Date registered: Sep 2004
Vehicle: 83 Astral Silver 280 SL
Location: Planet Houston
Mentioned: 0 Post(s)
Quoted: 7 Post(s)
RE: Secret court modified Bush Wiretap Requests
In a representative democracy such as ours, "enough" can never be known - we rely on the check and balances of our government and our representatives, be they on a court or in the administration, to protect them. What makes it all work is the check and balance. The Fourth Amendment states that in the case of American citizens, a warrant MUST be obtained before survelience can begin, and this principle has been found to pertain to wiretaps over and over again by the courts. We are talking fundemental Bill of Rights stuff here - there are no if's and's but's or maybe's in this part of the constitution. That's the way it is, or you are practicing outside the law.
There is a reason these checks and balances are in place - a representative of the Executive Branch, which has the power of Kings and is the branch our founding fathers wanted most checked and most watched precisely because of that - cannot act like Kings in our democracy, and they surrender that kingly power in that most peculiar of American innovations - the warrant. A warrant simply asks a court to review what the Executive Branch wishes to do. In most cases, the target of the warrant does not even have to be notified, so the court is acting in effect as the unseen legal representative of the target, and its duty is to see that his rights are not violated and that the warrant is based on fact and law. Think of yourself as the target of a warrant, and ask yourself if this is a right you wish to give up!
The founder's intended this as the mechanism that PROTECTS OUR RIGHTS. Allowing Bush's activities to stand is unconscionable, especially given the unprecendented 72 warrantless time allowed. The only question one has left is - why, given the fact he has 72 hours, does he refuse to run these investigations by this court, in direct violation of the FISA Law, a violation so obvious one of the FISA judges resigned over it in outrage and protest. This is an impeachable offense, and the act of a fascist.
Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.
-President Barack Obama, 1st Inaugural address