Bush Claims Mail Can Be Opened Without Warrant
don_combatant writes to note that President Bush claimed new powers to search US mail without a warrant. He made this claim in a "signing statement" at the time he signed a postal overhaul bill into law on December 20. The signing statement directly contradicts part of the bill he signed, which explicitly reinforces protections of first-class mail from searches without a court's approval. According to the article, "A top Senate Intelligence Committee aide promised a review of Bush's move."
Mod parent up.
What is it that we don't understand about the definition of "crimes against the Constitution"
That's where all these crazy circumstances about ticking bombs and stuff falls apart.
If it truly was needed, the correct procedure, under a government of laws and trials by jury, is to break the law, and explain it to the court later.
And, yes, arguing 'I had to commit that crime to prevent a larger one' is a perfectly valid legal defense, even when there's no specific law to that effect. I.e., self-defense would be, and was for longest time, legal under English common law without any specific law to that effect.
Of course, get anywhere past assault of someone, and what is a 'larger' crime is up for debate. It probably wouldn't be okay to burn down a house to stop someone from jaywalking. It probably is okay to burn down a house to stop a whole neighborhood from burning down, but I wouldn't recommend trying it out in court.
Anyway, we don't need to make laws allowing people to do whatever they want in emergencies, because we already have a check on the law when reasonable people would allow lawbreaking in emergencies, and it's called 'a jury'.
Of course, the very concept of a jury requires an arrest and a trial, which requires not doing it in fucking secret. You want to torture someone to stop a nuclear bomb going off, or whatever the crazy concept is this week, fine. Do it. Then turn yourself in to the police. Don't pass laws saying you can do it with no review, in secret, whenever you say it's important enough.
If corporations are people, aren't stockholders guilty of slavery?