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#214163 - 17/12/2005 13:31 Re: The Patriot Act in action [Re: ]
tonyc
carpal tunnel

Registered: 27/06/1999
Posts: 7058
Loc: Pittsburgh, PA
Quote:
Quote:
I don't understand why the legality of the Patriot Act hasn't been tested in court. Doesn't it violate the Constitution and nothing trumps the Constitution except for an ammendment to it?


Just look at the second amendment. It's been infringed for 70 years. Ironically, many people who are against the Patriot Act are for violating the 2nd amendment to the Constitution.


*Your interpretation* of the 2nd amendment has been "infringed on" for 70 years. Unless you were present at the signing of the Constitution, or are currently sitting as a judge on one of America's courts, your interpretation is no more or less valid than anyone else's.

The "infringement" you speak of is what supreme court justices call "rulings," and "rulings" become "precedents." In the 70 years you speak of, we've had courts on the left, right, and center of any issue you can think of,who have all decided that "a well regulated militia" does not constitute unfettered access to any and all firearms. The very loose restrictions that are in place over gun ownership in this country represent the very least we can do to keep guns out of the hands of criminals. The arsenal that one can currently accumulate with almost no red tape, with gun show loopholes, internet ordering, etc. is astounding, and has only expanded under the current political regime. I think the NRA's current work is trying to allow minors to use the BFG-3000 for deer hunting, because that's about all that's left of gun control.

Not that this tangent has anything to do with the PATRIOT act... The fact that you had to bring up gun control in this discussion shows that you're "out of ammo."
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- Tony C
my empeg stuff

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#214164 - 17/12/2005 13:53 Re: The Patriot Act in action [Re: SE_Sport_Driver]
tonyc
carpal tunnel

Registered: 27/06/1999
Posts: 7058
Loc: Pittsburgh, PA
Quote:
On December 31st, the "wall" that forbids the CIA from sharing information with the FBI (which could have prevented 9/11) goes back into effect.


There isn't much debate about most of the PATRIOT act, and certainly no appreciable debate over the issue of whether FBI and CIA should have a "wall" between them. We now have a national intelligence director (Negroponte) whose sole job is to make sure all of our intelligence agencies share information. Even if the PATRIOT act is not renewed, Negroponte doesn't go away, and the FBI and CIA don't suddenly stop sharing information.

Even still, there's no legitimate threat of the PATRIOT act not being renewed in some form or another. The only debate is over the three more controversial provisions, some of which can definitely be used improperly. And, when you've got a President who authorized warrantless spying of any American who talks to anyone overseas, you have to make sure there's no wiggle room, because they will definitely wiggle, under the guise of "protecting Americans."

Look, I definitely want my Government spying on the "bad guys." With proper oversight, I even want them spying on Americans who interact with potential "bad guys." But it's not even like the President took this oversight (FISA) away, he just plain went around it. All that was needed was Alberto Gonzales spending ten minutes in front of a rubber stamp court to obtain a warrant, but that was too much oversight. That's where legitimate protection of Americans ends and the erosion of civil liberties begins.
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#214165 - 17/12/2005 15:07 Re: The Patriot Act in action [Re: tonyc]
mlord
carpal tunnel

Registered: 29/08/2000
Posts: 14496
Loc: Canada
Quote:
That's where legitimate protection of Americans ends and the erosion of civil liberties begins.


Yeah. It's now about on par with the West's view of the former Soviet Union. Arrest and indefinite detention without trial, lawyer, or even a phone call. Secret prisons, illegal kidnappings and extraditions happening in various countries. Fictional propaganda used to invade and occupy an innocent country.

We're getting nervous up here, because we know who's next after the middle east is completely destroyed.

Help..

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#214166 - 17/12/2005 16:22 Re: The Patriot Act in action [Re: mlord]
rob
carpal tunnel

Registered: 21/05/1999
Posts: 5335
Loc: Cambridge UK
Quote:
We're getting nervous up here, because we know who's next after the middle east is completely destroyed.

I'd assumed the ban on carrying lighters onto aircraft destined to the US was a precautionary measure inspired by Canada...

Rob

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#214167 - 17/12/2005 19:32 Re: The Patriot Act in action [Re: mlord]
DWallach
carpal tunnel

Registered: 30/04/2000
Posts: 3810
Quote:
We're getting nervous up here, because we know who's next after the middle east is completely destroyed.

Much as I'm the first to blame Canada at every possible moment (e.g., overweight people in the U.S.? Blame Canada for poutine, a veritable heart attack on a plate and clearly just waiting to invade our country), I think Canada has a few countries ahead of it on the "who's next" parade.

- Cuba (at some point, Fidel's going to bite it, and things will get ugly)

- Venezuela (once they start accusing Chavez of planning imminent attacks...)

- Mexico (they've already built the Great Wall)

- Nigeria (so long as we're listing oil-rich countries with dubious governments...)

On the other hand, I'm wondering just how egregious North Korea's behavior needs to get before the Bush people would actually do something about it.

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#214168 - 17/12/2005 22:34 Re: The Patriot Act in action [Re: tonyc]
Anonymous
Unregistered


Quote:
The "infringement" you speak of is what supreme court justices call "rulings," and "rulings" become "precedents." In the 70 years you speak of, we've had courts on the left, right, and center of any issue you can think of,who have all decided that "a well regulated militia" does not constitute unfettered access to any and all firearms.


No, the infringments I speak of are Federal laws. The 1934 National Firearms Act was passed into law just like the Patriot Act. The 1934 act was ruled unconstitional in the 1930's when someone was arrested for owning a shotgun with a barrel shorter than 18 inches. The feds appealed, the case went to the supreme court, and the ruling was overturned when the defendant (a small town hillbilly who didn't have enough money for his lawyer any longer) did not show up.

Quote:
In the 70 years you speak of, we've had courts on the left, right, and center of any issue you can think of,who have all decided that "a well regulated militia" does not constitute unfettered access to any and all firearms.


Ironically, the Fed's case in 1939 in front of the Supreme Court was that the short-barrelled shotgun was not a military weapon and therefore was not protected by the second amendment.

Quote:
*Your interpretation* of the 2nd amendment has been "infringed on" for 70 years. Unless you were present at the signing of the Constitution, or are currently sitting as a judge on one of America's courts, your interpretation is no more or less valid than anyone else's.


Last time I checked, translating plain english into english was pretty easy. But I suppose Bush's "interpretation" of the Bill of Rights is no more valid than yours..

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#214169 - 17/12/2005 22:57 Re: The Patriot Act in action [Re: DWallach]
tman
carpal tunnel

Registered: 24/12/2001
Posts: 5528
Quote:
Blame Canada for poutine, a veritable heart attack on a plate

Travel up North in the UK and you'll find stuff worse than Poutine. Deep fried pizza for one. You get a small frozen pizza, dip it in batter and then deep fry it. They also deep fry Mars bars as well. Not sure whether there is anything that they've not tried frying...

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#214170 - 17/12/2005 23:02 Re: The Patriot Act in action - UPDATE [Re: SE_Sport_Driver]
tanstaafl.
carpal tunnel

Registered: 08/07/1999
Posts: 5549
Loc: Ajijic, Mexico
Quote:
Personally, I've heard of plenty of cases where it has been successful (and I assume there are plenty more we'll never hear about for 30 years) and very few cases of someone seriously wronged.


Please tell me about those successes. I'm sure the 600 or so people being indefinitely detained at Guantanamo without being charged with a crime, without access to any legal representation will be greatly relieved to find out that our government is taking care of us.

Guantanamo is just one of many illegal detention centers. There are thousands of people all over the world being similarly incarcerated and tortured.

How many people have actually been found guilty and convicted of terrorist acts under the ministrations of the US Secret Police (oh, excuse me, Homeland Security)? And of that number, how many were really significant threats as opposed to being run through a rubber-stamp "legal" procedure in order to boost Bush's credibility?


Quote:
I have more respect for the guys that opposed either the Patriot Act or the war in Iraq from the beginning


Well, at least we agree on something. I was against this whole adventure from the beginning. The day the Patriot Act was passed was when I started telling people, "Well, Osama won." The earliest of my posts on this bbs I could find with a quick search will support my claim to wartime opposition.

As for Bush's war on Iraq... why the hell didn't he attack Costa Rica instead? They have a much smaller army, the war would have been incomparably easier from a logistical point of view, and Costa Rica had just as much to do with the events of 9/11 as Iraq did.

Oh, and Brad -- please do not feel that I am attacking you. I have respect for you and your willingness to express your opinions when you know full well that you will take a lot of heat for it. I respect you -- just not your politics!

tanstaafl.
_________________________
"There Ain't No Such Thing As A Free Lunch"

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#214171 - 17/12/2005 23:36 Re: The Patriot Act in action - UPDATE [Re: tanstaafl.]
Anonymous
Unregistered


Quote:
I'm sure the 600 or so people being indefinitely detained at Guantanamo without being charged with a crime, without access to any legal representation will be greatly relieved to find out that our government is taking care of us.



Doug, with all due respect, the Constitution exists to protect Americans, not foreigners who are captured in war.

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#214172 - 18/12/2005 01:54 Re: The Patriot Act in action [Re: tonyc]
ninti
old hand

Registered: 28/12/2001
Posts: 868
Loc: Los Angeles
Quote:
And, when you've got a President who authorized warrantless spying of any American who talks to anyone overseas


And today he admitted it, while actually having the gall to blast the press for reporting the fact that he is breaking the law:

Quote:
our enemies have learned information they should not have, and the unauthorized disclosure of this effort damages our national security and puts our citizens at risk. Revealing classified information is illegal, alerts our enemies, and endangers our country.


You mean like leaking the identity of CIA operatives? Funny, I thought the job of the press is to report when people in power do something illegal. He then raised the irony level to orange with this quote:

Quote:
The American people expect me to do everything in my power under our laws and Constitution to protect them and their civil liberties.


Yep, he protects your civil liberties by destroying your civil liberties. The disconnect in his brain is truly amazing. Seriously Brad, how can even you support him now after all the lying, cronyism, ineptitude, and criminal acts committed by him and his administration? I just don't get it.
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Ninti - MK IIa 60GB Smoke, 30GB, 10GB

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#214173 - 18/12/2005 02:25 Re: The Patriot Act in action - UPDATE [Re: ]
drakino
carpal tunnel

Registered: 08/06/1999
Posts: 7868
Quote:
Doug, with all due respect, the Constitution exists to protect Americans, not foreigners who are captured in war.


So, this guy is not an American now? And since when were we at war with the UK?

And of course it seems a matter of debate about the control of the area exists. The US Government is trying to say that it is on foreign soil, thus the detainees there do not have rights they normally would have if held in an American prison.

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#214174 - 18/12/2005 16:17 Re: The Patriot Act in action [Re: ninti]
bonzi
pooh-bah

Registered: 13/09/1999
Posts: 2401
Loc: Croatia
Quote:
Yep, he protects your civil liberties by destroying your civil liberties.

Well, that's time-honored practice; used on Vietnamese vilages, now in Iraq. It is only natural it would return home.

Does Bush expect (or expect Americans to expect) that 'enemy' doesn't know that tree-letter agencies operate with no regard to law!?
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#214175 - 18/12/2005 16:22 Re: The Patriot Act in action - UPDATE [Re: drakino]
bonzi
pooh-bah

Registered: 13/09/1999
Posts: 2401
Loc: Croatia
Quote:
The US Government is trying to say that it is on foreign soil, thus the detainees there do not have rights they normally would have if held in an American prison.

Following that logic, it would be OK to kill an American (at least if it is done by another American) while abroad!?

There is only one legal term applicable to 'detainees' in Guantamo: hostages.
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#214176 - 19/12/2005 01:45 Re: The Patriot Act in action - UPDATE [Re: bonzi]
TigerJimmy
old hand

Registered: 15/02/2002
Posts: 1049
Quote:
There is only one legal term applicable to 'detainees' in Guantamo: hostages.


Perhaps, but you must understand they are there as an alternative to having been killed. The fact that there are so many prisoners of war in these recent campaigns is actually a positive statement about modern first-world military ability to control lethal force and use it only as absolutely necessary. More prisoners is better than more killed soldiers, even if not perfect.

J

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#214177 - 19/12/2005 05:26 Re: The Patriot Act in action [Re: mlord]
canuckInOR
carpal tunnel

Registered: 13/02/2002
Posts: 3212
Loc: Portland, OR
Quote:
Quote:
That's where legitimate protection of Americans ends and the erosion of civil liberties begins.


Yeah. It's now about on par with the West's view of the former Soviet Union. Arrest and indefinite detention without trial, lawyer, or even a phone call. Secret prisons, illegal kidnappings and extraditions happening in various countries. Fictional propaganda used to invade and occupy an innocent country.

We're getting nervous up here, because we know who's next after the middle east is completely destroyed.

Help..

Spoiler:
Ubyq gvtug... V'z vasvygengvat gurz.

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#214178 - 19/12/2005 23:01 Re: The Patriot Act in action - UPDATE [Re: TigerJimmy]
bonzi
pooh-bah

Registered: 13/09/1999
Posts: 2401
Loc: Croatia
Quote:
Quote:
There is only one legal term applicable to 'detainees' in Guantamo: hostages.


Perhaps, but you must understand they are there as an alternative to having been killed. The fact that there are so many prisoners of war in these recent campaigns is actually a positive statement about modern first-world military ability to control lethal force and use it only as absolutely necessary. More prisoners is better than more killed soldiers, even if not perfect.

Except that they are not treated as POWs, and indeed most had nothing to do with war or terrorism at all. (For example, Google for Martin Mubanga. I find it incomprehensible that anyone would go to Afghanistan hoping to learn something from Taliban, but that makes hin just a fool.) Death toll among actual combatants is frighteningly high.

What you say is that resorting to terrorist acts it better than commiting war crimes. Well, it may be so, but I would not expect the "land of the free" (and its cronies, like UK or Poland) to commit either...
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Dragi "Bonzi" Raos Q#5196 MkII #080000376, 18GB green MkIIa #040103247, 60GB blue

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#214179 - 20/12/2005 00:46 Re: The Patriot Act in action - UPDATE [Re: TigerJimmy]
tanstaafl.
carpal tunnel

Registered: 08/07/1999
Posts: 5549
Loc: Ajijic, Mexico
Perhaps, but you must understand they are there as an alternative to having been killed. The fact that there are so many prisoners of war in these recent campaigns is actually a positive statement about modern first-world military ability to control lethal force and use it only as absolutely necessary

These are not people who were captured in the heat of battle, with AK-47s smoking and grenades in their pockets.

Many (if not the great majority) of these detainees are being held because sombody told somebody else that "...I think Mustafa there is a terrorist" and the better safe than sorry attitude kicked in and off poor old Mustafa goes to the concentration camp, even though the most serious weapon he ever had was the tack hammer he used in his shoe repair shop.

Look around you, people! America used to be the most admired and respected nation on the planet. Now it is among the most despised. Using terroristic policies "because the other guys do it" is not justifiable. We used to be better than that. I really don't know whether we ever will be again.

tanstaafl.
_________________________
"There Ain't No Such Thing As A Free Lunch"

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