First, let me start out saying that you are a far better Constitutional scholar than I. But the one thing i do know is that the Constitution of the US
is open to interpretation. It is not a set of concrete rules with no room for opinions and agendas to come into play. If it was we would have no need for a Judical branch.
Also, I will remind you that I said "the use/abuse" of the constitution. No doubt that all that has been done to this guy, and to everyone after him and before him was done very carefully so as to fall within that range of constitutional interpretation. No doubt that those who drafted the Patriot Act, and many other laws prior to that, also carefully remained inside that range of interpretation.
But thats exactly it, in my opinion, this is an "abuse" of the constitution.
Vince said:
Stvn said:
All politics aside (and all liberal-bashing and/or conservative-bashing) this is just not right, and goes against the fundemental principles our country was founded upon, you must be able to see that.
Whats not right? Perhaps you should do some reading on how many times the US has suspended Writs of Habeas Corpus due to the security of the Nation's citizens and/or Constitution.
Just as you say that "civil liberties" is a catch all for liberals. The "security of the Nation's citizens" is a catch all for conservatives. No doubt you and I will never agree where one line ends and another begins. But does it not frighten you, the idea of a suspension of Writs of Habeas Corpus?
As you have shown, it falls well within the range of the Constitution, but only under extenuating circumstances.
Vince quoting the constitution said:
Article 1, Section 9 which deal with foreign invasion and/or attack which endangers the public safety and explicitly states that it's grounds for the suspension of the Writs of Habeas Corpus...
Terrorism, whose definition too is open to interpretation, can certainly be made to fall into these circumstances. But for how long? And who decides when its safe again.
This is clearly a maliable issue, and one that people will be debating for a long time to come ( assuming the Shadow Government doesn't get us all for posting on this board :wink ).
Vince said:
While you're endless rant on "whats right" is genuinly cute,
Please refrain from personal attacks or name-calling. It undermines our ability to carry on a reasonable converstation about important issues, and to be honest reduces the intelligence in your remarks.
Vince said:
it's hardly historically relevent when the nation is faced with an imminent threat - a threat that's more dangerous than any faced since that fatefull two weeks in 1962.
I am not sure i agree with you that we are "faced with an imminent" threat. Again, we are in that whole "open to interpretation" thing.
Vince said:
Infact if you actually read that constitution you so think you know -
FYI - I have read it, just not in a very long time. And as i said, you obviously are much more knowledgeable about its details than I am.
Vince said:
In this case, it's not that the government is doing something that so radical
Just because they have done it in the past, doesnt mean its okay to do now. Sure its nothing new, but that still doenst make it right (in
my opinion of course).
Vince said:
- but that our education system must be that damn bad. This is basic Constitution, oo bad people don't learn it...
Vince said:
What eduction did you get?
Seriously, barbs like this have no place here. Please show some self-restraint and maturity, you know nothing about me or my education background. This does not contribute to the conversation.
Vince said:
Due Process guaranteed? Read the Consitution if you wish to argue on the merits that guided the founding fathers to allow, in the 18th century, the suspension of these very rights when faced with invasion and/or rebellion that threatens the Republic and Constitution. I would be forced to assume that the thought of an Al-Qaeda reject with a 10kt nuclear device would scare the shit out of the founders in ways I can't even express. If they made provisions for general invasion - fuck, thats what this is.
Again, here comes that slippery slope of interpretation. I do not believe as you seem to that we are in iminent danger of a large scale nuclear terrorist strike. I actually have more faith in the Federal government and law enforcement, and believe that they can deal with things appropriately. Of course, it still could happen, but there are
alot of things that
could happen.
How long must we live under this "imminent" threat before the coast is clear and we can all go back to our normal everyday lives?
Vince said:
(1) Nobody is saying all Americans... as I tell Natoma frequently due to his wild imagination, the sad truth is that aslong as we pay our Taxes the government doesn't give a shit what he do within the constucts on the law. No, they don't want to watch you with your significant other from a Black helicopters.
This statement is just amazing to me. If nobody is saying "all Americans" then who is to choose which "Americans" get which rights and which dont? Please answer this one, i would really like to know.
Of course the government doenst care what you do within the constructs of the law. Your right, but again, who sets the boundries of those constructs? They are ever changing of course, but that doenst mean i have to feel comfortable with their current status.
Vince said:
(2) "Removal" of Civil Liberties [I hate that phrase, just how it's a catch-all for the traditional leftist phycho to use as much as possible] under certain cirmunstances (eg. Invasion, public safety do to external threat) is in the Constitution... but you can vent how much you hate that if you want to, although I doubt it....
I hope you are not calling me a "traditional leftist psycho", i am going to assume that you arent.
Again, your reasoning here is hinged upon the whole idea of an imminent threat of terrorism. I just do not believe that it is an imminent as you say.
-stvn