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US Attorney General Questions Habeas Corpus

spiedrazer writes "In yet another attempt to create legitimacy for the Bush Administration's many questionable legal practices, US attorney General Alberto Gonzales actually had the audacity to argue before a Congressional committee that the US Constitution doesn't explicitly bestow habeas corpus rights on US citizens. In his view it merely says when the so-called Great Writ can be suspended, but that doesn't necessarily mean that the rights are granted. The Attorney General was being questioned by Sen. Arlen Specter at a Senate Judiciary Committee hearing on Jan. 18. THe MSM are not covering this story but Colbert is (click on the fourth video down, 'Exact Words')." From the Baltimore Chronicle and Sentinel commentary: "While Gonzales's statement has a measure of quibbling precision to it, his logic is troubling because it would suggest that many other fundamental rights that Americans hold dear (such as free speech, freedom of religion, and the right to assemble peacefully) also don't exist because the Constitution often spells out those rights in the negative. It boggles the mind the lengths this administration will go to to systematically erode the rights and privileges we have all counted on and held up as the granite pillars of our society since our nation was founded."

50 of 1,151 comments (clear)

  1. Hmmm by Cervantes · · Score: 4, Insightful

    "Nothing to see here, please move along."

    First time I've ever seen that. Couldn't be more descriptive of what the administration would like everyone to do... for everything.

    And, btw, this load of crap from the same party who ridiculed "That depends what 'is' is."

    --
    If I knew the wedgies I gave you back in 6th grade would have resulted in this . . . I might have taken a moments pause.
    1. Re:Hmmm by lysergic.acid · · Score: 5, Insightful

      hypocrisy? that's like saying a judge who might have stepped on a few ants then convicting a serial killer for murder is a hypocrite. one guy is weaseling out of a situation regarding his personal life, the other is trying to undermine our consitutional right to habeas corpus.

      seriously, you're a fucking moron for even trying to equate the two. i'm usually not this harsh on people, but this news should be a serious concern for american citizens.

    2. Re:Hmmm by lysergic.acid · · Score: 4, Insightful

      just goes to show that soundbites are more powerful than facts when swaying public opinion. if you don't own the media, you can't get away with even a blowjob. but if you DO own the media, then you can commit perjury and mass murder and still get away with it.

    3. Re:Hmmm by iminplaya · · Score: 5, Insightful

      ...but this news should be a serious concern for american citizens.

      Well, it's not. And move out of the way, I'm trying to see the TV.

      --
      What?
  2. Re:old by ScrewMaster · · Score: 5, Insightful

    The Second Amendment is starting to look better and better all the time.

    --
    The higher the technology, the sharper that two-edged sword.
  3. Why haven't these fascist assholes been impeached? by mrchaotica · · Score: 4, Insightful

    Or more appropriately, executed for treason?

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  4. Lynch him.. by QuantumG · · Score: 5, Insightful

    seriously, how can you tolerate a US Attorney General who questions such a fundamental right?

    This whole "how much damage can he possibly cause in 4 years?" attitude is appalling.

    --
    How we know is more important than what we know.
  5. Hate to say I told you so by Rosco+P.+Coltrane · · Score: 4, Insightful

    I've been thinking for years, that this country is turning into a police state. When 9/11 happened, many people, including myself, saw a clear case of Reichstag burning. Whenener I posted this opinion on this here forum, I was modded as a troll.

    This country is slowly turning into Nazi America. History repeats itself... Still think I'm trolling?

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Hate to say I told you so by DavidTC · · Score: 5, Insightful

      I've been thinking for years, that this country is turning into a police state.

      A little late, aren't you? The second Bush asserted the right to lock up anyone, citizen or otherwise, 'enemy combatant' or otherwise, this country became, ipso facto, a police state.

      A 'police state' doesn't require 'fascism' or whatever, a police state is simply a country in which the police or military do not have to answer to a court as to why they are holding someone prisoner. Aka, Habeas Corpus.

      Bush's administration managed to pretend that POWs don't get trials, just various Geneva rights, and that their prisoners are not entitled to those rights, and the fucks in the media went along with the lie, and we suddenly because a police state. Everyone, being held by the government, legally gets a trial, even POWs, no exceptions whatsoever. (It's just POWs don't want trials, because then they'd stop being protected POWs and start being imprisoned felons.)

      Everyone has the right to a trial, or you are in a police state by definition, it's not even arguable. That's what a police state is, a state where the executive arm of the government can imprison people without trials. Everything else is just dressing. It's called a police state because no other part of the government has any power, the judicial because there are no trials, and the legislature because the actual written laws have ceased to be important without actual trials, the 'law' is whatever the executive branch feels like doing.

      In this country, only the legislature can disable Habeas Corpus, and then only during times of armed insurrection or actual invasion. Which, incidentally, they have not done.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  6. The trampling of the constitution.... by dfenstrate · · Score: 5, Insightful

    Is a favorite pastime of both parties. The feds have been ignoring the constitution since at least FDR's new deal, and some would say the civil war.

    If you shout and cheer for the limitless power given by g readings of the interstate commerce clause and the 'general welfare' clause (quip), you're part of the problem. If you think that the constitution wasn't designed to cuff the federal government into a very limited role it's now outgrown, you're part of the problem.

    If you have no clue what the 9th and 10th amendments are, and you think the 2nd amendment is outdated or a 'states right' (*snicker), YOU ARE PART OF THE PROBLEM.

    The constitution isn't a salad bar. You don't get to pick and choose. You either respect it, or you don't. If you don't you'll get some programs you like (SS, medicare, HUD, etc) and you'll get some you hate, losing your freedoms all the way.

    The government pisses all over the constitution every day because we let it and we elect people who make and deliver on promises that are not within the assigned powers of the federal government.

    The constitution isn't a living document. It means what it says, with the meaning that the orginal writers intended. If it's a living document then it can mean anything, and so it basically means nothing. The original intent of the founding fathers is not an arcane secret difficult to divine- they were quite prolific writers and record keepers- go find what else they wrote and their intent will be clear.

    You can blame Gonzalez, you can blame Bush, but you really should blame FDR, blame Lincoln, and most of all blame yourself.

    If you really want to get picky on the constitution, then the following goes away:

    Every state and local gun ban

    The department of education, the Department of the Interior, HUD, Social Security, Medicare, and a whole lot of others I don't remember.

    You can argue that some of those functions are proper for the federal government to have and in some cases I might agree with you. The fact remains that all of them exist only because 'interstate commerce' now means anything that can conceivably happen in more than one state, and 'general welfare' now means 'welfare for the individual.' We can change the constitution if we think the feds should have more power. We just don't bother.

    You bought and paid for this administration's abuses with a million other trespasses you let slide because they made you feel good.

    --
    Alcohol, Tobacco and Firearms should be the name of a store, not a government agency.
  7. neocons==neofacists by plopez · · Score: 4, Insightful

    Do you need it spelled out to you even more plainly than that?

    They are the most vile, unamerican, undemocratic power grabbing swine in the nation. More than happy to subvert the constitution for themselves and thier corporate friends. Some of them were even saying how Mossolini wasn't such a bad guy after all. They are more than happy to expend a few trillion dollars and thousands of deaths to prove thier grand geopolitical theorys.

    Oh, and I'll be the first to say it: Godwin's Law!

    --
    putting the 'B' in LGBTQ+
  8. Re:Why haven't these fascist assholes been impeach by QuantumG · · Score: 4, Insightful

    Where's all these constitution loving guns nuts I'm always hearing about? How come no-one puts a bullet in people like this? Is it just the shoot terms in the US that cause such apathy in the redneck population? Or is it just that gun nuts are too poor these days to afford bus fare?

    --
    How we know is more important than what we know.
  9. These Other Guys Said... by Foozy · · Score: 5, Insightful

    "Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding."
    Justice Louis D. Brandeis, US Supreme Court Justice 1928 Source:dissenting, Olmstead v. United States, 277 US 479 (1928)

    "Men have discovered no technique for long preserving free government except that the executive be under the law."
    Justice Robert H. Jackson Source:Sam Ervin, The Whole Truth

    "The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority."
    Justice David Davis (1815-1886) U.S. Supreme Court Justice 1862-1877 Source: Ex parte Milligan 71 U.S. 2 (1866) DAVIS, J., Opinion of the Court http://liberty-tree.ca/qb/David.Davis.Quote.5879 [liberty-tree.ca]

  10. Well duh by mobby_6kl · · Score: 5, Insightful

    In his view it merely says when the so-called Great Writ can be suspended, but that doesn't necessarily mean that the rights are granted.

    Of course they're not granted, the government doesn't grant any rights. It can protect or violate them, but not decide that they were not granted to someone.

  11. Moo by Chacham · · Score: 5, Insightful

    Wow, his statement is troubling.

    Interestingly enough, it was a Republican, Sen Specter, that challenged him on this. As the article comntinues "Gonzales's remark left Specter, the committee's ranking Republican, stammering."

    So, if both parties don't want this, let's hope this guy gets canned, quickly.

  12. In Other News... by mageofchrisz · · Score: 5, Insightful

    We're fucked.

  13. Re:And IX too by Incongruity · · Score: 5, Insightful

    Seriously? Was that just some sort of test to see if the committee was listening? Or if the people of America are listening? The Attorney General ought to be removed from his position for such a clearly unconstitutional view... I mean, really, amendments IX and X are pretty damned clear on this matter.

    When will we (as a people) care that our rights are very very quickly being crushed under the thumb of our government?

  14. Why won't neocons strictly interpret... by zymurgy_cat · · Score: 4, Insightful

    ...the Constitution? They claim to do that. And if you strictly do that, you realize that the government only has the powers specifically given to it in the Constitution. All other rights and powers go to the people and/or the states. Thus, unless the government is specifically given the power to suspend habeas corpus (which it *is* in limited circumstances), it cannot infringe upon on that right. That right, as specifically protected in the 9th amendment, is not disparaged merely by not being listed.

    Now, if one wants to "liberally" interpret the Constitution (e.g., not use a "strict" interpretation), then you could make the argument that Gonzales is making. Of course, no neocon would do that for political gain, nosiree. Yep, they'd strictly interpret the Constitution in all cases.....

    --
    -- Fugacity: Confusing chemists since 1908
  15. Re:So who does NOT have that Right? by Twilight1 · · Score: 5, Insightful

    And why Bush has not fired him for that comment.

    Because Bush hired him *because* of such attitudes toward the country and its people. After all, to Bush, the Constitution is "just a god damned piece of paper".

    These uncivilized people see public policy and people's rights merely as a speed-bump on their road to greed and power.

    -Twi

  16. So what by RichPowers · · Score: 4, Insightful

    The Attorney General argues a position that advances the interests of the executive. I by no means support his dumbassed argument, but that's his prerogative. The issue here is what will Congress - that other branch of government we all forget about - do about it? Cut funding to certain programs, refuse to confirm any executive nominees, etc. until the executive renounces its position? Our system breaks down not when one branch takes an outlandish position, but when the other branch fails to call them on it. Presidents and cabinet members will be making dumb decisions for decades to come. What troubles me is that future Congresses will continue the inaction established by the past few Congresses. I'm merely pointing out that our government is failing us in other ways. Please don't misconstrue this as support of the idiotic administration. Hell, the Democrats still won't end the Iraq War because they're afraid a "spin machine" will make them look anti-soldier. Instead they're debating worthless non-binding proclamations - proclamations directed at a president who doesn't care about public or congressional opinion.

    1. Re:So what by demachina · · Score: 4, Insightful

      "Our system breaks down not when one branch takes an outlandish position, but when the other branch fails to call them on it."

      Well for most of the last six years the Congress has been controlled by the same extremist party that controls the Executive. Why would you think they were going to call a President from their own party on anything. The price you pay of putting one party in complete power is that party can perpetrate massive excesses unchecked by anything but the courts. If that party packs the courts over time.....

      The failure here mostly lies with the American people for electing this particular group of people in 2000, 20002, and 2004, though a somewhat broken election system helped in 2000 and 9/11 gave the party in power a massive tool to manipulate the electorate until the shock wore off some 5 years later. You mostly have to blame all this on the gullability of the American people, most of whom don't have a clue when it comes to civics and politics. A little blame falls on the two party system, and the fact the Democrats have routinely sucked so bad the some how managed to make Fascist look desirable by comparison.

      I would expect the Democrat's control of the Congress will rein in some of the excesses we've seen in the last six yeas but never underestimate the Democrats for their stupidity and their own fondness for Federal power.

      "...the Democrats still won't end the Iraq War because they're afraid a "spin machine" will make them look anti-soldier."

      That is an extreme oversimplification. The Democrats CAN'T "end" the Iraq War. All they could do would be to cut funding and force the U.S. to withdraw as was done in Vietnam. That wouldn't "end" the Iraq War. It would probably just move it in to a new phase where the Sunni and Shia could start a full fledged civil war unchecked by the presence of the U.S. military. There is a high probability the Iranians would openly back the Shia, the Saudis, Jordanians and Egyptians would back the Sunni. The Kurds would probably seek an independent Kurdistan which would probably trigger a Turkish military response since the Turks wont tolerate a Kurdistan with designs on the Kurdish parts of Turkey. There is a fair chance the entire Middle East would explode in to a war that would massively disrupt the global economy. If the oil in Saudi Arabia, Iran and Iraq all goes off the market due to a full scale war the consequences will be dire. If Iran and the Shia acquire nukes then chances are the Saudis will get their own to protect Sunni interests.

      If you ever watched the old Matthew Broderick flick "War Games", the punch line is basically the same. The only way to "win" was to not play the game. Saddam sucked, but Iraq has been a power keg since it was cobbled together by the British. The wiser George H.W. Bush knew this in the first gulf war which is why he left Saddam in power. His foolish son, clueless to history, world politics and cultures other than Texan didn't grasp this. He lit a fuse on a power keg and its almost certainly going to explode now. Vietnam had no vital importance to the U.S. so there was little price for abandoning it. Abandoning Iraq now that we've kicked the ant pile is unfortunately not going to solve anything. The one saving grace may be that the Middle East is so vital to the entire global economy that if the U.S. does withdraw, the rest of the world's actors may have to step in to try to keep it from exploding.

      In most respected Iraq is a no win scenario so you can't really blame the Democrats for not having a "fix". No win scenario is what you get when you elect a clueless, spoiled preppy, who had no clue how the world work, as President of the world's biggest military power and give him a blank check to do something stupid.

      --
      @de_machina
  17. Re:The trampling of the moderation points... by Incongruity · · Score: 4, Insightful

    While I believe the views expressed by the above poster are extreme (that's not a comment on their correctness, simply a comment on how they compare to the popular mode of thinking), in no way do I think that the "troll" moderation is fair -- it's a valid opinion, even if you don't agree with it. If I had the mod points...

  18. Rights? Wrong. by Anonymous Coward · · Score: 5, Insightful

    You know, who ever declared that Alberto Gonzales has the right to live? Anyone?
     
    Quite the contrary. The penalty for treason is hanging. Don't they swear them in with an oath to protect the Constitution?

    1. Re:Rights? Wrong. by WhiteWolf · · Score: 5, Insightful

      You know perjury isn't treason. As a crime treason is very specifically defined. People toss "traitor", "treason", "treasonous", etc. around without even the slightest hint that an act of treason has actually been committed. They should rip the tongues out of anyone who makes baseless accusations. Pot. Kettle. Black.

      Specifically:

      Oran's Dictionary of the Law (1983) defines treason as: "...[a]...citizen's actions to help a foreign government overthrow, make war against, or seriously injure the [parent nation]." I can think of fewer things more injurious to the United States than the Fascist dribble coming out of the mouth of our nation's attorney General. You know, governed of, by and for the people?

      P.S. - Perjury would require statements on the part of Gonzalez that are demonstrably false - in this case he expressed an opinion that the Constitution doesn't offer the right of Habeus Corpus - thank what ever you hold sacred that he isn't a judge in a position to rule on matters of law to that effect.
      --
      Eye kneed eh Grammer chicken.
    2. Re:Rights? Wrong. by linguae · · Score: 5, Insightful
      Don't they swear them in with an oath to protect the Constitution?

      The problem is that the Constitution is interpreted by whomever sits in the Supreme Court, not necessarily based on the exact law of the Constitution. Certain administrations have twisted the meanings of certain parts of the Constitution (complete lack of respect of the Tenth Amendment, abuse of the "general welfare" and commerce clauses, etc.). It's not necessarily what's in the Constitution. It's who is interpreting it. It's sad, but this is how the US government has been running since 1933.

    3. Re:Rights? Wrong. by digitalunity · · Score: 4, Insightful

      Indeed, taking away your right to trial or imprisonment without trial is merely a bypass of the very court you need to challenge your detention. If we, the US, leader of the free world cannot even follow our own constitution then we're no better than the human rights violators in China and Brazil.

      Your right to a trial is the single most important right you have, ahead of all other rights. Without this right, you could be imprisoned for no reason at the whim of any military or DOJ official with high enough clearance. This is the very definition of a dictatorship; a leader without law.

      I think we should follow Gonzalez instruction, suspend his habeus corpus rights and just toss him in a hole for all eternity where he can starve to death. Maybe after a few months, or decades he will have a change of heart regarding the importance of this right.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  19. Wasn't Ben Franklin one of the founding fathers? by COMICAGOGO · · Score: 5, Insightful

    He said: "Any society that gives up a little freedom for a little security will lose both and deserve neither." Just thought that might have something to do with what the writers of the constitition had in mind.

  20. Re:Contradiction? by kfg · · Score: 5, Insightful

    How can you suspend something that doesn't exist then?

    This was more or less Hamilton's argument against a Bill of Rights. He predicted arguments such as this, based on interpretation of the specific "grant" of right.

    But as he pointed out, under the Constitution rights are not granted by the Constitution. Rights, in a government of, by and for the people are held by them in the first place, not doled out by a government that is merely their social tool.

    The Constitution is not a grant of rights to the people, but The People imposing limits on the powers of government to infringe and usurp their innate rights. If the government is not allowed the power to infringe rights, no code is necessary to enforce them, and no code exists to be warped into its Newspeak antithesis.

    The government only has the power attributed to it by The People. Power is to the people. The Constitution is a limit on the government's power, not your rights. Have we got that?

    But The People have come to think of government as the source of power and the doler of rights. Essentially Monarchial. That's why even the term "Liberal" now means a grant from the government, rather than the freedom of the people, and why even "Liberal" in the modern socialist sense is a legitimately bad word in terms of American political philosophy. It implys you are a ward/serf of the state. Someone to importune for a handout, when in point of fact the power, money and services are yours, by ownership and by right.

    That these people are being allowed to pervert the system in the name of "Conservatism" to install an Orwellian fascist state is a crime against The People. Literally. The People ought to send them to jail. They belong there.

    I fear, however, that instead I, and those like me, shall be sent to exile at best; and the wall at worst.

    Been nice knowing you; have a happy; and remember, you do not watch the TV Grandpa, the TV watches you. When you least expect it, you're elected, it's your lucky day. Smile! You're on candid camera. We come in peace. Shoot to kill.

    KFG

  21. Re:I don't understand Americans... by scoot80 · · Score: 5, Insightful

    In America.. doesn't sex get censored on TV, while you can buy guns anywhere? .. that could be a problem.

    In Aus.. guns aren't easy to get to, while our TV is innundated by tits and asses... we have less gun problems, and noone wants to get involved in a fabricated war...

  22. Re:Why haven't these fascist assholes been impeach by lordvalrole · · Score: 5, Insightful

    Because Americans are full of ignorant people who don't really care. The majority of Americans really just don't care and it is sad. America just be called The new Rome. Supply the people with entertainment and people could care less about what is happening at the top.

  23. Protect and Defend...? by IBitOBear · · Score: 4, Insightful

    Isn't _EVERY_ _SINGE_ member of the armed services individually sworn to "protect and defend the constitution from all enemies, foreign and domestic"? Or is it just the president?

    Shouldn't _someone_ be arresting these people by now...? Who does the arresting when the person who is _supposed_ to be doing the arresting is the one that should be arrested?

    Yea, I know, slippery slope and all that, but damn, this is sounding a _lot_ like treason (by "pun" or by "confabulation" or some such perversion of the language and with some deliberate mendacity apparent, since nobody can be _THAT_ stupid can they?) executed by or on the behalf of our "elected" leaders.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  24. Gonzales is Right by jhml · · Score: 5, Insightful

    The Constitution grants no rights. Our rights are granted by our Creator, or, if you prefer, by the fact of our humanity.

    That isn't wild theorizing. It is solid constitutional law.

    For instance, the Constitution provides no right of procreation. Most of us would concede it a right of people. So did the Court when the question arose.

    The Consitution does prohibit government from infringing on some of our rights, and it gives Congress some powers to protect others, but it grants no rights by itself.

    Habeas corpus additionally is not a "right". It is a procedure to enforce a fundamental right --not to be unjustly imprisoned.

    As a procedure it is not self effectuating,. It requires statutory implementation. Over the years Congress has both limited and expanded the procedures governing granting a writ of habeas corpus. So have the courts.

    Gonzales could have phrased his answer in a form more pleasing to the public. But he is not just "technically right". He is fundamentally right, and the principle underlying his answer is a greater defense of our liberty than a position that the Constitution is the fount of our rights.

  25. Americans to get lesson on slippery slopes by bigberk · · Score: 5, Insightful
    First they came for the Jews
    and I did not speak out
    because I was not a Jew.
    Then they came for the Communists
    and I did not speak out
    because I was not a Communist.
    Then they came for the trade unionists
    and I did not speak out
    because I was not a trade unionist.
    Then they came for me
    and there was no one left
    to speak out for me.

    Nobody seemed to care about Americans who have a middle eastern background, since those dark boys are the "bad guys" these days. Nope, not the Jews, or blacks, or gays... this time it's those dirty muslims! Nobody raises much of a fuss when they're harassed by the government and police, suspected as terrorists because in this post-9/11 world you gotta... I mean they wear turbans. Or something.

    Then people start to get a bit nervous about how the government is wiretapping everything. Or how ISPs are served warrants (secret warrants) for handing over private data, which can not be publicly disclosed. But hey they're probably just after those scary brown islamic people right, I am safe ... right? I'm a white christian, I'm probably safe.

    Oops what's this, the military/government is saying detained prisoners can not question the court process or raise objections. No habeas corpus for them? Well that's ok, we should detain them forever without trial! In this post 9/11 world you gotta...

    But wait a second. The US Attorney General tells the nation that US citizens do not have the right to question the legal process or authority of courts. That's citizens, as in YOU, not the brown muslim in gitmo. YOU don't have such a right. Now this doesn't sound cool... it's one of the foundations of western law. Could have sworn that US citizens were guaranteed that right. It seemed obvious.

    We should have started worrying when those brown boys began losing their rights. Now they are coming after YOU. Wow just like in the historical warning.

  26. Re:And IX too by udderly · · Score: 5, Insightful

    No, I don't think that America is listening or watching. That or they just don't care as long as they get all of the NFL football, Grey's Anatomy, or XBox 360 that they desire. I'm afraid that between the Patriot Act, the Fairness Doctrine, the recent Bill S1, and now this crap with the AG, it won't be very long that our rights will be so eroded that our Democracy will go out with a whimper.

    The thing is that so many seem to support certain rights more than others and this could be our downfall. Gun owners want gun rights and don't care about free speech. Free speech advocates care about their thing and ignore freedom of religion. Etc., etc. It also seems that Republicans seem more offended at a Democratically-proposed freedom infringements, and vice versa.

    If you read some of the other posts on this story, you will see people suggesting executing, lynching or murdering the AG (interestingly enough modded "Insightful"); but check their post history and see if they were so exercised when the Senate tried to control certain types of paid political speech by bloggers. The AG should most certainly be fired immediately, but one wonders whether party affiliation might have something to do with this selectivity.

    The fact is that if you are an American and you haven't taken the opportunity to call and write your Congressmen/Congresswomen and pitch a huge fit, you are shirking *your* responsibility. After that, it may become necessary to protest in street, even if it's not a right that benefits us personally or reflects our party's position.

  27. Re:Contradiction? by Original+Replica · · Score: 4, Insightful

    The sad thing is I don't think Hillary or Obama will change the rules.

    Good point, When is the last time a politician voted themselves less power?

    --
    We are all just people.
  28. seen this sorta thing at the state level by JimBobJoe · · Score: 4, Insightful

    Several years ago I wrote a state agency in Ohio telling them that they did not have the authority to collect certain data that they were collecting. (We're calling it data type X.) Ohio law specifically says that any state agency must be granted the ability by the state legislature in order to collect data.)

    What Ohio law does have, for this particular example, was a law like "Data type X shall not be a public record." The agency I was dealing with responded that the legislature must have indirectly given the agency the ability to collect data type X because they went out of their way to recognize it in another part of the code.

    Both this and Gonzale's testimony are creative ways of redefining law.

  29. Re:Contradiction? by iminplaya · · Score: 5, Insightful

    paper(constitution)
    scissors(government)
    rock(people-you,me,all)

    too simple

    --
    What?
  30. Re:Non-left wing posts get auto-trolled by Guppy06 · · Score: 4, Insightful

    "Seriously, politics should never be discussed on Slashdot as anyone who does not cling to a hard-left viewpoint on EVERY issue is labeled a troll automatically."

    If the Ninth Amendment is "hard-left," call me a freakin' Bolshevik.

  31. Re:Not Quite by fredrated · · Score: 5, Insightful

    When Alberto attempts to do an end-run around the Constitution, he becomes the enemy, like a fifth column, and is certainly "giving them Aid and Comfort"

  32. Re:If people could READ by Planesdragon · · Score: 5, Insightful

    If anything, Gonzales has erred on the side of saying that the Constitution calls it a 'right', which it plainly does not.

    Habeas Corpus is one of the enshrined rights that the government was specifically prohibited infringing upon. Whether it's a "right" granted by God or a "priviledge" granted by the law is irrelevant -- Constitutionally speaking, it's something the feds can not suspend without extreme cause.

    On a broader sense, if we have to abridge basic rights to wage this war, then our foes are right to oppose us. We cannot do justice to those who were murdered on 9/11/01 if we sink to our worst level.

  33. Re:If people could READ by robmered · · Score: 5, Insightful

    I am neither a lawyer or a US resident or citizen. However, I am able to use my brain and know a little about the history of jurisprudence. I'm willing to concede that the Writ may not be a natural right, as such (there are other kinds of rights, but for the sake of argument, I'll concede your point), but it is a necessary instrument that ensures that the natural rights of justice and equality before the law are not infringed upon. The Attorney General is correct insofar as the US constitution does not grant the right of habeus corpus.

    However, what he fails to acknowledge is that the Writ of habeus corpus is a part of the common law, and so exists, as part of the law of the land in the US (as it does in other countries that inherited British common law). Legislators and the executive branch of government may not overturn that common law, except in the two situations mentioned in the Constitution. For the A-G to imply, as he seems to be doing, that habeus corpus can be ignored by the Executive is to ignore the fact that the Writ of Habeus corpus is legally binding, and the Constitution ensures that this will always be the case through prohibiting legislation to change the common law. The A-G is being disingenuous, pedantic, and a bit of a dick.

  34. Re:old-Right to bare arms. by tkrotchko · · Score: 5, Insightful

    Well, yeah. But that's how the Rebel army defeated the British on U.S. soil in the 18th century. We didn't really defeat the British in the sense that they surrendered themselves to the Americans. They just got tired of fighting and so they left.

    In the end, it's quibbling over words.

    A honeybee can't defeat a man. But then why is it that when a bee buzzes around a man's head that the man runs away? Doesn't make any sense. Nonetheless, a bee can "defeat" a man by making him run away.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  35. Re:Which district is that? by fyngyrz · · Score: 5, Insightful

    The problem for US citizens is that habeas corpus has been suspended for them by recent unconstitutional legislation, and in such a way that no challenge is possible because no one knows where they are being kept, why they were taken, or who they were taken by. Might have been a kidnapping by a ragtag group of manic Islamists as much as a taking by some nebulous "federal authority." And of course the prisoner is of no help; he has no representation, no ability to contact anyone, no prospect of a trial, or even of a speedy determination if he or she is actually an enemy combatant.

    Habeas corpus is gone, and with it, every part of the 6th amendment. For US citizens, much less for those who are not. And for those who say "not when the supreme court gets after it", unfortunately, that won't stop the government from its takings and subsequent malfeasance in the meantime, will it?

    --
    I've fallen off your lawn, and I can't get up.
  36. Fingers in the Constitution by Dr.+Donuts · · Score: 4, Insightful

    Here's some logic maybe even Gonzales can understand.

    "Mr Gonzales, how many fingers do you have on your right hand?"

    Gonzales:"5"

    "Now, the constition says the Government may not chop off your fingers, correct?"

    Gonzales:"Correct"

    "But the Constitution didn't give you those five fingers, did it?"

    Gonzales:"No"

    "So Mr. Gonzales, wouldn't it be reasonable to assume that since the Constitution didn't give you those five fingers, and the Constitution says the Government can't take them away, that you probably had them to begin with?"

    Gonzales:"..."

    The depth of irony here is almost beyond pale. The AG of the United States arguing that the Constitution doesn't explicitely grant a right, which is exactly why the authors of the Constitution framed it the way they did to prevent exactly such arguments. The Constitution *grants no rights*, because you inherently have *all* rights. Same as you were born with fingers and toes, you were born with all rights.

    These rights are not just if your an American, they are *inalienable* human rights as understood by the founding fathers.

    Truly, this administration doesn't understand what "becoming the enemy" means.

  37. Re: Scary by fourchannel · · Score: 5, Insightful

    Remember grandpa Bush helped support the Nazis during WWII. Grandpa was even convicted on it!

    So how can one claim to be fighting for freedom and "The American Way", while at the same time taking away that very freedom and desecrating all those men that gave up their lives war after war for freedom and keep from giving a maniacal laugh at the same time?

    This administration has to be either the most dishonest or mentally challenged administration in history! George W. Bush is responsible for his own actions. Do not assert that the actions of his grandfather are his responsibility aswell. These are two different people -- you can easily disapprove of either man -- but don't merge them into one person for you to drive your rage at.
    --
    ---FourChannel---
  38. Re:If people could READ by Sj0 · · Score: 4, Insightful

    Depending on the source, the Iraqi war has resulted in between 30,000 and 100,000 deaths of non-combatant civilians. The low number was presented by George W. Bush himself a few months ago at one of his staged 'town hall meetings'.

    Given this, and given that Saddam Hussein's regime has been admitted by George W. Bush himself to be unrelated to the actions of 11/9/01, how can the United States claim moral or ethical right to claim justice?

    I mean, in pursuit of reckless vengeance, between 11 and 30 times the number of innocent civilians have been killed. Where is the line where the actions of the Muslim terrorists become infinitesimal compared to the blood on our own hands?

    --
    It's been a long time.
  39. Re:Video by misanthrope101 · · Score: 4, Insightful
    The Neoconservatives aren't conservative; they are totalitarian in the Leo Strauss "the enlightened ones must lead because they know best" sense of the word. Hence the "big lies" of Iraq, liberals are evil, etc. The inherent problem with all "the enlightened must rule because they know best" systems is that th enlightened aren't really that enlightened, they are susceptible (like everyone) to self interest and so just enrich themselves and their buddies, and they always turn to totalitarianism eventually. Even Rumsfeld, probably the most well-liked and least evil-seeming of the Neocons, said "the current system of government makes competence next to impossible." Is that an all-out cry for Stalinesque death camps? No, but the idea that "the reason my policies have failed utterly is that the system needs to be altogether changed" basically means "give me more power." The idea of a secretive cabal of really smart rulers ruling benevolently for the masses inevitably leads to totalitarianism as the rulers try to force reality to make their ideas work. And there is always support for this from their party, because the politically charged atmosphere means you can't embolden the other party by breaking ranks.

    Since it's patently obvious that the Neocons have been diastrous for the Republican Party, I hope they're jettisoned ASAP. We can't wait for them to admit they're wrong, because that does not happen, ever. Conservatives can, eventually, but Neoconservatives have that weird "vision" thing that is never, ever wrong in and of itself. The core Neocons like Cheney will always believe, just as the core still believe that Saddam was linked to 9/11, etc. We just have to hope that the Repubs sideline them and get back to being conservative.

    It may be an academic exercise anyway, because neither Romney nor McCain could beat either Hillary or Obama in the election. The question of "would they be good Presidents?" pales next to whether or not the religious right will vote for them, which they won't. Dobson has already rejected McCain, and Romney is a Mormon. Without Dobson et al, they can't get in office. This isn't to say that I particularly want a Hillary/Obama administration, but if the election were held this week, that's what we would get.

  40. Re:Not Quite by ultranova · · Score: 4, Insightful

    When Alberto attempts to do an end-run around the Constitution, he becomes the enemy, like a fifth column, and is certainly "giving them Aid and Comfort"

    And by trying to broaden the definition of treason with semantic tricks like this, you are doing the exact same thing: reinterpreting your Constitution to mean whatever you want it to mean.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  41. Simple ending by KlausBreuer · · Score: 4, Insightful

    Well, I'm a bit unhappy that it's happening in my lifetime, but at least I'm not living in the USA anymore.

    Read some history, ladies and gentlemen. Over the years there were quite a few world powers you'd never think of today: Greece, Italy, Spain, Portugal, and so on. These were countries of POWER. They ruled the world.
    And after a collapse, they're now very friendly tourist destinations with lovely countrysides and nice people - who don't get on the nerves of their neighbors.

    The state collapse always followed the same pattern. And you can see the exact same thing happening in the USA now. Read it up, you nonbelievers ;)

    Personally, I like the USA citizens - at least the ones I met while I lived there for a while. It's the state which is running itself into the ground, and which will collapse relatively soon.
    I'm sure the country will turn into a beautiful destination for tourist travels; it'll just take a few years.

    --
    Free PC version of ChipWits at http://www.breueronline.de/klaus/chipwits/
  42. Re:Slashdot Echo Chamber by Paladin144 · · Score: 4, Insightful

    It's going on six years since the USA PATRIOT Act. Can't somebody, somewhere, think of something new and original to post for once?

    You're kidding, right? It's the slashdot echo chamber that prevents alternate views from being heard. There are plenty of people who have made very astute arguments concerning revolution, Reichstag Fires and secret cabals ruling us from behind the scenes but these posts are almost always modded into oblivion (as this post most likely will be).

    Face it, dude. People just don't want to hear the truth. They would much rather close their eyes and go "Lalalalalalaaaa" instead of facing the awful truth. They would much rather argue back and forth about what Clinton did or how dumb Bush is. Blah blah blah.

    The truth is that we're in the midst of a slow-motion fascist takeover by a shadowy elite whose ancestors planned the downfall of America from its inception. They were called "Royalists" back in the day, and they've had many names since, but the intent has always been the same: Subjugation. A free and powerful nation has always been a threat to them. Not because they love the crown, or because they love fascism. I admit, I call them "fascists" because it's a useful shorthand, but the truth is they have no motivation other than power itself. Fascism is merely means to an end.

    How did this come to be? Well, there has always -- ALWAYS -- been a ruling elite on planet Earth. Whether it was kings, emperors, nobles, merchants, bankers, or warriors there has always been a ruling class. We have one now. They rule because they are rich. But two hundred years ago, America represented a threat to them simply because we were not under their control. Well, now we are. They tricked us into adopting the Federal Reserve, they bought their way into our politics and they infiltrated our business community and our military at every level (but especially the top). America has become just another one of their assets, a corporation with a board of directors (Congress) and a CEO (President) and the Global Elite are the shareholders. They've worked together behind the scenes to remake the system in their image. Outwardly, things look relatively the same, but within our... "their" government, the Elite have their people holding every important lever of power and they've endeavored to rewire our government so that it works for them, rather than for us.

    I suppose I sound half-mad to many of you. But I wonder how many of you who are planning on shouting me down realize that you're acting on impulses planted in your mind by our dear, corporate-controlled media to make you think a certain way. It's so easy to silence your opposition when all you have to do is mutter the magic words and people stop thinking. In fact, I'll do it for you. "Conspiracy Theorist." There. Now you can safely ignore whatever I've said and go back to watching TV and surfing the internet for the latest trinkets that you've been brainwashed into thinking you need to buy. Enjoy.

    The smartest thing the elite ever did was decide to rule from the shadows. They use visible servants as puppets (Bush) so that if the ax ever falls, it falls on the puppet's neck. Meanwhile, the puppet-master remains not only alive, but completely unseen. In fact, I don't even know who they are. I wish I could point those of you who believe that revolution is the answer in the right direction, but the insanely frustrating truth is that we don't even know who truly rules us. Obviously, it's not Bush. He's too stupid to do anything other than photo ops and speechifying. But there are hints out there. Money seems to be the key. It's the ideal method of control and it gives unlimited power to those can coin it and regulate its usage. As such, my recommendation is to look to the bankers and the blue-blooded families who control the largest banks. You've heard the names: Rockefeller, Rothschild, Warburg, but I bet you know very little about them.

    I have some ideas for revealing our secre