Friday, August 18, 2006

Why Do Republicans Hate Our Freedom?

08.17.06 - Washington GOP Calls on Democrats to Rebuke JudgeÂ’s NSA Surveillance Decision

08.18.06 - Dems Rejoice: Ruling Weakens Terrorist Surveillance Program
All across the Nation Republicans are having hissy fits because a Federal Judge concluded that Bush isn't King George. Federal District Court Rules NSA Wiretapping Program Unconstitutional

Part of the judgement (with my emphasis added) reads:
...We must first note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no powers not created by the Constitution. So all "inherent powers" must derive from that Constitution. We have seen in Hamdi that the Fifth Amendment of the United States Constitution is fully applicable to the Executive branch's actions and therefore it can only follow that the First and Fourth Amendments must be applicable as well. In the Youngstown case the same "“inherent powers" argument was raised and the Court noted that the President had been created Commander in Chief of only the military, and not of all the people, even in time of war. Indeed, since Ex Parte Milligan, we have been taught that the "“Constitution of the United States is law for rulers and people, equally in war and in peace. . . ." Ex Parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866). Again, in Home Building & Loan Ass'’n v. Blaisdell, we were taught that no emergency can create power. Finally, although the Defendants have suggested the unconstitutionality of FISA, it appears to this court that that question is here irrelevant. Not only FISA, but the Constitution itself has been violated by the Executive's TSP. As the court states in Falvey, even where statutes are not explicit, the requirements of the Fourth Amendment must still be met. And of course, the Zweibon opinion of Judge Skelly Wright plainly states that although many cases hold that the President's power to obtain foreign intelligence information is vast, none suggest that he is immune from Constitutional requirements. ...
It's simple and straight forward. The Constitution applies to the President. FISA and the Constitution don't interfere with tracking down terrorists.

I understand why Bush, and the people who do his thinking, want to claim that the President (provided he's a Republican) has magical mystical dictatorial powers. What I don't understand is why so many (Republican) people are in such a hurry to give up their Rights and Liberties.

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