NEOGNOSTIKOS
17 Apr, 06 > 23 Apr, 06
10 Apr, 06 > 16 Apr, 06
3 Apr, 06 > 9 Apr, 06
27 Mar, 06 > 2 Apr, 06
20 Mar, 06 > 26 Mar, 06
13 Mar, 06 > 19 Mar, 06
6 Mar, 06 > 12 Mar, 06
27 Feb, 06 > 5 Mar, 06
20 Feb, 06 > 26 Feb, 06
13 Feb, 06 > 19 Feb, 06
6 Feb, 06 > 12 Feb, 06
30 Jan, 06 > 5 Feb, 06
23 Jan, 06 > 29 Jan, 06
16 Jan, 06 > 22 Jan, 06
9 Jan, 06 > 15 Jan, 06
2 Jan, 06 > 8 Jan, 06
26 Dec, 05 > 1 Jan, 06
19 Dec, 05 > 25 Dec, 05
12 Dec, 05 > 18 Dec, 05
5 Dec, 05 > 11 Dec, 05
28 Nov, 05 > 4 Dec, 05
21 Nov, 05 > 27 Nov, 05
14 Nov, 05 > 20 Nov, 05
7 Nov, 05 > 13 Nov, 05
31 Oct, 05 > 6 Nov, 05
24 Oct, 05 > 30 Oct, 05
17 Oct, 05 > 23 Oct, 05
10 Oct, 05 > 16 Oct, 05
3 Oct, 05 > 9 Oct, 05
26 Sep, 05 > 2 Oct, 05
19 Sep, 05 > 25 Sep, 05
12 Sep, 05 > 18 Sep, 05
5 Sep, 05 > 11 Sep, 05
29 Aug, 05 > 4 Sep, 05
22 Aug, 05 > 28 Aug, 05
15 Aug, 05 > 21 Aug, 05
8 Aug, 05 > 14 Aug, 05
1 Aug, 05 > 7 Aug, 05
25 Jul, 05 > 31 Jul, 05
18 Jul, 05 > 24 Jul, 05
11 Jul, 05 > 17 Jul, 05
4 Jul, 05 > 10 Jul, 05
27 Jun, 05 > 3 Jul, 05
20 Jun, 05 > 26 Jun, 05
13 Jun, 05 > 19 Jun, 05
6 Jun, 05 > 12 Jun, 05
30 May, 05 > 5 Jun, 05
23 May, 05 > 29 May, 05
16 May, 05 > 22 May, 05
9 May, 05 > 15 May, 05
2 May, 05 > 8 May, 05
25 Apr, 05 > 1 May, 05
18 Apr, 05 > 24 Apr, 05
11 Apr, 05 > 17 Apr, 05
4 Apr, 05 > 10 Apr, 05
28 Mar, 05 > 3 Apr, 05
21 Mar, 05 > 27 Mar, 05
14 Mar, 05 > 20 Mar, 05
7 Mar, 05 > 13 Mar, 05
28 Feb, 05 > 6 Mar, 05
21 Feb, 05 > 27 Feb, 05
14 Feb, 05 > 20 Feb, 05
7 Feb, 05 > 13 Feb, 05
31 Jan, 05 > 6 Feb, 05
24 Jan, 05 > 30 Jan, 05
17 Jan, 05 > 23 Jan, 05
10 Jan, 05 > 16 Jan, 05
3 Jan, 05 > 9 Jan, 05
27 Dec, 04 > 2 Jan, 05
20 Dec, 04 > 26 Dec, 04
13 Dec, 04 > 19 Dec, 04
6 Dec, 04 > 12 Dec, 04
29 Nov, 04 > 5 Dec, 04
22 Nov, 04 > 28 Nov, 04
15 Nov, 04 > 21 Nov, 04
8 Nov, 04 > 14 Nov, 04
1 Nov, 04 > 7 Nov, 04
25 Oct, 04 > 31 Oct, 04
18 Oct, 04 > 24 Oct, 04
11 Oct, 04 > 17 Oct, 04
4 Oct, 04 > 10 Oct, 04
27 Sep, 04 > 3 Oct, 04
20 Sep, 04 > 26 Sep, 04
13 Sep, 04 > 19 Sep, 04
6 Sep, 04 > 12 Sep, 04
30 Aug, 04 > 5 Sep, 04
23 Aug, 04 > 29 Aug, 04
16 Aug, 04 > 22 Aug, 04
9 Aug, 04 > 15 Aug, 04
2 Aug, 04 > 8 Aug, 04
26 Jul, 04 > 1 Aug, 04
19 Jul, 04 > 25 Jul, 04
12 Jul, 04 > 18 Jul, 04
5 Jul, 04 > 11 Jul, 04
28 Jun, 04 > 4 Jul, 04
21 Jun, 04 > 27 Jun, 04
14 Jun, 04 > 20 Jun, 04
7 Jun, 04 > 13 Jun, 04
31 May, 04 > 6 Jun, 04
24 May, 04 > 30 May, 04
17 May, 04 > 23 May, 04
10 May, 04 > 16 May, 04
3 May, 04 > 9 May, 04
26 Apr, 04 > 2 May, 04
19 Apr, 04 > 25 Apr, 04
12 Apr, 04 > 18 Apr, 04
5 Apr, 04 > 11 Apr, 04
29 Mar, 04 > 4 Apr, 04
22 Mar, 04 > 28 Mar, 04
15 Mar, 04 > 21 Mar, 04
8 Mar, 04 > 14 Mar, 04
1 Mar, 04 > 7 Mar, 04
23 Feb, 04 > 29 Feb, 04
16 Feb, 04 > 22 Feb, 04
9 Feb, 04 > 15 Feb, 04
2 Feb, 04 > 8 Feb, 04
26 Jan, 04 > 1 Feb, 04
19 Jan, 04 > 25 Jan, 04
12 Jan, 04 > 18 Jan, 04
5 Jan, 04 > 11 Jan, 04
29 Dec, 03 > 4 Jan, 04
22 Dec, 03 > 28 Dec, 03
15 Dec, 03 > 21 Dec, 03
8 Dec, 03 > 14 Dec, 03
1 Dec, 03 > 7 Dec, 03
24 Nov, 03 > 30 Nov, 03
17 Nov, 03 > 23 Nov, 03
27 Oct, 03 > 2 Nov, 03
20 Oct, 03 > 26 Oct, 03
13 Oct, 03 > 19 Oct, 03
6 Oct, 03 > 12 Oct, 03
29 Sep, 03 > 5 Oct, 03
22 Sep, 03 > 28 Sep, 03
15 Sep, 03 > 21 Sep, 03
8 Sep, 03 > 14 Sep, 03
1 Sep, 03 > 7 Sep, 03
25 Aug, 03 > 31 Aug, 03
18 Aug, 03 > 24 Aug, 03
11 Aug, 03 > 17 Aug, 03
4 Aug, 03 > 10 Aug, 03
28 Jul, 03 > 3 Aug, 03
21 Jul, 03 > 27 Jul, 03
14 Jul, 03 > 20 Jul, 03
7 Jul, 03 > 13 Jul, 03
30 Jun, 03 > 6 Jul, 03
23 Jun, 03 > 29 Jun, 03
16 Jun, 03 > 22 Jun, 03
9 Jun, 03 > 15 Jun, 03
2 Jun, 03 > 8 Jun, 03
26 May, 03 > 1 Jun, 03
19 May, 03 > 25 May, 03
12 May, 03 > 18 May, 03
5 May, 03 > 11 May, 03
28 Apr, 03 > 4 May, 03
21 Apr, 03 > 27 Apr, 03
Genealogy
GenForum
Better Living through Science
Jet Propulsion Laboratory
SETI
Space.com
Digg
Shakespeareana
HLAS
The Loyal Opposition
The Left Coaster
Deep Blade
Moonbattery Park
Eschaton
Iraq
Hammorabi
Sunday, 29 January 2006
"A Duly Enacted Statute"
Now Playing: fisa is unconstitutional
There's a lot to mine from this Eric Lichtblau and Adam Liptak article in yesterday's New York Times, but try just this one little passage in which Duke Law School professor Curtis A. Bradley shows what he knows about the President's Constitutional authority:

"Before FISA," Professor Bradley said, "it may have been the case that the president had the authority to do this kind of surveillance. What the Department of Justice is trying to do is use the prior practice to support the present program when the present program is a violation of a duly enacted statute."
Since it is taken for granted by everyone except terrorist-sympathizers that the President of the United States has a Constitutional authority as Commander in Chief to gather signals intelligence against the Islamofascist enemies of this country, it is impossible to agree that the Foreign Intelligence Surveillance Act (FISA) is Constitutional. How can the Congress pass a law that restricts one of the Executive's highest powers? That is an usurpation on two counts: on the first, the Legislative branch delimited a basic Presidential military power by statute, which is supposedly contrary to the separation of powers; on the second, that statute subjects the actions of the Executive to Judicial review, which is another blurring of the lines.

Professor Bradley concedes that it was FISA that was intended to strip away an authority the President already had and ---to anyone with a lick of common sense--- still has.

The only reason why this problem with FISA has gone unaddressed for more than a quarter-century is because it has almost never asserted itself. In the theoretical and bureaucratic worlds, this is solid policy. It makes politcians feel better about themselves. But when we are living in an age of global terrorism and global communications and travel, nonsense like FISA is self-destructive.

And let's not ignore the history of FISA. It was passed by a Democratic-controlled Congress and signed by the nauseating Jimmy Carter in 1978. It was a law intended as a rebuke to any imperial successors to Richard Nixon. As such, its potential as a tool in the hands of the Democratic Party has been wrongly reawakened off the buzz of these leaks and accusations.

Remember that Congress impeached, tried, and almost removed President Andrew Johnson after they had tried to strip away his Executive authority to simply fire a Cabinet member.

I don't know how it can be done, but FISA needs to get tossed. I hope the shysters are on the job right now.


Posted by Toby Petzold at 4:22 AM CST | Post Comment | View Comments (11) | Permalink

Sunday, 29 January 2006 - 7:21 AM CST

Name: Rider

Your facts are wrong.

First of all, Bradley is one of the authors of the letter by constitutional scholars who are unconvinced by the President's argument.

Next, Gonzo's report only mentioned presidents down to FDR. Down to FDR, the president was constrained by the Fourth Amendment. In 1936 the Wiretap Act became law, requiring court order.

Thirdly, your problem is not just Jimmy Carter (are you claiming he wasn't legally the president???). In addition to FISA, the law of the land on wiretaps is Title III, which was most recently expanded in 1986 and signed into law by Ronald Reagan.

Lastly, FISA cannot be separated from The Patriot Act. They are joined at the hip. The Patriot Act was written in the weeks following 9/11 at the President's request and passed almost unanimously. If the President thought he had the authority to do this anyway, why did he bother amending FISA? And why did the Justice Dept. argue in 2002 that FISA should not be modified when legislation was proposed to lower the test for warrants even further? The answer is that FISA and FISA-Patriot Act expanded the president's legal power to conduct signals intelligence against USPERS by lowering the standard for court order in foreign surveillance on U.S. soil as compared to the standard for criminal cases!

Like all of King George's cringing toadies, you are arguing that the president (as long as he is on your Approved List) is above the law, that ours is a government of men and not laws. Face it, you would not accept any law which restricted the President in any way whatsoever and would call it unconstitutional, never mind the fact that the same Constitution established three, separate, and co-equal branches of government. Your real argument is with the entire concept of separation of powers, which goes back to King Henry the First's Charter of Liberties (1100 A.D.) and to the principle of habeas corpus and the beginnings of English law in Magna Carta! Article 39:

No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

The king is not above the law. The President is not above the law.

But these claims of presidential sovereignty are perhaps best understood not by looking deep into medieval law, but by comparing them to the courtroom antics of Saddam Hussein, who is flailing about and making a mockery of his trial because he thinks as President of Iraq he is superior to the court, that the court is illegal and has no right to try him.

Sunday, 29 January 2006 - 7:55 AM CST

Name: Rider

Sorry to have to add to that already too-long post, but this is beyond the pale:

How can the Congress pass a law that restricts one of the Executive's highest powers? That is an usurpation on two counts: on the first, the Legislative branch delimited a basic Presidential military power by statute, which is supposedly contrary to the separation of powers

You have turned the Constitution on its head. The founders gave the powers of war to the Congress; not to the Executive. Yes, the president has the authority to gather signals intelligence against Islamofascist enemies of this country and against USPERS who are certified to be "agents of foreign powers" (have links to international terrorism) under law.

The U.S. Constitution does not anywhere place the president above or outside or make him exempt from the law, or entitle or authorize him to break the law, or say that the law may not restrict or delimit his actions in carrying-out his duties. His most basic duty - sworn by oath - is to execute the laws Congress passes once they have been signed into law.

Sunday, 29 January 2006 - 2:39 PM CST

Name: TP

Rider, are you the author of the term "FISA-Patriot Act"? Google that exact phrase and you seem to be in the vicinity on just about all of the results.

Why is that?

Sunday, 29 January 2006 - 2:50 PM CST

Name: Rider

Dunno. I only found a couple.

Sunday, 29 January 2006 - 4:23 PM CST

Name: Rider

Check with the NSA.

Sunday, 29 January 2006 - 6:36 PM CST

Name: Rider

I will show you why I use the term. Here is the USA PATRIOT ACT. Title II of the Patriot Act is "Enhanced Surveillance Procedures," Sections 201 to 225. Go and read a few pages of Title II. You will see that there is no such thing as a Patriot Act apart from FISA. It is not a free-standing law. All it consists of are changes in words and puctuation of FISA: add this, delete that, insert this, etc. You literally cannot even READ the Patriot Act law without having a copy of FISA in front of you. So, that's why I call it FISA-Patriot Act. I don't know if anybody else uses the term. Maybe I should copyright it.

Sunday, 29 January 2006 - 10:52 PM CST

Name: sluggo

ON THE SHORT BUS--
As a person who supports the opposition, I can only cringe whenever I hear the democratic leadership take up the hue and cry against these wiretaps. Even if it can be proven that intel collection efforts were levelled against quakers and soccer moms as well as foreign nationals, this is going to pull the rug right out from under us.

WHY? Because all the white house has to do is come up with one unsubstantiated claim of how it may or may not have helped to stave off a possible terrorist attack and it leaves every opposition figure exposed as "weak on protecting the american people". Predictable...and completely unforseen by this current crop of democrat "leaders"

They leave the Abramoff--Bush connection completely alone. They won't address the enormous deficit that threatens to destroy our economy. They are completely mute on our suicidal immigration policy, but....

They will always find time to make pointless attacks on this administration. They rally around nut jobs like Cindy Sheehan and Wobblie-esque icons like Michael Moore.
They champion causes that none of us care very deeply about. Gay marriage? right on! sure..why not?

I back the rainmakers. The gang that just can't shoot straight.

Monday, 30 January 2006 - 5:34 AM CST

Name: Rider

Sluggo, are you thinking somewhat along these lines?

I must say, I have grave doubts as to our ability to survive.

"Americans need desperately to understand that 95 percent of all Muslim terrorists in the world were created in the past three years by Bush's invasion of Iraq.

Americans need desperately to comprehend that if Bush attacks Iran and Syria, as he intends, terrorism will explode, and American civil liberties will disappear into a thirty year war that will bankrupt the United States.

The total lack of rationality and competence in the White House and the inability of half of the US population to acquire and understand information are far larger threats to Americans than terrorism.

America has become a rogue nation, flying blind, guided only by ignorance and hubris. A terrible catastrophe awaits."

Monday, 30 January 2006 - 7:30 PM CST

Name: TP

Rider:

The founders gave the powers of war to the Congress; not to the Executive.

This is a perfect example of how the Presidency grows in its powers at certain times in our country's history: because the Congress has not declared "war" since before you and I were born. And, yet, we go to war all the time. How is that happening? Could it be that the Commander in Chief sometimes exercises enormous power that makes nonsense of statutes and even tests the boundaries of the Constitution itself?

Monday, 30 January 2006 - 7:32 PM CST

Name: TP

Sluggo, that's a mighty long koan.

But maybe what you're saying is that these Dhimmicrats are just begging Rove to ratfuck them. And who knows why?!

Monday, 30 January 2006 - 8:06 PM CST

Name: Rider

And he will, as long as the people chow down on the bullshit that says you can't wiretap Al Qaeda suspects unless you violate FISA. That's an insidious lie.

View Latest Entries