Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Well, I think it's just a matter of time before the shit hits the fan.

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU
 
hiaasenrocks Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:17 PM
Original message
Well, I think it's just a matter of time before the shit hits the fan.
A few days have passed since the spying story hit the news. The big question is: What gives the President the authority to bypass the warrant requirement of the Fourth Amendment?

He says it's two things: 1) The Constitution. But where? I assume he means the authority vested in the President to conduct national security/foreign affairs. But I can't find anything in there that relaxes Fourth Amendment protocol. 2) The authorization to use force given to him by the Congress. Again, where in that legislation does he derive the right to violate the Constitution?

Several days later and this is all they can come up with?

It's not going to get any better for these people. Bush and his crowd are toast on this one. He broke the law. He violated his oath of office. Let the impeachment proceedings begin.
Printer Friendly | Permalink |  | Top
calico1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:23 PM
Response to Original message
1. Impeachment proceedings?
That is not going to happen unless the Democrats gain control of the House. Don't count on a Republican controlled House to initiate impeachment.
Printer Friendly | Permalink |  | Top
 
hiaasenrocks Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:24 PM
Response to Reply #1
2. That's what I'm hoping for.
Democrats take the House.

And we will also need the power for the Fitz investigation to lead to impeachment.

So many possibilities here.
Printer Friendly | Permalink |  | Top
 
dennis4868 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:48 PM
Response to Reply #1
13. Even if Dems....
take over the House they won't bring impeachment hearings....they are spineless.
Printer Friendly | Permalink |  | Top
 
CornField Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:28 PM
Response to Original message
3. We can no longer be expected to live with the same pre-Cold War
rules of engagement. If there is one thing the GOP has right it is that this is new territory. The pre-Cold War rules of engagement dealt with nation vs. nation, army vs. army. We have now have administrations who want to apply those rules of engagement (and stretch them to their limits) on a different type of conflict.

This is the "War in Iraq" but it isn't a "War against Iraq" (at least not in the general sense). And, just to make sure the government can live under mostly unlimited power, they've declared "War on Terrorism" and "War on Drugs" and so many others. The lax privacy protocols and so-forth extended to the government under the rules of war were never intended to be perpetual and unending. They were for times of national crisis only.
Printer Friendly | Permalink |  | Top
 
cantstandbush Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:36 PM
Response to Original message
4. If impeachment can't begin under these circumstances,,it should never
be used. I am amazed and appalled that most Americans don't understand the gravity of this.
Printer Friendly | Permalink |  | Top
 
Tamyrlin79 Donating Member (944 posts) Send PM | Profile | Ignore Mon Dec-19-05 12:38 PM
Response to Original message
5. the 4th amendment is the key here.
1) the 4th amendment "amends" all the texts passed in the original constitution, meaning that even if Bush is correct (which he isn't, but lets for the moment assume so), then any power granted in the "executive power" section was subsequently constrained by the 4th Amendment.

2) No law passed by Congress, including a declaration of war, trumps the constitution.

3) The resolution passed by congress did not repeal, revise, or otherwise amend FISA.


In other words, they have no leg to stand on here.
Printer Friendly | Permalink |  | Top
 
hiaasenrocks Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:43 PM
Response to Reply #5
7. Great points. n/t
Printer Friendly | Permalink |  | Top
 
Initech Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:41 PM
Response to Original message
6. I'm starting to wonder if there's a clause in the "Patriot" Act that...
Severly limits or even overrides the 4th amendment. I mean there's really no other explanation as to how Bush can get away with all this wire-tapping.
Printer Friendly | Permalink |  | Top
 
Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:45 PM
Response to Reply #6
9. But no document can legally proclaim itself superior to the Constitution.
Well, it CAN, but it wouldn't (er, shouldn't) pass constitutional muster.

Printer Friendly | Permalink |  | Top
 
Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:59 PM
Response to Reply #6
14. dupe
Edited on Mon Dec-19-05 01:07 PM by Lex

Printer Friendly | Permalink |  | Top
 
Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:44 PM
Response to Original message
8. The "inherent authority" so dangerous it can't even be articulated.
First, the very setup of our federal constitution is that there IS no "inherent authority". For the guys who say that they rely on the strict construction of the consitution to suddenly say there are powers of the president to jail people "inherent" in being the chief executive is nonsense. If Congress can't pass a law giving him the power, then he can't claim it.

Second, the "inherent" power is the power inherent in.....what? Being Commander in Chief of the Armed Forces during Wartime? Because being charged with the enforcment of laws doesn't give the power to ignore the law, or pick and choose, does it?

Third, the power includes disobeying statutes and treaties...secretly. We don't even know WHAT laws BUsh is breaking, because he claims the right to do it and NEVER TELL ANYBODY. That's what was revealed in the torture memos.
Printer Friendly | Permalink |  | Top
 
Kazak Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:46 PM
Response to Original message
10. The word "Impeachment" has seeped it's way into the American psyche.
Thanks in large part to Kerry's little "joke" last week. I believe the wheels are in motion, and there's no stopping it now.
Printer Friendly | Permalink |  | Top
 
Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:47 PM
Response to Original message
11. The "inherent authority" so dangerous it can't even be articulated.
First, the very setup of our federal constitution is that there IS no "inherent authority". For the guys who say that they rely on the strict construction of the consitution to suddenly say there are powers of the president to jail people "inherent" in being the chief executive is nonsense. If Congress can't pass a law giving him the power, then he can't claim it.

Second, the "inherent" power is the power inherent in.....what? Being Commander in Chief of the Armed Forces during Wartime? Because being charged with the enforcment of laws doesn't give the power to ignore the law, or pick and choose, does it?

Third, the power includes disobeying statutes and treaties...secretly. We don't even know WHAT laws BUsh is breaking, because he claims the right to do it and NEVER TELL ANYBODY. That's what was revealed in the torture memos.

So Tucker Carlson's question is, gee, why doesn't Congress pass a law saying what the president can't do? And I say, what, ANOTHER one? Saying, "this time, we really mean it"? Why, if Bush has already said he doesn't have to obey and won't?

With a president unwilling to be bound by the law, impeachment is the only option.
Printer Friendly | Permalink |  | Top
 
The Stranger Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 12:48 PM
Response to Original message
12. Look out your window.
See anybody in the streets?

Turn on your television.

Hear anybody seriously reporting what has happened?

Talk to your "friends."

Do they look at you funny when you try to tell them what is going on?

We're wasting time even posting on the internet.

It is already over.

Now all we can do is see where it leads.
Printer Friendly | Permalink |  | Top
 
merbex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 01:04 PM
Response to Reply #12
15. I hate to say that I'm agreeing with you because that's it really
ballgame would be over

I'm hanging on by a thread telling myself- It's Xmas people are thinking of other things

But I sense we are in the 9th inning 2 outs and the other team is winning and the umpire has been bought by the bad guys
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Mon May 06th 2024, 06:12 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC