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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: TimF who wrote (22771)7/3/2006 4:35:51 PM
From: Dale Baker  Read Replies (1) | Respond to of 541371
 
You have mixed the concepts so far I don't know where to start. Bombing a fighter in Afghanistan does not translate to unwarranted spying on American communications and financial records, not according to the Constitution and established legal procedures.

When you decide that the exigencies of war let you go further - and you decide that behind closed doors on your own - you have disregarded the checks and balances of the Constitution. Can you point me to the clause in the Constitution where it says otherwise? Where it says "The President shall have such powers as he deems fit in wartime"?

It violates existing laws on warrants and thus the Constitution, the Fourth amendment. That's why bad searches without warrants get thrown out of court, on constitutional grounds.

Gitmo is a sad exaggeration of a loophole in the international laws of war. Perhaps not strictly illegal or unconstitutional but extremely detrimental to the American ability to stand up as a leader in human rights. Should have been shut down years ago to contain the political damage now being caused.

Let's face it - now matter how much people on the right spin the legal theories to justify what Bush has done, a huge part of America and a much huger part of the world DON'T BUY IT AT ALL. Ex post facto rationalizations are a poor excuse for effective policy.