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FISA Court Sides With ACLU Against Administration

jamie caught a breaking news story this evening: the secret FISA Court has ordered the Bush administration to respond by August 31 to an ACLU request for orders and legal papers discussing the scope of the government's authority to engage in the secret wiretapping of Americans. The ACLU's press release calls it an "unprecedented order."

10 of 352 comments (clear)

  1. Re:I wish I could join the ACLU by bob8766 · · Score: 1, Offtopic

    Personally I believe the second amendment is what allows the citizens to overthrow the government should it become a tyranny, but the ACLU's position is along the same line as the Supreme Court's, and it is certainly a reasonable position.

  2. Re:I wish I could join the ACLU by /dev/trash · · Score: 1, Offtopic

    We are not the EU. We're still a sovereign nation and we'll handle our internal shit ourselves.

  3. Re:I wish I could join the ACLU by mrchaotica · · Score: 1, Offtopic

    Maybe I'm ignorant, but I don't recall the ACLU acting against the 2nd Amendment, nor do I recall the NRA acting against the other Amendments (unspecified "socially-conservative positions" notwithstanding). Therefore, I don't see the problem with supporting both.

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  4. Re:I wish I could join the ACLU by BalanceOfJudgement · · Score: 1, Offtopic

    They're right. For any sort of citizen militia to be effective at present, they'd need much more than what we can have legally. They don't address hunting or protection issues though.


    The only hole in that argument that I can think of is that it requires believing the US military would USE those sorts of weapons against American citizens on American soil. Since the US military has in the past flat out REFUSED to be deployed on US soil, I have a hard time believing they'd use those sorts of weapons, restricting the discussion to personal weapons anyway.

    Given the events of the past 5 years or so though, this argument seems far less convincing... all the Fed need do is accuse a whole state of being 'terrorists' or whatever and a part of me can believe they'd allow that to justify almost any atrocity against Americans..
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  5. Re:I wish I could join the ACLU by ScrewMaster · · Score: 1, Offtopic

    They're wrong. The Second Amendment is about defending ourselves from our own government, they're dead-on about that. I disagree that it is solely about States being the only entities in need of protection from an errant central government. The reality is, we individual citizens might just as well find ourselves in conflict with our State governments. What makes them so especially trustworthy, compared to the Federal Government? That's a fiction in itself. The Founders wanted us, the Citizens of these United States, to be something more than sheep.

    We like to think our governments (any of them) will never need replacing, and that we'll never need violent defense from them, but history is against us on that score. This article outlines how a proper defensive posture made by a well-armed civilian population can deter violence and save lives. That's something else that was very clearly understood by the people who fought the War for Independence, and eventually created our system of government.

    This dangerous idea that individual citizens (who, are a collective in their own right, regardless of any State's desire to formally organize them into some Militia) have no legitimate use for deadly force is disingenuous at best. That's not even counting the value of firearms when it comes to defending ourselves from each other! No, the Second Amendment is in need of no polish or other adjustments. It serves the purpose for which it was intended very well, and truly our need of it is greater now than at any point in our history. Our government is rapidly extending its powers without much regard for the checks and balances the Founders put in place for us, and at some point, it may go too far. If we allow ourselves to be made defenseless by believing that it can't happen here, we may well come to regret our complacency.

    Very little of the Founding Father's wisdom is as anachronistic as people think (we believe we are somehow fundamentally superior to our forebears but we're not) and if you look at many of the failings of our culture and legal system today, it is usually because we decided to ignore that wisdom.

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  6. Re:I wish I could join the ACLU by penix1 · · Score: 1, Offtopic

    You just gotta love the spin...

    Let's look at what the 2nd amendment does say...

    "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

    http://www.law.cornell.edu/constitution/constituti on.billofrights.html#amendmentii

    Militias are a thing of the past. The closest thing we have today is the National Guard and they aren't allowed to take their weapons home now are they? The whole idea behind the 2nd Amendment is to protect the State in case of invasion or other insurrection. It has nothing what-so-ever to do with protecting home, property, or any other personal use.

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  7. Re:I wish I could join the ACLU by QuietObserver · · Score: 1, Offtopic
    Very well made comment. The founders wrote the constitution and the Bill of Rights to limit the power of the United States government in the favor of the citizens. Their intention was to prevent the U.S. from becoming totalitarian by preventing those holding a national office (i.e. President, Senator, Judge, etc.) from taking action against a citizen for their own purposes. The ninth and tenth amendments, probably the most widely ignored of the entire Constitution, further establish those protections by assuring the protection of the people and forbidding the national government from taking control of anything that the Constitution does not explicitly mention, which is what it appears the ACLU seeks to do with the second amendment.

    One other point; it is very unfortunate that many people do not understand the English language as well as you do. My understanding is good, but even I have had a difficult time understanding the structure of the amendment. Thank you for clearing that up for me.

  8. Re:I wish I could join the ACLU by Jah-Wren+Ryel · · Score: 1, Offtopic

    Your assumption that a "well regulated militia" means an armed force under the control of the current government rather than an armed force dedicated to maintaining a free state is a poor one.

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    When information is power, privacy is freedom.
  9. Re:I wish I could join the ACLU by ThreeSpace · · Score: 1, Offtopic

    By "well regulated" they mean well trained and competent.

  10. Re:I wish I could join the ACLU by Iron+Condor · · Score: 1, Offtopic

    Intelligent and well educated citizens ought to be able to possess weapons up to (and beyond) tactical nuclear weapons.

    I.e. Americans need not apply. Surely you will agree that people who continuously elect those governments you consider so incapable of handling weapons can not be considered "intelligent and well educated", right?

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