting" & "Doing" are 2 vastly different things.  I want to start for the LA Dodgers.


That is not the same thing as as expressing a desire to censor (or kill) journalists, and you know it.


The "point" is that it's still someone's free speech to wear said shirt.


No one here ever said wearing the T-shirts was not free speech. The point, as I said, is that there are people who do want to censor journalists. Meaning, in the context of this discussion, that they want a little piece of fascism even if they would deny wanting the whole thing. But that little piece added to all the other little pieces that other people want would add up to the whole of fascism.



Strange, in most of those cases of consideration, the acts of those journalists were borderline treasonous, by "doing their job", just not as objectively as they perhaps should have.  Yet the press continues full force, so the notion that there's this pressing censoship of the press, is falling on deaf ears


You're not getting it. I did not say there was a censorship of the press. I said there are people who want it. And there are a lot of people who want it, apparently, not just a few. And while there is a difference between wanting and doing, desire also generally precedes action. And calling for journalists to be tried for treason is specifically an expression of a desire for action, not some golly gee wish to play for a professional sports team, a wish that you know you'll never pursue.


Quote
If fascism happens in this country, it won't be forced on us by the government. If it happens, it will happen because the people will have demanded the government make it happen. We will have no one to blame but ourselves.

It won't, because we live in a democracy, and people like me, won't stand for such a governmental body of oppression.


I think perhaps you will if you convince yourself it is necessary for security. That we live in a democratic republic is not proof against fascism. As I said, if it happens, it will happen because the people will have demanded the government make it happen. We will elect the leaders that will do it. We will use lobbyists and special interest groups to persuade politicians to act in such a manner. And we'll be convinced it will be necessary for security and the wellbeing of the people. After all, the Constitution is not a suicide pact. After all, the government has a right and a duty to protect the people. After all, the government has a responsibility to do something. After all, we are at war. After all, it's for your own good.

If it happens, it will happen because we will have talked ourselves into believing we need it. We won't call it fascism, of course. We'll call it socially responsible government. We'll call it a strong defense against enemies foreign and domestic. We'll call it protecting the children. And if we're really clever, we'll convince ourselves that those who end up punished by that fascism were just suffering the rightful consequences of their actions. We'll call it personal responsibility. We'll put lipstick, a wig, a dress and matching shoes on the pig, but it'll be fascism just the same.
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 09, 2007, 05:04:56 PM

"Wanting" & "Doing" are 2 vastly different things. 

That is not the same thing as as expressing a desire to censor (or kill) journalists, and you know it.....No one here ever said wearing the T-shirts was not free speech. The point, as I said, is that there are people who do want to censor journalists. Meaning, in the context of this discussion, that they want a little piece of fascism even if they would deny wanting the whole thing. But that little piece added to all the other little pieces that other people want would add up to the whole of fascism....I did not say there was a censorship of the press. I said there are people who want it. And there are a lot of people who want it, apparently, not just a few. And while there is a difference between wanting and doing, desire also generally precedes action. And calling for journalists to be tried for treason is specifically an expression of a desire for action, not some golly gee wish to play for a professional sports team, a wish that you know you'll never pursue....I think perhaps you will if you convince yourself it is necessary for security. That we live in a democratic republic is not proof against fascism. As I said, if it happens, it will happen because the people will have demanded the government make it happen.

And you help make my point by failing to understand that despite goals of being more secure, more safe from terrorist attacks upon our populace, our Constitution is what makes this country the envy of so many, our Bill of Rights, the envy of so many, our 1st amendment the cornerstone to that parchment so many of us have come to embrace.  YES, I want to rid this world of terrorists, YES, I want the Federal Government to exercise their PRIMARY function of protecting this country, within the parameters that the Constitution allows for, yet fascism will not take over, because too many folks like myself will demand that it doesn't, based on that parchment.  Again, your real beef are with those who'd want an "activist" government bent on controlling every aspect of our lives, and maybe throw a little $ towards national defense/security, if there is any left after taxes
Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 09, 2007, 09:59:09 PM

And you help make my point by failing to understand that despite goals of being more secure, more safe from terrorist attacks upon our populace, our Constitution is what makes this country the envy of so many, our Bill of Rights, the envy of so many, our 1st amendment the cornerstone to that parchment so many of us have come to embrace.


So are you on record then as being against National Security Letters, since they are most definitely not in the Constitution? Do you at least agree with the decision of the judge?

      From The Boston Globe (http://www.boston.com/news/nation/washington/articles/2007/09/07/judge_rules_against_fbi_data_gathering_tool/):

In his 103-page ruling, Marrero said the Patriot Act provision on National Security Letters violates both "the First Amendment and the principle of separation of powers" because it gags recipients of the subpoenas and doesn't provide adequate court oversight.

"In light of the seriousness of the potential intrusion into the individual's personal affairs and the significant possibility of a chilling effect on speech and association - particularly of expression that is critical of the government or its policies - a compelling need exists to ensure that the use of National Security Letters is subject to the safeguards of public accountability, checks and balances, and separation of powers that our Constitution prescribes," wrote Marrero, an appointee of President Clinton.
      

Or do you agree with (so-called) ChristiansUnited4LessGvt, who apparently thinks the decision is akin to helping Al-Qaeda?

      From Reply #6 (http://debategate.com/new3dhs/index.php?topic=3849.msg34754#msg34754):

Big surprise:
U.S. District Judge Victor Marrero nominated by William J. Clinton on May 27, 1999


(http://i202.photobucket.com/albums/aa56/USA2008/Mugs_ACLU_AlQaeda-1.jpg)
      

I have to say, I think you're more likely to agree with ChristiansUnited4LessGvt than with the judge. And I seem to recall you being okay with the government holding people indefinitely without charging them or bringing them to trial. But I could be wrong. I hope I am.


YES, I want to rid this world of terrorists, YES, I want the Federal Government to exercise their PRIMARY function of protecting this country, within the parameters that the Constitution allows for, yet fascism will not take over, because too many folks like myself will demand that it doesn't, based on that parchment.


I want to ask if that is a joke, because it seems like one. You mean the same kind of folks who demanded the end of the New Deal? The same kind of folks who think President Lincoln was a not a good man because he did things like throwing dissenters in jail? The kind of people who do not want a wall and thousands of armed military personnel along our southern border? I just have a hard time believing that folks are going to stop the progress toward fascism in the name of the Constitution. If they even care, most will, I am sorry to predict, use the Constitution as their excuse. Kinda like you saying that federal government's primary function is to protect this country. The folks who will object, they will be called the unrealistic fringe. They will be told they have unworkable, ivory tower ideas that cannot be used in the real world. They will be told, eventually, to support national unity or shut up because objecting will be aiding the enemy or will be anti-social or some such. Comparisons will be made to World War II and someone like Michelle Malkin will praise Japanese internment camps again, and people will believe that we're all still free and upholding the Constitution and acting in the best interests of the nation.


Again, your real beef are with those who'd want an "activist" government bent on controlling every aspect of our lives, and maybe throw a little $ towards national defense/security, if there is any left after taxes


Only in part. I also have a beef with those for whom national security is a sort of catch-all excuse that makes things like National Security Letters perfectly constitutional. I have a beef with those who think reporting that the federal government is listening to electronic communications of terrorists is treasonous. (As if somehow the terrorists are too dumb to expect that in the first place.) I have a beef with people who think Cory (http://www.reason.com/news/show/36869.html) Maye (http://www.reason.com/blog/show/117554.html) should be in jail. The progress toward fascism will not be made only by the political left or the political right. Both will make the small steps that will gradually lead there. And we will convince ourselves that those steps are necessary and good, just as we have with the steps taken to date. And those that one side or the other doesn't like will become like Social Security and the war in Iraq, untouchable for reasons of political expediency. Sure, the politicians will dabble around the edges, but the core will remain. And even if the conflict in Iraq should come to an end, the Democrats have a proven track record of finding new military conflicts. So the progress will continue on its gradual way.

I'm not saying this is absolutely inevitable. But when I watch candidates for President practically giggle at a man like Ron Paul, I have to say, that does not allay my cynicism in the least. Many people, probably a vast majority, want things that fascism promises to provide, like national unity, strong national security, government taking responsibility for society. And eventually, bit by bit, we seem to be convincing ourselves that it is really not that bad, that we can have it and our freedom too, that we can eat our cake and keep it too.
Title: Re: Judge stikes down key part of Patriot Act
Post by: Michael Tee on September 09, 2007, 10:26:57 PM
Just a quick note to reply to sirs' idiotic "But I thought we were THIS CLOSE to a fascist state."  I've said many times that you're closer than you've ever been.  I never put the blame on Bush 100%, but I said he moved the country much closer to fascism than any other President I can think of.

"This close" is NOT the same as "being there."  You have a ways to go, but the President reserving unto himself the right to define "torture" combined with the widespread torture and abuse of prisoners, the expansion of the Patriot Act and the wiretaps of citizens, the incommunicado detention without trial and probable torture of a U.S. citizen (Jose Padilla) here in the U.S.A., the targeted assassination of U.S. citizens abroad (the guy in Yemen killed by a drone aircraft,) rendiition (begun under Clinton) and secret torture chambers around the world and the Presidential usurpation of the Congressional right to declare war (which I admit Bush didn't invent) are all in place, most of it since Sept. 11, 2001 on Bush's watch.

My bet is that in another six years, you'll be that much further along on the road, and then another six and another.  Bush has had almost two full terms to reverse the trend to fascism and instead he has accelerated it.

Just to straighten sirs out a tiny bit, Bush is evil mainly because he lied the country into a war and oversaw the tortures inflicted on helpless prisoners, as well as initiated procedures of detention without charges or trial, something straight out of a fascist state and still continuing as we speak.  The process towards fascism in Amerika did not begin with Bush, but he has certainly moved it further ahead than any other President.
Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 09, 2007, 11:42:07 PM

The process towards fascism in Amerika did not begin with Bush, but he has certainly moved it further ahead than any other President.


I don't agree. I don't believe he has done more; I think we're just more aware of it. Both legislative and executive branches seem to have been more blatant about it, since September 11, 2001. Because of that, I think we've had more media coverage of it. For example, National Security Letters have been around for decades, but only recently, seems to me, are we really getting much coverage in the media of how they are used and who uses them. And how they are abused. But then, very few people seem to care about that.
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 10, 2007, 01:36:01 AM
..Just to straighten sirs out a tiny bit, Bush is evil mainly because he lied the country into a war...

Well, since that again has been demonstrated to be the lie it's always been, so much for the rest of the crud


Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 10, 2007, 01:49:03 AM
So are you on record then as being against National Security Letters, since they are most definitely not in the Constitution? Do you at least agree with the decision of the judge?...Or do you agree with (so-called) ChristiansUnited4LessGvt, who apparently thinks the decision is akin to helping Al-Qaeda?  I have to say, I think you're more likely to agree with ChristiansUnited4LessGvt than with the judge. And I seem to recall you being okay with the government holding people indefinitely without charging them or bringing them to trial. But I could be wrong. I hope I am.

A) I still don't understand what is being meant as "National Security Letters", and B) yes, I support taking enemy combatants off the battle field and holding them indefinately, just as has been done in every other war


YES, I want to rid this world of terrorists, YES, I want the Federal Government to exercise their PRIMARY function of protecting this country, within the parameters that the Constitution allows for, yet fascism will not take over, because too many folks like myself will demand that it doesn't, based on that parchment.

I want to ask if that is a joke, because it seems like one. You mean the same kind of folks who demanded the end of the New Deal? The same kind of folks who think President Lincoln was a not a good man because he did things like throwing dissenters in jail? The kind of people who do not want a wall and thousands of armed military personnel along our southern border? I just have a hard time believing that folks are going to stop the progress toward fascism in the name of the Constitution.

Well, I can't help you there, and no it's no joke.  My support for the Constitution & Bill of Rights, AS WAS INTENDED by our Founders is unshakable.  Security at the cost of Freedom is......Iraq under Saddam.  So, no it's not going to happen here, at least not from the right side of the ideological spectrum.  I can't vouuch for the left however, considering all the end arounds, when not trampling right over the Constitution is being done in the name of an "activist government" however


If they even care, most will, I am sorry to predict, use the Constitution as their excuse. Kinda like you saying that federal government's primary function is to protect this country.

It's not??  Then what is their primary function, pray tell??


I'm not saying this is absolutely inevitable. But when I watch candidates for President practically giggle at a man like Ron Paul, I have to say, that does not allay my cynicism in the least. Many people, probably a vast majority, want things that fascism promises to provide, like national unity, strong national security, government taking responsibility for society. And eventually, bit by bit, we seem to be convincing ourselves that it is really not that bad, that we can have it and our freedom too, that we can eat our cake and keep it too.

Well, those would be the folks we'd BOTH be opposing then, Prince
Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 10, 2007, 06:02:08 AM

A) I still don't understand what is being meant as "National Security Letters",


Okay. Here: http://en.wikipedia.org/wiki/National_security_letters


and B) yes, I support taking enemy combatants off the battle field and holding them indefinately, just as has been done in every other war


In other wars they were granted prisoner of war status. So what is being done now, whether or not the current "enemy combatants" should be considered "prisoners of war", is not just as has been done in every other war. So your position does not stand up to even a first glance scrutiny.

And by my understanding, if they are not prisoners of war, then they should be charged accordingly and given as fair a trial as is humanly possible. If they are terrorists and we have the evidence to prove it then we have zero reason not to follow that course. If we do not have enough evidence to prove they are terrorists then we have no grounds on which to keep them incarcerated.


My support for the Constitution & Bill of Rights, AS WAS INTENDED by our Founders is unshakable.


Is it? As I recall, you're the fellow who claims the Bill of Rights applies only to citizens of the U.S. I have yet to see any evidence that was the intent of the people who wrote it. Seems to me the Bill of Rights applies to the government, meaning its actions are restricted regarding more than merely U.S. citizens. The language of the Bill of Rights makes this, imo, quite clear, indicating a definite intent on the part of the people who wrote it.


So, no it's not going to happen here, at least not from the right side of the ideological spectrum.  I can't vouuch for the left however, considering all the end arounds, when not trampling right over the Constitution is being done in the name of an "activist government" however


Not like those folks from the right who want to try journalists for treason and to ignore the Fourth Amendment when it suits them? Yeah, nothing to worry about there.


Quote
Kinda like you saying that federal government's primary function is to protect this country.

It's not??  Then what is their primary function, pray tell??


To protect the rights of the people. If it was to protect the country, a military government would have been established, not a democratic republic with specific limits on the government (a.k.a. the Bill of Rights).
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 10, 2007, 01:20:06 PM
yes, I support taking enemy combatants off the battle field and holding them indefinately, just as has been done in every other war


In other wars they were granted prisoner of war status. So what is being done now, whether or not the current "enemy combatants" should be considered "prisoners of war", is not just as has been done in every other war. So your position does not stand up to even a first glance scrutiny.

Of course it does, since these POW's fail to meet the Geneva convention definition of POW's, since they fail to both be uniformed nor adhere to any form of the Geneva Convention themselves.  Yet since they still are prisoners taken in a time of war, they are indeed enemy combatants, nit just some thugs of a local gang, taking pot shots at the police


My support for the Constitution & Bill of Rights, AS WAS INTENDED by our Founders is unshakable.

Is it? As I recall, you're the fellow who claims the Bill of Rights applies only to citizens of the U.S.

Ummm, because it DOES.  You care to cite me the provisions within the Constitution that demonstrate how it is to apply to every person on this globe?  Or better yet, the provision that demonstrates how the U.S.'s Constitution trumps any other country's piece of Government control.  Acknowledging that our American Constitution is specific to Americans does not equate to me not supporting it.    oy


Seems to me the Bill of Rights applies to the government, meaning its actions are restricted regarding more than merely U.S. citizens.  The language of the Bill of Rights makes this, imo, quite clear, indicating a definite intent on the part of the people who wrote it.

By all means, show me where



So, no it's not going to happen here, at least not from the right side of the ideological spectrum.  I can't vouuch for the left however, considering all the end arounds, when not trampling right over the Constitution is being done in the name of an "activist government" however

Not like those folks from the right who want to try journalists for treason and to ignore the Fourth Amendment when it suits them? Yeah, nothing to worry about there.

Good, glad we're on the same boat then, since you're obviously referencing a fringe faction



Quote
Kinda like you saying that federal government's primary function is to protect this country.

It's not??  Then what is their primary function, pray tell??


To protect the rights of the people. If it was to protect the country, a military government would have been established, not a democratic republic with specific limits on the government (a.k.a. the Bill of Rights).

The "Rights of the People" amount to nothing if it can't be protected, Prince.  It doesn't require a military Government to do that, it requires what we already have, a Constitution that spells out precisly the functions AND limitations of the Government are.  In order for the Fed to "protect the rights of the people" requires a very good defense.  What the hell do you think we went to war with Germany & Japan for??  Why did we even have a Revolutionary or Civil war??  We frequently go to war (via the military) to "protect the rights of the people".  If we hadn't, we may all be speaking Japanese right now, or still under the rule of Great Britain, or even still have slavery
Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 10, 2007, 05:21:48 PM

Quote
In other wars they were granted prisoner of war status. So what is being done now, whether or not the current "enemy combatants" should be considered "prisoners of war", is not just as has been done in every other war. So your position does not stand up to even a first glance scrutiny.

Of course it does, since these POW's fail to meet the Geneva convention definition of POW's, since they fail to both be uniformed nor adhere to any form of the Geneva Convention themselves.  Yet since they still are prisoners taken in a time of war, they are indeed enemy combatants, nit just some thugs of a local gang, taking pot shots at the police


I did not say they were not enemy combatants. Let's try this again. In other wars they were granted prisoner of war status. So what is being done now, whether or not the current "enemy combatants" should be considered "prisoners of war", is not just as has been done in every other war. So your position, in point of fact, does not stand up to even a first glance scrutiny.


You care to cite me the provisions within the Constitution that demonstrate how it is to apply to every person on this globe?  Or better yet, the provision that demonstrates how the U.S.'s Constitution trumps any other country's piece of Government control.


Why would I do that? Why would I bother supporting claims I never made? I don't see how that would be fruitful in the least.


Acknowledging that our American Constitution is specific to Americans does not equate to me not supporting it.


Perhaps, but that does make me question your understanding of it.


Quote
Seems to me the Bill of Rights applies to the government, meaning its actions are restricted regarding more than merely U.S. citizens.  The language of the Bill of Rights makes this, imo, quite clear, indicating a definite intent on the part of the people who wrote it.

By all means, show me where


Well, there is not a single clause in the Bill of Rights that says "this is for U.S. citizens only" or some variation thereof. That's for starters.

The Preamble to the Bill of Rights says, "The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution." Notice in there the word "restrictive". Does the Bill of Rights restrict the people or the government?

The First Amendment says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Notice there that the language of the amendment is clearly placing a restriction on Congress.

The Second Amendment says, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Notice that last part, "shall not be infringed." By whom shall it not be infringed? The federal government, obviously.

Do I need to keep going?


Quote
Not like those folks from the right who want to try journalists for treason and to ignore the Fourth Amendment when it suits them? Yeah, nothing to worry about there.

Good, glad we're on the same boat then, since you're obviously referencing a fringe faction


I wish I were.


The "Rights of the People" amount to nothing if it can't be protected, Prince.  It doesn't require a military Government to do that, it requires what we already have, a Constitution that spells out precisly the functions AND limitations of the Government are.


Okay, I'm going to repeat myself again, because clearly you didn't quite get it the first time. The primary (please note that there is no use of the word "only") function of the federal government is to protect the rights of the people. If it was to protect the country, a military government would have been established, not a democratic republic with specific limits on the government (a.k.a. the Bill of Rights).


In order for the Fed to "protect the rights of the people" requires a very good defense.  What the hell do you think we went to war with Germany & Japan for??  Why did we even have a Revolutionary or Civil war??  We frequently go to war (via the military) to "protect the rights of the people".  If we hadn't, we may all be speaking Japanese right now, or still under the rule of Great Britain, or even still have slavery


No one said there was no legitimate reason for having a military defense. And no, we did not require a war to end slavery. And I think we went to war with Germany and Japan in World War II because our President at the time really wanted America to go to war, not because he was vehemently anti-fascist (which I don't think he was, but that is another issue for another time). Anyway, I did not say there was no reason to have a national defense. What I said was that the primary function of government is to protect the rights of the people. Having a national defense does indeed help accomplish that, but having a national defense is not, nor should it be, the primary function.

But you have helped to illustrate a problem with the relationship between the people the government that is another factor in the progress toward fascism. The U.S. almost as a whole has stopped considering the protection of rights as the primary function of government. This is not a recent development either. The U.S. has come to believe the government exists to protect us all from harm. With that as a guiding principle, we will guide ourselves gradually into fascism. We won't call it fascism, of course, but it will be fascism anyway.
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 10, 2007, 05:39:10 PM
I did not say they were not enemy combatants. Let's try this again. In other wars they were granted prisoner of war status.[/color

No, they were not.  POW status, as outlined in the Geneva convention as I recall, regards such a prisoner as one uniformed, representative of a particular government...THUS the term enemy combants and NOT POW's in this case.  They are however prisoners taken during a war, and as such can and SHOULD be held indefinately, just as prisoners in prior wars were.



So what is being done now, whether or not the current "enemy combatants" should be considered "prisoners of war", is not just as has been done in every other war. So your position, in point of fact, does not stand up to even a first glance scrutiny.

Asked and answered already, Prince



You care to cite me the provisions within the Constitution that demonstrate how it is to apply to every person on this globe?  Or better yet, the provision that demonstrates how the U.S.'s Constitution trumps any other country's piece of Government control.

Why would I do that? Why would I bother supporting claims I never made?

Because you're the one implying how our Constitution apparently reaches out globally.  That's why.  Something about how your questioning me in citing that the American Constitution is speciific to Americans.  Ball in your court


Acknowledging that our American Constitution is specific to Americans does not equate to me not supporting it.

Perhaps, but that does make me question your understanding of it.

Which again prompts the query, where in the Constitution does it apply to all other citizens of any other country. 



Quote
Seems to me the Bill of Rights applies to the government, meaning its actions are restricted regarding more than merely U.S. citizens.  The language of the Bill of Rights makes this, imo, quite clear, indicating a definite intent on the part of the people who wrote it.

By all means, show me where

Well, there is not a single clause in the Bill of Rights that says "this is for U.S. citizens only" or some variation thereof. That's for starters. The Preamble to the Bill of Rights says, "The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution." Notice in there the word "restrictive". Does the Bill of Rights restrict the people or the government? The First Amendment says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Notice there that the language of the amendment is clearly placing a restriction on Congress. The Second Amendment says, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Notice that last part, "shall not be infringed." By whom shall it not be infringed? The federal government, obviously. Do I need to keep going?

Yes, since you're trying to answer the question with a negative.  You appear to be referencing that because our U.S. constitution doesn't specifically state only U.S. citizens, then that means it must apply to everyone.  Can't be assumed in any way the logic of the U.S. Constitution being specific to U.S. citizens.  Naaaa, it's a "living document", free to be reinterpreted on the fly, as we see fit.      :-\



The "Rights of the People" amount to nothing if it can't be protected, Prince.  It doesn't require a military Government to do that, it requires what we already have, a Constitution that spells out precisly the functions AND limitations of the Government are.

Okay, I'm going to repeat myself again, because clearly you didn't quite get it the first time. The primary (please note that there no use of the word "only") function of the federal government is to protect the rights of the people. If it was to protect the country, a military government would have been established, not a democratic republic with specific limits on the government (a.k.a. the Bill of Rights).

And you can NOT protect the "Rights of the People" withOUT protecting this country.  According to you, other wars were apparently unecessary, since the Fed needed to focus their attention on "protecting the rights of the people" rather than protecting the country.  Chicken <--> egg kinda thing
Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 11, 2007, 12:09:30 AM

Quote
In other wars they were granted prisoner of war status.

No, they were not.  POW status, as outlined in the Geneva convention as I recall, regards such a prisoner as one uniformed, representative of a particular government...THUS the term enemy combants and NOT POW's in this case.


Uh, yeah, like I said, in previous wars they were prisoners of war, and in the current conflict they are not. Hence the conclusion that they are not being treated just as has been done in every other war.


Because you're the one implying how our Constitution apparently reaches out globally.  That's why.  Something about how your questioning me in citing that the American Constitution is speciific to Americans.  Ball in your court


I said not a single word about the U.S. Constitution having a global reach. I said the U.S. Constitution applies to the U.S. government. Ball in your court.


Which again prompts the query, where in the Constitution does it apply to all other citizens of any other country.


Let's clear this up right now. I have no intention of supporting a claim about the U.S. Constitution applying to "all other citizens of any other country" because I have not made and do not intend to ever make that claim. Neither do I expect to play Devil's Advocate with such a claim. So in summation, I have zero reason to answer your question and therefore have zero intention of doing so. Let's move on.


You appear to be referencing that because our U.S. constitution doesn't specifically state only U.S. citizens, then that means it must apply to everyone.  Can't be assumed in any way the logic of the U.S. Constitution being specific to U.S. citizens.  Naaaa, it's a "living document", free to be reinterpreted on the fly, as we see fit.


No, that is not what I said. Not even close. Sigh. Okay, what I said was that the U.S. Constitution applies to the U.S. government. Not to everyone, not to all people everywhere, but to the U.S. government. And I am not reinterpreting the U.S. Constitution. I am using the plain and clear language of the document itself. As BT might say, I am taking it as meaning what it says and saying what it means. The language of the document certainly seems clear enough on this point. It defines and restricts the powers of the U.S. government. It therefore applies to the U.S. government. And the conclusion I make is that since the people who wrote Constitution, including the Bill of Rights, used that language, they therefore intended the Constitution, including the Bill of Rights, to be a document that applies to the U.S. government. This is not rocket science. This is basic reading comprehension.


And you can NOT protect the "Rights of the People" withOUT protecting this country.


Okay, I'm going to repeat myself yet again, because clearly you didn't quite get it the first time or the second time. The primary (please note that I did not say "only") function of the federal government is to protect the rights of the people. If it was to protect the country, a military government would have been established, not a democratic republic with specific limits on the government (a.k.a. the Bill of Rights). And I did not say there was no reason to have a national defense. What I said was that the primary (please note that I did not say "only") function of government is to protect the rights of the people. Having a national defense does indeed help accomplish that, but having a national defense is not, nor should it be, the primary function.


According to you, other wars were apparently unecessary, since the Fed needed to focus their attention on "protecting the rights of the people" rather than protecting the country.


No, that is not what I said. If you can't even get what I said correct, when it's there right in front of you for you to read as you type your reply, why should I think you understand the original intent of the U.S. Constitution?
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 11, 2007, 01:07:55 AM
Actually, I got it both the 1st & 2nd times, but apparently you haven't yet accepted the concept that your theories falls flat with,
a) the notion we're in an old fashion war with old fashion labels that must be adhered to
b) the notion that the Government's primary roll is simply to "protect people's rights"
and in repeat response;
A) We have a new type of enemy on a global battle field, that require new tactics in order to deal with them.  They still are enemy combatants taken off the battlefield indefinately, just as prisoners in previous wars were.  But since they are not representative of any government, follow any form of uniformed military code, and follow zip adherence to any Geneva Convention statutes, by definition doesn't give them POW status, per the Geneva Convention
B) People's rights in this country can NOT be protected without protecting the country 1st.  Rights under our Constitution mean squat if we're being occupied by another nation.  It doesn't get any simpler than than, no mttaer how much you try
Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 11, 2007, 04:52:25 AM

Actually, I got it both the 1st & 2nd times,


You say that, and then you proceed to prove that statement wrong.


but apparently you haven't yet accepted the concept that your theories falls flat with,
a) the notion we're in an old fashion war with old fashion labels that must be adhered to


Please feel free to point out where I said anything like that. I'm pretty sure I did not.


b) the notion that the Government's primary roll is simply to "protect people's rights"


You say that falls flat, but so far, you haven't said anything to indicate that it is not so.


and in repeat response;
A) We have a new type of enemy on a global battle field, that require new tactics in order to deal with them.


I don't recall anyone saying otherwise in this thread. Did you? I know I didn't. So the question then is, to whom are you responding. Can't be me.


They still are enemy combatants taken off the battlefield indefinately, just as prisoners in previous wars were.  But since they are not representative of any government, follow any form of uniformed military code, and follow zip adherence to any Geneva Convention statutes, by definition doesn't give them POW status, per the Geneva Convention


Again, not something anyone contradicted in this thread. The point, as I recall, is that precisely because they don't have prisoner of war status, the enemy combatants are not being treated "just as has been done in every other war". No one is arguing that they should be prisoners of war. Only that because they are not, they are not being treated as prisoners of war. And frankly, I cannot figure out why you would dispute this. The truly puzzling part though is that you keep constructing your reply around something that we agree on, that they are not prisoners of war. It's almost as if you're saying I'm wrong because you agree with me. I feel like I've stumbled into a argument constructed for fun by Terry Gilliam.


B) People's rights in this country can NOT be protected without protecting the country 1st.  Rights under our Constitution mean squat if we're being occupied by another nation.  It doesn't get any simpler than than, no mttaer how much you try


No one is saying that the country should not be protected. (Hm. There seems to be a theme here.) And as I said, at least twice already, having a national defense does indeed help accomplish the protection of the rights of the people. But being defended from attack is worthless if we lose our liberty in the name of security. What you're missing is that we can actually both protect our rights and protect the nation. You're also missing that the best and most legitimate reason to protect the nation is to protect the rights of the people who live here. Protecting the nation should serve the protection of the rights of the people. Thus leaving protection of the rights of the people as the primary function of the government.

All in all, I have to conclude, you, in fact, did not get it the first, second, third and possibly fourth time. And I'm not holding out hope that this time will be any different. You're responding to someone passionately it seems, but not to me. Because you've made counter arguments almost entirely to things I haven't said.

I've patiently repeated my comments several times now, adding emphasis and explanations each time to help you understand. But this conversation has reached a dead end, quite obviously. Buh-bye.
Title: Re: Judge stikes down key part of Patriot Act
Post by: Amianthus on September 11, 2007, 08:34:24 AM
Uh, yeah, like I said, in previous wars they were prisoners of war, and in the current conflict they are not. Hence the conclusion that they are not being treated just as has been done in every other war.

In previous wars, combatants that were not wearing the proper uniform (or were not wearing a uniform at all) were arrested and held as spies, not prisoners of war. Spying during wartime carries a death penalty.
Title: Re: Judge stikes down key part of Patriot Act
Post by: sirs on September 11, 2007, 11:01:57 AM
Quote
No one is saying that the country should not be protected. (Hm. There seems to be a theme here.) And as I said, at least twice already, having a national defense does indeed help accomplish the protection of the rights of the people. But being defended from attack is worthless if we lose our liberty in the name of security. What you're missing is that we can actually both protect our rights and protect the nation

A point that I could swear I never disagreed with.  In fact I emphasized such by demonstrating that without protecting the nation, protecting one's rights becomes meaningless if we're all being ruled by another nation    oy   Somehow you're under the continued false assumption I'm choosing 1 over the other.  How wrong you could be   ::)
Title: Re: Judge stikes down key part of Patriot Act
Post by: Mr_Perceptive on September 11, 2007, 01:09:14 PM
Uh, yeah, like I said, in previous wars they were prisoners of war, and in the current conflict they are not. Hence the conclusion that they are not being treated just as has been done in every other war.

In previous wars, combatants that were not wearing the proper uniform (or were not wearing a uniform at all) were arrested and held as spies, not prisoners of war. Spying during wartime carries a death penalty.

This is correct. I have interdicted several in my career and treated them little better than dogs. Men in another country's uniform are worthy adversaries as they are just doing what they are told. Spies are useful, but, personally, I think a man stands toe to toe with his afversary, as much as possible anyway in this 21st century of warfare. Slinking around is not my style and I do not respect it.
Title: Re: Judge stikes down key part of Patriot Act
Post by: Universe Prince on September 11, 2007, 05:36:54 PM

In previous wars, combatants that were not wearing the proper uniform (or were not wearing a uniform at all) were arrested and held as spies, not prisoners of war. Spying during wartime carries a death penalty.


True enough. But even arrested spies would get some sort of trial, if I recall correctly.