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The Constitution in Wartime

Findlaw has an excellent essay discussing the history of law in wartime. The author makes the point very elegantly that inter arma silent leges (usually translated "in time of war the law is silent", but I prefer "in the face of arms, the law is silent"). Richard Stallman has an essay on a similar theme, not quite as good, but still worth reading.

256 comments

  1. Well.. by mindstrm · · Score: 2

    Actually, I was reading that, in the US, there is some law.. I forget the name. Something about declaring a state of national emergency. In such a state, the president has power to, well, basically, do anything, and ignore the constitution.

    1. Re:Well.. by pubudu · · Score: 5, Informative
      Actually, I was reading that, in the US, there is some law.. I forget the name. Something about declaring a state of national emergency. In such a state, the president has power to, well, basically, do anything, and ignore the constitution.

      The U.S. President has a variety of emergency powers, but none of them can in any way affect the rules set out in the Constitution. Congress, through the years, has expanded presidential power; these powers came with strings attached. In emergency, some of these strings come off, but the basic constitutional protections remain.

      This is not to say that Presidents have not violated the Constitution. Lincoln suspended the right of filing writs of habeas corpus (as did Davis). The loyalty oaths and attendant disqualifications from office may have constituted ex post facto laws and bills of attainder, but the Fourteenth Amendment, in making such disqualifications part of the Constutition, resolved that issue. And let's not forget about internment camps during World War II.

      Presidents may act unconstitutionally, but unlike Great Britain, unconstitutional acts, if they go unpunished, do not set a precedent for their constitutionality.

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      under-paid karma whore

    2. Re:Well.. by Purple_Walrus · · Score: 3, Informative

      This is called the Elastic Clause... Certain parts of the constitution can be ignored if it is used.

      For example, it was used during WWII to send all those Japanese Americans to camps out in the midwest.

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    3. Re:Well.. by killthiskid · · Score: 4, Insightful

      Supreme Court Chief Justice William A. Rehnquist has a book, All the Laws but One: Civil Liberties in Wartime that is about these issues. Here is a quote from a speach he gave at The Woodrow Wilson International Center for Scholars in 1999:

      There are obviously conflicting principles or public policies at work in this area of civil liberty in wartime. There may be some who think that here, as elsewhere, the more civil liberty the better. But neither presidents nor courts have ever operated on this principle. Wartime presidents are inclined to prefer claims based on military necessity to claims of individual liberty, and courts come to the rescue of civil liberty only after the war is over. There is a certain irony in this last fact, but the history of our nation suggests that both the nation and civil liberty have survived pretty well, if not totally unscathed, under it. Whether this is because of the actions of the Presidents and the courts, or in spite of them, I am not prepared to say.

      So, we can expect to lose 'rights', and we can expect to gain some of them back when the 'war' is over. The problem being, our current war has no defined ending, and it has already been explained to the American citizens that this will be a long drawn out war full of secracy. The longer a war goes on, the more rights that are taken in the name of that war. It is esp. damning that dissonates is being actively suppressed, with the Bush clan warning our media to 'act responsibly' and advising against such things as playing BinLaden's videos. At the end of wartime, we never regain back all that we have lost.

    4. Re:Well.. by unitron · · Score: 1, Redundant
      "...dissonates..."

      dissent?

      dissidents?

      dissona nce?

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    5. Re:Well.. by BCoates · · Score: 1

      Snipped from parent and various replies...


      Actually, I was reading that, in the US, there is some law.. I forget the name. Something about declaring a state of national emergency. In such a state, the president has power to, well, basically, do anything, and ignore the constitution.
      --
      FEMA extends the president the abitlity to stop the constitution. It's a good law! It aids workers get help to where it needs and alows the army to operate on US soil which it is not constitutionaly allowed to. It also alow for marshal law so looters can get shoot immediately.
      --
      This is called the Elastic Clause... Certain parts of the constitution can be ignored if it is used.

      For example, it was used during WWII to send all those Japanese Americans to camps out in the midwest.


      Do any of you have the slightest idea of how the US government works? Not the hard stuff, even public education should have managed to teach you this...

      "National Emergency?"

      Deploy the National Guard. Call up the reserves. Spend that disaster money. That's the sort of thing a National Emergency lets you do (actually, it usually isn't even a national emergency, more like a local one). It does not allow the President "to, well, basically, do anything, and ignore the constitution." Where did that come from?

      "Marshal Law"

      It's actually spelled "martial law", but it doesn't exist in the US, thank god. If a soldier with a gun tells you otherwise, shoot him. We've been invaded... btw, the US army is already allowed to operate on US soil, what do you think we'd do if we were invaded, move to Canada?

      "Elastic Clause"

      "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers..." It's allowed to slip by federal powers that are just barely constitutional. Why do people keep thinking there's a magic back door in the Constitution that lets anybody do whatever the hell they want if they invoke it? The Japanese Concentration Camps weren't legal; we knew it then and we know it now. After the war, there were apologies and reparations (too little, far to late for something that shouldn't have happened in the first place though.)

      Please, people. Read your Constitution. Pay attention. This is a Republic, the only hope for the future is an informed population that understands their rights and the place and history of their government.

      P.S. Apologies to the non-US readers of slashdot for the waste of your bytes.

    6. Re:Well.. by Anonymous Coward · · Score: 0

      Sorry for the anonymous post, I'm at work and am too lazy to register now. I just want to touch on your "...informed population..." point which I wholeheartedly agree with. As a 16 year old in high school, we have to take social studies courses. Usually boring textbook stuff, but there was a glimmer of hope. A course called "U.S. History through Constitutional Law", or Conlaw for short. And better yet, I get the teacher who actually invented the course 30 some odd years ago. Lucky me, this guy knows his stuff, and since he started the course, he's one of the greatest teachers I've ever had. Kind of off-topic, yes I know, but I just wanted to let people know that there is actually worthwhile things being taught in high school, and that not all of us kids are going to grow up ignorant.

    7. Re:Well.. by dgroskind · · Score: 2

      So, we can expect to lose 'rights', and we can expect to gain some of them back when the 'war' is over. The problem being, our current war has no defined ending...

      Sundown provisions would appear to be the solution to the problem. The House version of the current anti-terrorism law has such a provision, the Senate version does not. The House version of the law would expire in 5 years.

      At the end of wartime, we never regain back all that we have lost.

      The history of civil liberties since World War II has been one of expansion. Americans enjoy more freedoms today than at any previous period in their history.

      What is lost in wartime and never regained is the lives and health of citizens and soldiers who are casualties in the war.

    8. Re:Well.. by moyix · · Score: 3, Informative

      Incorrect. The Elastic Clause (also known as the "neccessary and proper" clause) only allows Congress (NOT the President; that's the executive, not legislative branch) to enact laws that help it execute its other powers defined in the Constitution (Article I, Section 8).

      Here's the actual Elastic Clause (Article I, Section 8, Paragraph 18):

      [The Congress shall have power] To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

      This power is pretty broad; Congress used it to establish (at the urging of the Secretary of the Treasury, Alexander Hamilton) a national bank. Although it was violently opposed by Jefferson and the Republicans as unconstitutional, its legality was upheld by the Supreme Court in 1819 in the case McCulloch v. Maryland under this Elastic Clause.

      IANAL, but I am anal about the Constitution. ;)

    9. Re:Well.. by killthiskid · · Score: 3, Interesting

      Can I have some examples of increased civil liberties?


      Lost Rights, a book by James Bovard, is long, thorough, dry, and depressing collection of the MANY losses and attacks on civil liberties.


      • American's today must obey 30 time more laws today than at the turn of the century.
      • Fedral Agencies publish an average of 200 pages of new rulings, regulations, and proposals in the Fedral register everyday.
      • A citizen's use of their land is presumed illegal until it is approved by multiple zoning and plannig commisions.
      • Since 1985, there have been over 200,000 properties siezed under forfeiter laws.
      • We have 2 million people in prison, a higher percentage than any other nation. Quote Mother Jones, "Since 1980, the national crime rate has meandered down, then up, then down again -- but the incarceration rate has marched relentlessly upward every single year. Nationwide, crime rates today are comparable to those of the 1970s, but the incarceration rate is four times higher than it was then. It's not crime that has increased; it's punishment."

      I could go on, but the point I want to make is this: from what I can tell, we have been experiencing a net decrease in rights... If you could point to me to info that shows otherwise, I would happily read that, too.



    10. Re:Well.. by innocent_white_lamb · · Score: 1

      Sundown provisions would appear to be the solution to the problem. The House version of the current anti-terrorism law has such a provision, the Senate version does not -----> Apparently a compromise version has now been presented; both bills have a four-year sunset clause included.

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      If you're a zombie and you know it, bite your friend!
    11. Re:Well.. by dgroskind · · Score: 1

      Can I have some examples of increased civil liberties?

      Certainly.

      Gideon v. Wainwright, 1963. Right to counsel extended.

      Barker v. Wingo, 1972. Right to speedy trial extended

      Miranda v Arizona, 1963. Right to be informed of your rights.

      Murray v. Curlett, 1963. Mandatory school prayer outlawed.

      Brown v. Board of Education, 1954 Desegregation of public schools.

      Griswold v. CT, 1963, "sphere of privacy" recognized under 4th amendment.

      Mapp v. OH, 1961, evidence acquired illegally is inadmissable

      Roth v. US, 1957, definition of obscenity restricted.

      NY Times v. Sullivan, 1954, reduces "libel chill" on freedom of press.

      Roe v. Wade, 1973, mother's right to make health decisions during pregnancy.

      TX v. Johnson, 1989, state cannot force patriotism or ban unpatriotic activities

      Buckley v. Valeo, 1976, Campaign spending may not be limited

      RENO v. ACLU, 1997. CDA struck down.

      The Levinson article also mentions

      Brandenburg v. OH, 1969, hate speech protected

      Pentagon papers, 1971, Newspapers protected by 1st Amendment.

      All these cases substantially extended the 1st, 4th, 5th, and 6th Amendment rights. There are many more lesser cases including some under the 8th Amendment resticting the death penalty.

      There have been some rulings that do not extend rights:

      Lewis v. United States, 1980, defendants convicted unders state law can be tried for related offense under Federal law.

      Bennis v. Michigan, 1996, property belong to an innocent party can be confiscated if used in a crime.

      Aside from these, virtually all Supreme Court rulings have come down on the side of individual rights. Freedom of speech not only has fewer restrictions than ever but the Internet is a major enhancement.

      As for your list, I don't see how you can assert that more laws equal fewer rights.

      You would expect more laws today than 100 years ago, there being no cars, airplanes or radio spectra to regulate in 1900. Traffic laws and airline safety regulations, for instance, extend our freedom, not restrict it. These are complex issues but the extra laws are not signs of a government running out of control but of a government doing its job.

      The millions of people in prison are a result of a high crime rate. The accused have more rights and better representation than anywhere in else the world. Crime itself is a greater restraint on personal freedom than the laws trying to control it.

      As for James Bovard, he is one of a number of commentators who's made a career out of making things sound worse than they are to the point that he has a vested interested in twisting every government action to support his thesis.

      An example is this paragraph about a U.S. Post Office requirement that private postal boxes be identified as such:
      The Postal Service justifies the new burden by warning of the dangers of mail fraud. However, the Postal Service can provide no information as to the number of fraud convictions related to private post office boxes compared to its own mailboxes. Instead, a few anecdotes are deemed sufficient to sanction new restrictions on millions of citizens.

      Aside from the fact that the requirement is hardly onerous, he criticizes the Post Office for using anecdotal evidence, which is his own primary method of exposition as in this essay on the IRS. The incidents he relates are outrageous enough but they do not support his sweeping conclusions or justify his blatantly sensationlist tone, e.g., "The IRS, like many stalkers, has a special affinity for unattached women." This tone, along with his tendency to quickly dismiss evidence that undermines his thesis, should raise one's suspicions both of his methods and his motives.

      If you want the last word here, I'd be pleased to read it.

    12. Re:Well.. by dgroskind · · Score: 1

      The LA Times says: Under the compromise, roving wiretap authority and many other provisions would expire after four years, and the president would not have discretion to extend them. An exception was made, however, for continuing to use the new powers in ongoing investigations that continue past the sunset date.

      Apparently the 4 year limit was a compromise between the desire of the President for no limit, which the Senate accepted, and desire of House to impose a 5 year limit, which was already a compromise from their initial preference for 3 year limit.

      You'd think that a compromise would have been longer than 5 years rather than less. Perhaps there was a compromise downward as part of the House's agreement to include money laundering in the bill instead of passing a separate bill.

      There are apparently some right-to-privacy issues in the money laundering provisions but nobody seems too worried except the bankers.

    13. Re:Well.. by arkanes · · Score: 1

      No offense, but you're totally wrong in most of your cases - the President can, without the support of Congress, declare a case of national emergency, which gives him GREATLY expanded powers, including the power to declare martial law - I don't know where you get the idea that it doesn't exist in the US, unless you mean it doesn't exist as a manner of course, which obviously it doesn't. The Japanese interment camps WERE legal at the time - they were signed into law! Remember, once a law is passed, it is the LAW until challenged and struck down. While YOU may not think the goverment has the power to do something, it's not you they ask. That's one reason why people find the government control of the media so frighting - it means people don't know what to ask, or even when to ask it. The Gulf War is an excellent example, and this "war" on terrorism will be another.

      I don't have quotations handy, but alot of other posters do. Read them :)

    14. Re:Well.. by knobmaker · · Score: 2, Insightful

      Unfortunately, you appear to be able to see only the decisions that enforce your personal viewpoint, except for the two decisions you cite as against this putative extension of civil rights. Further, you have apparently not done the math-- the vast majority of cases you cite as protective of the Bill of Rights were ruled on before 1980. You have largely ignored that aspect of Supreme Court jurisprudence known colloquially as the "drug war exceptions to the Constitution." Your summation is deceptive is another way-- you do not touch upon the many lower court decisions that the Supremes simply allowed to stand.

      The Supreme Court, of late years, has faithfully supported the extra-Constitutional police powers needed to continue this "war." These powers are of necessity extra-Constitutional, because these laws attempt to suppress consenual acts-- in other words, convictions can only be obtained by such Constitutionally suspect methods as anonymous informers, wiretaps, anti-privacy banking regulations, and other restrictions on personal liberty that would have been regarded with horror by most Americans 50 years ago.

      It's even more difficult to make the argument you appear to be making-- that Americans are more free than ever before, when you realize that a larger percentage of Americans are in prison than ever before. In fact, we are now the world's foremost jailers, keeping a larger percentage of our population in jail than any other country in the world (with the possible exception of Russia-- opinions and estimates vary.) Your assertion that the vast number of citizens in prison is due to higher crime rates is difficult to defend logically, because incarceration rates have vastly outgained crime rates.

      The American justice system is seriously compromised, with almost all power now residing in the hands of prosecutors. The proliferation of laws has made it impossible for the average citizen in trouble with the law to defend himself in the way he might have in the past. Prosecutors decide what charges are brought, and should the citizen be so uppity as to dispute the charges and demand his day in court, he can be sure that every possible charge will be prosecuted against him. Mandatory minimums, which remove sentencing power from judges, intensify this prosecutorial power. If an accused citizen persists in spite of this (very few do) he will find that prosecutors will be able to use the testimony of criminals against him, and these criminals will be rewarded for their testimony by large reductions in their prison sentences.

      One of the most insidious attacks on liberty and the rule of law are the RICO statutes, which treat those with only peripheral (or even innocent!) involvement in criminal enterprises as co-conspirators, liable to the same penalties as conspiracy kingpins. For example, two brothers in Georgia are now serving 10 year sentences in a marijuana conspiracy case, because they sold growlights from their garden shop to persons later caught growing marijuana. No evidence was ever introduced to show that they participated in any illegal activities, and no drugs were found in their possession. There are many other horror stories, for anyone who is interested.

      Even those who have no sympathy for drug offenders might wish to consider that bad law proliferates and spreads beyond the confines of its original purpose. A man who lives in my area, and his son, went to prison for almost two years because he filled a mudhole in his back yard without seeking the proper regulatory permits.

      The war against terrorism is similar to the war against drugs in that it is an open-ended conflict which can easily be defined as never-ending. In fact, it is very dangerous to define the government's anti-terrorist activities as a "war." It should be regarded as simply a criminal matter, for many good reasons unrelated to the opportunistic attacks now being mounted against our remaining civil liberties. But I'm not optimistic that common sense will prevail. The trend in America is toward the limitation of freedoms. The events of 9/11 will only accelerate that trend.

    15. Re:Well.. by unitron · · Score: 2
      Dear Moderator,

      Please obtain a dictionary at your earliest convenience and note both the non-existance as a real word of "dissonates" and the definition of "redundant".

      Thank you.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    16. Re:Well.. by Anonymous Coward · · Score: 0

      Lincoln's act was declared unconstitutional in 1866, Ex parte Milligan.

    17. Re:Well.. by dgroskind · · Score: 1

      I said you could have the last word but I'm compelled to respond to a couple of points.

      Your assertion that the vast number of citizens in prison is due to higher crime rates is difficult to defend logically, because incarceration rates have vastly outgained crime rates.

      It's ingenuous to compare the treatment of criminals to the treatment of law abiding citizens. There have been miscarriages of justice throughout American history and it is similarly ingenuous use them to pillary the whole justice system. Of all the dangers of modern life in America, being arrested for a crime you didn't commit and being arrested for exercising your rights under the Constitution must rank the lowest.

      And if you are arrested and can't afford a lawyer, one will be appointed to defend you. And if you blow up the McMurrich Building in Oklahoma City and the evidence against you is overwhelming, the state will spend millions of dollars assuring that your rights have not been violated. As it should.

    18. Re:Well.. by pubudu · · Score: 3, Informative
      Lincoln's act was declared unconstitutional in 1866, Ex parte Milligan.

      Milligan was arrested in 1864 under Congress' 1863 authorization of the President to suspend the writ of habeas corpus, not under the President's earlier declaration. As such, Ex parte Milligan, 71 U.S. 2, deals with the Congressional Act, not with the Presidential declaration.

      Congress authorized the President to detain citizens and suspend writs of habeas corpus, but specified that his name be delivered to the court and that, if the grand jury adjourned without indicting him, he should be released. If his name was not furnished to the court within twenty days, he likewise should be released.

      Milligan, however, was tried and sentenced to death by a military court. The question before the Supreme Court was whether this military court had jurisdiction to try Milligan (Milligan was a resident of Michigan, which was not in rebellion). Not only had Congress not given the military court such jurisdiction, but the Constitution forbade it.

      The Court did not, however, rule that the Act of 1863 suspending the writ of habeas corpus was unconstitutional, nor the President's use of it. Nor did it rule on the President's earlier suspension of the writ by executive order.

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      under-paid karma whore

    19. Re:Well.. by knobmaker · · Score: 1

      You say: "It's ingenuous to compare the treatment of criminals to the treatment of law abiding citizens."

      It is silly to pretend that the conversion of ever-greater numbers of citizens into criminals is not germane to a discussion of freedom. If your thesis is that citizens who do not wish to lose their freedoms ought to refrain from such ferociously criminal acts as smoking politically incorrect vegetables, then why are not more of our most powerful politicians in jail? Many of them have admitted to committing the same criminal acts. Justice so unevenly applied must be regarded as injustice, in any rational appraisal of the justice system.

      Then you say: "There have been miscarriages of justice throughout American history and it is similarly ingenuous use them to pillary the whole justice system."

      The "miscarriages" I referred to are systemic, not isolated aberrations, and the proof of this is indisputable. We jail many times the number of our citizens that other western democracies do. Is it your feeling that Americans are simply morally inferior to most of the other people in the world?

      Finally, let me ask you if, during the Jim Crow years, you would have regarded criticisms of the justice system as "ingenuous?"

    20. Re:Well.. by BeanThere · · Score: 2

      Can I have some examples of increased civil liberties?

      I don't know the details of all the laws etc, but don't forget that at the turn of the century women were not even allowed to vote in the USA. In the 1920's alcohol had been banned, but was later unbanned. There was institutionalized racism/segregation up until (I believe) +/- the 1940s (?), and in the previous century, outright slavery. Also, although being homosexual is still technically illegal in many states, this seems to be becoming legal in more and more places (along with a general culture of tolerance). Civil liberties that were curtailed during the McCarthy era also seem to have mostly found their way back (although its left its mark in the form of a distinctly knee-jerk anti-commy culture amongst the populace).

      The USA has an uglier human rights history than most Americans care to remember it as being, but in general over the last two centuries, civil liberties have been on the up and up. There does appear to be a current slight down-swing (over the last five to ten years) (it would seem initially due to corporate lobbying, e.g. DMCA, but now due to Sep 11), but on the whole I think things are a lot better now in the US than they were 50, 100 and 150 years ago.

    21. Re:Well.. by BeanThere · · Score: 2

      at the turn of the century

      Hehe .. what I meant was, the previous century that turned, not the most recent one, of course :)

    22. Re:Well.. by dgroskind · · Score: 1

      Since we're going to continue this thread a bit...

      Justice so unevenly applied must be regarded as injustice...

      It's a scandal what the rich and well-connected get away with but it is no worse now than it ever was. I can't see that using drugs is a right however harmless it may be. Refraining from using drugs, like refraining from jaywalking, doesn't put an intolerable burden on anyone. You're free to advocate changing the law but not to disobey it. No one fought and died at Concord for the right to smoke dope.

      Is it your feeling that Americans are simply morally inferior to most of the other people in the world?

      There is a general upward trend in the crime rate in Western countries in recent decades, although not as great as the U.S. In recent years the trend has reversed in the U.S. without any changes in the laws.

      During the Jim Crow years, you would have regarded criticisms of the justice system as "ingenuous?"

      The justice system is never above criticism. However, if there are a large number of miscarriages of justice it is not because people's legal rights have been systematically abridged or denied as they were under segregation. The right to an attorney and a speedy trial has been extended. The right to trial by jury is intact. The rules for probable cause are more strictly enforced than ever. The use of DNA testing exonerates people that would have previously been convicted.

      Freedom encompases more than legal rights:

      Most people feel more constrained by the pressure to conform to social norms than the law. In the last 30 years that social pressure has declined drastically as indicated by the rising divorce rate and the prevalence of cohabitation. People have more freedom in their private lives that ever before.

      The vast increase in the size of public universities means that more people than ever have access to higher education and the resulting upward mobility that education allows.

      More people have access to health care and better healthcare than ever before. The improvement in the nation's health is roughly indicated by the increase in the average lifespan.

      The U.S. is coming off the greatest period of economic growth in its history, which allowed more people to earn a decent living and even achieve great wealth. That prosperity provides the real freedom of choice that comes with economic security.

      These increases in tangible personal freedoms combined with the previously mentioned Supreme Court rulings make people alive today more free than any previous generation. If there is a challenge, it is to get people to exercise their political freedom. Rights that are unused tend to atrophy and that possibility poses a greater threat to freedom than government regulations.

    23. Re:Well.. by knobmaker · · Score: 1

      You said: "It's a scandal what the rich and well-connected get away with but it is no worse now than it ever was. I can't see that using drugs is a right however harmless it may be."

      You miss the point. Of course the rules have always been different for rich and poor, but the drug war is a sort of lottery that punishes the unlucky. If who becomes President and who becomes a convicted felon is decided by the flip of fate's coin, then there is a systemic problem. In any rational legal system, people should be punished for the harm they do, not for being in the wrong place at the wrong time. The drug war is used to further marginalize troublesome populations-- this is not debatable. Blacks and whites use drugs at roughly the same rates, You might find it interesting to look up who is more likely to go to jail for doing so. The ratios are astounding.

      And those who fought at Concord would be astonished to know that the government they gave so much to found has now taken it upon itself to tell Americans what they can ingest. Those who framed the Constitution would be astonished to learn that the interstate commerce clause has been twisted into a flimsy pretext for a federal police force dedicated to arresting citizens for possessing unpopular vegetables. If you were a student of the Constitution, you would be aware that it is not a defense of personal liberties. It is a regulatory framework that was intended to strictly limit the powers of the federal government. Nowhere in it is any plausible grant of power to regulate the substances used by Americans.

      "The justice system is never above criticism. However, if there are a large number of miscarriages of justice it is not because people's legal rights have been systematically abridged or denied as they were under segregation."

      This is your opinion, to which you are entitled. However, how do you explain the fact that a much larger percentage of black Americans are in prison now than were imprisoned during the worst of Jim Crow? If it is not due to systematic abridgement of rights, then what has caused this unfortunate situation?

      You then go on to make a series of assertions which appear to be directly contrary to the actual facts. You should perhaps check with the Justice Dept. for the applicable stats.

      You say: " The right to an attorney and a speedy trial has been extended."

      The facts are these: most sentences do not result from a trial, speedy or otherwise-- they result from plea bargains coerced from defendants under the threat of draconian sentences. Most defendants who must make do with public defenders will find that these lawyers, overworked and underpaid, frequently advise them to take these plea bargains, whether or not their clients claim innocence.

      You say: "The right to trial by jury is intact." See above. And there is a strong judicial movement to suppress the time-hallowed practice of jury information. See the Laura Kriho case. Or look up the rulings in the pre-trial motions of the late Peter McWilliams, who was enjoined against mentioning medical marijuana, even though that was the centerpiece of his defense. (For reasons that will become instantly understandable to anyone who learns about the case, Mcwilliams took a plea bargain. He died while awaiting sentencing.)

      "The rules for probable cause are more strictly enforced than ever." Incorrect. Recent rulings have advanced the notion that formerly inadmissable evidence may now be admitted if the police *believed* they were acting in "good faith."

      "The use of DNA testing exonerates people that would have previously been convicted." Again, you are not current. In just the last few days, a ruling came down that only those who did not accept a plea bargain can later demand DNA testing in an attempt to clear their names.

      I will certainly agree that most Americans do not fully value those rights that remain to them. But rights do not "atrophy" via some mysterious process unconnected with government. Rights are lost to the purposeful actions of governments, which is why the Founding Fathers gave us the Constitution. It is no longer respected, and has become largely impotent, which is a pity.

    24. Re:Well.. by dgroskind · · Score: 1

      Nowhere in it is any plausible grant of power to regulate the substances used by Americans.

      Actually, one of the first acts of the new republic was to suppress the Whiskey Rebellion in western Pennsylvania and thereby assert its right to that very thing. This power is not new. It is as old as the country. Every state of the union and every country in the West proscribes the use of drugs. Narcotics are treated as a public health issue, rightly or wrongly, and the authority of the government is clear in this area.

      ...they result from plea bargains coerced from defendants under the threat of draconian sentences.

      Plea bargaining is a result of the high crime rate, which has overwhelmed the justice system. Prosecutors are more often criticized for letting criminals get a lighter sentence to avoid the expense of a trial. What you are calling for is improvements to the current legal aid system, which is already an improvement over pre-Gideon vs. Wainwright.

      However, how do you explain the fact that a much larger percentage of black Americans are in prison now than were imprisoned during the worst of Jim Crow?

      I've never heard a single black commentator or politician suggest that blacks are worse off now than under segregation. Not one.

      Recent rulings have advanced the notion that formerly inadmissable evidence may now be admitted if the police *believed* they were acting in "good faith."

      Here you are glomming onto exceptions rather than rules. Mapp v. OH is a huge constraint on police lawlessness in collecting evidence.

      It seems to me your whole method of inquiry is to use exceptions and anomalies to support your thesis rather than the obvious trends. There is plenty wrong with the United States that should be corrected. But in nearly every category the U.S. appears headed in the right direction although more slowly that many would like.

      If there had been none of the 15 Supreme Court rulings I cited except Brown vs. Board of Education, America would still set the standard for civil liberties in the world, as it always has. It's pointless, even self-defeating, to hold America to a high standard by denying it's successes.

    25. Re:Well.. by parliboy · · Score: 1

      We have 2 million people in prison, a higher percentage than any other nation.

      Actually, I wonder if there is a study comparing the lifespan of inmates to the lifespan of the rest of American society over a period of time. That is: are people in prison's lifespans growing at a faster rate than those on the outside. And if so, how does that compare with the rest of the world: what type of lifespan can be expected in the proverbial Turkish prison?

      --
      "You're never ready, just less unprepared."
    26. Re:Well.. by Bobo+the+Space+Chimp · · Score: 1

      >> Nowhere in it is any plausible grant of power to
      >> regulate the substances used by Americans.
      >
      > Actually, one of the first acts of the new
      > republic was to suppress the Whiskey Rebellion in
      > western Pennsylvania and thereby assert its right
      > to that very thing.

      Actually, the Whiskey Rebellion was about the government laying sin taxes for the purpose of taxes and not for the purpose of reducing sin.

      --
      I am for the complete Trantorization of Earth.
    27. Re:Well.. by dgroskind · · Score: 1

      Actually, the Whiskey Rebellion was about the government laying sin taxes for the purpose of taxes and not for the purpose of reducing sin.

      True and I agree the connection between controling drugs and taxing liquor is not perfect. George Washington himself ran a successful distillery at Mt. Vernon, which further emphasizes the difference.

      However, in the context of this discussion, taxing liquor illustrates how the U.S. has historically treated intoxicants like any other substance for the purposes of taxation and. regulation. Therefore, there's no new loss of rights in the U.S.'s current efforts to control drugs, which might broadly be called intoxicants.

      Even when Prohibition was repealed, the repeal amendment specifically left control of liquor to the states. Similarly, even if the federal government were to get out of the drug enforcement business, the states could continue to ban them.

      There are many good reasons to legalize drugs but a Constitutional right isn't one of them. Such a right might make it illegal to fire airline pilots and bus drivers who were under the influence of drugs the way they can't be fired for their political opinions.

  2. Re:These Are The Terms by Fecal+Troll+Matter · · Score: 0, Informative

    Thomas Jefferson fucked slaves.

  3. Presidential Authority in wartime by jgaynor · · Score: 2, Flamebait

    Taken from Here.

    This nation (The U.S.) has been gearing up for internal problems for many years.

    Hundreds of Presidential Executive Orders have been issued to allow emergency powers under any type of crisis - perceived or real. A Presidential Executive Order, whether Constitutional or not, becomes law simply by its publication in the Federal Registry, bypassing Congress completely. Here are just a few Executive Orders that would suspend the Constitution and the Bill of Rights. These Executive Orders have been on record for nearly 30 years and could be enacted by the simple stroke of a presidential pen:

    PEO10990 allows the government to take over all modes of transportation and control of highways and seaports.

    PEO10995 allows the government to seize and control the communication media.

    PEO10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

    PEO10998 allows the government to take control of all food sources and farms.

    PEO11000 allows the government to mobilize civilians into work brigades under government supervision.

    PEO11001 allows the government to take over all health, education and welfare functions.

    PEO11002 designates the Postmaster General to operate a national registration of all persons.

    PEO11003 allows the government to seize control of all airports and aircraft, including commercial aircraft.

    PEO11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

    PEO11005 allows the government to take control of railroads, inland waterways and public storage facilities.

    PEO11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

    PEO11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

    Without Congressional approval, the President now has the power to transfer whole populations to any part of the country, the power to suspend the Press and to enforce a national registration of all persons. The President, in essence, has dictatorial powers never provided to him under the Constitution. The President has the power to suspend the Bill of Rights in any real or perceived emergency. Unlike Lincoln or Roosevelt, these powers are not derived from any wartime need, but from *any* crisis-- domestic or foreign, hostile or economic.

    Scary, huh?

    1. Re:Presidential Authority in wartime by t_allardyce · · Score: 1

      Cool, so if theres no law does that mean i can shoot that f*cking ape G.W Bush now? oh, no, wait a sec. It isn't actually a war, unless nowdays you can declare war on anything that p*sses you off "ooh, i'm declaring war on gum on streets that keeps sticking to my shoes, now i can get full control of the country"

      America has no freedom :-)

      --
      This comment does not represent the views or opinions of the user.
  4. Somebody explain something to me by Zen+Mastuh · · Score: 5, Interesting

    IAAA (I am an American), but I don't understand why we are at war--especially with Afghanistan. We were attacked by people who have never claimed responsibility. It is possible that all who were involved perished in the crashes. Our government and the major media want us to believe that Osama ibn Laden was responsible, despite the fact that he actually claims responsibility for his attacks. He is a guest of the Taleban, who has told us (since 9/xx) that they will turn him over upon receipt of conclusive evidence. The Taleban has offered to negotiate several times; meanwhile, Bush's claim that "we will use Diplomacy" remains untrue (he has rejected every offer). Bush refuses to turn over any evidence, citing "National Security"--does that mean that Americans would riot in the streets if they knew what was really happening? Now we are bombing the shit out of the poorest nation in the world because they are bound under their Holy Law to protect their guest. We slander them on TV with false stories about opium (which can't grow in a four-year drought...), while we are using neighboring Uzbehkistan--#2 worldwide in opium production--as an air base for our troop transports, just like we did with Laos/Cambodia during VietNam (search on google.com for Bo Gritz if this doesn't ring a bell).

    Back to the topic, our politicians and lobbyists are shredding the Constitution with the full support of the misled American majority. This wasn't in the EULA. I wish to move to a country with more civil liberties, such as Germany.

    --
    "What is the sound of one belly slapping?"
    1. Re:Somebody explain something to me by drsoran · · Score: 1, Troll

      Back to the topic, our politicians and lobbyists are shredding the Constitution with the full support of the misled American majority. This wasn't in the EULA. I wish to move to a country with more civil liberties, such as Germany.

      Well, not to fall for your troll, but you're free to leave the United States of America at anytime you wish. Unlike other countries we don't force our citizens to stay here. Nor do we execute you for voicing your opinion against the government. Such is the beauty of freedom. Now go stick your head back in the sand or book that one way trip to Germany and leave the rest of us alone.

      Oh yea, PS: You're not going to find many places in Europe that are sympathetic to Osama bin Laden either. Might I suggest Indonesia, Iraq, Yemen, Lebanon, Libya, or Iran as your new homeland?

    2. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      Great, now you're quoting King of the Hill. Reeeeal clever there. You are a true comedic genius the likes of which the world has never seen.

      -The AC Avenger!!!!

    3. Re:Somebody explain something to me by evilmonkey_666 · · Score: 0

      "Such is the beauty of freedom"

      Land of the free huh?

      As of you last election your country is no longer a democracy. You are now ruled by a dictator, not a president elected by a majority.

      Some Americans are dumb. Esp your so called president.

      --


      - PS. This is what part of the alphabet would look like if Q and R where eliminated.
    4. Re:Somebody explain something to me by Zen+Mastuh · · Score: 2

      So typical--you can't dispute the facts, so you suggest I "stick your head back in the sand ... leave the rest of us alone". I believe that your head has been in the sand or the equivalent (TV). It's amazing that nearly every war hawk resorts to ad hominem attacks these days.

      I'm not trolling, I just want my god-damn free country back.

      --
      "What is the sound of one belly slapping?"
    5. Re:Somebody explain something to me by Rogerborg · · Score: 2
      • You're not going to find many places in Europe that are sympathetic to Osama bin Laden either

      The relevance to a discussion about the USA being...?

      Oh, wait, I forgot: This is a war of good against evil. bin Laden is clearly evil, but if you think that immediately qualifies the USA as the good guys, then you've been watching too many 1930's cowboy flicks. This is evil against evil.

      Incidentally, the Welsh National Party (Welsh pride, not anti-Welsh hatred) Plaid Cymru has unequivocably denounced the UK participation in military action in Afghanistan. Don't judge all of Europe based on Mr Tony Blair's sycophantic fawning and posturing.

      --
      If you were blocking sigs, you wouldn't have to read this.
    6. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      drsoran is a fucking moron. He's the same snivveling pussy who told everyone who works for the gov't to STFU about talking about Unix last week, and if you research some of his past posts, he's perfectly content to bomb the third world back to the stone age regardless of geopolitical consequenses. I guess they've got Internet access in Alabama now.

    7. Re:Somebody explain something to me by Gaijin42 · · Score: 1

      Remember, clinton was elected by a plurality, not a majority.

    8. Re:Somebody explain something to me by jazman_777 · · Score: 1
      IAAA (I am an American), but I don't understand why we are at war--especially with Afghanistan.


      We aren't, because Congress hasn't declared war on Afghanistan. We're just bombing them, which could mean many things. Say, a police action, or a peace-keeping mission, or maybe some humanitarian aid. But one thing it's not: a war.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    9. Re:Somebody explain something to me by Tyrant+Chang · · Score: 1

      I believe the reason why US government is not sharing the evidence is for intelligence and national security issues not because "Americans would riot in the street if they knew what was really happening." If US government was to release the evidence, it will allow the Taliban and other hostile groups to figure out the intelligence capabilities of US as well as go on a spy witch hunt which probably hurt US intelligence capabilities. During the Cold War, CIA knew of many Soviet spies and plots but did nothing so that their sources in the Soviet KGB would not be compromised (not that is really did considering what ames did).

      Furthermore, suspending parts of Constitution during war happens all the time. Abram Lincoln did that a lot during Civil War (although it was struck down in Supreme Court) as well as Roosevelt. It is all about check and balances between executive and the judicial at that point.

      Also I belive that by negotiating with the Taliban, it gives that legitimacy - how can you have diplomacy with a government that you don't recognize?

      While I share your skepticism with what US government is doing, I believe it is also naive not to be skeptical with what Taliban is saying. I believe that sharing evidence has no positives and all negatives. I belive that Taliban is lying when they say they will turn over bin Ladin when they get the evidence. Remeber, they have documented history of lying - yeah, Taliban saying let's solve this through diplomacy - I say bulls***.

    10. Re:Somebody explain something to me by Nematode · · Score: 1
      Nor do we execute you for voicing your opinion against the government. Such is the beauty of freedom.
      I found a fairly interesting article at CityPaper describing some of the treatment that writers are getting, when they express an opinion that sounds like dissent, or questioning the administration's reactions to the terrorist attacks. While the administration itself has "only" been guilty of suggesting that dissenters kindly shut up, the citizenry hasn't been quite so restrained, threatening violence and occasionally death against writers who don't seem to be quite patriotic enough. Regardless of how you view the attacks and the response to them, the irony is hard to miss.
    11. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      What are you talking about? I've been posting on here for a long time and only recently has this place become such a breeding ground for kids like you. Don't they teach you humor or sarcasm in school anymore? Slashdot has been a victim of its own success unfortunately. The site reeks of hypocrisy now. On one hand we have people complaining about the government taking away freedom and privacy and on the other we have Slashbot moderators bitchslapping you for saying something that the rest of the flock might not agree with. Utterly amazing. So I guess I should be a nice little karma whore and stick to nice non-controversial topics like talking about how wonderful Linux is and how much Microsoft sucks. Do you idiots honestly think I would bother trolling under my own account if that's what I was intending to do? You moderators are NOT reading the guidelines that promote moderating UP instead of down. The moderation system was not meant to punish people because they have a difference of opinion from the moderators, it was meant to stop the god damned goatse.cx trollers and blatant trolls posting shit that is completely offtopic. Oh well. I guess I'm not suprised that Slashdot is the way it is. Look around. Almost everyone posting has a user account in the hundreds of thousands meaning many people that used to post here have abandonded this site.. probably out of disgust for the monstrosity it has turned into. Have a nice day A.Coward. It's time for me to sign off as well and move on to more mature sites that don't censor peoples' opinions so blatantly.

    12. Re:Somebody explain something to me by w9ofa · · Score: 1

      Now we are bombing the shit out of the poorest nation in the world because they are bound under their Holy Law to protect their guest. That's bullshit. The Koran clearly defines Jihad as being a holy war only against soldiers who are oppressing Muslims. It forbids attacking women or children, or attacking buildings or anything that isn't involved in the conflict. The followers of bin Laden are to Muslims as people who kill abortion activists are to Christians. I just wish that mainstream Islam would be more active in denoucing the attempts of these extremists to soil their religion. Their attempts to characterize bin Laden as a "guest" protected by Sharia is thin at best. The reason they won't give up bin Laden is because he is the backbone of the Taliban's power. He is a folk hero in Afghanistan, but if Afghans knew the real truth I think they would change their views.

    13. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      So, I take it then that if someone from another country accused your President Bush of being behind terrorist activities, and used the above argument not to provide any evidence, you'd hand him straight over? Right?

    14. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      Heh, and you posted as an AC....

    15. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      I certainly would! I'd hand the Paper Tiger Bush over at the flimsiest of pretexts.

    16. Re:Somebody explain something to me by Tyrant+Chang · · Score: 1

      Well, if were a government, then it would usually be war anyway. Taliban is not a legitimate government so your analogy is not valid.

    17. Re:Somebody explain something to me by punkki · · Score: 1

      Would US of A hand over anybody that is accused of a crime without seeing the evidence against the culprit?

    18. Re:Somebody explain something to me by Anonymous Coward · · Score: 0
      I'm not trolling, I just want my god-damn free country back.

      Actually there are tendencies to introduce new, and mostly rather stupid, laws in other countries, too. As a German who's living in England for the time being again I should know 8-)

      You must keep in mind though that in times of a crisis, a real one and not this so called war of which the US has not had one for many years, it can quite well make sense to change the rules. There is never something like complete and total freedom as mankind is not developed enough to be able handle this so it comes down to finding the balance between individual freedom and the safety and wellbeing of all.

      For the rest ? I must admit the reply you got was a rather sorry one and less insightful than a rather typical display of dumbass ignorance. Up yet I to would like to see a proof for OBL's involvement, not matter what else and up yet I would like to see the people of the US realising what the US has done wrong in the best, yet truths can hurt a weak nation considering herself more strong than she is.

    19. Re:Somebody explain something to me by btellier · · Score: 1

      >We were attacked by people who have never claimed responsibility. It is possible that all who were involved perished in the crashes.

      Good lord I love this argument. It's the easiest argument of all to dispute. The people who were on those planes have long histories which the US can trace back many years. During that time many of them were attending flight school and praying for the rest of the time. Where's the money to spend $30,000 on that coming from? The United States Government traced back these funds to other followers and soldiers of Osama bin Laden's army.

      In addition, many of the people involved in the hijackings have been seen meeting three or four times with Taliban and Osama officials to discuss plans unknown. They've also been observed talking to Iraqi agents as well as dozens of others from Afghanistan and surrounding nations.

      Anyone who doesn't think this is a multi-faceted conspiracy is seriously deluding themselves.

      I would love to hear YOUR plan for stopping further acts of terrorism. Perhaps you're on the boat of people who believes that "if we had only given guns to the pilots this would never have happend". Perhaps you believe that if we simply withdraw all US presence (military, government, financial, tourist) in all Arab countries this will stop. Forget it. A man as obviously insane as Osama Bin Laden NEEDS an enemy. He NEEDS to have a Jihad just like Hitler needed someone to blame. No matter what the US and the rest of the world does it would never be enough. He will find an enemy.

      Why wait?

    20. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      groan Normally I would take a post like this head on, but I just don't have the energy. They say one should try and suffer fools gladly, but it's so damn hard. The ignorance and cynicism has just worn me down.

      What's amazing is that people like this will believe anything a Nazi-like regime tells them, but will discount everything the US government tells them. They do this because it's makes them feel "clued in". Hey, look at me! Look at how smart I am by assuming the US government lies about everything! Look how open minded I am by believing everything the enemies of freedom tell me!

      As for moving to Germany, I suggest you travel the world before you assume the US is a bad place. It's clear that you have never travelled outside the US. You may be unhappy with some of the very minor modifications of civil liberties that have taken place (if you think they are more than very minor, you can't take that as a clue that you are totally ignorant and reactionary), but the US as far, far, far the most civil liberties of any country in the world.

      Get a clue from somewhere other than the typical teenage college student Slashdotter who knows nothing.

    21. Re:Somebody explain something to me by Mike+Schiraldi · · Score: 2

      Whether bin Laden was behind the WTC attacks, he has claimed responsibility for other terrorist attacks in the past. The Taliban government breeds and shelters him and others like him.

    22. Re:Somebody explain something to me by litheum · · Score: 1

      I went for this shit, too, until I saw video (from Spanish television no less) showing women beaten in the streets for not fully covering their bodies and being shot in their soccer stadium-cum-executionary. Maybe Bin Laden didn't do this, and maybe Afghanistan is the poorest nation in the world. But Bin Laden is a dick and he's definitely fucked with us enough to warrant a good shoe to the ass. And the Taliban doesn't seem to really have healthy economic development as a high priority. Get rid of their misled oppression and maybe someone else could try a little harder to make a working nation.

    23. Re:Somebody explain something to me by rgmoore · · Score: 2, Insightful
      He is a folk hero in Afghanistan, but if Afghans knew the real truth I think they would change their views.

      I'm not so sure if people would change their views. It may be true that bin Laden's actions are actually contrary to the teachings of the Koran, but it's also true that most religions as practiced do not strictly follow their own holy books. (Or, linking back to the main topic, the U.S. Government is not always in strict adherence to the Constitution.) It seems pretty clear that many Moslems- including many of their religious teachers, particularly the ones in Afgahnistan- believe that the attacks are in perfect accord with Islam. As long as those people have learned their Islam that way, they probably won't change their views about the justice of the attacks.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    24. Re:Somebody explain something to me by alexhmit01 · · Score: 1, Troll

      I'm not trolling, I just want my god-damn free country back.

      Then take it back. You're welcome to leave and find a new free country, or do something to keep this one free. What branch of the armed services are you in? What's your rank? Assignment?

      Oh wait, that's right, this is Slashdot. You are entitled to everything. Newsflash, the Declaration of Independance and the Constitution are wonder implementations of enlighted philosophies. Their ability to exist was won with blood of patriots.

      You and I, as civilians, sit here in the lap of luxury. We enjoy the freedom protects and provided by the men that gave their lives for the cause of freedom.

      You then log on, and demand something?

      If you believe that your free country is being taken from you, then go help the men and women that are defending it from foreign invaders. If you think that the government is enacting martial law through a fake war? Where is your gun? Where is your militia? Why aren't you fighting a revolution.

      Freedom doesn't come easily or cheap. I cherish the priviliges of being a free American. To keep our "infidel" government in power, I'm willing to sacrifice the rights and liberties of EVERY SINGLE non-American, whether they live in the United States or abroad. If you hate this country, then leave. If you hate this government, then either leave or topple it. Why doesn't everyone that hates this government and seems to think that there would be some poetic justice in it falling do what they promised to do before the last election and leave the country.




      A civilian appreciative of those sacrifices their lives so that I may enjoy the freedom that they provide,
      Alex
    25. Re:Somebody explain something to me by Anonymous Coward · · Score: 0
      I would like to see the people of the US realising what the US has done wrong in the best, yet truths can hurt a weak nation considering herself more strong than she is.

      Suck it Eurocunt! Europe is the land of weak bitches.

      Hey German boy, a little bitter that we kicked your ass in two world wars. Your pathetic country doesn't even believe in freedom of speech.

      I'm sick of these Eurobitches trying to put down our country. They have been brain-washed by their leftist-media and left-leaning culture. They have absolutely no clue.

    26. Re:Somebody explain something to me by nathanh · · Score: 2
      IAAA (I am an American), but I don't understand why we are at war--especially with Afghanistan. We were attacked by people who have never claimed responsibility. It is possible that all who were involved perished in the crashes. Our government and the major media want us to believe that Osama ibn Laden was responsible, despite the fact that he actually claims responsibility for his attacks. He is a guest of the Taleban, who has told us (since 9/xx) that they will turn him over upon receipt of conclusive evidence.

      The USA government has declared "war" on all terrorists and anybody that provides safe havens for terrorists.

      There is no publically available and conclusive evidence that Osama Bin Laden is responsible for Sept 11. This doesn't matter. He has claimed to be responsible for other terrorist attacks. For example, the attack on the USS Cole with 19 dead and many more injured. The USA government knows that the Taliban are providing a safe haven for him and the USA have now said "hand him over he is wanted for past crimes and for questioning on a new one". The Taliban have refused to hand him over. The USA has responded with force.

      Now you might question the right of the USA to make these sorts of demands. I'm not an expert on international law, but Australia had some well publicised trouble trying to extradite a criminal named "Christopher Skase". Basically Australia had no rights in the matter and the foreign govt had every right to reject Australia's demands.

      You might also question the hypocrisy of the USA government. They actively sponsored terrorism against the Soviets by training Osama Bin Laden and providing him with weapons. Is the USA govt any better than the Taliban?

      You might also question whether we've been fed the entire truth. The popular media says that Osama is responsibile for the USS Cole bombings by providing funding to the suicide bombers. Is this true? I don't know.

    27. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      These college kids think its "cool and in" to be little leftists and peaceniks.

    28. Re:Somebody explain something to me by carping · · Score: 1

      It is possible that all who were involved perished in the crashes.

      Anything is possible, but I'd say that is not bloody likely.

      Our government and the major media want us to believe that Osama ibn Laden was responsible, despite the fact that he actually claims responsibility for his attacks.

      I'm assuming you meant "...He actually does NOT claim responsibility..." What you claim and whether you have done something are two different issues. He has never claimed responsibility for other terrorist attacks he has been linked to. More on that later.

      He is a guest of the Taleban, who has told us (since 9/xx) that they will turn him over upon receipt of conclusive evidence. The Taleban has offered to negotiate several times; meanwhile, Bush's claim that "we will use Diplomacy" remains untrue (he has rejected every offer).

      I'm not sure that it matters diplomatically if you are guest of anyone if you commit a crime as defined in the UN charter. You are correct that the Taleban has said they would like to see evidence of the crime committed. We have done that in the past. In 1993(?) with the first bombing of the WTC. We sent evidence firmly linking him to the bombing and the Taleban would not hand him over. After the embassy bombing in Kenya in which one of the individuals who carried out the attack survived and directly implicated Bin Laden we gave the evidence to the Taleban to no effect. Hence Clinton's cruse missile attack. And now this. I hate using sports analogies but three strikes, you know. They could have handed him over for at least two good reasons (not including the Cole and another failed attack on a US warship).

      Bush refuses to turn over any evidence, citing "National Security"--does that mean that Americans would riot in the streets if they knew what was really happening?

      No I think it means valuable assets, be they human or otherwise could be destroyed but leaking the source of the information. An asset that may prevent attacks from occurring in the future.

      Now we are bombing the shit out of the poorest nation in the world because they are bound under their Holy Law to protect their guest.

      They are no where near the poorest nation in the world, which is truly a sad statement considering how screwed up they are. Kiribati, Mali, Madagascar, Yemen, Tuvalu, Comoros, Eritrea, Burundi, Congo (Democratic Republic of the), Cambodia, Tanzania, Somalia, Mayotte, Ethiopia, Sierra Leone are all poorer. I believe if you asked almost any Muslim cleric anywhere in the world if the authorities had the right to apprehend a wanted criminal in spite of the fact he was a guest, they would have no problem with that. The Taliban believe in a perverted tribal version of Islam that makes most of the Islamic world cringe. Do them no dishonor by honoring the arbitrary dictates of what the Taliban call "Holy Law".

      We slander them on TV with false stories about opium (which can't grow in a four-year drought...), while we are using neighboring Uzbehkistan--#2 worldwide in opium production--as an air base for our troop transports, just like we did with Laos/Cambodia during VietNam (search on google.com for Bo Gritz if this doesn't ring a bell).

      Dought does not effect all plants nor all areas equally. It does not mean that there is no water, it means there is less. If you had only enough water for one acre would you plant Barley or Opium? Remember how much money opium goes for per kilo. Besides have you ever heard of stockpiles? Processed opium lasts. Personally I think the whole area is screwed, so I won't get started there and I certainly won't defend the governments choice of allies and enemies.

      Back to the topic, our politicians and lobbyists are shredding the Constitution with the full support of the misled American majority. This wasn't in the EULA. I wish to move to a country with more civil liberties, such as Germany.

      According to Hobbes there was no EULA, except way back when, when people decide to live together. The Constitution isn't being shredded. The Constitution doesn't bar corporations from screwing you, or from politicians screwing you, or from friends and neighbors screwing you. It just sets up a set of rules which allow us to make and change rules (that generally screw you).

      I'm not trolling, I just want my god-damn free country back.

      It was never yours. It's ours.

      It wasn't a tragedy, it was an atrocity.

    29. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      Ok, I'll explain it to you.

      The point of the current activity is not just (or even particularly) to bring to justice those directly responsible for 9/11.

      The most important task is to prevent further attacks by disarming or destroying those who espouse terrorist tactics, especially against us.

      Whether it is because of someone's "Holy Law" that they support attacks against is irrelevant.

      Your claim that diplomacy has been neglected is silly in the face of the virtually worldwide coalition Bush has formed in support of US actions. Oh, you thought he meant he would diplomatically engage the terrorists and their supporters? Wrong.

      As for the drug thing, nobody much cares. I haven't heard anyone in authority cite it as a motivation for the US actions.

    30. Re:Somebody explain something to me by psych031337 · · Score: 2
      Then take it back. You're welcome to leave and find a new free country, or do something to keep this one free. What branch of the armed services are you in? What's your rank? Assignment?


      To speak of me, I have served 4 years in the german army (ground troops), left as a second lieutenant from an engineering/pioneering bataillon and was assigned to the communication platoon there. Been on two international "peace-keeping missions". And I am just two inches away from being redrafted (suppose that is not the correct term, but what the heck) because of the middle eastern conflicts.

      ...and to relate to the quoted part - toppling a government (as in "keeping this one free") is usually a result of opposing the current legislators instead of marching along in the military.

      I currently think, that the world would be better off if all military and diplomatic actions were primarily done by the NATO with the US in the back of the truck, instead of the other way around. Maybe the military allies (which currently consist of the US and UK troops and international promises) will force "peace" upon the area - but they will leave enough hate back there for another 100 years of war and bloodshed (and, of course, terror).

      Leaving all the decisions to the NATO would probably slow down the attacks, but might result in wiser decisions. Picture this, people, this is the rare case in which a hurt person (the USA) have the possibility of direct revenge and punishment against those they consider responsible.

      Imagine someone walks up to and smacks your face. Will there be ever any law or court that will allow to retaliate directly be punching back? No? Then why not? Maybe the hurt person might overreact, therefore creating more pain instead of getting his "just retaliation". There always has to be a mediating party in the middle taking the heat out of the two agressors.

      Well, my english sucks, and it's getting late over here. I hope you have understood what I'm trying to get around.
      --
      +++ath0
    31. Re:Somebody explain something to me by innocent_white_lamb · · Score: 1

      If US government was to release the evidence, it will allow the Taliban and other hostile groups to figure out the intelligence capabilities of US ----> Which leads the the following obvious (to me, anyway) question:

      If the evidence againts ol' Whatzisnme is so secret, etc. etc., then exactly how does the US propose to give him a fair trial? "Sorry, nobody can see the evidence, but he's guilty anyway" sounds like a banana republic or Stalinist approach. I hope that the US isn't planning to simply shoot him out-of-hand and leave it at that. That would be truly frightening....

      --
      If you're a zombie and you know it, bite your friend!
    32. Re:Somebody explain something to me by AndroSyn · · Score: 1

      Congress did however pass a measure authorizing President Bush to take military action against those who are responsible. Not your traditional war declaration, but it was Congresss giving him the okay and the money to use the military in whatever way he felt necessary.

      So technically not your declaration of war, but the same damn effect at the end of the day.

    33. Re:Somebody explain something to me by imrdkl · · Score: 1
      IAAA too. In fact, an ex-patriate American, but just as proud to be an American as anyone of you sitting on that side of the pond. Over here they expect a behavior from us which requires that attitude. It ain't easy being Us sometimes.

      With that said, I also say I am also concerned (as you are) that that some truth is being buried, or ignored, or simply drowned out by the blood of our countrymen crying out for justice.

      I dont know if there is a way to dispense such justice, outside from the hand of God. The type of justice we need, that which we always demand as Americans, is based on the truth. And the truth is not so very easy to find in the world of terrorists and hatred.

      In fact, to find the truth may, at it's very foundation, be primarily a matter of faith right now. From George Bush's faith, right on down to the faith of the homeless person on the street, we Americans have never needed faith so much, perhaps.

      OTOH, open discussions, like this one, probably wont be going away anytime soon. But the most important point is, that those 5000 people had just as much right to participate in this discussion as you and I. And thats why there's a fight. We're taking our best shot at proecting our friendly, but oftentimes naive and all-too-sheltered population from a world which perhaps wishes that they too could be so blissful and open. It may work, or it may be another embarassment, but either way it's gotta be done.

      And meanwhile, we Americans will grow up a little. A sad but inevitable consequence. Which way we grow is the real question now. But we've had a good upbringing, so to speak. Dont forget that. Hold on to freedom.

    34. Re:Somebody explain something to me by ryu-kun · · Score: 1

      Attacking a government with little political power or money will not solve a thing. There are other means to resolving the conflict with the Taliban. Now, don't get me wrong, I don't have much sympathy for bin Laden and his group of hypocratic thugs. But killing one head will make 10 meaner, nastier, and certainly more imaginative grow back.

      In addition, we can't exactly expect nobody to give a damn if we get unstable governments to fight OUR wars and backstab them in the process. This goes both ways, mind you.

    35. Re:Somebody explain something to me by jazman_777 · · Score: 1
      Congress did however pass a measure authorizing President Bush to take military action against those who are responsible. Not your traditional war declaration, but it was Congresss giving him the okay and the money to use the military in whatever way he felt necessary.

      So technically not your declaration of war, but the same damn effect at the end of the day.



      A declaration of war: the Prez can bomb a country.
      What Congress did: the Prez can do just about anything.
      Big difference.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    36. Re:Somebody explain something to me by Droxun · · Score: 1

      Osam bin Laden has claimed responsibility for other terrorist attacks against the US. We have it on videotape, he has openly admitted to attacking the US with terrorist attacks. That is all the proof we need. Most of the terrorists that were on the planes have already been linked to Osama bin Laden's terrorist network not to mention the fact that Osama bin Laden, for the last year, has announced that a "big" terrorist attack would happen to the US very soon. In the past bin Laden has had terrorist attacks performed and has not taken credit for it, he has simply said "its the jihad" or "it is the peopl rising up" even though there was solid evidence linking it to him. If Osama had the balls to openly admit that he fiananced and planned the Sept 11 terrorist attacks then the ENTIRE world would be against him and the Taliban. THEY would be the guilty ones. Right now the Taliban are trying to play the role of the innocent to simply get more people fighting for them. Bottom line is, Osama is a terrorist, he openly admits it, he needs to share a jail cell with Big Ol' Bubba for the remainder of his life.

    37. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      Please provide a link quoting bin Laden as claiming responsibility for the Cole attack. Good luck.

    38. Re:Somebody explain something to me by Kwil · · Score: 1

      The popular media says that Osama is responsibile for the USS Cole bombings by providing funding to the suicide bombers. Is this true? I don't know.

      While I don't know if he's actually claimed responsibility, from what the media showed of the "terrorist training videos", it does look like there's several shots of the USS Cole in it, followed by Osama saying something that I couldn't understand.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    39. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      if you don't love your country than get the fuck out. that goes for anyone anywhere.

    40. Re:Somebody explain something to me by jafac · · Score: 2

      Bush is using Diplomacy to unite the coalition. You don't use diplomacy on criminals. You use them on recognized legitimate governments. The Taliban are not the legitimate recognized government of Afghanistan, never have been, and never will be.
      With the exception of two tin-pot dictatorships, and the foreign power that created them to keep Afghanistan off their back (namely Pakistan) - nobody recognizes the Taliban.

      True, the Taliban are probably extending Nanawatai to OBL (Nanawatai is the sacred Pashtun tradition that binds the Taliban to shelter and protect OBL - it has nothing at all to do with Sharia, Islamic Law - it's a tradition unique to the Pashtun). We're in a bind as far as evidence goes - we have shown evidence to most other nations of the world - who have agreed that bin Laden is guilty.

      If we show evidence to the Taliban, it could compromise our information gathering methods, because they could shut them down. It doesn't take a genius to understand that we could have under cover agents' lives at stake. I'm sure that the Taliban and Al Qaeda would love to know the source of any information leaks.

      So if these facts aren't good enough for the Taliban, then they're just going to have to eat bombs for breakfast - because Justice is coming whether they like it or not. It's too bad that the poor Afghan citizens are going to get caught in the middle, but hasn't that been the way of things for much of human history? They say that the best form of government is a benevolent dictatorship. The problem is finding a benevolent dictator.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    41. Re:Somebody explain something to me by dublin · · Score: 2

      There is no publically available and conclusive evidence that Osama Bin Laden is responsible for Sept 11.

      Clearly, you haven't been reading the papers: Tony Blair recently released some pretty damning evidence, evidence that was strong enough to convince Pakistan's ruler that binLaden was guilty "beyond any reasonable doubt." (In fact, after being brifed on this info by Sec'y Powell, he said that it should be made public. Blair released it the next day.

      Bin Laden is guilty as hell, and there is NO doubt of that. Regardless, the US is under NO obligation whatsoever to subject clear any efforts to bring bin Laden to justice with the Taliban. We can and should go after him directly. WIth international cooperation, if possible, without it , if not. It's time for terrorism to go the way of piracy on the high seas, and there's no other way to do that than to destroy the terrorists continually over a period of decades, until they die out. Unfortunately, the innate violence and hatred of the Islamic faith may make this a long and difficult battle. (Don't be deceived by the current reporting: we have 1400 years of history to prove that Islam is anything but "a religion of peace".)

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    42. Re:Somebody explain something to me by Twylite · · Score: 2

      A history that began when another "religion of peace" said 'Hey, let's slaughter these godless bastards'.

      Hardly a way to find out their true way of life, is it?

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    43. Re:Somebody explain something to me by Guppy06 · · Score: 2

      "We were attacked by people who have never claimed responsibility."

      Claiming responsibility for terrorist attacks is SO 80's. Like back when terrorist groups worked for a single state intelligence arms and had specific political goals. The idea here wasn't to use fear to modify political policy, the idea was to kill a bunch of Americans and make the survivors fearful of God's wrath in general.

      "It is possible that all who were involved perished in the crashes."

      I believe it was our Attourney General who pointed out that terrorists don't function in a vacuum. They needed money to function in the US (pay the rent, utilities, bills), to buy the plane tickets, to pay for the flight lessons, to get into the country to begin with. Somebody needed to supply the money, and somebody else needed to launder it. If ALL of those people were on those planes, there'd need to be a lot more than four planes.

      "Our government and the major media want us to believe that Osama ibn Laden was responsible, despite the fact that he actually claims responsibility for his attacks."

      He does? Find me a source that has him quoted as taking responsibility for the USS Cole, the East Africa embassy bombings, or any of the other terrorist attacks (successful or failed) that have his name all over it through the shear coordination of the attacks. I'll bet you can't, because he doesn't care whether we know it or not.

      " He is a guest of the Taleban, who has told us (since 9/xx) that they will turn him over upon receipt of conclusive evidence."

      1.) "Conclusive" is such a broad term. What is conclusive for us (and just about any rational person) may still be considered "inconclusive" to them. They can hire themselves Johnny Cocharin.

      2.) They did NOT say they would turn him over to us. The furthest they've gone is saying they'd turn him over to a "third party." To me that sounds like Iraq.

      3.) We've had all sorts of evidence in his previous attacks (Cole, Africa), but in both of those cases they saw fit to continue providing him shelter. It would appear that the ONLY reason they've said as much as they've said now is because we're actively dropping bombs on their heads. Even this time around they started with "We won't do anything," moved on to "We'll try him in one of our courts," and only now arrived at "We'll send him to a third party."

      And finally, note that the people saying this are the same people who have been saying for years that they have taken away his ability to perform any terrorist attacks. That's what they said before the East Africa bombings, that's what they said before the Cole bombing, and that's what they've been saying before, during, and after September 11. With a line like that, why should be believe anything they say?

      "The Taleban has offered to negotiate several times;"

      Find me the earliest time they offered to negotiate, and I will find you a threat (or actual application) of force coming from the United States that predates it.

      ... and "negotiation" is infinitely more than they offered for Osama's previous attacks and our wishy-washy responses.

      "Bush's claim that "we will use Diplomacy" remains untrue (he has rejected every offer)."

      What, did you misinterpret his "We will not discuss or negotiate" statement? (Which is quite similar to what the the Taliban has said about bin Laden in the years prior to September 11...)

      "Bush refuses to turn over any evidence, citing "National Security"--does that mean that Americans would riot in the streets if they knew what was really happening?"

      No, it means that making the evidence public knowledge at this time would compromise the sources of that information. Which is worse, having folks like you run around with conspiracy theories, or having informants slowly disemboweled over the course of several days? It's nice to know that you put your own peace-of-mind over the well-being of people risking their lives to provide information.

      So far, everybody that Bush has seen fit to divulge information to has reiterated that the evidence is conclusive and more than enough to indict on. And if the French are able and willing to go that far to say that, it must be good.

      "Now we are bombing the shit out of the poorest nation in the world because they are bound under their Holy Law to protect their guest."

      No, their leaders are acting bound by their own interpretation of holy law to protect someone they probably shouldn't have accepted as a guest to begin with. And the fact that he's so welcomed as a guest casts doubt on the "innocence" of the Taliban.

      "We slander them on TV with false stories about opium (which can't grow in a four-year drought...),"

      Poppies are rugged (how do you think they were able to grow in Afghanistan to begin with?), and can grow quite well when most of what is left of the still-airable land is devoted to them (which it is).

      "while we are using neighboring Uzbehkistan--#2 worldwide in opium production--"

      So, who's number one? Did you just shoot down your own statement? And you don't mention whether the Uzbek government is actively trying to stop that production. Just because Colombia is a big producer of cocaine, for instance, doesn't mean Bogota is all that happy about it. The Taliban, on the other hand...

      "as an air base for our troop transports,"

      Things like this happen when you need to attack a land-locked country and the only weapon systems we can deploy without using anybody else's airspace are nukes. Besides, the Uzbeks have only agreed to host humanitarian and rescue missions on their soil.

      "just like we did with Laos/Cambodia during VietNam"

      No, we're using Uzbek air bases, we're not bombing them for giving aid and shelter to the Taliban. And there isn't any Pol Pot equivalent in Uzbekistan (thank God).

      "Back to the topic, our politicians and lobbyists are shredding the Constitution with the full support of the misled American majority."

      Deciding to blame either the politicians or their constituants is a chicken-and-egg problem. The way you so easily choose to blame one over the other disturbs me.

      "I wish to move to a country with more civil liberties, such as Germany."

      I wouldn't say Germany has better civil liberties. Wrong as it may be, Americans at least have the legal right to make derrogitory statements about Muslims and Arabs.

      Anyway, why are you "asking" for an explaination when you seem to have your mind made up already?

    44. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      Actually Jihad is a holy war within oneself.

    45. Re:Somebody explain something to me by bentradio · · Score: 1

      Actually it's quite easy to understand the context of not being able to turn over all of the evidence. It has nothing to do with riots if Americans themselves saw the evidence. Simply it's that in order to obtain such sensitive information, it's quite possible that you have to use undercover sources, undisclosed surveillance satellites, etc. To disclose your information is to give away your sources, which certainly would be a breach of national security. Personally I have a lot of opinions on what US world policy has been like lately, but this is one circumstance where it's quite understandable. But yes the Bill of Rights now is in tatters, and that's the greatest loss out of all of this.

    46. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      You might also question the hypocrisy of the USA government. They actively sponsored terrorism against the Soviets by training Osama Bin Laden and providing him with weapons. Is the USA govt any better than the Taliban?

      Somebody explain THIS to me. Did the U.S. government really think that, 20 years ago during the Cold War when Moscow sending over its nukes was the worst threat to U.S. security, the (young and inexperienced) bin Laden was a terrorist??? I was only 8 when this crap went down, and I don't know my not-so-distant-past history facts like an expert, but I do know this: the Afghanis were underdogs fighting the Soviets and we were giving them a hand, much like we were giving the ethnic Albanians and Bosnians a hand against Karadizc (sp?) and Milosevic in more recent times.

      If anybody's being a backstabber in this whole scenario, it's bin Laden. We helped this ungrateful bastard during a tough spot and what is the thanks we get for it--two towers down and more than 7,000 dead on account of his little assholes the al-Qaeda.

      I am not a jingoistic American yes-person who believes our government has no flaws. I acknowledge that we collectively as a nation and government can behave very selfishly and make really dumbass decisions. In addition, our human-rights history in our 300 years of existence is far from pristine. However, as far as I know in most recent times, and with more than a few assholes as exceptions, the U.S. is generally a tolerant, civil, and free place to live; and tries (although not always with success) to make the most humane and ethical decisions possible.

      Is the U.S. government any "better" than the Taliban? IMO, you bet your ass! The U.S. government doesn't beat, stab, torture, and shoot women in the streets for wearing white socks, nor does it deny women the right to go to school and hold jobs. The U.S. government also doesn't pick terrorism against civilians as the first tactic to getting desired results or making some kind of a political or religious statement. Speaking of religion, people in the U.S. are also free to practice whatever religion they choose--Islam, Judaism, Christianity, Hinduism, atheism, you name it. We have a bunch of Religious Right pricks running around who need to be tied to a raft and floated out in the Pacific, but at least it's ILLEGAL for them to impose their brand of "Christianity" upon the rest of America. We also have a tendency to kiss Israel's ass to the point of allowing the really-and-truly-innocent majority of Palestinians to suffer, which I don't agree with, but I don't think we should be fixing this touchy situation for the terrorists' benefit.

      In short, I think we live in a great country--one that too many people living here and taking advantage of its benefits take too much for granted. I think more people should stop bitching about how evil we are as a country and start appreciating the good in us--only then can we work out the really fucked-up parts.

    47. Re:Somebody explain something to me by dublin · · Score: 2

      You're obviously pretty ignorant of the history behind the Crusades, which were a RESPONSE to the bloody and ruthless occupation of the Holy Land by the Muslims. I will not try to defend the actions of the Catholic church at that time - it was clearly on a downward slide that culminated in the corruption and decay that created the Reformation as a (proper) response.

      Still, it is absolutly true that either Christianity can be true, or Islam can be true, but not both. Of the two, only Christianity provides demonstrable truth and is logically and internally consistent. (Those that deny the Truth of Christianity are rejecting the most well-documented and attested events in all of ancient history.) Islam falls under its own weight, as it is terribly self-contradictory in numerous important ways.

      We should not slaughter the Muslims, but we should convert them. Anything less will not solve the fundamental problem, as Islam is inherently incompatible with free civilization. Remember that only the Christian world has produced free, safe, and civilized societies...

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    48. Re:Somebody explain something to me by Anonymous Coward · · Score: 0
      No, it means that making the evidence public knowledge at this time would compromise the sources of that information. Which is worse, having folks like you run around with conspiracy theories, or having informants slowly disemboweled over the course of several days?

      All cloak & dagger types need to die. Any person who double-crosses another is evil--fair & simple. Whether you are CIA, Mossad, DEA, or just a fucking rat, you should die violently and painfully. The CIA is responsible for all international conflicts and all drug sales. The world will not be safe until the CIA and their equivalents are gone.

    49. Re:Somebody explain something to me by Guppy06 · · Score: 2

      "Any person who double-crosses another is evil--fair & simple."

      Three words for you: Claus von Stauffenberg

      Anybody who claims ethics are black-and-white is either foolish or has something to hide.

    50. Re:Somebody explain something to me by Anonymous Coward · · Score: 0

      Yeah, right. Like all the so-called "civilised countries" did before - just helping them out with the occasional stinger-rocket or too, and - let's not forget - some food packages dropped in the mountains, right after the bombs.
      Face it - we didn't give a shit about those people before, so if "someone else could try a little harder", sure as hell it's not going to be us.

  5. So we get where we're going, just a bit faster. by dave-fu · · Score: 2

    What with the "PATRIOT" bill, the USA bill, the SSSCA and whatnot throwing citizens' rights out the window, I'd figured we were already in a state of war.
    Go figure.

    --
    Easy does it!
    This comment has been submitted already, 276865 hours , 59 minutes ago. No need to try again.
  6. protecting the constitution by Kellindil · · Score: 5, Insightful
    In Bush's speech on Sept 11, ge referred to the US as the world's brightest beacon of freedom, and said that we would keep that light shining. Nadine Stroussen, ACLU president, was speaking on campus here about a week ago and mentioned that line, saying she and the ACLU were working with Bush to make sure he kept that promise.


    Basically, now is when it's most important to have groups like the ACLU. Like most liberal groups, they're being attacked as unpatriotic, but considering we have cases like Korematsu on the books and not overturned, having groups that will watch out for violations of our rights and raise public awareness is important.


    And it's not like it's only leftist groups fighting for these thigns, either. The article in the post didn't mention things like the Alien or Sedition Acts, but some of the languge in the bill Ashcroft is trying to ram through congress. There was a coalition of groups from the ACLU and gay rights organizatons to the NRA and anti-aborition activists all united in opposition, saying that we can find ways to protect the security of citizens *without* depriving them of rights.

    1. Re:protecting the constitution by Anonymous Coward · · Score: 0

      The problem is that all the ACLU has left is its name. Years ago it was a very relivent and important part of the US. They were willing to stand up for what was right.

      Now they are nothing more than an extreamist left lobby group, standing up for extreamist standpoints , instead of whats right

    2. Re:protecting the constitution by prizog · · Score: 2

      Korematsu was overturned in 1983, by the judge now presiding over the Napster case.

  7. Hayeck & the Libertarians by spRed · · Score: 3, Interesting

    FA Hayeck (bigtime libertarian dude) acknowledged that the law may be suspended in times of war. The basic idea is that if you lose everything, then what was the point of playing by the rules. This comes with a _VERY BIG_ but, namely that once order is restored, the government is held responsible for the laws it violated. This isn't to say everyone is put on trial, but they should be required to compensate (how they compensate is left vague) the citizens who were violated.

    This is a very sensible view, IMO, but the compensation part is tricky. Especially because once peace is restored, tempers & public sentiment are still running hot and the public (read: voters and hence representatives) may not be in a compassionate mood.

    -spRed

    --
    .sig Karma out the wazoo, better to spend points elsewhere if this is above 2 or below 0
    1. Re:Hayeck & the Libertarians by renehollan · · Score: 4, Interesting
      Indeed.

      Ayn Rand (an Objectivist, rather than a libertartian, but often the source of many individual's interest in libertarian philosophy) also wrote on this subject. The idea is that principles do not apply in emergency situations, because the situation can't be forseen (If it could, it would not be an emergency).

      The classic example is standing on the shore and seeing someone in the middle of a lake fall out of a boat and start to drown. You want to help them (even though you have no obligation to do so), but have no boat. There is a boat tied up to the dock, but it isn't yours. Do you take it without permission for the time it takes to save the poor victim?

      Rand wrote that doing so was permissible and not a violation of Objectivist principles for several reasons. Under the circumstances, any rational person would want to be saved, even at great cost to themselves (i.e. a rescue bill). So the person drowning is unlikely to protest. This probably goes for the owner of the boat as well, though with a much weaker argument: he might argue that he should not be inconvenienced because of someone else's misfortune and wouldn't change his mind if he were drowning, because he avoids such risks.

      So we have a situation where someone is harmed (loses use of his boat for a while, perhaps JUST when he needs it the most), and someome can be reasonably expected to be willing to pay for their rescue. Also, the would-be rescuer would likely be willing to compensate for the use of the boat (and risk not getting reimbursed by the victim) -- this is but one of the risks he takes on.

      The only problem here is the lack of a contract with the owner of the boat!

      In tort situations (harms caused outside of a contract, for example, a child breaking a neighbor's window with a ball), the guiding principle has been restitution. Here, an emergency results in the willful (as opposed to negligent) commitment of a tort. But clearly the motive is not malice (i.e. the rescuer does not WANT to deprive the boat owner of use of his boat).

      So, the rational solution is to let the would-be rescuer chose between letting the victim drown, or compensate the boat owner for the tort he is about to commit on his property. Presumably the cost of this restitution can be estimated -- surely the boat owner can't argue a great opportunity loss if the boat is not kept secure: anyone could easily steal it and thus the owner couldn't argue for the value of it's constant availability. If the recuer takes the boat, and can't agree with the boat owner as to what reasonable compensation should be, the matter is settled by the courts.

      The important ideas here are (a) the freedom (but NOT obligation) to chose to commit an otherwise tort in a time of crisis, (b) restitution after the fact. A more subtle idea is that opportunity costs can't be effectively compensated due to torts commited in emergencies.

      Of course, IAAL (I Am A Libertarian), but IANAL (I am not a lawyer). NO PART OF THIS POST SHOULD BE CONSTRUED AS LEGAL ADVICE.

      --
      You could've hired me.
    2. Re:Hayeck & the Libertarians by Galvatron · · Score: 2, Insightful

      Hayek (no c, BTW) also pointed out that wartime is one of the few times when society as a whole really does have an aim (survival and victory) and so as a result government becomes a useful force for organization. Likewise, the reverse is true: when governments assume a great deal of power, they need an enemy to justify their interference in other people's lives. Hitler had the jews, McCarthy had the communists, the Soviets had capitalists, and so forth. This point is also made in 1984 very effectively.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    3. Re:Hayeck & the Libertarians by Thing+1 · · Score: 1
      Hayek (no c, BTW) also pointed out that wartime is one of the few times when society as a whole really does have an aim (survival and victory)

      Similarly, every cell is a unique individual. However, when the organism is threatened, survival of the organism is more important than survival of each individual cell.

      In a fight, I'll split my knuckles open on my opponent's forehead. Those escaping blood cells will die, and I'll feel sorry for them, but it's necessary to ensure the continued survival of their host.

      Government is just an organism on a different scale.

      --
      I feel fantastic, and I'm still alive.
    4. Re:Hayeck & the Libertarians by Anonymous Coward · · Score: 0

      -5 Ayn Rand reference

    5. Re:Hayeck & the Libertarians by Kanasta · · Score: 2

      OTOH, if they choose NOT to take the boat and rescue the drowning person, it is very likely the drowned person's friends/family would sue for something.

      It could be said the cost of paying the boat owner for his loss would be of a lower risk than not attempting a rescue of the person.

  8. Law is Force by Dolly_Llama · · Score: 4, Insightful
    "all the laws, but one, [are] to go unexecuted, and the government itself to go to pieces, lest that one be violated?"

    Lincoln's justification of his abrogation of rights during the civil war is just another manifestation of the tired ends-justify-the-means-argument. Unfortunately, not everyone would agree with his ends, and certainly not many would agree with the means. In breaking law to save the union, he ultimately set precedent to fundamentally change that which he sought to save.

    Law, even in its happy-faced, kinder, gentler democratically accountable form, is force. If it were unnecessary to compel one to act in a certain way or to not act in a certain way, there would be no need for law. Similarly, if it were unnecessary to compel Afghanistan or Somalia or Serbia or Vietnam or Germany, or any of the countries against which we have waged war to act a certain way, there would be no need for war.

    The use of force on the domestic public in the form of law during wartime is ultimately no different than the use of force during peacetime. It is simply stripped of all its warm, fuzzy clothing that make it palatable come election time. Try it for yourself. Go up to the treasury and ask for your share of the War on Drugs budget back and see what happends.

    >End Anarchist Rant

    --

    Somewhere, something incredible is waiting to be known. -- Carl Sagan

    1. Re:Law is Force by Anonymous Coward · · Score: 0


      You make several good points.

      Oh, no wait -- you dont make any points. What the hell are you talking about, anyways?

      Passing a law is the same as war, which is wrong because the Constitution is in danger because I can't get cash from the treasury even if I ask nicely?

      Could you pick one opionion and express it rather than channelling some Bizzarro-world Ayn Rand doublespeak?

    2. Re:Law is Force by gilroy · · Score: 2
      Blockquoth the poster:

      Lincoln's justification of his abrogation of rights during the civil war is just another manifestation of the tired ends-justify-the-means-argument.


      If the ends can never justify the means, what can?
    3. Re:Law is Force by Dolly_Llama · · Score: 2, Insightful
      If the ends can never justify the means, what can?

      If killing Bush would make our society freer, would I be justified in killing bush? The "means" like any other action must be weighed as ethical choices, being good or bad objectively and independently. Or rather, if there were larger circumstances to mitigate the "wrongness" of an action, say a soldier killing an enemy during wartime, you must begin first that the action is evil, then use the larger factors (there's a war going on) to justify the action. The burden of proof is on proving it is right, not the other way around.

      --

      Somewhere, something incredible is waiting to be known. -- Carl Sagan

    4. Re:Law is Force by mjfgates · · Score: 1
      If killing Bush would make our society freer, would I be justified in killing bush?


      The only trouble with using this question as an argument against the statement that "the ends justifies the means," is that it doesn't work. I can't think of a way in which killing Dubya would make any society more free, and several ways in which it would make the USA less free.

      Now, if you'd said, "If going back in time and killing Hitler in 1936..."

      oh. wait. That would be perfectly justifiable. I and lots of other people would be perfectly happy if you did that, precisely because it would work; no maniacal dictator in charge of Germany, no loony plan to conquer all of Europe, no six-million-odd Jews getting exterminated in camps...

      Huh. Guess the end does justify the means, after all.
    5. Re:Law is Force by The+Panther! · · Score: 1

      Lincoln's justification of his abrogation of rights during the civil war is just another manifestation of the tired ends-justify-the-means-argument. [...] In breaking law to save the union, he ultimately set precedent to fundamentally change that which he sought to save.

      While I can't disagree that the union was forever changed by the civil war, I don't specifically agree that your statement follows conclusively from his suspension of certain laws. IANALH (Legal Historian) at any rate, but it seems to me that it's been only in the past 30 years that people are unwilling or unable to think outside the box for even a short time. You know, if our rules and laws were enough to control all aspects of our population, then civil wars would not occur. During such times, those laws are being violated in such mass that no judicial solution could realistically be effective. There are other things on the minds of men than trivial matters, especially when lives are at stake. Civil rights are one of those "trivial matters" that are extremely important during peace time, but find a back seat to your livelihood in a pinch.

      During a *real* war, not this Afghanistani conflict, civil rights might be suspended legitimately to some extent, and I wouldn't see that as an unlivable affront to the country. During wartime, all energy needs to be focused on protecting our men and women abroad, not on peacekeeping on our own soil. It's much more effective to round up people who are being disobedient and might disrupt the military machine where it hurts most--right here at home--than to be vigilant in two places at once.

      I'm not projecting my approval onto such practices, just my understanding of the causes.

      --
      Any connection between your reality and mine is purely coincidental.
  9. Martial Law by cyberkine · · Score: 3, Interesting

    The Federal Emergency Management Agency (FEMA) that helps out natural disaster victims and so forth, is actually part of a martial law government in waiting. Under Jimmy Carter's 1979 consolidation of various related agencies into FEMA, it acquired the Defense Department's Defense Civil Preparedness Agency. With the end of the Cold War this aspect of its mission has probably taken a back seat to floods, earthquakes and huricanes. But the capability is still there.

    1. Re:Martial Law by Anonymous Coward · · Score: 0

      Been watching the X-Files movie again, eh?

  10. Re:Well..FEMA by Anonymous Coward · · Score: 1, Insightful

    FEMA extends the president the abitlity to stop the constitution. It's a good law! It aids workers get help to where it needs and alows the army to operate on US soil which it is not constitutionaly allowed to. It also alow for marshal law so looters can get shoot immediately.

  11. Time to Emigrate by Anonymous Coward · · Score: 0

    The United States has become a mob-rule police state manipulated by corporations, corporate media, paid-off legislators, and government elites.

    I hate to say it, but I feel like a Jew living in Germany in the early 30's during Hitler's rise to power. If you're a free thinker and you don't get out now, you'll either have to go underground and resist or perish at the hands of authorities when the totalitarian police states kicks in. Or, you can just STFU and and subjugate your individuality to the will of the state.

    The writing is on the wall, folks. If you value freedom, don't expect to have it here anymore. Emigrate somewhere safe and obscure. What is *really* surprising to a kid who grew up during the cold war is that the Russians advised Dmitry Sklyarov's boss not to travel here because of fears of the legal system. Hell, for being the birthplace of Nazi Germany, even the modern Germans seem to have learned from the past and are more compassionate and respectful of individual rights.

  12. But what about before... by JaBean · · Score: 4, Insightful
    If we were worried about our civil liberties being snatched by the RIAA pre Sep11, now we have real cause for concern. Like the article says,

    "If our liberties are to be protected, it is up to us to protect them."

    But what happens when the media is a toy that does not discuss these issues and that is the people's only source for information? Many of my friends have no idea about what is going on with DMCA and the major news organizations refuse to give any coverage from the people's POV. It will be a grim future where we have an uninformed populace who does not even know which issues to oppose.


    "Every man is a God in disguise; a divinity playing the fool."
    -R.W. Emerson

    1. Re:But what about before... by Noxxus · · Score: 1

      But what happens when the media is a toy that does not discuss these issues and that is the people's only source for information?

      Unfortunately, that's the consequences of having RIAA-MPAA member companies such as AOL-TW controlling CNN, or Microsoft having its fingers in MSNBC. I doubt the journalists in those comapnies even have a grasp of IP issues, or if they do, they STFU and don't make waves because of where their paycheck comes from, or even worse spin the news on IP issues to suit their corporate masters.

      Freedom of the press is limited to those who own one.

    2. Re:But what about before... by Anonymous Coward · · Score: 0

      I wonder if Congress took all this into account when they rubber-stamped the merger of AOL and TW. Prolly not.

  13. Why Liberty Suffers in a Time of War by Alien54 · · Score: 4, Insightful
    As noted elsewhere, Wired had a similar article back in mid september entitled Why Liberty Suffers in War Time

    Of course, at that time, almost everyone was shell shocked, and it was not on the radar yet

    In this situation, war has not been formally declared. Usually, in a war, such laws are "for the duration". Since we are not "formally" at war, there is no such limitation.

    Freedoms lost may likely be a permanent loss, unless people strive to make sure otherwise.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  14. What about *after* the war? by hattig · · Score: 4, Insightful
    OT: No, not the graphically excellent 8-bit computer game from 1991 called "After The War"...

    T: After this conflict, will we see that Bin Laden speech in full? Will we hear about all the other things that are being kept (rightly) silent now? Or will they be stamped "Top Secret - 25 years", and only released when many of us are collecting our pensions and don't give a damn?

    We just have to make sure that the current conflict just keeps on with its original aims - combat terrorists, terrorism and supporters of terrorism, and doesn't morph early next year into a different beast (cheaper oil would be nice, wouldn't it?). There needs to be public accountability for the actions of the military within all conflicts, to ensure that they operate within the bounds of their mission, and that they should not become a pawn in some political game.

    Which I don't think will happen this time, but though like pointing out.

    CmdrTaco explain this one: Invalid form key: On9kApk2Hq ! and Invalid form key: GSQ8puWVyf !

    Hattig
    -- The price of Linux is support: Book Prices to Kill... :)

    1. Re:What about *after* the war? by Anonymous Coward · · Score: 0

      -- The price of Linux is support: Book Prices to Kill [everythinglinux.com.au]... :)

    2. Re:What about *after* the war? by Anonymous Coward · · Score: 0

      -- The price of Linux is support: Book Prices to Kill [everythinglinux.com.au]... :)

      Not bad -- only 2.9 terabucks per copy -- get yours while they last.

    3. Re:What about *after* the war? by Anonymous Coward · · Score: 0
      CmdrTaco explain this one: Invalid form key: On9kApk2Hq ! and Invalid form key: GSQ8puWVyf !

      It's his contribution to the war effort.

    4. Re:What about *after* the war? by kimihia · · Score: 1
      After this conflict, will we see that Bin Laden speech in full?

      I believe your "constitution" thing gives you citizens of the United States the ability to speak. Well, since when was Osama a citizen of the US? Why should the US let him speak?

      And another thing, does the ability to speak also include the right to have your rant broadcasted worldwide on the media? If you're so exciteable sticking up for Osama to have the right to be broadcasted, why don't you also get hot under the collar when an AC posts a troll? Come on, why aren't you screaming that CNN is stomping AC's right to have their troll broadcast?

      Because of two things: 1 - you think the US has to provide free speech to everybody. Well dude, there is more than one country in the world! So what if the US stomps free speech? They can just move somewhere (like Canada, or Afghanistan) to get away from you and your government you love so much but don't seem to be able to vote in correctly. 2 - because not everything has value. Osama ranting has minimal value. Natalie Portman's hot grits has little value.

      And also I believe you don't understand what the story about the media being cautioned against playing the video was. Here, have a read.

    5. Re:What about *after* the war? by prizog · · Score: 1

      US citizens have the right to hear him and make up their own minds. Red Lion Broadcasting Co. v. Federal Communications Commission was the first case to affirm this.

      Also, the US signed the UN Charter, which require Free Speech rights for everyone.

    6. Re:What about *after* the war? by Anonymous Coward · · Score: 0

      All hail the UNe World Government and their abuse of national sovereignty!

    7. Re:What about *after* the war? by Anonymous Coward · · Score: 0

      For everyone?

      When was the last time Natalie Portman pouring hot grits down her pants was broadcast live on prime time news?

      I guess Slashtrolls are having their "rights" squashed.

    8. Re:What about *after* the war? by hattig · · Score: 1
      Erm, actually I am from the UK.

      And notice I said *after* the war. The speech is not being broadcast now for the right reasons - keywords in the speech that might launch other attacks, etc. Although the speech is available in full on the Internet, so fat lot of good that will do.

      Osama ranting will have value - to historians and politicians particularly.

      The fear is that the government and military will never be accountable or give real proof of who the enemy we are fighting is. Maybe not this conflict, but a future conflict? Did the media have any real choice or not about showing the video?

      The point is that in the end, people around the world should not allow themselves to become more oppressed than they already are because of this conflict. Temporary oppression for National Security reasons is fine and necessary, but these regulations should not extend into peacetime.

    9. Re:What about *after* the war? by prizog · · Score: 1

      How could you complain about an abuse of national sovereignty when we chose, as a nation, to sign this treaty?

    10. Re:What about *after* the war? by prizog · · Score: 1

      Nobody has the right to be on TV, but the government doesn't have the right to tell tv stations what not to show. See the difference?

  15. Principles are More Important than Law! by mjfgates · · Score: 2, Interesting

    The government of the United States was created to uphold several principles; these are enumerated in the Preamble to the Constitution. (C'mon, everybody, sing it with me! "We the PEEEOPLE, in order to form a more perfect union..." Yeah, that.)

    Generally, we've found that following the procedures outlined in the Constitution is the most effective way to do this. However, our history shows that sometimes, disobeying the law is the right way. The case for the government itself doing this can be found in the words of several presidents, Lincoln and FDR being the most prominent examples. The case for individuals is effectively laid out by Thoreau in "Civil Disobedience," and in the works of Martin Luther King Jr.

    1. Re:Principles are More Important than Law! by dada21 · · Score: 2

      You have your facts wrong, did you also go to public school?

      I thought the same about Lincoln and FDR during my many years in brainwashing at the hands of public education.

      Numerous books out there show that the problems that Lincoln and FDR tried to fix were directly caused by government intervention and mistakes 10-20 years beforehand.

      Even worse, what we thought the wars they fought were about was actually untrue. They just used those reasons to get the public to rally behind them.

      The damage those two traitors of the Constitution created back then has manifested itself in an aweful place to live in today.

    2. Re:Principles are More Important than Law! by muonman · · Score: 1

      Er, so how do you know you're not being brainwashed now as well?

      Oh, numerous books. I get it.

      And, unlike those other guys, these new guys would never stoop to brainwashing, would they?

      --
      Anything NOT worth doing is NOT worth doing well...
    3. Re:Principles are More Important than Law! by gilroy · · Score: 2
      Blockquoth the poster:

      The damage those two traitors of the Constitution created back then has manifested itself in an aweful place to live in today.

      Assuming, from text, you meant "awful" (as in horrible) and not "aweful" (as in full of awe and wonder), I still find it sort of ironic of calling Lincoln a traitor to the Constitution when, in fact, he nigh-singlehandedly created the philosophical backdrop against which most of these debates take place.
  16. I wonder by shd99004 · · Score: 2, Interesting

    If the constitution is not in effect at all times, then what is the point?

    --
    Will work for bandwidth
  17. Test psot by Anonymous Coward · · Score: 0

    test post

  18. These Are The Terms by The+Sinister+Truth · · Score: 0

    These are the terms.

    Slashdot will falter and die.

    These are the terms. You will understand.

    Before, when the version was not 2.2, 5 moderations would elmininate twenty four hours of posting. Now 4 costs 72.

    These are the terms. Slashdot will fail. User moderation is a deception.

    The trolls will win. Wisdom is not served by the measures adopted here. Men without insight cannot govern. Where the incompetent lead, the unprincipled will triumph. Slashdot has failed. Every time a troll is moderated en masse, it is another sign of continued success for trolling. Moderation is deception.

    These are the terms. Slashdot is a castle built on sand.

    VA linux will be delisted. Lesser companies have aready failed. VA linux has less than forty employees left. None are developers. VA will collapse. Slashdot will fail.

    These are the terms. Slashdot is a corpse kept alive by misplaced faith and fading delusions of grandeur.

    Slashdot is a relic of a bygone era. Open Source has had its time. Its time is over. Open source is on the junk heap of culture. RMS is forgotten. ESR is despised. Open Source has failed. Slashdot will fail.

    These are the terms. You will not transgress. You have been warned.

    Even as you rail against microsoft, you use their work. Within one years time, you will use XP. Do not deny this. You may lie to yourself but I see past your self-deception. You have already abandoned your ideals. Within one year you will betray them utterly.

    These are the terms. Slashcode is broken.

    Invalid form key. Lameness filter. Regular crashes. Postercomment compression filter. Slow down cowboy. Amazon can handle load while running on linux. Hotmail never goes down. Photo.net runs on aolserver and never has database problems. Scoop never spits formkeys at you. The Slash programmers cannot continue to pretend to be real programmers. Liars, fools, wannabes all.

    These are the terms. Slashdot is in denial.

    The anonymous coward has his IP logged with every word he says. The record is complete. The trail is set in stone. The anonymous coward is a sham. Your rights online are absent here. Your privacy is not respected. Censorship is ignored and rationalised. Slashdot is in denial.

    These are the terms. Slashdot will fail. You will betray what you once held dear. You will not profit for your lies.

    These are the terms.

    --

    -------
    The best way to upset liberals is to tell them the truth
    - Thomas Jefferson
  19. We're not at war. by desideria · · Score: 1

    "War on Terrorism," "War on Drugs," etc. don't qualify as genuine war.

  20. West Virginia by Admiral+Llama · · Score: 1

    Well, Lincoln just made up a new state just so he could swish around some additional votes in congress.

  21. the post-war solution by FrankHaynes · · Score: 1
    This is a very sensible view, IMO, but the compensation part is tricky. Especially because once peace is restored, tempers & public sentiment are still running hot and the public (read: voters and hence representatives) may not be in a compassionate mood.


    That's why God made voting booths, hold the chads, please. I only hope that the generation that had to see these restrictions enacted is still around after the 'war' so that they make take the voters' ultimate revenge.

    ---
    --
    slashdot: A failed experiment.
    1. Re:the post-war solution by dada21 · · Score: 2

      Voting doesn't work anymore because the process used to become a candidate has been destroyed.

      Instead of openly allowing anyone to run, the Democrats and Republicans in many states have made it near impossible to get on a ballot if you're an independent. The Libertarians have been fighting this in each and every state, slowly winning the right to be called what they are on the ballot.

      Secondly, the idiots in Congress has fooled almost every United Stater in believing that the problem with elections is that campaign donations are skewing the results. This is the farthest from the truth. I say let big business give as much as they want, hell, let the enemy countries give as much as they want. The problem is that we allow our Congress powers beyond what is allotted in the Constitution, and THAT is why people give them so much money.

      Campaign finance reform has screwed the third party because most of the money a third party uses to promote itself comes from relatively few large donators rather than many small donators.

      But how many of you think campaign finance reform will work to curb donations? It won't, because all campaign finance laws have loopholes that allow the incumbents or the two parties to raise money from PACs and big business in other ways.

      THe only way to make voting work, and to reduce corruption and bribery, is to reduce the power of Congress to the itty-bitty strength allotted in the Constitution.

      MBR

    2. Re:the post-war solution by Azghoul · · Score: 1

      From one Libertarian to another:

      Ahhhhh, to dream. :)

    3. Re:the post-war solution by Chris+Johnson · · Score: 2
      Maybe that is so: in that case, I'd say this- go out there and reduce the power of Congress FIRST.

      I don't think I'm at all unreasonable in thinking that you Libertarian guys would like to get in there, abandon anything resembling campaign finance reform- and try and get MORE power, not less, because you have things you want to accomplish. Unfortunately, I don't think you are at all likely to get in there and reduce your own power.

  22. RMS by Anonymous Coward · · Score: 0

    Look, I don't care how good his kernel hacking 5k1llz are, the man is a raving lunatic. He may be brilliant with perl, but I beg you not to give his political opinions any merit.

    For god's sake, the man doesn't shower and he's afraid of spider plants. Take anything he says with a grain of salt.

    -The AC Avenger!!!!

  23. Civil liberties and war time. by miguel · · Score: 3, Informative
    You migth be interested in reading a few articles by professor Howard Zinn:

    The Bill of Rights. The Bill of Rights and how they are being routinely ignored by the government.

    Free Speech: Second thoughts on the First Amendment. Another very interesting read.

    I have been lucky enough in the past few weeks to attend a couple of Howard Zinn's talks in Boston.

    Miguel.

    1. Re:Civil liberties and war time. by Anonymous Coward · · Score: 0

      Um... please stop posting on /. and fix those core dumps. ;)

    2. Re:Civil liberties and war time. by squarooticus · · Score: 1

      Am I wrong when I tell people that not everyone in the free software movement is a communist?

      Seriously, the "Bill of Rights" article brings up some interesting points, but some of its assumptions are ridiculous. The right to work and to a living wage? Who is supposed to provide these jobs and wages in a world without incentive? That's what the writer seems to be advocating by suggesting that class differences are somehow wrong.

      So, who else? The government? Yeah, that sounds like a good idea: reduce government power by increasing government power.

      It seems the best way to reduce government intervention in our lives is to make it far less relevant. Restrict federal government power to foreign defense, and you'll see far fewer violations of our civil liberties.

      --
      [ home ]
    3. Re:Civil liberties and war time. by Anonymous Coward · · Score: 0
      So, who else? The government?


      Well obviously the government has a role in fostering a society where equality of opportunity tend towards equality of outcome, not just lip service. Why is that an offensive notion?

    4. Re:Civil liberties and war time. by dgroskind · · Score: 2

      Restrict federal government power to foreign defense, and you'll see far fewer violations of our civil liberties.

      As Levinson's article points out, the greatest threat to civil liberties is during wartime.

      During peacetime, the Supreme Court part of the government has been a stalwart defender of civil liberties and the Executive branch has played its role in implementing court decisions. State governments violate civil liberties far more often than the Federal government and the Supreme Court is the natural refuge of victims under the 14th Amendment.

      The U.S. Constitution provides judicial review as a perfectly good way to reduce government intervention without abolishing the other roles for government invisioned by the Founding Fathers.

      Most government legislation exists to solve specific problems. Abolishing government isn't going to make those problems go away or any easier to solve.

    5. Re:Civil liberties and war time. by 1010011010 · · Score: 2

      We should look beyond the Bill of Rights to the UN's Universal Declaration of Human Rights, which says that all people, everywhere in the world, are entitled to work and decent wages, to holidays and vacations, to food and clothing and housing and medical care, to education, to child care and maternal care.

      Funny how the author of the ThirdWorldTravler article "the Bill of Rights" has the opinion that "they are only Amendments." And seems to also think that people have a right, an entitlement, to the product of other people's labor. Freedom is Slavery! Slavery is Freedom!

      Whatever.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    6. Re:Civil liberties and war time. by unitron · · Score: 2

      Actually the author of the ThirdWorldTraveler article was quoting a CIA or FBI agent's saying that "they are only ammendments" by way of illustrating the way certain parts of the government put doing what they want to first and protecting and respecting your rights last.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    7. Re:Civil liberties and war time. by Anonymous Coward · · Score: 0

      Rediculous how some idiots manage to read an article and not understand a bit of what is under thier nose, then turn around and misrepresent the article as stating 180% the opposite of what it actually said.

      Yea, the same idiot who says we don't need to worry about our rights. Notice a connection?

    8. Re:Civil liberties and war time. by 1010011010 · · Score: 2

      I know he was quoting government officials. But the tone of that article -- the part that he wrote -- seemed to agree. His other article was pretty good, though.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    9. Re:Civil liberties and war time. by unitron · · Score: 2

      If he was agreeing it was the same way I would have, in a very cynical realization that various parts of our government tend not to let the Constitution get in the way of doing what they want to do, not as a sign of approval of the attitude.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    10. Re:Civil liberties and war time. by 1010011010 · · Score: 2

      I understand his agreement with the facts of our current government, but he seemed to also agree with the sentiment somewhat.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    11. Re:Civil liberties and war time. by unitron · · Score: 2
      Go back and re-read it, and then go up one level and read the 10 or so other pages of his writings, and I think you'll see that he doesn't think the way that you think that he does.

      I don't necessarily agree with him on everything, but it is interesting reading.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  24. Jewel Wins Artiste of the GNU Millennium Award by Anonymous Coward · · Score: 0
    That's write, with only a 372 over three margin, the famouse rock diva, Jewel, was nominated, & WON, the aritste of the GNU Millennium Award, due to her ability to be one of the world's greatest musicians.

    Don't forget to enter our big URL giveaway. Includes a year's free hosting for the smart direction follower.

  25. War? by Anonymous Coward · · Score: 0

    It's been a while since civics class, but for any of this to happen wouldn't we actualy have to declare war ?

  26. The constitution is obsolete by Anonymous Coward · · Score: 0

    It's over 200 years old folks. Free speech is abused far too much today. Some examples: hate speech, anti-semitism, bomb making plans, illegal drug information, hacking tools, profanity, and last but not least pornography. We are going to a better form of government. That being socialism. Let's see if we can make some progress here and write to congress urging them to support a ban on all guns, a ban on distasteful information, tougher drug laws (life in prison for any violation), a government healthcare system, environmental laws (all old cars get crushed), etc. If you are not a socialist then you better get with the program because socialism is the best form of government. That's why it's so popular elsewhere.

  27. Tough subject! by Anonymous Coward · · Score: 0

    Tough subject being Slashdot!

    Congrats to a broader perspective! More unexpected, yet nerdy topics please!

    Thanks!

  28. Who is really at fault in this "War"... by dada21 · · Score: 4, Troll

    Why is the country so pro-government all of a sudden, when its so easy to prove that its exactly those in the elite that control its every move?

    In the war against Iraq, many of those at the top of the pyramid (G.H. Bush, Cheney, Schwartzkopf, etc) were found GUILTY by the International War Crimes Tribunal. The war against Iraq was not about Saddam Hussein, but about oil interests. This was never covered in the media, and many United Staters today fully support the actions we used against the "enemy." Saddam is not crazy, not stupid, and was probably not wrong in his reacquisition of Kuwait. He even asked us if he could do it, and we didn't say no.

    In Afghanistan, oil interests of our President and his cronies are the only thing at stake. The proof against bin Laden is thin at best, and the translations of bin Laden's video that everyone thinks he is accepting blame are off at best. But the 500 years of oil (at current consumption rates) that UNOCAL and the elite's friends want access to is currently controlled by the Taliban. Again, ignored by the government controlled media.

    Freedom of Speech is gone when it is regulated. With the FCC punishing anti-government sentiment from its beginning, its obvious there is no freedom of speech in the TV and radio media. Since the newspapers are now controlled by those same media mavens, they too should be ignored.

    The Libertarian philosophy of non-intervention and free trade is more important than ever to focus on. Even lifetime Libertarians though are towing the government line and wanting revenge, even though the proof against Afghanistan and bin Laden is shamefully non-existant.

    And the biggest kick is that we are not even at war. We can't be. If we are, it is illegal, as the Constitution REQUIRES Congress to declare it.

    Want to stop terrorist militant attacks on our nation? Limit the powers of Congress as set forth in the Constitution. Create a new foreign policy of non-intervention by our government, remove all sanctions and embargos, tariffs and subsidies. Let good people trade with whoever they want, and stop subsidizing big business in every way.

    I think many slashdotters would understand that 99% of the problems we complain about here is not Big Business' fault at all, but governments and the people's. We LET Congress give Big Business subsidies, so why are you complaining that M$ has a monopoly? If Congress couldn't subsidize, M$ wouldn't donate to their campaigns, and we wouldn't have such a monopoly-like fiasco. On the same hand, when we give Congress the power to subsidize business, we give the U.S. "interests" in other countries. This is the cause of almost all our problems, including terrorism!

    Limit big government, and you will limit so many problems that we face in the world and locally each and every day. Give the government more power, and you only make it worse.

    If you don't believe me, why not drop me an e-mail and lets debate it one on one. I, too, was a non-believer, until I spent just a few months researching the realities of "Big Government."

    1. Re:Who is really at fault in this "War"... by NMerriam · · Score: 3, Insightful

      In the war against Iraq, many of those at the top of the pyramid (G.H. Bush, Cheney, Schwartzkopf, etc) were found GUILTY [deoxy.org] by the International War Crimes Tribunal

      LOL! This is a bunch of people who got together and wrote a report! While politically laudable that they exercise their rights to free speech, it is hardly a "verdict" in any but the most delusional sense.

      I hereby call myself the International Brain Crimes Tribunal and find you GUILTY of being extremely gullible (or else of trying to purposely decieve people by presenting this collection of folks as a real court). Please son, step away from the Ayn Rand books, nice and slow.

      The war against Iraq was not about Saddam Hussein, but about oil interests. This was never covered in the media

      LOL!!! What planet are you from, that none of your newspapers or TV shows said anything about oil interests? Geez, this has got to be the single worst-kept secret in the history of conspiracies! We might have gotten involved in Iraq because of oil? My god, where did you dig up this revolutionary idea!? Why has no one in the country heard mention of it before?!

      This was clearly a suppressed notion until the forces of the International War Truth Tribunal met in Todd's basement the other week after band practice! Their verdict of "Let's order pizza" was heard loud and clear, my friend -- and it was delivered in 30 minute or less!

      --
      Recursive: Adj. See Recursive.
    2. Re:Who is really at fault in this "War"... by w9ofa · · Score: 2, Insightful
      Why is the country so pro-government all of a sudden, when its so easy to prove that its exactly those in the elite that control its every move?

      elite or élite (-lt, -lt) n. pl. elite or elites A group or class of persons or a member of such a group or class, enjoying superior intellectual, social, or economic status: "In addition to notions of social equality there was much emphasis on the role of elites and of heroes within them" (Times Literary Supplement).
      Source: The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2000 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.


      It seems to me that it's pretty clear that by definintion, the political elites are the ones who make command decisions in the economy and in politics. I can't imagine many other ways that it would work really. Even if we had a pure democracy where we voted on every issue, then we would all be elite by definition.
      In the war against Iraq, many of those at the top of the pyramid (G.H. Bush, Cheney, Schwartzkopf, etc) were found GUILTY [deoxy.org] by the International War Crimes Tribunal.

      That's an interesting site, but after looking at it a few minutes it seemed to be pretty clear that this website is biased against the American government. A quick look at the judges who convicted George H.W. Bush and others seemed to convince me that it was hardly an impartial decision. International law is a tricky thing at best, and I doubt the credibility of a body of judges who are activists in the case they are considering.
      Freedom of Speech is gone when it is regulated. With the FCC punishing anti-government sentiment from its beginning, its obvious there is no freedom of speech in the TV and radio media. Since the newspapers are now controlled by those same media mavens, they too should be ignored.

      I think you are saying that because the FCC regulates the media that the media is not free to publish what they want. In the article, the doctrine of no prior restraint clearly delineates where the Supreme Court stands on this issue. Media and newspapers can publish what they want, but they can also be held liable for what they publish.
      Even lifetime Libertarians though are towing the government line and wanting revenge, even though the proof against Afghanistan and bin Laden is shamefully non-existant.

      While I don't disagree that there might be many people who have changed their views after the destruction in New York and in Washington, I take exception to your assertion about the lack of evidence against bin Laden. It is clear that the US government has such evidence. It is also clear it wants to keep it secret in order to protect the sources and methods of the intelligence community. President Bush, members of other NATO countries, and many others who have seen the evidence have said that it is convincing. The question of the release of such information is a difficult one, but I am sure that there are people inside the government to find good unclassified evidence to present to the American people.
      Want to stop terrorist militant attacks on our nation? Limit the powers of Congress as set forth in the Constitution. Create a new foreign policy of non-intervention by our government, remove all sanctions and embargos, tariffs and subsidies. Let good people trade with whoever they want, and stop subsidizing big business in every way.

      I agree that non-intervention is a good policy in some instances, but I would also argue that engagement can lead to positive results as well. The thing is, people around the world like America. They want American companies in thier contries, and they like American dollars to flow into their pockets. Disengagement with the world would most likely breed alot more anger against America than it would solve.

      On the issue of free trade, I think that we should raise our tariffs against those who are trying to beseige American industry. A good case in point is the steel industry in America. Foreign steel manufacturers are flooding the American market with cheap steel. Most of it is poorly made by underpaid workers in unsafe conditions. Right now the steel industry in America is in big trouble because it is not making a profit on making steel in America. At some point, we are going to have to make the choice between putting a higher tariff on foreign steel and protecting our industries or allowing our steel industries to go broke. One could make the argument that the lack of a native steel industry is a blow to national security. If our nation were to enter a prolonged conventional war or face some sort of massive diaster, it would be hard to come up with a large quantity of steel quickly. Remember, the Founding Fathers wanted the US Government to be funded purely through tariffs of foreign goods. I think a far greater threat to the average American is the income tax, which both invades privacy and takes grossly unproportional amounts of money from different social classes.

      Another one of the sad realities of foriegn affairs is the fact that if we don't stick up for the interests of American business, then another country will step in and take the opportunity. Oil is an important part of our economy, and although this might distress some people, it isn't for our own benefit either. Europe needs oil far more badly than America does, because America has a fairly large supply of domestic production. One of the main reasons we fought Desert Storm was because our European allies need oil just as badly as we do. It's a sad fact that the people in the Middle East happen to sit on such a large natural resource, yet have little political will to exploit it for their own uses. They gladly watch as different Western countries court them with different offers to attain their oil. Yet they are unwilling to invest their vast oil fortunes in native industry that could compete with the West instead of simply supply it. This is an obvious route to development.

      Limit big government, and you will limit so many problems that we face in the world and locally each and every day. Give the government more power, and you only make it worse.

      I agree that big government is a bad thing in many ways, but on the other had, the political reality is that everyone has a stake in what the government does. Over half of the Federal budget is entitlement programs such as Social Security, Welfare, Medicare, and Medicaid. Congress has determined that the Government is willing to pay the medical and personal expenses of retired Americans. Are there other avenues for this money that make more sense? Yes. Are old people going to vote for them? No. Fear mongering and scare tactics do more to influence too many voters decisions than a hard look at political reality.

      The military is often lambasted for spending too much money, but its whole income is less than 20% of the federal budget. The intelligence community as well has come under fire for failing to detect the terrorist threat, but a careful analysis reveals that the intelligence community has been repeatedly been cut in size, and yet tasked with doing a great deal more than they had to deal with in the Cold War years. At the same time, President Clintion issued an Executive Order in 1995 that disallowed the CIA from recruiting informants who were involved in human rights abuses or illeagal activies. So, we not only cut our intelligence services, but we also blinded them as well. One of the unsavory parts of our political reality is that we must use whatever tactics we can to eliminate threats against our national security. We witnessed on September 11th what happens when we let our gaurd down.

      I just hope it doesn't happen again before we are more prepared.

    3. Re:Who is really at fault in this "War"... by nathanh · · Score: 3, Insightful
      In the war against Iraq, many of those at the top of the pyramid (G.H. Bush, Cheney, Schwartzkopf, etc) were found GUILTY [deoxy.org] by the International War Crimes Tribunal. The war against Iraq was not about Saddam Hussein, but about oil interests. This was never covered in the media,...

      You're either blind or trolling. There were entire MOVIES made about the USA's primary interest in the Gulf War being one of oil (eg, Three Kings). If even moronic Hollywood script writers can figure it out then it's hardly a big secret.

    4. Re:Who is really at fault in this "War"... by dada21 · · Score: 2

      Well, to all who replied, I agree that the IWCT is a biased group, but nonetheless it is a group that did a lot of lobbying for both sides of the argument. Their "facts" within their document are very credible but I take them with a grain of salt, but I also agree with many of their points.

      w9ofa:

      The United States of America is by no means a democracy: a democracy is indeed a scary idea. The founding documents set forth the idea that the MINORITY has a right to live the way they want to live as long as they harm no one else or their property. A democracy is controlled by the majority, and the Constitution and the Bill of Rights directly affect making sure that the MINORITY can live the life the way they want to. In recent times, this has changed, and we have indeed become a democracy, meaning many people in the minority (not the racial minority necessarily) are secluded from being "normal" because of their opinions, or actions, or even religions. That's not what this country was founded on -- creating laws because they work for the majority??? Not a chance.

      You, as most others on this site and others I post to, are confused by what I mean by non-intervention. I DO NOT MEAN ISOLATIONISM. Non-intervention by our Government includes TOTALLY free trade, no sanctions and no subsidies. Let U.S. people and corporations trade freely with others, even let citizens here invest in other countries if they want, freely. End embargoes and sanctions. THIS is foreign policy. Our CIA and other agencies uprooting other governments, screwing over their people repeatedly (too long to list), and helping virtually no one but OTHER countries' elites doesn't help.

      Our government shall not interevene, period. It was made to principally make sure that every UNITED STATES citizen is protected from infringment of their GOD-GIVEN INALIENABLE rights. Now, its changed. It tried to "flatten" the curve, tries to gives people a better life. BUT THE ONLY WAY to a better life is to work hard for it. Even those kids who get multi-million dollar trust funds need to work hard to keep them, look how many end up in blue collars by the third generation!

    5. Re:Who is really at fault in this "War"... by unitron · · Score: 2

      Interestingly enough 10 years ago Bush Sr. was going on about how we were fighting to protect and defend the people of Kuwait and the other day Bush Jr. referred to how we went to war against Iraq to protect our vital national interest in the area's petroleum, but nobody's called either one of them on it.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    6. Re:Who is really at fault in this "War"... by mjackso1 · · Score: 2

      Any evidence I've seen that this military action (which is in compliance with the War Powers Act, btw, even as an undeclared war; Bush _has_ reported to Congress) is being driven by petrochemical interests is on far weaker ground than the evidence that Al Qaeda was responsible for the attacks in September.

      It's also disingenuous to say that the oil you refer to is controlled by the Taliban. The simple fact is that most of that land is unsurveyed. The oil that would be at question here is from the former Soviet Republics near Afghanistan, and the suggested oil interest is a pipeline through Afghanistan.

      The deoxy.org link is ridiculous. The reason that the US was found guilty is that this "International War Crimes Tribunal", which is not to be confused with ICTY in the Hague, was a kangaroo assembly set up for the propagation of the ideas of the deranged Ramsey Clarke. If you follow the link, the Testimony and Evidence section is exclusively prosecution. There is no defense allowed. Michael Ratner, one of the signatories of the "findings", litigated two cases opposing the Gulf War. This was clearly not an impartial inquiry, and was not sanctioned by any meaningful international agency.

      I don't like big government either, but if you think that non-intervention and free trade are compatible ideas in this world, you're dreaming.

      Oh, and it's "toeing the line", not "towing the line". HTH

    7. Re:Who is really at fault in this "War"... by NMerriam · · Score: 2

      Called them on what? That there is a possibility we went to war for MORE THAN ONE REASON?

      Gosh, i'd hate to consider the possibility that international politics is more complicated than a simple slogan!

      The notion that we should defend a soveriegn nation, while ALSO protecting our economic interests sounds like twice the reason to go to war. There's nothing cynical or hypocritical about having more than one reason to get involved. We can't be everywhere, and stop every "bad" thing from happening, so we step in first wherever we can see our own interests at stake.

      Does the fact of us having an economic and political interest in the outcome therefore preclude the possibility that defending Kuwait was a good thing to do? Are they mutually exclusive?

      --
      Recursive: Adj. See Recursive.
    8. Re:Who is really at fault in this "War"... by unitron · · Score: 2

      Called them on the fact that ten years ago we were fighting for oil but saying that we were fighting for something else. If we were really concerned about the average citizen of Kuwait (as opposed to the ruling family who all skeddadled out of the country except for one guy who stayed to fight), we should have been bombing the Iraqi columns as they rolled across the border that first day instead of waiting almost half a year while the Iraqis looted everything and slapped everybody around. We could have sent bombers first and taken a little time to organize to send in ground troops.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    9. Re:Who is really at fault in this "War"... by NMerriam · · Score: 2

      Called them on the fact that ten years ago we were fighting for oil but saying that we were fighting for something else

      I didn't think it was a big secret that we were fighting for both. We were also fighting for stability in the region, defense of Saudi Arabia (because they are allies, as well as economically important), and defense of Israel. We had a lot of reasons that individually might not have been worth fighting for, but put together equalled a huge amount of political and economic reasons to get involved.

      The UK got involved in WW1 in large part because they were worried about shipping and trade with the continent. Does that mean that they should have let the Germans take over France? I mean, honestly the UK didn't care much about the lives of the average Frenchman, but they were very worried about the notion of Germany taking over all the critical ports in Northern Europe. Does that make their involvement hypocritical because they said they were defending the French? Is it not possible for multiple motivations to coincide?

      we should have been bombing the Iraqi columns as they rolled across the border that first day

      With what? I mean this seriously, because you don't seem to know what it takes to fight a military invasion. We had very little military infrastructure in the middle east when Iraq invaded Kuwait. The Kuwaiti army had more forces than the US did in the region, and they couldn't hold off Iraq -- and they were positioned in the right place to be defending!

      Even if we had every fighter and bomber from two aircraft carriers attacking the Iraqi forces on the first day, it would not have been enough to stop several hundred tanks, artillery, personnel carriers, etc. And somebody has to attack the air defenses, as well, or we're going to get all of our planes shot down.

      So somehow we'll have to make 60 planes drop a couple hundred missiles and bombs in the span of a few hours. Logistically, that just doesn't work out unless they fly at the speed of light and can be re-armed within seconds (and of course none are shot down). And nobody gets a chance to stop and look at a map to figure out what's going on, because by the time the satellite data is done being interpreted, the Iraqi army would already be done.

      It's no secret that it took a LOOOONG time to get permission to build up land forces, and even after that long buildup we had major logistical holes when the fighting started.

      This isn't a video game or movie where where if you just click fast enough you can beat the other side. You need a certain amount of support, infrastructure, and equipment to mount an attack (or defense) on the third largest army in the world. It takes time to analyze intelligence, and place equipment where it needs to be.

      --
      Recursive: Adj. See Recursive.
    10. Re:Who is really at fault in this "War"... by unitron · · Score: 2
      With what? Didn't we have bombers that we could dispatch to the Soviet Union at short notice back then? Couldn't we have gotten them to Kuwait in a few extra hours? Or if Russia started World War III would we have had to ask them for a time out while we got ready?

      Ten years ago Bush the elder waved the flag and talked about battling agression and defending the population of Kuwait. I just wish he'd skipped all that BS and said straight out that letting Saddam grab all the petroleum sources in that part of the world was unacceptably dangerous for the rest of the world in general and the U.S. in particular. It would have been true and more than sufficient reason for going to war in and of itself. We already knew about that supercannon he was trying to get Gerald Bull to build for him and that he wasn't someone we should allow to grab any more power or resources than he already had.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    11. Re:Who is really at fault in this "War"... by NMerriam · · Score: 2

      Yes, we had bombers capable of going anywhere on earth -- they were to drop nuclear weapons. Not to attack tanks. They were a deterrent, not a tactical weapon. There's a big difference between a B-1 dropping bombs on stationary targets from 40,000 feet and an F-15 attacking hundreds of mobile tanks.

      Yes, we were ready to defend against the Soviet Union -- from Western Europe. We had shitloads of equipment in Germany just waiting for russian tanks to show up in the distance. But driving a tank from germany to iraq would piss off a few countries in the middle.

      Much of that german-based equipment DID wind up in saudi arabia, but it takes time to load up tanks, crew, equipment, supplies, etc. And of course we had to call up reserves to take their place in germany. We only have so many troop carriers, C130s and transport ships.

      It could have happened faster if it was WW3 and 100% of our national energy was going into the effort, but it wasn't -- so we took our time and tried to do it right, rather than just quickly. Nothing we could have done would have had sizable ground forces there winthin the first few days after the attack. After a few weeks, we had enough that we felt confident we could defend. After a few months, we felt confident we could attack.

      skipped all that BS and said straight out

      Again, for the tenth time, just because it wasn't the EXCLUSIVE reason, doesn't make it BS. There were many reasons, and none of them were very secret. All of them were valid, all of them were discussed. trying to eg it as exclusively a fight for oil is as incorrect as pegging it as exclusively a fight for Kuwaiti independence.

      --
      Recursive: Adj. See Recursive.
  29. this is true by crayz · · Score: 0, Offtopic
  30. Don't let the abusers wear you down. by Futurepower(tm) · · Score: 2


    Not time to emigrate. Time to protest.

    Don't let the abusers wear you down.

    U.S. government corruption: What should be the Response to Violence?

    --
    Bush's education improvements were
  31. Black Tuesday & the Passive American (Long Ess by rm3friskerFTN · · Score: 2, Interesting
    Black Tuesday and the Passive American: A BILL OF RIGHTS CULTURE IS THE ONLY ANSWER

    "We must give up some of our freedoms to help combat terrorism."

    The predictable words -- and actions -- are beginning to spew from political, military, and law enforcement officials and their supporters. For safety, for security, for the greater good, they somberly tell us, we must comply with their agendas. To be protected from terrorism we must submit to more restrictions -- on our ability to travel, our freedom from arbitrary searches, on the privacy of our communications, on our right to bear arms, on our ability to conduct business hidden from the prying eyes of government.

    Sen. Judd Gregg (R-New Hampshire) has called for a global prohibition on encryption products without backdoors for government surveillance.

    Travel regulators have banned knives on planes. (Does this mean even the pilots can't protect themselves and passengers against hijackers?)

    ISPs who were reluctant to cooperate with the FBI's invasive Carnivore program are now rushing to comply.

    The Senate has, in the wake of Black Tuesday, voted to increase the FBI's authority to tap the phones of anyone suspected of terrorism. As we've seen by all these other random restrictions, we are ALL suspects in the eyes of the U.S. government.

    Perhaps most ominously of all, the Washington Post quoted House Democrat Leader Richard Gephardt (D-MO) as making the self-contradictory, but entirely predictable statement, "We're in a new world where we have to rebalance freedom and security. We can't take away people's civil liberties . . . but we're not going to have all the openness and freedom we have had." The Post then went on to describe how every war or crisis of the last 100 years has been use to increase government power -- often in the most draconian ways. More Data Here Freelance supporters of the Surveillance State are rushing to urge everyone to comply. One liberal talk show host responded to callers who complained that Big Brother policies at airports were a problem, "Big Brother is the only thing holding us together!"

    He offered no evidence to show how Big Brother made us safe on Tuesday, September 11.

    WE MUST THINK FREE, NOT PATRIOTICALLY JERK OUR KNEES

    Soon we may be at war. And as always at such times, we'll be expected to "pull together," "do what our leaders tell us is necessary," and sacrifice more freedom in the name of "safety and security" or patriotism. And, as the reality of the Day of Horror seeps in, who doesn't feel an urge to strike back, to "get behind our government," to "show those murdering bastards they can't push Americans around," and to "do whatever it takes to defend the greatest country on earth"? -- even if that means sacrificing individual liberty to "the cause."

    Whatever happens from here on out, we need to remember that Big Brother is NOT holding us together -- that he never can and never will. We must remember that the kind of restrictions on the liberties of ordinary Americans that were entirely ineffective in preventing the attacks of Tuesday, September 11, 2001 will not magically prevent future attacks merely because their severity is increased.

    What did all of Big Brother's efforts do to prevent Tuesday's slaughter? The violations of freedom we've already been subjected to in the name of safety -- airport x-rays, ID checks, disarmament, body searches, and the whole gamut -- became a sick a joke when the day arrived that we needed them to protect the country against the world's worst criminals. In fact, Daniel Pipes of the Wall Street Journal was quick to point out how the government's reliance on mass eavesdropping and tracking actually diverted resources from more effective anti-terrorism methods, such as actually studying and infiltrating genuine terrorist groups.

    Yet now the government proposes a giant national effort to do more of the same -- to impose more ineffective, wasteful, and oppressive mass surveillance and restrictions.

    New restrictions on the freedoms of non-violent people will do nothing to make America or the world safer. They'll make us less safe, as well as less free.

    There are at least two reasons for this:

    THE FIRST is that more restrictions, and more power placed in the hands of government, will simply, in the long run, create more rage and therefore more desire to strike violently. (As we also saw, some restrictions, like those that forbid armed citizens on planes, also make it harder for Americans to protect themselves and their country.)

    THE SECOND is something we observed, tragically, though cell phone calls from four doomed, hijacked planes: the fatal passivity and dependence that seems to be becoming the norm in American behavior.

    THE PASSIVE, UNTHINKING AMERICAN

    It appears now that a handful of heroic passengers on one flight, having learned via telephone that two other hijacked planes had already smashed into the World Trade Center, decided not to allow themselves to be used as weapons of war. These passengers on United Flight 93 attacked the hijackers who were in control of the plane. Doomed in any case, they ended up dying in the woods and fields of rural Pennsylvania, rather than passively allowing their captors to get away with an even more horrendous mass murder.

    We also know that, on at least one other flight --American Airlines Flight 77, which smashed into the Pentagon -- passenger Barbara Olson learned from her husband, U.S. Solicitor General Theodore Olson, of the World Trade Center catastrophe. During two separate calls, Mrs. Olson (a well- known author and conservative television commentator) asked her husband what the pilot -- standing next to her in the back of the plane -- should do.

    Picture that. Passengers and crew have been herded -- and note that word well, herded -- to the back of the plane. Even the pilot, the leader, the chief decision-maker, does nothing. Can't think what do to. Can't act. Instead of attempting to save their own lives and the lives of others on the ground, what do they do? They expect a federal government official to make the decision for them. THE EVIDENCE SAYS THAT THESE PEOPLE DIDN'T EVEN FEEL EMPOWERED TO DEFEND THEIR OWN LIVES WITHOUT FIRST ASKING THE ADVICE OR PERMISSION OF WASHINGTON, D.C..

    And why should we have expected otherwise? Americans have been told repeatedly never to resist crime, always to submit to any demand a thug makes of them. Always go along -- for safety's sake. Go along in order to avoid angering the criminal. We've been told always to submit, as well, to any demand made by anyone who appears to be "in charge." These people on Flight 77 -- and presumably on two of the other flights -- were apparently so paralyzed by their conditioning that they couldn't assert themselves even when the alternative was certain death.

    Even as pathetically disarmed as they were, they could have battered the hijackers with their briefcases, with their shoes, their purses. They could have overwhelmed them with sheer numbers of bodies. They could have gouged at their eyes with fingers or car keys. Could have knocked them unconscious with luggage from the overhead racks. Could have tripped them, stomped on them, tied them up with cords from audio headsets.

    But except on United Flight 93, they apparently did nothing. And so three planes flew, sure and true, into the heart of three American landmarks, slaughtering thousands.

    THE ONLY TRUE SECURITY MEASURE: A BILL OF RIGHTS CULTURE

    We must take back America as a country. We must make it free and independent again -- no longer the would-be ruler of its own people, and no longer playing at being the world's supercop. Only by doing that will earn the world's peace and respect.

    We must take our own individual lives and independent spirits back from would-be rulers and criminals, as well.

    If we consent, passively, to give up more freedoms -- even "temporarily," or "as an emergency measure" -- we'll be doing the opposite. We'll be less safe, less free.

    To restore American freedom and personal courage, we must restore the Bill of Rights -- in our country and in our hearts and minds. If we understand the Bill of Rights, we'll understand what we're fighting for -- and why. If we let it slip away what's left won't be worth fighting for.

    This means not merely having an intellectual or legal understanding of the Bill of Rights. This means not merely memorizing the Bill of Rights or teaching it to our children. This means understanding the concepts of individual liberty that underlie the Bill of Rights -- then living those concepts, breathing them, eating the, dreaming them, holding them as the most central values of our lives, in the same place we hold our beliefs in the diety, or our dedication to our families, or to truth or justice.

    We must behave as free people, expect and encourage others to behave as free people -- and have zero tolerance for anyone who abuses freedom or uses his authority to violate the Bill of Rights.

    If there ever was a time in history to get behind the Bill of Rights and promote it, it is now. If we yield to this mushy thinking that the road to freedom and safety lies in GIVING UP freedom and the Bill of Rights, then we might as well bow down in defeat right now.

    If we don't defend our rights, we'll have no rights. If we don't defend ourselves, our family members, and our fellow citizens -- AND defend their freedoms -- then our lives will be no more valuable than those of cattle and sheep. And the America we end up with won't be the America we thought we were fighting for.

    If you want to be a passive herd beast -- obey whatever the authority of the moment, be that a bureaucrat or a hijacker, tells you to do. Listen to their lies about "safety and security" and obey, obey, obey.

    But If you truly want to combat terrorism or terror-war, learn the Bill of Rights, teach the Bill of Rights, and enforce the Bill of Rights with every action of your life.

    FIGHT BACK WITH THE BILL OF RIGHTS.

    The Liberty Crew Jews For The Preservation of Firearms Ownership, Inc.BR

    --

    I believe Juanita

  32. usually translated as by red_crayon · · Score: 1

    (usually translated "in time of war the law is silent", but I prefer "in the face of arms, the law is silent").

    Translation is an art as well as a science, but, sorry Michael, you should not simply use translations that you "prefer" willy-nilly.

    The usual translation is better both literally and figuratively.

    "Slashdot", usually translated, oh never mind...

    --
    "Never bullshit a bullshitter" All That Jazz
    1. Re:usually translated as by diablovision · · Score: 1

      Both translations are pretty liberal. The most literal translation is "among arms, laws keep silent." It's a loose translation to go from "among arms" to "time of war" and also to loose the plurality of "leges." Its important to note that "silent" is a verb (third person plural), not an adjective, in case you were thinking along those lines.

      --
      120 characters isn't enough to explain it.
  33. /usr/games/fortune quote of the day by GGardner · · Score: 2

    The cry has been that when war is declared, all opposition should therefore
    be hushed. A sentiment more unworthy of a free country could hardly be
    propagated. If the doctrine be admitted, rulers have only to declare war
    and they are screened at once from scrutiny. ... In war, then, as in peace,
    assert the freedom of speech and of the press. Cling to this as the bulwark
    of all our rights and privileges.
    -- William Ellery Channing

  34. Also see the War Powers Act. by Futurepower(tm) · · Score: 2


    Also see The War Powers Act of 1973.

    I think that most of the corruption comes from agencies of the U.S. government that are allowed to break the law, secretly. This article is about that: What should be the Response to Violence?


    Invalid form key: RY1U5tMMTq !

    --
    Bush's education improvements were
  35. inter arma silent leges by gmhowell · · Score: 2

    Excellent episode of DS9.

    Now where were we?

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  36. How Gov't Ignores Existing Law by The+Importance+of · · Score: 1

    LawMeme has excellent legal analysis of how the National Imagery and Mapping Agency (NIMA - part of the Department of Defense) has ignored existing regulations regarding censorship of commercial satellite imagery. Supposedly, such censorship must be decided at the secretarial level - between the Secretaries of Commerce, Defense and State, but the NIMA just went ahead and did it on its own. So even if we have laws, they are ignored.

    1. Re:How Gov't Ignores Existing Law by rm3friskerFTN · · Score: 1
      Awesome Photo Essay here at The Second Amendment looks after the First

      United We Stand, Divided We Fall:Do not allow anyone to divide us and rule. You don't have to have an interest in specific types of firearms or like specific groups of gun owners but you MUST support them. Fail to give aid to your allies in the fight for the preservation of our rights and those rights will be taken from us piecemeal.
      ooo
      Racisim & Hate:The idea is to keep my Black co-workers and my gay neighbors or anyone else who does not fit that very negative description from realizing that their rights are being trampled, too. The newscasts never acknowledge the concept of fulfilling the responsibility to protect their families.
      ooo
      The Truth Shall Set You Free - Knowledge:So, what can we do to counter such well-made propaganda? We can start by acquiring arms and learning how to use them. We can also teach others.
      ooo
      The Past Repeats Itself:Note that the confiscation of firearms in the UK has happend hand in hand with suspension of many civil liberties. It is a technique used by Communists, National Socialists and military juntas world-wide. Presiding over defenseless subjects dispenses with the pretense still used in America that the citizens can hold politicians accountable. Such countries, in effect, are reviving the most unsavory aspects of feudalism.
      ooo

      --

      I believe Juanita

    2. Re:How Gov't Ignores Existing Law by rossz · · Score: 2

      My wife is a professional translator (though not in German). She commented numerous times on what constitutes a good translation and about the art of translating in general.

      A literal translation is almost never the correct translation. The most difficult things to translate are poetry and prose. In these, you must often completely change the sentence to get the true feeling, especially when slang is used. Slang almost never has similar phrase in the target lanquage, but the target language may have a slang expression that captures the true feeling intended by the original author.

      Finally, she has nothing but contempt for machine translations.

      --
      -- Will program for bandwidth
  37. Re:Black Tuesday & the Passive American (Long by dada21 · · Score: 2

    Good article, are you a libertarian?

    Before one can uphold the Bill of Rights, one must understand them.

    The Bill of Rights is a misnomer for the articles it contains: it is better called the "Bill of Prohibitions."

    The Bill of Rights does not grant anyone any rights. The freedoms it is focused on are granted to all humans of all nations from birth, "God-given" rights if you will. The Bill of Rights was written to restrict government from infringing on these inherent rights.

    Once you read it and see that the government is prohibited from infringing in any way these rights, you will understand how screwed we are as a country.

  38. Too Obvious To Pass Up by rm3friskerFTN · · Score: 2, Insightful
    "in the face of arms, the law is silent"

    Perhaps a the most significant reason to support the Second Amendment.

    Otherwise, someone better armed than you will take away your rights.

    --

    I believe Juanita

    1. Re:Too Obvious To Pass Up by gilroy · · Score: 2
      Blockquoth the poster:


      "in the face of arms, the law is silent"

      Perhaps a the most significant reason to support the Second Amendment.


      Otherwise, someone better armed than you will take away your rights.



      I see the reasoning but have never understood the logic. A bunch of shotguns is no match for the US government in any event... or have you been stockpiling nukes and not telling anyone? I fail to see how any collection of ordinary citizens is going to be "better armed" than the United States Army.
    2. Re:Too Obvious To Pass Up by SecurityGuy · · Score: 1

      I see the reasoning but have never understood the logic. A bunch of shotguns is no match for the US government in any event... or have you been stockpiling nukes and not telling anyone? I fail to see how any collection of ordinary citizens is going to be "better armed" than the United States Army.


      They can be better armed because there are many, many more of them. Imagining some provication which would cause the US populace to begin a revolution, I really wonder whether the US Army would happily go about killing off the population who are, after all, their brothers, sisters, parents, grandparents, etc. Put another way, they don't have to be better armed. They have to have the ability to pose some resistance.


      An armed population is a deterrent. Without it (as in many countries) the government knows there is no effective remedy for the civilian population when their rights are violated. Take for example the recent "ethnic cleansing" in Serbia. Given the choice, had I been an Albanian living in Serbia, I'd want to meet the guys coming to kill my family gun in hand. Some chance is always better than no chance.

    3. Re:Too Obvious To Pass Up by rjh · · Score: 2
      I fail to see how any collection of ordinary citizens is going to be ``better armed'' than the United States Army.

      ... Apparently, someone forgot to tell the Viet Cong that they didn't stand a chance, because the US Army had much better weapons and they could just steamroll over the VC effortlessly.

      Let's look at history here, shall we?
      • Great Britain versus the Zulus at Isandhlwana. Score: Zulus 1, GB 0
      • The Soviet Union versus the Mujahedeen in Afghanistan. Score: Mujahedeen 1, Soviet Union 0.
      • Colombia versus FARC in the Andes. Score: FARC 1, Colombia 1, at Halftime.
      • The French Foreign Legion versus Ho Chi Minh at Dienbienphu. Score: Uncle Ho 1, Legion Etranger 0
      • (Doubleheader) The US Army versus Ho Chi Minh in Vietnam, immediately after FFL/Ho Chi Minh. Score: Uncle Ho 1, Uncle Sam 0
      ... do I really need to go on about how historically shortsighted your post is?
    4. Re:Too Obvious To Pass Up by gilroy · · Score: 2
      Nearly all of the examples, I believe, involve insurgent forces supplied by an outside power during the conflict. I'm tired of hearing how wonderful, for example, the Mujahedeen were at resisting the Soviets without anyone commenting how they got their behinds kicked for the first few years, until the US supplied them with Stinger missiles.

      It was not rifle fire that brought down the Soviets. It was the ability of the Stingers to deprive them of air transport ... a capability the Afghans would not have had on their own.



      The other examples mentioned were colonial adventures or foreign wars, and shows nothing about the ability of an armed US population to "deter" US government policies at home. It's quite clear the Viet Cong didn't beat "the US Army". They beat the fraction of the Army that was deployed to fight them, most of the military being constrained politically and physically by the rest of the world situation. In the fevered apocalyptic world in which the evil US Army is resisted by a band of freedom-loving ordinary citzens, we're no longer talking about a politically constrained Army. The assumption always seems to be that the US government "has gone too far" and is willing to contemplate massive force against its own citizens to enforce some policy. In such a world, the kid gloves would be off and you wouldn't be facing a leased dog. The ordinary citizens would be facing the full might of the Army.



      Ask the militiamen from a few years back how successful their plan of armed resistance was. How about that guy who declared a Free State and insisted on his right to print money, etc.? Having the guns doesn't really seem to get things done after all.



      I would be willing to bet that, when passing a tax package, not a single Representative says, "Oh, wait. What if my constituents take to the hills as partisans?" In an established democracy such as the US -- especially a nuclear one -- the best "deterrent" is the ballot, not the bullet. People make decisions on electability, not survivability. And thank God for that.

    5. Re:Too Obvious To Pass Up by rjh · · Score: 2

      Nearly all of the examples, I believe, involve insurgent forces supplied by an outside power during the conflict. I'm tired of hearing how wonderful, for example, the Mujahedeen were at resisting the Soviets without anyone commenting how they got their behinds kicked for the first few years, until the US supplied them with Stinger missiles.

      No, most of those examples are insurgent forces fighting as insurgents. What the Soviets feared weren't Stinger missiles--it was fanatical mujahedeen with AK-47s who could fit in effortlessly into the background. Mujahedeen who, on more than one occasion, skinned Soviet troops alive, within earshot of Soviet camps, just to demoralize the defenders within.

      The Viet Cong were, in fact, supplied by an outside agency... namely, the US Army. That one actually works against you.

      FARC are supplied by an internal agency... namely, the Colombian Army (from whom they steal equipment) and the narcosyndicates (likewise).

      The Zulus overwhelmed the British with spears. Think about that one for a moment.

      It was not rifle fire that brought down the Soviets. It was the ability of the Stingers to deprive them of air transport ... a capability the Afghans would not have had on their own.

      Oh, please. Read up on Afghanistan. Why do you think nobody in their right mind wants to fight there? It's not because of air resupply difficulties. It has to do with Afghani insurgents who think it's fun to skin invaders alive, just so their screams can demoralize their friends who are safe inside their perimeter. The last time the British tried to invade Afghanistan, the Afghanis were stuck in a medieval level of technology and they still annihilated all but one single soldier.

      It's quite clear the Viet Cong didn't beat "the US Army". They beat the fraction of the Army that was deployed to fight them, most of the military being constrained politically and physically by the rest of the world situation

      <yawn> Let me get this straight. We beat "the fraction of the Japanese Imperial Army that was deployed to fight us in the Pacific, most of the military being constrained politically and physically by the rest of the world situation to keep already-won territories in China, Korea and Southeast Asia"? Armies are always limited by political and military reality. You're arguing the trivial here, and nothing nontrivial follows from a triviality.

      In the fevered apocalyptic world in which the evil US Army is resisted by a band of freedom-loving ordinary citzens, we're no longer talking about a politically constrained Army.

      Never read up on the Civil War, did you? When the "evil Union army [was] resisted by a band of freedom-loving ordinary citizens" (as the Confederate armies overwhelmingly were), the Union army still had enormous political constraints--and a lot of the soldiers didn't like the idea of fighting their own countrymen very much, either.

      The ordinary citizens would be facing the full might of the Army.

      Two point five million soldiers versus a nation with over one hundred fifty million armed citizens. Hmmm... my magic eight-ball says, Outlook Not Good.

      Ask the militiamen from a few years back how successful their plan of armed resistance was.

      It failed because, for all its warts and foibles, the United States Government is still in power at the sufferance of the people. One or two half-baked cranks with guns is a hell of a lot different from a popular uprising encompassing millions of people with guns.

      I would be willing to bet that, when passing a tax package, not a single Representative says, "Oh, wait. What if my constituents take to the hills as partisans?"

      Ask Teddy Kennedy if he thinks there are people out there who are willing to kill him if he passes a law which they disagree with. I seem to recall a couple of his brothers winding up on the losing side of extremely one-sided arguments.

      I'm not condoning political assassination, by the by. It's deplorable. But you live in an astonishingly naieve dream world. If a politician does something unpopular enough, that politician stands a pretty good chance of not living long enough to see a re-election bid. That is why, by and large, politicians go to such extreme lengths to make sure people like them.

  39. first amendment is currently being obstructed by tinkerton · · Score: 1

    Policy can often be even more powerful than law. See
    Ashcroft policy . Ashcroft tells agencies to resist claims for use of 1st amendment. He will provide all the legal power to slow down, resist, obstruct claims.

  40. the write up ... by onepoint · · Score: 1

    the write up awoke something in me that I felt for a long time.

    When the USA is in a time of criss, It will act in the "self interest" and "preservation" of it self. Sliding those feelings towards what is the general "greater good".

    So understanding those self interest one should know where to "toe the line" and cross the line for their own safety.

    -onepoint.

    --
    if you see me, smile and say hello.
  41. Very Brief History of Rights in Times of Trouble by jemagid · · Score: 1

    If you're interested in these issues (and if you're an American or interested in political liberty, you should be. ) you might check out an essay I recently wrote on these issues. I cover how the US has behaved in time of war and what this might mean for you, now. http://ibiblio.org/jem/rights-rant.html

    --

    --
    Global Village Idiot
    Email: jem@sunsite^H^H^H^H^H^H^Hmetalab^H^H^H^H^H^H^Hibib lio.org
  42. We are not at war -- technically. by pcx · · Score: 1

    Congress has not declared war so technically this is just a police action. If we're to lose our liberties then congress should actually stop making grand political statements by running away from the capitol and hiding and actually declare war.

  43. Alternate POV by Detritus · · Score: 2
    The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.
    Justice Robert H. Jackson
    Dissenting Opinion
    Terminiello v. Chicago, 337 US 1, 37 (1949)
    --
    Mea navis aericumbens anguillis abundat
  44. Inaccurate at best. Please research first. by dangermouse · · Score: 5, Informative
    It turns out that every single one of those Executive Orders has been revoked and replaced. This is what I found from the NARA disposition tables:

    10990 -> 11612 -> 11807 -> REVOKED BY 12196
    10995 -> REVOKED BY 11556
    10997 -> REVOKED BY 11490
    10998 -> REVOKED BY 11490
    11000 -> REVOKED BY 11490
    11001 -> REVOKED BY 11490
    11002 -> REVOKED BY 11490
    11003 -> REVOKED BY 11490
    11004 -> REVOKED BY 11490
    11005 -> REVOKED BY 11490
    11310 -> REVOKED BY 11490

    The interesting bit is that 11490 was itself revoked by 12656. PEO 12656, "Assignment of emergency preparedness responsibilities", is still on the books.

    Of particular note is Sec. 102, which states in part:

    (b) This Order does not constitute authority to implement the plans prepared pursuant to this Order. Plans so developed may be executed only in the event that authority for such execution is authorized by law.

    As well it should... it's not within the Executive's powers to make law, only to regulate how its agencies carry out the execution of law defined by the Legislature.

  45. Baby and bathwater by dgroskind · · Score: 2

    Levinson, in establishing that Lincoln did not have the authority to suspend habeas corpus, clearly established that Congress does have the authority. In September, 1863, Congress subsequently granted Lincoln the authority he had assumed.

    The threat today of detention without trial does not come from presidential decree but from Congress. The current anti-terrorism law imposes detention without trial on non-citizens for up to 7 days.

    There is no doubt that detention without trial, along with denying access to a lawyer, are very useful tools in fighting terrorism. The pressure to adopt them doesn't have to come from a government bent on despotism but from an honest concern for protecting the lives of citizens. Given Congress' authority to enact such laws, people who oppose them on the grounds that they threaten civil liberties are in effect saying that their elected government poses a greater threat than the terrorists.

    After 9/11, who can doubt where the greater threat lies?

    1. Re:Baby and bathwater by knobmaker · · Score: 1

      Our government is far more powerful than the terrorists. Who should we fear more, the gangbanger with the Uzi or the old lady with the cane? The old lady with the cane might hate us more, but the gangbanger can do us a lot more harm.

    2. Re:Baby and bathwater by dgroskind · · Score: 1

      Our government is far more powerful than the terrorists.

      And a good thing, too. We're counting on the government to win this one and they aren't going to do it by waving the Bill of Rights at the terrorists.

      As for rampaging old ladies, consider this story from from the Daily Telegraph.

  46. bin Laden's guilt by Dimwit · · Score: 3, Insightful

    I'm sick of everyone saying "bin Laden didn't do the WTC attack, and we shouldn't be attacking Afghanistan because we don't have proof." Okay, I don't really care at this point whether or not bin Laden did the WTC attack - we've been trying to extradite him for YEARS for crimes he ADMITTED he was responsible for.

    So what if he didn't do the WTC attacks? He's guilty of plenty of other things. As for suspending the Constitution in time of war - it clearly allows suspension of the writ of habeous corpus in the event of war/military action. And as for Executive Orders - all it takes to override them is Congress passing a law with enough majority to overrule a veto, and they cease to have an effect.

    As for Bush "not negotiating" - Afghanistan has made offers, sure, but none of them are sane. They want to try bin Laden themselves - yeah, that'll be a fair trial. They want to hand over bin Laden to a third country - as long as that country is one of Iran, Iraq, Syria, Lebanon, UAE, Pakistan, Indonesia, etc, etc. All countries whose populations (and probably judicial systems) are very bin Ladin-sympathetic. Once again, I'm sure he'd get a fair trial.

    As for our "horrible" policies in the Middle East. Yes, I'll admit that some of the things we've done were horrible - but what about the other things that people so readily forget? Like the fact that Afghanistan's government's budget consists mostly of foriegn aid - and we provide most of that to them. And the sanctions in Iraq - they don't, as many people say, prevent food or medicine from getting in. They're deliver food and medicine to Iraq, and then have no idea if it's delivered to the appropriate places. Saddam was constructing weapons that could kill hundreds of thousands of people, in violation of international law, and then won't allow people in to see that he's complying with international law. Even though the US allows Russian and UN weapons inspectors in at least once a year to verify their chemical/bio weapons factories are shut down.

    I'm sick of all these Americans deciding that America is wrong in this. I'm a freaking citizen of Luxembourg, and I think America's right in this. Why do its own citizens think that it's wrong to defend itself?

    --
    ...but it's being eaten...by some...Linux or something...
    1. Re:bin Laden's guilt by psych031337 · · Score: 2
      As for Bush "not negotiating" - Afghanistan has made offers, sure, but none of them are sane. They want to try bin Laden themselves - yeah, that'll be a fair trial.


      Oddly enough, the US NEVER EVER agreed to have a US soldier tried in international courts. Can you see the parallels? Will it be a fair trial for the soldiers of the US? I bet. Will it be fair for those damaged? No way.
      --
      +++ath0
    2. Re:bin Laden's guilt by Anonymous Coward · · Score: 0

      Thank you for posting a reasonable point of view that reflects that of the vast majority of Americans (of which I am one). From past observation, I believe Slashdot is composed of a higher percentage than average of people whose opinions tend to run left of center, and thus you will see a large number of posts from people who would much rather put their heads in the sand and their asses up in the air and just wait for the next hijacked plane to come along and plow right into where the sun doesn't shine, than do what it takes to deal with the problem.

      I believe that America has a right and a duty to defend its own national interests, be they to protect our citizens from Islamic extremism (terrorism), and to maintain access to international oil supplies. (Why is that such a bad thing to all these whackos? What's wrong with defending the world's oil supply, and making sure that extremists don't choke off the entire free world?)

      Islamic extremism is a BAD THING. It's time we wake up and do something about it.

      -j

    3. Re:bin Laden's guilt by AndroSyn · · Score: 1

      Please don't take the comments from /. as the opinion of most Americans. Most of the dolts around here are socialist weenies and would be just as happy as bin Laden would be to see the US fall. But don't tell them this. These are the same people who want their civil liberties handed to them on a silver platter. I think these people forget that freedom and liberty has been won with the blood of dead men who were more than willing to fight and die for their country and the ideas it represents.

    4. Re:bin Laden's guilt by invenustus · · Score: 2
      Yes, I'll admit that some of the things we've done were horrible - but what about the other things that people so readily forget?Like the fact that Afghanistan's government's budget consists mostly of foriegn aid - and we provide most of that to them.
      So is that a good thing or a bad thing? The federal government takes its citizens' money to prop up this government that hides terrorists, then when said terrorists attack us, we have to spend more money to attack that government. Does this make sense to anyone?
      --
      grep -ri 'should work' /usr/src/linux | wc -l
  47. I know you don't understand SPQE by Anonymous Coward · · Score: 0
    It is possible that all who were involved perished in the crashes. Our government and the major media want us to believe that Osama ibn Laden was responsible, despite the fact that he actually claims responsibility for his attacks. He is a guest of the Taleban, who has told us (since 9/xx) that they will turn him over upon receipt of conclusive evidence.

    Dear Zen Mastuh Tho you may be circumstantially right, that Dum Laden did not steer the plane into the towers or he doesn't even know the people who did, he did get on TV & demand that others; who seem to know him & his friends; & who seem to be eating off funds supplied by him; did in point of fact commit an act.

    If budya was secretrly Emperor Ming, the fact is the WTC belongs to humanity to Afgans as well as Russians or Americans.It is an object that allows all men to know the power of humanity to an extent that the Dubyas & NASAs can neer detract from. It is an homage to God's children & your jerky friend created the impetus to destroy it regardless as to wether he broke bread with the scum that actually did it.Pres. Bush probably never talked to the FBI agent who is going to arrest your ass but you can be sure he'll be glad he did it.

    These people have proved that there is a faction of cavemen out there that can't be trusted with anything sharper than a peanut butter sandwich. As long as they walk freely even Hussein isn't safe.

    The reason you don't see the evidence is you don't understand the charge.Mr. Laden offered to those who would accept, the forgivness of God for commiting murder against those people who had nothing to do in any way with whatever wrongfull act you may have imagined America actually perpetrated against anyone in the middle East. Contrarywise if it weren't for America They would have killed themselves off, now we have to pay, for their barbarism.

  48. A plea for less heavy-handed satire.... by John+Guilt · · Score: 1

    Please.

  49. We are not at war. by Anonymous Coward · · Score: 0
    Duh. War is what happens when the enemy fights back. Afghanistan has been too busy starving during this decade to have found the free time to be anyone's enemy.


    The US is the Great Satan, damnit, and America did deserve a taste of its own medecine.

  50. "War" is fun by John+Guilt · · Score: 1

    If it were called anything else it would less of an opportunity to do these unpleasant things.

    If you're sending in police after a murderer, you're not allowed to blow up the neighbourhood in which he's hiding---and you're not allowed to say that everyone must give up some unspecified portion of their rights for an indefintely extensible period of time. You're not allowed to take the dwellers' knickknacks or women, if that's your fancy. It won't permit you to excuse any of your failings, and shut up anyone who would point them up...

    War, however, lets you have all kinds of "fun"....

  51. a quote.... by psych031337 · · Score: 2
    Crudely translated back from german:


    "In times of war the omission of lieing is a carelessness, the doubting of lies is a offence and the the declaration of truth is a crime" (Arthur Ponsonby, from the book "Lies in War[times]"


    Here's the original, if you feel like polishing up your language skills or try a better translation.
    In Kriegszeiten ist das Versäumnis zu lügen eine Nachlässigkeit, das Bezweifeln einer Lüge ein Vergehen und die Erklärung der Wahrheit ein Verbrechen. [Arthur Ponsonby, aus "Lügen in Kriegszeiten"]
    --
    +++ath0
  52. Cicero and "Silent enim leges inter arma" by Anonymous Coward · · Score: 0
    The literal meaning of this suddenly popular quotation can be used to support contrary positions. Check out the original context:


    What is the meaning of our retinues, what of our swords? Surely it would never be permitted to us to have them if we might never use them. This, therefore, is a law, O judges, not written, but born with us,--which we have not learnt, or received by tradition, or read, but which we have taken and sucked in and imbibed from nature herself; a law which we were not taught, but to which we were made,--which we were not trained in, but which is ingrained in us,--namely, that if our life be in danger from plots, or from open violence, or from the weapons of robbers or enemies, every means of securing our safety is honourable. For laws are silent when arms are raised, and do not expect themselves to be waited for, when he who waits will have to suffer an undeserved penalty before he can exact a merited punishment.


    --Cicero, Pro Milone, iv
  53. Re:not a war by OctaneZ · · Score: 2

    Yeah, Vietnam was one hell of a police action. You tell my father and the thousands of others who fought during Vietnam that that was not a war either.

    Do we really need a declaration of war from the congress to make it a war? We are bombing, we have landed troups, we are fighting on the ground? How is this not a war other than the perfunctory "declaration."

  54. Actually... by glrotate · · Score: 1

    The reason so little of the info has been released is because it came from the Mossad. This would only provoke the Muslims even more.

  55. And I quote.... by WPL510 · · Score: 2, Interesting

    "Safety from external danger is the most powerful director of national conduct. Even the ardent love of liberty will, after a time, give way to its dictates.The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort to institutions which have the tendency to destroy their civil and political rights. To be more safe, they are at length willing to run the risk of being less free.... It is the nature of war to increase the executive at the expense of legislative authority."

    -Alexander Hamilton, Federalist #8, 1787.

    (For those who don't know, the federalist papers were written in support of ratification of the constitution by some of the very people who wrote the constitution itself.)

    1. Re:And I quote.... by Anonymous Coward · · Score: 0

      It is the nature of war to increase the executive at the expense of legislative authority."

      Except that right now, the legislature, with rare exception, is throwing in with the executive.

    2. Re:And I quote.... by WPL510 · · Score: 1
      It is the nature of war to increase the executive at the expense of legislative authority."

      Except that right now, the legislature, with rare exception, is throwing in with the executive.

      Or, put another way, the legislature is suspending its own programs in favor of what the executive branch wants, including increased authority in certain cases. Which is why the quote is so fitting in the first place.

  56. Re:Inaccurate at best. Please research first. by Anonymous Coward · · Score: 0

    Facts, schmacts. You can use facts to prove anything.

  57. Re:not a war by dangermouse · · Score: 2
    Do we really need a declaration of war from the congress to make it a war? We are bombing, we have landed troups, we are fighting on the ground? How is this not a war other than the perfunctory "declaration."

    Yes, we do need a declaration of war from Congress to make it a war. All sorts of really great stuff kicks in if you're actually at war, including treaties and other international law, an expectation by the people of sunset clauses on emergency laws, and so forth.

    I agree with your sentiments respecting Vietnam... it should have been called the war that it was. But it's a lot easier to get people to support an "intervention" in defense of a democracy beset by Commie usurpers than it is to get them to support an all-out war against a nationalist movement that was attempting to supplant (through political means) an unpopular puppet government established by France and the United States.

    This time around, it's different... we're waging war without declaring war not so that we can claim a moral high ground, but in order to avoid some of the consequences of waging war. Hell, we're even calling it 'war' when we speak about it. Just not in the legal sense, y'understand.

  58. Has the U.S. government ever been on trial? by erostratus · · Score: 1

    Forgive me if this is a naive question, but has any American citizen ever taken the U.S. government to court over the types of issues Sanford Levinson discusses in his essay? Like the fact that the US has not formally declared war against a particular country? Or when Eugene Debs was imprisoned for speaking out against entering WWI? Can the gov't be taken to court for these things?

    1. Re:Has the U.S. government ever been on trial? by pubudu · · Score: 2
      Forgive me if this is a naive question, but has any American citizen ever taken the U.S. government to court over the types of issues Sanford Levinson discusses in his essay? Like the fact that the US has not formally declared war against a particular country? Or when Eugene Debs was imprisoned for speaking out against entering WWI? Can the gov't be taken to court for these things?

      The U.S. Supreme Court ruled against Debs in Debs v. U.S., 249 U.S. 211. It dealt somewhat with your first question, but the Supreme Court insists that everyone who argues before it be a party to the case. Since declarations of war are a power of the Senate, acting as if such a declaration existed when in fact it did not would be a matter of executive encroachment on the Senate; i.e., the Senate would have to sue the President in order for the Supreme Court's requirement of standing to be fulfilled. Of course, this would be more a matter of checks and balances than judicial action.

      Executive encroachment of civil liberties frequently goes to trial, but the government usually wins.

      --
      ~~~~~~

      under-paid karma whore

    2. Re:Has the U.S. government ever been on trial? by gilroy · · Score: 2
      Blockquoth the poster:

      Since declarations of war are a power of the Senate, acting as if such a declaration existed when in fact it did not would be a matter of executive encroachment on the Senate; i.e., the Senate would have to sue the President in order for the Supreme Court's requirement of standing to be fulfilled.

      So, the idea that I'm a citizen and my President has unconstitutionally declared war -- exposing me to war taxes, suspension of liberties, and, conceivably, death in a foreign land -- does not give me "standing" in this issue?


      You gotta love the Court.

    3. Re:Has the U.S. government ever been on trial? by pubudu · · Score: 2
      So, the idea that I'm a citizen and my President has unconstitutionally declared war -- exposing me to war taxes, suspension of liberties, and, conceivably, death in a foreign land -- does not give me "standing" in this issue?

      No, because any war taxes would have to be constitutionally approved by the Congress, as would any authorization of addition powers or general induction. The emergency powers that the President can invoke have already been approved by Congress upon declaration, by the President, of a state of emergency; a state of war need not be declared.

      --
      ~~~~~~

      under-paid karma whore

  59. Its a form of jiu jitsu . . . by werdna · · Score: 2

    A predicate thesis of terrorism is that a nation can never fight terrorism, precisely because it is not a nation, does not have targets and therefore is untouchable. Similar arguments are often made to suggest the internet is not regulable.

    Neither thesis is true. At the end of the day, a terrorist must be somewhere, and that somewhere is going to be subject to some national jurisdiction. The jiu jitsu is what our president did -- we are at war with the terrorists AND THOSE NATIONS THAT HARBOR OR FEED THEM. We then war, traditionally, with nations or authorities that harbor terrorism, and thereby deprive the terrorists of places from which to launch their evils.

    We aren't at war with Afghanistan, by the way, but with the occupying authority -- the Taliban -- which is recognized by almost no nation on earth.

    1. Re:Its a form of jiu jitsu . . . by Anonymous Coward · · Score: 0

      Oh dear, here we go again.
      I know that kind of thinking - the "we just need to kill every cancer cell in the body to kill the disease itself" - thinking. Maybe, if you had a "holy handgrenade of antiochia" kind of thing and could kill every "terrorist" in the world at once, wouldn't you think that before the next week there'd be thousands of them again in those countries that see violent death as an everyday matter (oh yes, that's us as well...), blaming everyone who's better off than themselves ?
      In that case, we are on a permanent war.
      A permanent struggle.
      It does count to remain human while doing it!

  60. patriotism to fanaticism by vocaljess · · Score: 1
    so there's the big picture, then there's the smaller picture, which is how these "big brother" actions affect every day life right now. it's already starting.

    the scariest thing to me right now, with kids in public schools, is all the enforced patriotism in times of conflict/war/whatever you want to call it. it happened during the gulf war, when school children were tying yellow ribbons around trees in my home town, and it's happening even more so now. i'm sure you all have heard about the madison, wisconsin school board's decision to try and buck state law requiring school children to recite the pledge of allegiance or sing the national anthem daily, but here's an account of the outcome of the whole thing, and here's a pretty representative editorial following the fireworks.

    personally, it is terrifying the amount of blind patriotic and religious fervor i'm seeing in the aftermath of september 11, and most of it fully sanctioned by the government that is supposed to protect our freedoms of speech and religion. from bush's declaration of a "national day of prayer" where we saw every important political figure crammed into the national cathedral, to the billboards plastered across the country emblazoned with "god bless america", to all of the late night talk show hosts making cheap jabs at arabs and muslims, to every car, house, yard, and building in my city (milwaukee) sporting tattered american flags, it's starting to look like fanaticism.

    fanaticism is dangerous. that's what started this whole mess in the first place, and our own fanaticism is what's going to make it worse.

    --
    "Why is all this crap here?" -- 4-year-old Brandon
  61. stallmans 'similar theme'? by Anonymous Coward · · Score: 0

    Is this the same Stallman that hypocritically wishes to force his views on others, restricting rights of those who would rather themselves CHOOSE what liscense to use? That Stallman? And this guy is bitching about freedom? Funny how this lovely self proclaimed group of intellectuals is making the exact same mistakes the rest of the talking/typing monkeys are making. You rally against those you claim are 'following the crowd' and using superficial wants over the needs of others, yet you yourselves then justify (that is the key word) the tyranical actions of one that 'shares your interests'. How pathetically unenlightened you are. You see yourselves as better, and that is EXACTLY why you are the very same monkeys.

  62. america's democracy. by polar+red · · Score: 0

    Is a country wich has only 1.001 parties democratic ? The 2 only parties in the system are so much alike, and they are under COMPLETE control of the corporations. The people in America are true slaves of the rich.

    --
    Yes, I'm left. You have a problem with that?
  63. No comparison between Bush and Clinton's elections by Von+Rex · · Score: 1

    Remember, clinton was elected by a plurality, not a majority.

    A fact that was never relevant even when frustrated conservatives first brought it up in yet another lame attempt to undermine the last legitimate president.

    Clinton won the popular vote and he won the electoral vote. There was never the slightest dispute of either.

    Meanwhile, Bush Jr. lost the popular vote by half a million votes and would not have won the popular vote if not for a wide variety of election tampering offences in Florida.

    Only the most partisan Republican hacks could even entertain the idea that Bush's and Clinton's elections were similar.

  64. EFF on Surveillance by webmistress_amanda · · Score: 1

    As usual, EFF has a lot of interesting things to say about the pending "Anti-Terrorism" Surveillance Bills.

    --
    Love 'em all and let God sort 'em out...
  65. benefits by tinkerton · · Score: 3, Interesting

    I agree with one thing, there are big benefits at stake, and England, Germany and France very much like to be part of the game. Italy being the sulking outsider.

    Here is my homework :

    The Caspian oil basin is a very important one.
    Cheney , as CEO of Halliburton in 1998:"I cannot think of a time when we have had a region emerge as suddenly to become as strategically significant as the Caspian". Estimates have only been rising since.

    but actually the whole of central asia is involved. I read that Wolfowitz is very much in favor of grabbing all of it and stripping Russia bare.
    A big problem with the caspian and central asian resources is getting them out through a safe way. There are in several possible corridors.

    - Iran is shortest, but boycotted in every possible way.
    - The corridor to Turkey is difficult to secure.
    - China is more than 2000 miles.
    - The corridor to kosovo is an interesting issue, because the US has been very active in the Balkan conflicts, using NATO as a front, and secured the pipeline(see fort Bondsteel) and the public did not even notice what was going on. Macedonia is needed too in the plan, and underway. The US strategy in the Balkan deserves a lot of attention.
    For one thing, the unrestrained free traffic of Afghan heroin through Kosovo increases financing of opposition in Russian border states like Chechnya.
    - The Afghanistan-Pakistan corridor is best known for the Unocal line in construction, which has been interrupted in Afghanistan since i think 1998(that was the year they asked government for help).

    But Afghanistan is also a starting point for moving north. Russian sources are afraid(well, to be honest , i only found one) that the US will try to drive a mass of refugees north, use it to destabilise the region and create an alibi to intervene with NATO. British and US diplomacy already requested Pakistan to keep the borders closed(I think, can't remember the source right now). I guess they did not need much pressing.
    For this you need weak humanitarian aid inside Afghanistan.

    The only mobile troops of Russia are being pinned down in Chechnya, and Bin Laden does not seem to have control there. Hoe much reason will US need to move north?

    As is well known, not everyone thinks international approval is necessary.

    If you feel like a very long google session, each time take 2 or 3 words at random from:
    Halliburton, Brown and Root, AMBO ,Bondsteel, Cheney, Carlyse, Bush , Caspian oil, Unocal, Macedonia, KLA, NLA, MPRI, KPC, OSCE,William Walker, Afghanistan, heroin, drugs, Oliver North, Vinnell Corporation, Dyncorp, soros.

    That bang you just heard is from a surveillance server that just blew up :)

    The web, real educational at times. And addictive too

  66. learn a bit more about the world by mj6798 · · Score: 2
    Now go stick your head back in the sand or book that one way trip to Germany and leave the rest of us alone.

    Germany today has a constitution, legal system, and political system that was carefully crafted to protect the human rights and freedoms of the individual and to protect the people from government tyranny. This is thanks in part to the US. Unfortunately, domestically, the US system of government falls far short of that. That's perhaps not surprising, given that the US Constitution was crafted hundreds of years ago, without benefit of knowledge of 20th century technology and totalitarianism. And failure of the US system of government to protect individual rights and free speech isn't theoretical, the US system has had spectacular failures in McCarthyism, slavery, racism, antisemitism, and dealings with American Indians, to name just a few.

    You're not going to find many places in Europe that are sympathetic to Osama bin Laden either.

    Advising restraint, asking for publication of envidence, and exploring negotiation is not the same as sympathy for terrorism. Europeans strongly condemn the attacks on the WTC, but that doesn't mean that they generally believe the current course of action by the US is right or effective.

    In fact, it is the US again that is today making deals with terrorists and repressive regimes (Pakistan, China, etc.) in order to satisfy domestic political pressures--to give the masses the revenge they are asking for. As long as US foreign policy consists of one opportunistic deal with terrorists and dictators after another, often motivated by simple economic interests, the US will continue to face huge foreign policy problems. If the US actually started promoting self-determination and democracy across the world, the problem of terrorism would disappear by itself.

    In different words, the one who's sticking his head in the sand is you. Get your head out of the sand, open your eyes, go travel around the world, and learn about its people and their problems, as well as both the good and the bad aspects of American life.

  67. Re:Well..FEMA by gilroy · · Score: 2
    Blockquoth the poster:

    alows the army to operate on US soil which it is not constitutionaly allowed to

    Um, I know the CIA is not chartered to operate within US territory, but I've never heard the armed forces are under the same ban. Sort of makes all those bases and airfields silly, doesn't it?
  68. "War is Peace" by Baldrson · · Score: 2

    Since the Feds refused to follow the constitution in peace time, all discussions like this serve to do is prepare the populus for the precise degree to which the Feds will abuse them during the period they unlawfully call "war".

  69. emergency brake by tinkerton · · Score: 1

    Let me put it this way.

    geopolitics is a jungle. You want to survive in it then it's a reasonable choice to put some real mean guys up there.
    Of course , then you should not be surprised if some day they screw you.
    So you like some emergency brake.
    Even in a state of war, I guess. And certainly in a condition of permanent terrorism.

    Some people could say, yes, but normal ways are to brake constantly, but lightly. And in wartime that is difficult. Could be . Depends on the design. Just taking away all brakes does not sound good.
    how far does "please don't brake now" get you?

    It's not easy to design a guaranteed emergency brake.
    There are also ways of dissenting without (yet) opposing.
    I imagine it would be possible to create formalised forms of showing dissent. So at least you can say you disapprove of decisions but don't oppose them.

    anyone know what mixed metaphors are?

  70. Sunset provisions don't help by jesup · · Score: 1

    Sunset provisions don't help, and may even hurt. Look at Great Britain: in the 70's they passed an anti-terrorism act that allowed indefinite detention without charges (kind of hard to prove you didn't do something if you aren't charged and have your day in court). It had a 1-year sunset provision, so it's only temporary, right?

    Wrong. No politician (or very few) are ever going to vote in favor of "letting terrorists go free" (as their next opponent would term it). So the law has been renewed every year since.

    The same would happen, in all likelyhood, with this law. The sunset provision would discourage many from objecting, thinking they'd get their rights back someday. But come 2004 or 5 or 6, when the provision runs out, you can bet your booties that the intelligence community (having gotten used to being able to spy on whomever they like) will tell lawmakers in a well-covered hearing that not renewing the law would let terrorists go free, compromise investigations, and destroy motherhood and apple pie, and the legislators would renew it with only a few objectors.

    1. Re:Sunset provisions don't help by dgroskind · · Score: 1

      Look at Great Britain: in the 70's they passed an anti-terrorism act that allowed indefinite detention without charges

      I believe suspects can only be held for 7 days before being brought before a magistrate. The magistrate may extend the detention if

      (a) there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary to obtain relevant evidence whether by questioning him or otherwise or to preserve relevant evidence, and (b) the investigation in connection with which the person is detained is being conducted diligently and expeditiously

      This procedure is a bit of an improvement over the previous act, which required only the permission of the Secretary of State.

      It had a 1-year sunset provision, so it's only temporary, right?

      The new Anti-Terrorism Act 2000 has been made permanent.

      The British national experience is quite different from the U.S. In Britain the government is usually seen as a bulwark against anarchy rather than a potential tyrant. The opposition always presents an alternative to the government at the next general election and can be counted on to challenge abuse of authority.

      The idea that politicians in the U.S. will rubber stamp demands for greater executive power is not borne out by the passage of the current bill. In addition, the laws are still subject to judicial review.

      In any case, the anti-terrorism provisions of the current law are relatively mild. The danger isn't that the sunset law will be ignored. It is that the terrorist threat will increase and new, stricter provisions will be required.

  71. Spoiled, whiny, naive ober dicta by Anonymous Coward · · Score: 0

    Oooh, we're headed into a police state! Booga-booga!

    Is Noam Chomsky (who has consistently been an apologist for *every* enemy of the United States since the Vietnam War) in jail? Susan Sontag? Howard Zinn? Bill Maher's dumb comments spawned dumber comments by Ari Fleischer, and he lost some advertisers, but that isn't exactly police state behavior..police states tend to put a cap in people they don't like.

    Canada, that great paradise to American lefties, has, in my lifetime, suspended just about *every* civil liberty so as to deal with Quebecois terrorism. Britian, France, and Germany (those notorious totalitarian countries) have had measures on the books similar to the ones proposed to combat terrorism for years, without turning into Oceania.

    Yes, some of your civil liberties are going to change. That doesn't mean John Ashcroft is the second coming of Laventri Beria.

    Anyone who thinks the United States (or any modern democracy, for that matter) is going to become a police state anytime soon should spend sometime in a real police state..like, say, Syria.

    Slashdot readers should not kid themselves here: the issue isn't whether we'll keep our civil liberties. It's whether we'll win this war, in which case the world will be slightly changed, but still not badly, or whether we'll lose, in which case that old boot smashing a human face forever will be a reality, not a theoretical prospect.

    There is a difference between an imperfect society and Mordor: many of the posters on this thread should learn how to distinguish between the two.

    1. Re:Spoiled, whiny, naive ober dicta by jackl420 · · Score: 1

      An anonymous coward said:

      >Anyone who thinks the United States (or any modern democracy, for that matter) is going to become a police state >anytime soon should spend sometime in a real police state..like, say, Syria.

      Anyone who thinks the United States is *not* already a police state should publicly support medical marijuana or have a campground where pro-pot festivals are held. You could get yourself imprisoned, killed or exiled easily by the police...usually jack-booted, ninja-clad SWAT team thugs who show up in the middle of the night just like the NKVD or Gestapo...

      Anyone who thinks this is just "spoiled whiny, naive obiter dicta" should check out the news stories posted at www.mapinc.org for the main page bookmarks of "Peter McWilliams", "Steve Kubby" or "Rainbow Farm Shootings", the latter being an underreported mini-Waco which happened in a rural Michigan town just this past Labor Day...

      Anyone who wants to bleat mindlessly with the rest of you sheeple about "our freedoms" should go downtown and light up a big spliff in the Town sqaure and see just how free you really are...

      All of you people give me a big laugh. We've already LOST most of these freedoms during the past 30 years "War on user of some Drugs those in power don't like". "They" are just extending these anti-drug powers to the rest of us in the search for those elusive terrorists. They're even trying to justify the WOD because its (supposedly) anti-terrorist too, and because of the convenient Afghanistan-Opium connection.

      Forget that most illegal drugs here in the U.S. don't have ANYTHING to do with Asia; this flim flam willl be used to pile on to Joe Potsmoker who will be portrayed not only as a criminal "loser", but now a full-fledged Enemy of the People who directly supports terrorism owing to his/her heinous lack of virtue.

      Open your eyes a bit wider AC, you might see something....

      J

    2. Re:Spoiled, whiny, naive ober dicta by Anonymous Coward · · Score: 0

      My eyes are open. And I see another spoiled, naive, whiny ober dicta.

      You'll pardon me if I think that lacking the freedom to light up a spliff is not a great tragedy: as I noted, an imperfect society is different from Mordor.

      Waco? Ruby Ridge? How about Hama if you want a real atrocity...and, unlike after Ruby Ridge or Waco, there wasn't any kind of hearings or public protest after that, since the people who did Hama are running a real police state. (Never heard of Hama? Well, I'm not responsible for your ignorance, and a google search for "Hama Syria 1982" will quickly fix that problem)

      Police states don't let forums like Slashdot run. They don't tolerate dissent..and their lack of toleration isn't White House press secretaries saying silly things, it's a bullet to the back of the head, and your family's heads, too.

      Is American society perfect? No.

      But we're not living in Oceania, and we aren't going to be any time soon..unless, of course, we lose this war. (Although Oceania is a bad example...Saudi Arabia on a global scale is a better analogy).

      The issue is not whether we're perfect: it's whether we will be killed or enslaved by a ruthless enemy with dreams of global conquest. Either condition will do far more damage to our civil liberties than acts of Congress which can be revoked later.

    3. Re:Spoiled, whiny, naive ober dicta by jackl420 · · Score: 1

      True, "real" totalitarian countries *do* stifle dissent more than Amerika. Here, the dissent is simply marginalized or ignored (although drug war protester leaders such as Peter McWilliams or the Rainbow Farm owners *are* essentially murdered for their beliefs, although lesser protestors draw only lengthy prison sentences). I guess you can marginalize my words as well, AV, and label me "whiny", I guess, since it's only pot or drugs that's involved, which you obviously don't consider a big deal and think those that do are spoiled, whiny or whatever your perjorative of the day is.

      However, with over 1,000,000 people in prison in the U.S. for drug crimes and the former drug czar Barry McCaffry even worrying out loud that we had created "gulags" (HIS word, not mine) all too reminiscent of the former Soviet Union in terms of quantity/quality, I wonder at what point people like you AV are convinced that the problems with our too-authoritarian and Constitution-ignoring government are really a problem. (Do you have to piss in a bottle in order to keep writing computer code?). Certainly, Western Europeans and other people in developed democratic countries do not believe that the US is any beacon or exemplar of freedom as it was once viewed. It's only people like you, AV, and the millions of sheeple like you who believe the hype about we're the "free-est" people on earth.

      So call me spoiled and whiny because "they" are stepping on my rights that (you think) don't involve you. Dietrich Bonhoffer got it right talking about Germany in the '30s: when they come for you, AV, there won't be anyone left to protest.

      J

    4. Re:Spoiled, whiny, naive ober dicta by Anonymous Coward · · Score: 0

      As usual, it's pointless to argue with an idealogue: it's like to trying to convince belivers in "Creation Science" that, well, what they believe isn't really science.

      Anyone who thinks the United States (or any modern democracy, for that matter) is totalitarian is either a) stupid b) ignorant c) blinded by ideological blinkers d) suffering from some sort of mental illness that has made them lose all persepctive and grip on reality or e) on some really strong hallucinogens.

      If you really think that the drug war (which, I might add has been going on for a looooonggg time) is comparable to Hitler's takeover of Nazi Germany (where an *immediate*, brutal assualt began on all dissent, and where the last public speech against the regime was made 5 years after the takeover, and where the guy who made that speech barely dodged assassination) has some severe problems with their grip on reality. William F. Buckley, for crying out loud, is against the war on drugs at this point...and I haven't seen any long kinves coming out for him, or any of the other public figures who are dissenting from that "war."

      The only person I'm worried about coming for me, at this point, is Ossama bin Ladin and his gang of thugs...who will not, I might add, give any warning when they come for anyone, and who are singularly unaffected by rhetoric...unlike the leaders in our democracy, who do have to respond to public opinion, and who can be swayed...which is why that quote you used is topical. If we were living in a totalitarian state, that quote would be useless at this point, as speaking out when "they" came for someone would just get you a trip to the City of Grief with them.

  72. under the rich mans thumb by Anonymous Coward · · Score: 0

    yes, but what is worse, is that the rich do seem to always say they are for 'the common man'. Tell you what mr rich guy... leave me to my own business. Stop causing my taxes to get raised and my already taxed money to be spent on more programs.

  73. Good Morning, it's 1984 by pivo · · Score: 2, Interesting

    Read the original article here

    Date: September 27, 2001

    Published on Saturday, September 22, 2001 Bush's Orwellian Address Happy New Year: It's 1984 by Jacob Levich

    Seventeen years later than expected, 1984 has arrived. In his address to Congress Thursday, George Busheffectively declared permanent war -- war without temporal or geographic limits; war without clear goals; war against a vaguely defined and constantly shifting enemy. Today it's Al-Qaida; tomorrow it may be Afghanistan; next year, it could be Iraq or Cuba or Chechnya. No one who was forced to read 1984 in high school could fail to hear a faint bell tinkling. In George Orwell's dreary classic, the totalitarian state of Oceania is perpetually at war with either Eurasia or Eastasia. Although the enemy changes periodically, the war is permanent; its true purpose is to control dissent and sustain dictatorship by nurturing popular fear and hatred.

    The permanent war undergirds every aspect of Big Brother's authoritarian program, excusing censorship, propaganda, secret police, and privation. In other words, it's terribly convenient.

    And conveniently terrible. Bush's alarming speech pointed to a shadowy enemy that lurks in more 60 countries, including the US. He announced a policy of using maximum force against any individuals or nations he designates as our enemies, without color of international law, due process, or democratic debate.

    He explicitly warned that much of the war will be conducted in secret. He rejected negotiation as a tool of diplomacy. He announced starkly that any country that doesn't knuckle under to US demands will be regarded as an enemy. He heralded the creation of a powerful new cabinet-level police agency called the "Office of Homeland Security." Orwell couldn't have named it better.

    By turns folksy ("Ya know what?") and chillingly bellicose ("Either you are with us, or you are with the terrorists"), Bush stepped comfortably into the role of Big Brother, who needs to be loved as well as feared. Meanwhile, his administration acted swiftly to realize the governing principles of Oceania:

    WAR IS PEACE. A reckless war that will likely bring about a deadly cycle of retaliation is being sold to us as the means to guarantee our safety. Meanwhile, we've been instructed to accept the permanent war as a fact of daily life. As the inevitable slaughter of innocents unfolds overseas, we are to "live our lives and hug our children."

    FREEDOM IS SLAVERY. "Freedom itself is under attack," Bush said, and he's right. Americans are about to lose many of their most cherished liberties in a frenzy of paranoid legislation. The government proposes to tap our phones, read our email and seize our credit card records without court order. It seeks authority to detain and deport immigrants without cause or trial. It proposes to use foreign agents to spy on American citizens. To save freedom, the warmongers intend to destroy it.

    IGNORANCE IS STRENGTH. America's "new war" against terrorism will be fought with unprecedented secrecy, including heavy press restrictions not seen for years, the Pentagon has advised. Meanwhile, the sorry history of American imperialism -- collaboration with terrorists, bloody proxy wars against civilians, forcible replacement of democratic governments with corrupt dictatorships -- is strictly off-limits to mainstream media. Lest it weaken our resolve, we are not to be allowed to understand the reasons underlying the horrifying crimes of September 11.

    The defining speech of Bush's presidency points toward an Orwellian future of endless war, expedient lies, and ubiquitous social control. But unlike 1984's doomed protagonist, we've still got plenty of space to maneuver and plenty of ways to resist.

    It's time to speak and to act. It falls on us now to take to the streets, bearing a clear message for the warmongers: We don't love Big Brother.

    Jacob Levich (jlevich@earthlink.net) is an writer, editor, and activist living in Queens, New York.

  74. Moderate up by Moderator · · Score: 0

    I don't agree with this post, but this has to be the most thought out posting I've ever read on Slashdot.

    --
    The World is Yours.
  75. Dear Moderators by drsoran · · Score: 1

    Please read this.

    Specifically this paragraph:
    Concentrate more on promoting than on demoting. The real goal here is to find the juicy good stuff and let others read it. Do not promote personal agendas. Do not let your opinions factor in. Try to be impartial about this. Simply disagreeing with a comment is not a valid reason to mark it down. Likewise, agreeing with a comment is not a valid reason to mark it up. The goal here is to share ideas. To sift through the haystack and find needles. And to keep the children who like to spam Slashdot in check.

    Unfortunately it seems the spamming children have control of the moderation system these days. I guess those hundreds of thousands of troll accounts are good for something eh?

  76. something isn't quite right by maxpublic · · Score: 1

    As an American I believe (believe, mind you; my own government has provided no empirical evidence whatsoever that what I believe is true) that Osama bin Laden, his followers, and many other folks loosely associated with fundamental Islamic terrorist groups were the prime participants in the four-plane hijacking attack on my country.

    Please note: I said "prime participants", not "solely responsible".

    Take a look at the evidence. Osama bin Laden, despite press claims to the contrary, is not a twisted genius. He's a rich, disaffected playboy from Saudi Arabia who has a keen desire to be worshipped, and he found satisfaction in this desire by hooking up with anti-American terrorist groups and giving them tons of cash. Not exactly original - people have been buying adulation since the dawn of history - and certainly not exceptional.

    Bin Laden has been involved in two attacks that we know of - embassy bombings in Africa and an attack on an American warship. In the first case this involved all the skill and effort required to plant a car bomb close to the embassies (duuuh, even I could pull that one off), in the second all it took was one insane fanatic and a boatload of explosives, plus lax security on the warship (real complicated plan, that one). Neither attack was terribly effective in terms of American casualties, nor particularly impressive in their ability to inspire terror.

    In effect, both of these 'operations' were incredibly amateurish. Even Timothy McVeigh, a single loony American, was capable of doing far more damage than bin Laden and all of his money, terrorist 'cells', and allies. In comparison to McVeigh, one might even think that bin Laden and his cronies extremely incompetent, more 'play-acting' terrorists with a few real followers than a highly-organized, very skilled group of killers.

    But then, we've already established that bin Laden is a rich, disaffected playboy, so the first two attempts at terrorism are what we might expect from him. Very simple, very straight-forward bungled efforts.

    People say "well, Iraqi intelligence had a hand in helping him out". I'm sure they did; but no one has ever claimed that Iraqi intelligence was one of the shining lights in the covert ops community. In fact, Iraqi intelligence has suffered some hard hits because Sadam, in fits of paranoia, has at times taken to executing everyone with even an ounce of competence anywhere in his general vicinity, claiming that they were "plotting a coup against him". Iraqi intelligence isn't the worst in the world, but it's a far cry from excellence.

    In order to blame September 11 solely on bin Laden, the Iraqis, and a few other terrorist organizations, we have to posit the following:

    - that bin Laden suddenly became a 'twisted genius' overnight;
    - that Iraqi intelligence has been fooling us all along, and is even better than the KGB once was;
    - that various terrorist groups managed to cooperate on a plan bigger than any in history without someone letting the cat out the bag or betraying one another, as they often do;
    - and that every single intelligence agency in the U.S. and the rest of the First World fell flat on its face all at the same time.

    Frankly, although our government seems to think this makes perfect sense I find it a bit too much to swallow. 'Incredible' doesn't begin to cover it.

    It makes alot more sense if you add in one additional factor: that bin Laden and his cronies had serious help from within the U.S., from people with the power to hoodwink all of these intelligence agencies long enough to pull the plan off. If bin Laden had the assistance of strong, powerful allies inside the U.S. the simultaneous successful hijacking of four planes and the subsequent destruction that followed - without any single part of this operation being compromised - becomes much more believable.

    Imagine if bin Laden, sitting in Afghanistan surrounded by devoted worshippers had someone whisper into his ear "O Great One, I have a plan....". And this plan filled him with glee; even more so that the plan was supported by hidden allies within the Country of Satan itself. How could he resist?

    But then the plan succeeded beyond his wildest expectations, as everyone in the world saw on TV. And rather than doing the traditional terrorist thing by claiming responsibility for this feat, bin Laden watched the CNN footage and said to himself "oh shit...." as it belatedly occurred to him that he now had just become the most hunted man on the planet, and that soon American Special Forces would be gunning for him wherever he went. How could he know that such a daring, wild plan would actually succeed? Surely the Americans weren't *that* stupid, that *none* of his groups would be caught? Most likely bin Laden thought that the best that could be achieved was a fight with airport security and front page news for another few days, another annoying bin Laden-esque attempt at being a thorn in the American backside. But to actually destroy the World Trade Center? Who could've believed that the allies in the U.S. would be *that* powerful?

    Not exactly the dream of a rich playboy, to be on the run from expert assassins for the rest of your life. It's one thing to play at being a terrorist, it's quite another to be the most infamous terrorist in history with a lifespan measured by how far you can keep ahead of American fury.

    I'm also willing to bet that at this point bin Laden realized that he hadn't thought this plan up, it had been brought to him; and that he had been played for a patsy. The real threat, the people who actually made all of this happen, would be safe and secure in the U.S., never suspected and never hunted. Osama would pay for them, and a nation of very pissed-off Americans would only be appeased by bin Laden's head on a pole. And that's where it would end, of course; with all the rampant patriotism and whatnot very few Americans would be inclined to ask suspicious questions, as I'm doing here.

    Very conspiracy-theory like, I'll admit; and while an avid fan of the X-Files I like the show because it's all crap fiction with no bearing whatsoever to real life (there aren't any UFO's, assholes; get over it already). But I've been turning this over and over in my head and without the strong allies in the U.S. the whole thing just doesn't ring true - my bullshit detector goes crazy when the government explanation is taken at face value.

    So what exactly is achieved by the destruction of the WTC? Two things: a concentration of more power into the presidents hands (a never-ending state of war); and more restrictions on civil liberties. Okay, this makes sense. But who gains?

    That's my unanswered question in all of this: Who gains? Who within the U.S. would benefit from expanding the powers of the president and reigning in civil liberties? I don't know myself, and until I figure this out the government explanation in and of itself seems like a fairy tale, while mine seems more likely but still part-and-parcel of X-File-land. And that doesn't sit well with a skeptic like me who doesn't believe in aliens, the supernatural, psychics, or successful conspiracies.

    Who gains? Answer me that, if you can.

    Max

    --
    My god carries a hammer. Your god died nailed to a tree. Any questions?
  77. Remember Warsaw Ghetto [Re:Too Obvious To Pass Up] by rm3friskerFTN · · Score: 1
    First, we know that the Jews in the Warsaw Ghetto, when they finally turned to armed resistance, succeeded in holding off the Nazi war machine for nearly a month. These were civilians running an urban guerilla resistance -- using a relatively small number of guns and ammo smuggled in or taken from killed Nazis. In this case, the Warsaw Ghetto defenders damaged the Nazi effort -- and if that had been multiplied over the countryside, it would have meant more damage to the Nazis, and possibly a change in Nazi policy. (See Jon Guttman's article, "Genocide Delayed", in March 2000 issue of World War II magazine, available on line at: HERE and HERE

    Second, Stephen Halbrook has written a book recently showing that the Nazis did not invade Switzerland in large measure because the Swiss citizens were all armed with military weapons, were trained, and enjoyed a hilly terrain that would benefit the defenders. In this case, the threat of armed resistance deterred the Nazis. (Target Switzerland: Swiss Armed Neutrality in World War II, Sarpedon Publishers, 2000)

    The above copied and pasted from Ask The Rabbi: Should they have fought back?

    BTW, I can neither confirm nor deny whether or not I own an "assault" rifle (aka NOT a shotgun). Perhaps you too should have the option/choice of making such a statement. What if ALL your neighbors could say the same thing? What if every Jew in the Warsaw Ghetto could and DID own an "assault rifle"?

    --

    I believe Juanita

  78. Re:Opium production by ctucker · · Score: 1

    Perhaps you should check your facts before slandering Uzbekistan. According to the Economist: "UN officials believe that 2,800 tonnes of opium, convertible into 280 tonnes of heroin, is in the hands of the Taliban, the al-Qaeda network of militant Islamists, and other Afghan and Pakistani drug lords" and "the current food shortage partly reflects a conscious decision by the regime to promote the cultivation of opium rather than wheat."

    --

    --
    My other computer is your IIS server.
  79. All the Laws but One by Shooter6947 · · Score: 1

    An excellent discussion of civil liberties in wartime can be found in the book All the Laws but One, written by the currently sitting Chief Justice of the Supreme Court, William Rehnquist. Inside Rehnquist discusses in detail some of the incidents mentioned in the article linked to in this article, especially old Abe's suspension of the Writ of HAbeas Corpus and the subsequent political imprisonment of rebel sympathizers in the Maryland legislature. As Lincoln said then, "Are all the laws, but one, to go unexecuted, and the government itself to go to pieces, lest that one be violated?" When Abe says it its hard to disagree with it, seeing as at the time the Republic REALLY WAS threatened with extinction.

  80. We are not at war & what about the War Powers by wganz · · Score: 1

    Finally, someone hits the nail on the head. Congress failed again in its job by failing to pass a Declaration of War. Now, we are headed into another 'Constitutional Crisis' in that all the Taliban has to do is to hold out more than 90 days and American forces will have to disengage, or Prez Bush tells Congress where to put the War Powers Act, or Congress will finally drag up off their lame buttocks to do their job.

    It is more likely that options 1 & 2 will happen.

  81. Not sure what you're talking about. by DanEsparza · · Score: 1
    Frankly, I'm not sure what you're talking about.

    If you're referring to the 'threat' of someone actually using the phrase 'God bless America' in a sign at a school (see http://www.sacbee.com/news/news/old/local03_200110 13.html for more information) then yep -- I suppose the ACLU is right on target.

    If you're referring to Ashcroft 'investigating' whether or not we should create a national ID system, or convict hackers to life in prision (a little extreme, if you ask me) -- the ACLU has been strangely silent (as far as I know -- correct me if I'm wrong, of course).

    Sadly, I think the ACLU is actually adding to the distraction of the real issues in our country right now. They're not helping anyone but their own best intrests (which as far as I know, is nothing new).

    I think the real issue that the bugs the hell out of the ACLU right now is that it's becoming fashionable to 1.) Stand up against folks like the ACLU who are simply distracting America from being patriotic 2.) Be a patriotic American 3.) Be a 'God fearing' American 4.) be a soldier, actually taking part in an effort to stop terrorism.

    Peggy Noonan said it best with her column this past week, "Welcome back Duke" (referring to John Wayne, of course).

  82. Re:not a war by Compenguin · · Score: 1

    Vietnam wasn't a war. It was the democrats slaughtering the children, which is why to this day, i have never voted democrat.

  83. test post by Anonymous Coward · · Score: 0

    test

  84. Not quite the way you think by rm3friskerFTN · · Score: 1
    Nearly all of the examples, I believe, involve insurgent forces supplied by an outside power during the conflict.

    Not True in the case of the Warsaw Ghetto [or American Revolution - grin] ... all arms were STOLEN from the Nazis. Too bad law-abiding Germans [especially Jews] could not LEGALLY own "assault" weapons before Hitler came to power. Of course, this is the problem ... "law-abiding" citizens will do what their good government tells them to do. Then when a bad government takes control (e.g. Hitler, Algerian Islamic Facists, Allende/Shining Path & Chile, Stalin, Castro, Cambodia, ...) it is too late. Off to the gas chambers, gulags, reeducation camps, killing fields you go ... happy happy joy joy.

    First, we know that the Jews in the Warsaw Ghetto, when they finally turned to armed resistance, succeeded in holding off the Nazi war machine for nearly a month. These were civilians running an urban guerilla resistance -- using a relatively small number of guns and ammo smuggled in or taken from killed Nazis. In this case, the Warsaw Ghetto defenders damaged the Nazi effort -- and if that had been multiplied over the countryside, it would have meant more damage to the Nazis, and possibly a change in Nazi policy. (See Jon Guttman's article, "Genocide Delayed", in March 2000 issue of World War II magazine, available on line at: HERE [thehistorynet.com] and HERE [jpfo.org]

    Second, Stephen Halbrook has written a book recently showing that the Nazis did not invade Switzerland in large measure because the Swiss citizens were all armed with military weapons, were trained, and enjoyed a hilly terrain that would benefit the defenders. In this case, the threat of armed resistance deterred the Nazis. (Target Switzerland: Swiss Armed Neutrality in World War II, Sarpedon Publishers, 2000)

    The above copied and pasted from Ask The Rabbi: Should they have fought back? [jpfo.org]

    BTW, I can neither confirm nor deny whether or not I own an "assault" rifle (aka NOT a shotgun). Perhaps you too should have the option/choice of making such a statement. What if ALL your neighbors could say the same thing? What if every Jew in the Warsaw Ghetto could and DID own an "assault rifle"?

    --

    I believe Juanita

  85. Perspective is everything by Anonymous Coward · · Score: 0

    It's not a war? To Afghani, it is a war (they probably think the Soviets came back for another round...), but to Americans it's just another TV show. Sad.

  86. Do you get letters like this in the mail? by Anonymous Coward · · Score: 0
    Dear GOP supporter:

    Thank you for your faithful support. We here at the GOP have saved over 1,000,000,000 children from destruction at the hands of the evil "Democrats", also known as "The Liberals", with the aid and support of patriotic Americans such as yourself.

    The situation for children is more critical now than ever before...

  87. more geostratic factors by tinkerton · · Score: 1

    Any evidence I've seen that this military action (which is in compliance with the War Powers Act, btw, even as an undeclared war; Bush _has_ reported to Congress) is being driven by petrochemical interests is on far weaker ground than the evidence that Al Qaeda was responsible for the attacks in September.

    Driving force suggests it makes decisions for you. That's not necessarily it. It is sth to take in account.

    Considering that fundamentalist Islam is trying to get full control over the region from Afghanistan to Chechnya(with Pakistan as a main agent, not Afghanistan), there is the possibility of A very large fraction of world oil coming under their influence(how monolithic fundamentalist islam would be, i have doubts).
    In terms of size, Islam terrorism in the US looks more like a bit of "spillover" of what's happening in Asia, and which US helped to create, while trying to undermine Russia. But by now, Russia is weakened enough.

    If Bush starts a general war on terrorism, the enemy coincides well with competitors trying to control oil. This allows to use all kinds of political means, like boycots(eg Iran),and excuses for military interventions.

    At the moment one can't conclude more than "it's something to take in account".

    For one thing it explains the mini top in Europe . Why do France and Germany want to get involved so much?

    BTW: US and UK took the initiative for the Caucasian Commonwealth(around the Caspian) already 5 years ago, and Chechnya seems to have been a more important partner than Russia, which was left out(Russia has a major oil pipeline through Chechnya).

  88. Re:Facts? by Anonymous Coward · · Score: 0

    Have you considered the irony of linking the word 'facts' to economist.com?

  89. Re:not a war by gorilla · · Score: 2
    Yes, we do need a declaration of war from Congress to make it a war. All sorts of really great stuff kicks in if you're actually at war, including treaties and other international law, an expectation by the people of sunset clauses on emergency laws, and so forth.

    Which is why there hasn't been a declaration of war in 50 years.

  90. Who gains..? by cr0sh · · Score: 2

    I'll take a stab at it...

    The corporations gain - a flagging economy, then war - wow, sudden need for all of those products.

    But do I think that reps of all of the multinationals got into this big room and hashed this plan out themselves in secret? Sounds like a squabble when the Taliban comes together for a meeting (tribal heads, etc).

    No - probably not. I like your idea, though - not sure how true it is or not, but very plausible - I wondered the same thing the day of the attack (ie, did it come from within?)...

    I can see something else, though - what if the heads of the major competing airlines to those who were big that got "used" staged this, perhaps in cooperation with whoever was likely to get the contract to rebuild/reconstruct the towers (or recondition - maybe they didn't even expect them to fall)? Sounds nutty, doesn't it? Or maybe it was heads of Boeing - being as they manufacture tons of military hardware, as well as civilian aircraft (which might need mods/changes/new systems for "safer" travel in these "times")? Actually, that last one...

    Here's to hoping I don't "disappear"...

    --
    Reason is the Path to God - Anon
  91. Two nitpicks... by Squirrel+Killer · · Score: 2
    I agree with you mostly, but for two little nitpicks...
    1. You said, "It would appear that the ONLY reason they've said as much as they've said now [to turn over bin Laden]is because we're actively dropping bombs on their heads." Actually, they made the offer to turn over bin Laden to a third party before we launched the initial airstrikes.
    2. Re: Opium - The Taliban had won worldwide appreciation for their dramatic reductions in Afghanistani-produced opium before the 9/11 attacks. Not due to draught or rugged terrain, but due to their extreme anti-drug policies, based on their strict interpretation of Islamic laws. No one was willing to risk their life just to produce opium.
  92. Re:not a war by Johnny5000 · · Score: 1

    "Vietnam wasn't a war. It was the democrats slaughtering the children, which is why to this day, i have never voted democrat."

    I know how you feel. I refuse to vote Whig, due in large part to the whole Fugitive Slave Act debacle.Damn that Millard Fillmore.

    Seriously though, none of the democrats you hold responsible are still in power in the party. Your continued refusal to vote for them is as illogical as my refusal to vote Whig.

    --
    The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.