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Dodd's Filibuster Threat Stalls Wiretap Bill

otakuj462 sends in an important followup to this morning's story on telecom immunity legislation. "Senator Chris Dodd won a temporary victory today after his threats of a filibuster forced Democratic leadership to push back consideration of a measure that would grant immunity to telecom companies that were complicit in warrantless surveillance... [T]he threat of Dodd's filibuster... persuaded Senate Majority Leader Harry Reid, D-NV, to table the act until January. A compromise on the immunity will ostensibly be worked out in the interim period."

483 comments

  1. Very cool. by imasu · · Score: 1

    Finally, someone not just rolling over for this crap. Way to go, Dodd.

  2. Political Compromise by Anonymous Coward · · Score: 1, Insightful

    What, you don't want us to chop off your head and cut your body into little pieces?

    Let's compromise: we'll just cut off your head.

    And so it goes, on and on...

  3. Chris Dodd's voting record. by palegray.net · · Score: 4, Informative

    You can find Chris Dodd's voting record on this site. I live in CT, by thw way.

    1. Re:Chris Dodd's voting record. by Architect_sasyr · · Score: 2, Informative

      Parent is trolling. Some data miner, requires a hell of a lot of javascript.

      --
      Me failed English...
      FreeBSD over Linux. If my comments seem odd, this may explain...
  4. Now only by eclectro · · Score: 4, Insightful

    Don't you wish the rest of congress could grow a spine?

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    1. Re:Now only by SonicSpike · · Score: 1

      You should investigate the voting record of Ron Paul... and he's running for President.

      --
      Libertas in infinitum
    2. Re:Now only by OECD · · Score: 1

      You should investigate the voting record of Ron Paul... and he's running for President.

      Oh fer crying out loud. Look, I'm a RP supporter, but this is a Senate battle, and Dodd is doing the Right Thing(tm). Let's let him have his moment in the sun.

      --
      One man's -1 Flamebait is another man's +5 Funny.
    3. Re:Now only by Tsiangkun · · Score: 0

      Voting republican is treason.

      Katrina, Iraq, Unaccountability.

      That pretty much sums up the republicans party's domestic, foreign, and fiscal policies. They had complete control of the government. That is their legacy.

      Ron Paul needs a new party, the one he choses to identify with has a lot of baggage.

    4. Re:Now only by Anonymous Coward · · Score: 0

      Too bad his sterling voting record also comes with an equal dose of libertarian insanity. Gold standard, private militias, no dept. of education; are you really backing this guy? Do you want to just do away with the last hundred years of social welfare programs we've fought so hard for? I know most of them are broken now but that's because we've never had someone in there with the balls to do it right, then they just let those broken programs stagnate for half a century. He'd make sure we never have a national health care system.

      His foreign policy and excellent record of protecting personal liberty are to be commended and it's good to have a small government leader in a mid level position, but I'd rather not elect someone to the highest office in the land who wants and has the power to throw our economy to the corporate wolves while plugging his ears saying FREE MARKET! FREE MARKET! FREE MARKET!

    5. Re:Now only by BobPaul · · Score: 1

      So is Chris Dodd, dumbass.

    6. Re:Now only by Mr.+Slippery · · Score: 2, Interesting

      You should investigate the voting record of Ron Paul...

      You should also investigate his postition on Roe v. Wade - he'd do everything in his power to overturn it, and allow state legislatures to control women's bodies.

      Ron Paul is no friend of liberty.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    7. Re:Now only by schnikies79 · · Score: 2, Insightful

      Good. More power to the states and less power to the federal government.

      --
      Gone!
    8. Re:Now only by Poppler · · Score: 2, Interesting

      his postition on Roe v. Wade - he'd do everything in his power to overturn it, and allow state legislatures to control women's bodies. He has also voted in favor of federal legislation restricting abortion. He's only in favor of "leaving it to the States" when it suites his purposes.
      --
      What's the ugliest part of your body? Some say your nose, some say your toes, but I think it's your mind. -Zappa
    9. Re:Now only by Tsiangkun · · Score: 1, Troll

      Ron Paul believes government is not functional, and therefore is unlikely to be able to run a functional government.

      Ron Paul wants to gut social programs people have worked hard over the last 50 years to get.

      Ron Paul would want to abolish our dept of education(student loans), the IRS, dept of homeland security, FEMA, participation in the UN, participation in NATO, and contributions to unicef.

      Ron Paul is no savior for this country, he is just another republican looking to weaken the government.

    10. Re:Now only by SonicSpike · · Score: 1

      He wants it overturned because it is not within the realm of the power of the federal government to decide whether or not it is legal for someone to perform an abortion.

      You should read what he has to say about this here:
      http://ronpaullibrary.org/topic.php?id=21

      --
      Libertas in infinitum
    11. Re:Now only by SonicSpike · · Score: 0

      The Constitution does not authorize the federal government to have a department of education, a pension program, or a national healthcare system.

      You obviously are not very well educated on the free market. For example...When you are in the free market and want health care, you have a CHOICE and you can shop around to whichever doctor or health/insurance provider is going to best suit your needs. When the government provides the service, you don't get a choice, you have to take what's offered. That's why the free market is fundamentally better because it allows freedom and liberty of the consumer to decide what's best for them without the government making that decision for them.

      --
      Libertas in infinitum
    12. Re:Now only by SonicSpike · · Score: 1, Informative

      You have good points. But Ron Paul is a different kind of Republican.

      He is an old school Republican who wants to do away with all of the neocon BS and get us back to the Constitution, fiscal responsibility, and a humble foreign policy.

      I am no longer a Republican and swore never to vote for another one unless Ron Paul ran. Honestly the GOP doesn't like him because he is trying to reel them back in off of their mental holiday.

      You should seriously do some research on him. Here are some of his original policy pieces:

      http://ronpaullibrary.org/

      --
      Libertas in infinitum
    13. Re:Now only by SonicSpike · · Score: 0

      The department of education is not Constitutional first off, neither is the DHS or FEMA.

      And Ron Paul is a different kind of Republican unlike the current crop of neocons. Ron Paul wants a humble foreign policy and to make sure that EVERYONE (not just the wealthy) has lower taxes.

      You should consider reading his policy papers here: http://ronpaullibrary.org/

      And then search for his voting record. By the way, he voted AGAINST the Patriot Act and against the DMCA and many other bills that trample our civil rights.

      --
      Libertas in infinitum
    14. Re:Now only by SonicSpike · · Score: 1

      Let's see the link verifying that statement, shall we?

      --
      Libertas in infinitum
    15. Re:Now only by gambolt · · Score: 1

      in my sig

    16. Re:Now only by civilizedINTENSITY · · Score: 2, Insightful

      Its called collective bargaining power. Its why US medications are sold to Canada so much cheaper than to hospitals and pharmacies in the USA. Its why the same level of care is cheaper in Canada than in the USA. Part of freedom and liberty is the ability to design our institutions and infrastructure. For some reason the people's right to leverage collective bargaining alludes you. Thankfully, in a free and democratic republic, we can vote and express our will. If we do happen to decide that "better for less" is what we want, who are you to suggest that it goes against your personal philosophy?

    17. Re:Now only by MobyDisk · · Score: 1, Insightful
      You made your post assuming that it is self-evident to everyone why these things are wrong. It doesn't really add anything to the discussion, or convince anyone, by merely by implying that they are insane. To make your point, you need to specify why you think the private sector can't do a better job.

      It also doesn't help that your list has perhaps the most inefficient and dirty of government organizations. (The IRS, homeland security, and FEMA all have black eyes right now, or are things most people hate intrinsically). If you wanted something that will make people go "what??" try mentioning that he wants to abolish the Federal Reserve.

      ...he is just another republican looking to weaken the government I think that line probably just bought him 10 more votes. Right now, Dick Cheney's main goal is to strengthen the federal government, and this whole discussion is about stopping the government from taking some unreasonable powers. So anyone wanting to weaken it looks good. Not to mention that the current government is republican, and definitely isn't weakening or shrinking government. So that statement makes Ron Pal sound really good.
    18. Re:Now only by Jah-Wren+Ryel · · Score: 1

      He has also voted in favor of federal legislation restricting abortion. He's only in favor of "leaving it to the States" when it suites his purposes. I'm pro-murder. Yeah, that's what the religious freaks would like to call it, I don't mind indulging them.

      But, puhlease give up the single-issue bullshit. The enemy of good is perfect. You will never find a candidate -- mainstream or fringe -- that perfectly represents every one of your hot button issues, whatever they may be.

      For one thing - back in roe-v-wade days women had much fewer options. Nowadays we've got all kinds of cheap and effective birth control options that did not exist then. If the worst were to come about and elective abortions were outlawed nation-wide, it would not be anywhere near as big a deal as it was before. Women have much more freedom, and more importantly, ability to control their bodies today than they had before.

      So, even if Ron Paul could single-handedly revoke roe-v-wade, that shouldn't be anywhere near enough to disqualify him - especially when compared to all the other choices. If Paul were to be elected, he'd end up like every other president -- mired in the politics of DC. But, if we are lucky, he might be able to change the course of the country back towards a more sensible direction. Given what a herculean effort that would be, there is almost no chance, even with a 2nd term, of him being able to take the country past sensible and too far off course in the other direction.
      --
      When information is power, privacy is freedom.
    19. Re:Now only by Kortalh · · Score: 1, Insightful

      Yay! I have the CHOICE to not afford Insurance Company A, or to not afford Insurance Company B. Thank god for the free market.

    20. Re:Now only by Anonymous Coward · · Score: 0

      For the Federal Reserve, the explanation is right here: http://www.youtube.com/watch?v=8teEHdCrFqE

    21. Re:Now only by Jah-Wren+Ryel · · Score: 1

      The article doesn't seem to cite any sources and is itself loaded with sensationalism and innuendo, for example getting all freaked about "assault rifles" which are hardly ever used by criminals, except in the movies. She even says that Paul "would likely interpret as unconstitutional" the WAY in which some laws were passed, and thus whatever his problem is with the WAY, not the necessarily the content, that makes him a gun nut.

      --
      When information is power, privacy is freedom.
    22. Re:Now only by Nancy9 · · Score: 1

      No, you are wrong. His legislation is to get the federal government out of funding abortion and the whole abortion decision. Abortion is not listed anywhere in the Constitution, so Constitutionally, it should be left up to the states to decide. You know, just like how the federal government has no Constitutional authority to conduct a War on Drugs, conducting warrantless surveillance, doing away with habeas corpus, sneak and peak, or any of the myriad of other things they have no business doing.

    23. Re:Now only by Poppler · · Score: 1

      It was the "partial birth abortion" bill.

      --
      What's the ugliest part of your body? Some say your nose, some say your toes, but I think it's your mind. -Zappa
    24. Re:Now only by tjstork · · Score: 1

      Thankfully, in a free and democratic republic, we can vote and express our will

      The Constitution is a treaty among the states that gives a federal goverment limited powers. If some set of people decide that they are allowed to invent new powers for the government, they are voiding the treaty, and therefor, states that don't agree with your will ought to be able to secede. If you are't willing to abide by the terms of the treaty, why should anyone else?

      --
      This is my sig.
    25. Re:Now only by Xtravar · · Score: 1

      Ron Paul is no savior for this country, he is just another republican looking to weaken the government. More like... the only Republican looking to weaken the government. In fact, the only presidential candidate looking to weaken the government.

      You either believe government should be in our lives, in which case you have to share its power between election cycles, or you believe government shouldn't be in our lives. Saying "I like big government doing X" means that in order to get X, you have to also inadvertently support Y since, eventually, it will be Y-supporter's turn to be in power.

      Bush got his war, and it looks like Hillary will get her health care. Both sides get what they want, and the taxpayers are the ones who lose.
      --
      Buckle your ROFL belt, we're in for some LOLs.
    26. Re:Now only by Beastmouth · · Score: 1

      Why did this take four replies?

    27. Re:Now only by osu-neko · · Score: 1

      Good. More power to the states and less power to the federal government.

      Um, no. The states do not need more power. No branch of government needs more power.

      --
      "Convictions are more dangerous enemies of truth than lies."
    28. Re:Now only by civilizedINTENSITY · · Score: 1

      Rather than a mere treaty among the states, which would put the source authority at the state level, I would suggest that the source authority for the government is the will of the people. However, I agree that the purpose of the constitution is to insure that the will of the majority doesn't abuse the rights of a minority. In terms of your second sentence, I never suggested the invention of new powers in my post; but rather the use of powers already existent. That argument is a straw man. I argued further that your philosophical points, while interesting and worthy of merit, aren't constitutionally guaranteed. A vote could go either way.

      The rest of your statement seems specious, but honestly I don't see any need to invoke "voiding the treaty" to secede. If Arizona wanted to go it alone, better luck to them. States like California, who have been paying the way for most other states through tax transfers, would probably be far richer today if they had gone it alone, although perhaps less secure. As many people as are standing in line praying to enter the USA, well, if some want to leave, I say "good luck". Economically most states would be worse off, though. California and Texas transfer a lot of cash through the federal government to other states. Hard to imagine Kansas going it alone...

    29. Re:Now only by sqrt(2) · · Score: 4, Insightful

      Absolutely ridiculous. Your position makes the assumptions that choice is always a good thing, and that the free market is always the best mechanism to provide that choice. This is the fundamental flaw in libertarianism. The free market has no inherent quality that makes it more or less "correct" than anything else. It is not a natural order, it is not a universal truth or force. Applying it to health care would give people a choice between paying for care (which will likely very in quality depending on how much they can pay), and not paying. That's not a choice you should give someone. What about people who choose not to get insurance, or can't afford it? Those people deserve care just as much as you or I. Some things are just not meant to be run as a business, health care is at the top of that list. Profit maximization and all the practices that make business work are diametrically opposed to providing quality care for sick people. The two interests cannot be met at the same time.

      The real question is this: is health care a business or a public service? Neither is fundamentally more right than the other, but they do lead to very different outcomes. I know what world I want to live in.

      --
      If you build it, nerds will come. Soylentnews.org
    30. Re:Now only by 680x0 · · Score: 1
      The Constitution is a treaty among the states that gives a federal goverment limited powers.

      Sure you're not thinking of this document?

    31. Re:Now only by Gideon+Fubar · · Score: 1

      actually...

      Here in Australia, we have the best of both worlds.. you get to go to a doctor of your choice, and in some cases (e.g Bulk Billing), the government simply pays for it. In some cases, you have to pay in full at the clinic and get a 60-80% refund at Medicare.

      Of course, there are some private hospitals that don't deal with the government, but even then our health insurance is comparatively reliable, and our last government (who understood economics oh so well, or so he kept telling us) introduced a bunch of incentives to get people onto private health cover.

      The caveat to this system is waiting times for surgery (particularly for non-critical or cosmetic procedures).. but i far prefer it to leaving my whole family in debt for the rest of their lives when i die of a rare disease.

      --
      http://www.xkcd.com/354/
    32. Re:Now only by Anonymous Coward · · Score: 0

      Ron Paul is no savior for this country, he is just another republican looking to weaken the government.

      You're unwittingly using Republican campaign buzzwords in your own argument against Ron Paul. Saying that you want to "weaken government" is perceived as a good thing to most Americans because they perceive things like illegal wiretapping, and the war in Iraq as symptoms of an out-of-control government. Reigning in the insanity can only be good, right? Well, if it only were that simple. In their typically dishonest way, Republicans hijack this legitimate distrust of the police powers of the national government and use it to gain support for their war on the middle class. They want to cut Medicare, student loans, social security, and education. All programs that have done nothing but good for the people of the United States, but conflict with the Republicans seemingly anti-egalitarian world view.

      So, next time you're talking about what Ron Paul really stands for, try not to fall into the trap of claiming that he just wants to weaken government. What he really wants to do is remove any portion of the government that still works for the middle class, and weaken any laws that get in the way of even more obscene profits for his corporate backers.

    33. Re:Now only by amRadioHed · · Score: 1

      First of all, Dodd is running for President. Shouldn't someone so gung-ho for a candidate at least be aware of the alternatives? That's seems a bit off to me.

      Secondly RP is still undecided on the issue of evolution. Sorry, my vote will never be won by someone with such an obvious mental defect.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    34. Re:Now only by jimicus · · Score: 1

      Ron Paul would want to abolish.... the IRS

      Now, I'm not American and I don't pretend to understand US politics.

      But abolishing the people who collect taxes - this sounds like a most unusual move by any government. Any chance he could export this idea to the UK?

    35. Re:Now only by Anonymous Coward · · Score: 0

      Now I may be missing something here, but when last I checked, the government's responsibility to the people was to protect them from threats to their safety, both domestic and foreign. Full stop. Not to take from the rich to give to everyone, not to pay for services that interest groups want (i.e. those cherished social programs), not to loan money to the people, not to donate to other countries -- just to protect its citizens.

      To me (admittedly, my grasp of US politics is not the same as that of some of the US citizens on /.)., it seems like Ron Paul is a candidate who believes in the role of government as defined above. Why do people hate him? Is it that he doesn't give out cuts from the government coffer to the right people? I guess I'm just confused as to why Americans don't like a person who supports additional liberties and lower taxes. Could a US citizen explain this to me?

    36. Re:Now only by Ihlosi · · Score: 1
      Now I may be missing something here, but when last I checked, the government's responsibility to the people was to protect them from threats to their safety, both domestic and foreign.



      Where did you "check" that ?

    37. Re:Now only by squiggleslash · · Score: 1

      For one thing - back in roe-v-wade days women had much fewer options. Nowadays we've got all kinds of cheap and effective birth control options that did not exist then. If the worst were to come about and elective abortions were outlawed nation-wide, it would not be anywhere near as big a deal as it was before.

      Well, kinda sorta. It would presumably mean a disproportionately higher number of women would want abortions because they've been raped, as most of the copulation dealt with by effective birth control would presumably be consensual.

      --
      You are not alone. This is not normal. None of this is normal.
    38. Re:Now only by DaFork · · Score: 1

      Ron Paul believes government is not functional, and therefore is unlikely to be able to run a functional government.

      How long does it take to get simple legislation passed? It seems to only speed up when it may make the lawmakers look bad (and by speed up I mean slightly faster than a retarded turtle).

      Ron Paul wants to gut social programs people have worked hard over the last 50 years to get.

      Good. We don't need social programs. Too many people abuse them. Let people that are truly in need get help from local non-government social service organizations. They are much more efficient with the money.

      Ron Paul would want to abolish our dept of education(student loans), the IRS, dept of homeland security, FEMA, participation in the UN, participation in NATO, and contributions to unicef.

      As for government departments, this is true; but he is not proposing to eliminate their duties (mostly). He is simply stating that sovereign states should provide their own services as they see fit. This should not be a function of a hugely inefficient federal government.

      As for the UN... don't get me started. If you like big socialist global governments, feel free to donate!

      Ron Paul is no savior for this country, he is just another republican looking to weaken the government.

      Weaken is not the right word. He wants a small, stable, efficient, federal government which empowers the states and protects our country. What is wrong with that?

      This is the thing people don't understand: empower the states. If a state wants to tax 50%, provide socialized medicine and tons of programs, they can. This should not be the decision of the federal government.

    39. Re:Now only by ScrewMaster · · Score: 1

      Did it ever occur to you that maybe it's past time that someone or something weaken our government? Historically, the time since World War II has seen an exponential growth in our government's power and control of wealth. The unfortunate fact is, any savior is going to have to have a lessening of Federal power as an Administrative priority.

      --
      The higher the technology, the sharper that two-edged sword.
    40. Re:Now only by Anonymous Coward · · Score: 0

      "Ron Paul would want to abolish our dept of..."

      See, I don't understand this argument. Under a Ron Paul administration, its not like the day he takes office, all these departments would be dissolved. That would be rash and irresponsible, just as the creation of DHS was a rash and irresponsible knee-jerk reaction. What he would *really* be able to do, is to slowly decrease the scope of these organizations by cutting the excesses. If you want to scale back a department, you don't do it by cutting critical programs, you do it by cutting the non-essential aspects, thereby refocusing the department to is core purpose, and getting rid of all the crap.

    41. Re:Now only by Artifakt · · Score: 1

      It's a matter of focus. Paul is for cutting out many departments entirely, such as the Dept. of Education, and the reason he gives is one of constitutionality - i.e. Federal control of highways is an unconstitutional override of states rights to control traffic within their borders. Some of his arguments are questionable on the grounds that the rights involved may belong to somebody else, i.e. sovereign individuals and not states. It's a recipe for Chaos to say that rights have to revert, including the right of the Supreme Court to decide whether the states are the place those rights revert to, or not.
            Plus, Ron Paul is talking about areas such as Social Security, Fannie Mae programs, The Federal Reserve, and others in many of his most pushed examples, while the federal government has 17 agencies besides the military allowed to bear arms in the course of their practice. Many of us are more worried about an agency that can shoot us immediately than one that has to go to the police and have us arrested to really abuse us. So if Ron Paul starts out doing what he proposes, he is likely to spend all his political capital before he ever gets to most of the worst problems. Those problems will then use the tendency of things to swing back in the next administration to grow larger yet again just as they are now. We'll see big cuts in Medicare, but only token cuts in the CIA, if that.

      --
      Who is John Cabal?
    42. Re:Now only by mdm-adph · · Score: 1

      The Tenth Amendment of the United States Constitution would like to disagree with you.

      --
      It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
    43. Re:Now only by AndersOSU · · Score: 1

      I respectfully disagree with many of Ron Paul's positions, but that is what makes me like him so much. I could have a rational argument with him about why we need (federally funded) social programs, and how the sixteenth amendment is, in fact, part of the constitution. I can respect Barry Goldwater, and to a lesser extent Ronald Reagan, and still call myself a democrat. I'm not convinced that big government is always the answer, and I can stand a logical opposing viewpoint. (Aside from Ron Paul, John McCain also passes my logic litmus test)

      What I have a real problem with are the neo-cons who have no logic, only rhetoric. How can you have a constructive argument with someone incapable of justifying their position? (My personal favorite, how are the Christian values of right to life and forgiveness congruent with the death penalty Mr. Huckabee? ... -10 points for invoking Jesus in your response)

      One thing that I think will shake out of Ron Paul's phenomenal fund raising is that it will embolden other libertarian leaning republicans and hasten the inevitable (in my mind) schism in the GOP along the role of government line.

    44. Re:Now only by AndersOSU · · Score: 1

      Yeah, it's a great talking point.

      Try on this follow-up question on for size: "What would the transition look like, and how would state-run civil works (road, schools, etc.) be funded? And who would prevent a state enabled ecological disaster in Texas from crossing state lines into California?"

    45. Re:Now only by Anonymous Coward · · Score: 0

      I would like to say mine did, unfortunately the one lone quote I've been able to find so is
      Senator Jeff Sessions of Alabama said:
      "The civil libertarians among us would rather defend the constitution than protect our nation's security."


      If this quote was actually made on C-span (as reported) I will pay to have a full page ad in every paper in Birmingham with this quote and a call for the (Dis)honorable Jeff Sessions' Resignation immediately. Anyone else that has a senator so out of touch with reality might do good to do the same. The only reason I haven't already started this process as the quote is from a site I know nothing about and i would like to be able to verify it through a more reliable source. So if anyone can find the minutes of the debate either from C-span or from the Senate a link would be good!

    46. Re:Now only by Mr.+Slippery · · Score: 1

      it is not within the realm of the power of the federal government to decide whether or not it is legal for someone to perform an abortion.

      It is not within the power of the states, either, just like it's not in their power to decide what books I get to read. That's the practical upshot of Roe v. Wade.

      Part of the job of the federal government, since the passage of the Fourteen Amendment, is to protect citizens' rights against state governments. (And part of the job of state governments is to protect citizens from the federal government - it's a clever idea.)

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    47. Re:Now only by gravesb · · Score: 2, Insightful

      Since Roe v. Wade has already been overturned (See, Casey v. Panned Parenthood), that's not such a big deal. But while we're at it, why is it okay to bend the constitution to achieve a social goal? What happens when people who disagree with you do the same thing? It seems to me that restricting the federal gov't to its enumerated powers is something a friend of liberty would do, even if it required trusting certain individual social ideals to the states. Abortion never should have been a federal issue. I would also posit that the right to life movement really didn't gain strength until it was a federal issue. In the long view, its entirely possible that Roe v. Wade will do more harm to "abortion rights" than letting a sleeping dog lie.

      --
      http://bgcommonsense.blogspot.com
    48. Re:Now only by Mr.+Slippery · · Score: 1

      Good. More power to the states and less power to the federal government.

      So we get to be more oppressed, but by people closer to home? No thanks.

      More power to the people, and less to both state and federal governments.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    49. Re:Now only by Copid · · Score: 1

      I gave in and donated to Ron Paul. I like to think of it as compensation for excellent entertainment.
      I'm thinking of spending my entertainment money on Alan Keyes. Even more bang for the buck.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    50. Re:Now only by Anonymous Coward · · Score: 0
      > I am no longer a Republican and swore never to vote for another one unless Ron Paul ran. Honestly the GOP doesn't like him because he is trying to reel them back in off of their mental holiday.

      Unless you re-register as one and vote for him in the primaries, he's not going to get the chance to run. If you want to take back the country and make it worth living in, you've gotta start by taking back the Party and making it worth voting for. After the primaries, it's too late -- you're stuck with the Demoblican or the Replicrat.

    51. Re:Now only by Mr.+Slippery · · Score: 1

      Abortion is not listed anywhere in the Constitution, so Constitutionally, it should be left up to the states to decide.

      May I refer you to Amendment IX: "The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people."

      Let me also refer you to Amendment X with an emphasis on an oft-neglected phrase: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Just because it's not a power of the feds, doesn't mean it's a power of the states.

      The right of a person to control their own body and choose their own medical care is not enumerated in the Constitution, sure. This does not mean that it is not a right retained by the people.

      Computers are not listed anywhere in the the Constitution; so should it be left up to the states to decide whether your /. posts should be censored? Of course not; we recognize that the principles of free expression in the Bill of Rights (as extended over state governments by Amendment XIV) still apply, even if the phrase "free expression" does not appear anywhere therein.

      Similarly, we recognize that the principles of privacy in the Constitution apply to the personal and intimate choices of medical care, even if the phrase "right of privacy" does not appear anywhere in the document.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    52. Re:Now only by Anonymous Coward · · Score: 0
      > I'm just confused as to why Americans don't like a person who supports additional liberties and lower taxes. Could a US citizen explain this to me?

      Sorta like WW2's Britain, "last bastion of freedom on the Continent", "stiff upper lip in the face of adversity" vs. the "surveillance state", "nanny state" and all that rot... well, America ain't what it used to be.

    53. Re:Now only by tjstork · · Score: 1

      Hard to imagine Kansas going it alone...

      Agro states jack up the prices of wheat, and tax overland transport between the coasts. Oh, and, where does California get its water from, once Colorado turns off the tap.

      --
      This is my sig.
    54. Re:Now only by NiceGeek · · Score: 1

      If only I had mod points. Well said.

    55. Re:Now only by Sczi · · Score: 1

      Good. More power to the states and less power to the federal government.

      Roe v. Wade strips power from both. Giving the power to the states would be giving power to one where before the power was held by neither. Frankly, I like it better the way it is now.

    56. Re:Now only by Mr.+Slippery · · Score: 1

      But, puhlease give up the single-issue bullshit.

      His position on Roe v. Wade is only a symptom, not the whole of his disease. It shows that his position is not one of preferring less government and more freedom, but of simply moving government powers around; and it shows the influence of irrational religious belief on his thoughts and opinions.

      It shows that he's anti-science, when he makes statements such as "As an obstetrician, I know that partial birth abortion is never a necessary medical procedure." The whole purpose of intact dilation and extraction (the real name of the procedure) is to avoid damage to the woman's uterus. It is generally safer for the patient that dilation and evacuation. IDX is only "never a necessary medical procedure" if the health of the patient isn't a concern.

      This is not a surprise from someone who, for all the noise he makes about the Constitution, believes that "a rigid separation between church and state has no basis in either the text of the Constitution", and who does not accept the reality of evolution.

      So, thanks, Dr. Paul, for bringing your medical "expertise" to patients you've never examined, but fuck you very much.

      The enemy of good is perfect. You will never find a candidate -- mainstream or fringe -- that perfectly represents every one of your hot button issues, whatever they may be.

      Certainly true - I did some work for the Kerry campaign for the general election last time around, despite his bad record on the RKBA and his less than inspiring positions on many other issues. (I still voted Green (Cobb), since I live in a safely blue state.) However bad Kerry was, he had the very important plus of not being batshit crazy like Bush.

      That's the issue here - there are hot button issues, and then there are batshit crazy issues. Being pro-torture is a batshit crazy issue. Being unable to accept the reality of biological evolution is a batshit crazy issue. Being in favor of outlawing abortion, of forcing women to carry pregnancies to term at gunpoint (however indirect the threat), is a batshit crazy issue.

      Yes, that means that all the Republican candidates, and a large portion of the U.S. in general, are batshit crazy. I'll stand by that.

      I'm willing to give ordinary citizens who are perhaps not well educated some slack on holding batshit crazy views - otherwise very nice people can believe in creationism, that most Muslims are terrorists, in the physical reality of extraterrestrial aliens who abduct humans and/or of angels who bring them visions, that Iraq was behind 9/11, or that an zygote is a person because some sort of ghost comes into human egg cells along with the sperm. I can deal with neighbors or coworkers, even students or clients, who have views like this, as I smile and nod and say "That's very interesting, though I'm afraid I can't agree."

      But a candidate for office? Batshit crazy views are an immediate disqualification.

      Between his views on abortion, the separation of church and state, and evolution, Paul earns three strikes on the batshit-o-meter. Thanks for playing and we have some lovely parting gifts.

      If the worst were to come about and elective abortions were outlawed nation-wide, it would not be anywhere near as big a deal as it was before. Women have much more freedom, and more importantly, ability to control their bodies today than they had before.

      Huh? If elective abortions were outlawed nation-wide, that would mean exactly that women's freedom and ability to control their bodies was reduced. What you are saying makes no sense.

      And if state governments controlling women's bodies "would not be anywhere near as big a deal as it was before", then the U.S. is finished, over, done; the rational few of us ought to just abandon it to the religious extremists.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    57. Re:Now only by Sczi · · Score: 1

      A woman's right to control her own body is one of those inalienable rights that should have made it into the top ten, but they hadn't thought of it yet. The states should have more authority over things, but, IMHO, abortion is not one of them.

      Abortion may be an ugly thing, and there will be eternal debate over whether or not it SHOULD happen, but I don't see any reason to outlaw it. Just try to talk people out of it if you feel that strongly about it. (not you, mdm, I didn't see you state a specific opinion on the topic). Turning abortion into a fed versus state issue seems silly to me.

    58. Re:Now only by Jaysyn · · Score: 1

      Nice flamebait article with little or no citations.

      --
      There is a war going on for your mind.
    59. Re:Now only by Jaysyn · · Score: 1

      +1 insightful.

      --
      There is a war going on for your mind.
    60. Re:Now only by Sczi · · Score: 1

      The department of education is not Constitutional first off, neither is the DHS or FEMA.

      The preamble to the Constitution would like to have a word with you:

      "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

    61. Re:Now only by IndustrialComplex · · Score: 1

      Except if you notice that he has often put his money where his mouth is with regard to his beliefs.

      Ron Paul is against abortion, he may campaign against it, as is his right, but given his strong stance on freedom and defending the constitution (something that needs more and more defending it seems) he is against it, and fighting against it for the right reasons.

      I don't expect, nor do I want politicians that strive to force my morals down the throat of everyone else in the country. Why? Because at some time, the other side is going to be in power, and I don't want the reverse to happen to me. And the best way to ensure that doesn't happen is by electing those that don't believe that the purpose of the Federal Government is to force the nation into your own image.

      If you look at Ron Paul as a total person, rather than pulling out a single out of context stance, you will find that he is probably the best thing that could happen to the pro-choice movement.

      Unless of course, you want to polarize the political debate around a non-issue such as Roe v. Wade.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    62. Re:Now only by Mr.+Slippery · · Score: 1

      why is it okay to bend the constitution to achieve a social goal?

      Who said that is was?

      Under the Constitution, it's the job of the feds to protect the rights of citizens against state government encroachment. If the State of Maryland wanted to censor my blog, I'd have turn to the feds for relief.

      Even though blogs and the web aren't mentioned in the text of the Constitution, I trust we agree that they're covered under the concept of free expression? Similarly, though abortion isn't mentioned in the text of the Constitution, the right to make private medical choices is covered under the concept of privacy. Amendments IX and X make it clear that we should interprets people's rights expansively, and government power - whether at the state or the federal level - restrictively.

      The idea that we should restrict the power of the federal government to enforce the rights of the people against state governments, is neither good sense nor good law.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    63. Re:Now only by Jaysyn · · Score: 1

      "Secondly RP is still undecided on the issue of evolution. "

      I've read all of his writings available online & have seen no mention of this whatsoever. It's not even considered an "issue" on his campaign website or the library of his writings that is maintained elsewhere. Please enlighten me on where & when this was said.

      --
      There is a war going on for your mind.
    64. Re:Now only by HUADPE · · Score: 1

      Yes, but there's a good argument to be made for abortion being under the Ninth Amendment, which states "The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people." Coupled with the 14th amendment extending federally protected rights to being protected from abuse by all levels of government, and you have yourself a ballgame.

      --
      This sig has not been evaluated by the FDA. It is not designed to diagnose, treat, prevent, or cure any disease.
    65. Re:Now only by gravesb · · Score: 1

      The right to abortion is not predicated any longer on a privacy right. Its based on equal protection under the 14th Amendment. However, examining further the privacy argument (and, the privacy's arguments inability to stand up under scrutiny is one reason why the justification was shifted), it makes little sense. In amending the constitution, there are specific instances of privacy covered, but not privacy as a whole. This, under common interpretive guidelines, would point out that the authors considered privacy, but decided against a broad right to privacy and instead protected it only in certain instances. The government legislates against privacy all the time, and very few people argue against a constitutional prohibition. Isn't a right to die a private medical decision, but its still criminal for a doctor to assist in that regard. The same can be said for certain classes of drugs, both under a doctor's care and outside of a doctor's care. Since state governments are far more accountable to the people, I would argue the opposite- restricting the federal government with respect to the states is both good law, good sense, and the predicate of the constitution as it was written. Incidentally, I would like to know why constitutional challenges to abortion are different than all other constitutional challenges? Specifically, I mean that when abortion statutes are challenged, they are challenged facially, and are struck down if its possible to inhibit a woman's right to choose. For most laws, the law is construed so that it doesn't conflict with the constitution if possible, and only if all possible applications of the law would be unconstitutional will a law be struck down. That's why there aren't many facial challenges. Instead, as applied challenges are used, when a statute actually infringes on a right, and then a statute can be curtailed. Why does abortion get a unique constitutional protection? It makes little sense, unless you accept that abortion is subject to an ends justifies the means jurisprudence. Finally, the 10th Amendment, although now toothless, on its face restricts the federal government's ability to interfere with the states. I don't understand your assertion that it means we should interpret rights protected by the federal gov't broadly; it seems to do the opposite. Also, a historical view of the 9th argues against that assertion as well. The debate over the bill of rights included the proposition that the federal gov't would take it as an exclusive list, and try and legislate other things. Included in legislating other things is an attempt to redefine rights over the objection of sovereign states, and thus the 9th was added to alleviate this fear. As far as your assertion that under the constitution its the federal government's job to protect you against the states, I would point you to Jefferson's writings on the sedition acts. That certainly wasn't the point of the constitution in view of the people who voted for and ratified it. Although courts have held that the 14th Amend incorporated the Bill of Rights (or at least certain amendments) against the states, there are still some rough edges to be worked on with that doctrine as well.

      --
      http://bgcommonsense.blogspot.com
    66. Re:Now only by magarity · · Score: 1

      You should also investigate his postition on Roe v. Wade - he'd do everything in his power to overturn it ... Ron Paul is no friend of liberty.
       
      On the contrary - the Roe decision is the antithesis of liberty because the nine unelected judges made new law over an issue the majority thought was the right way to behave. Not the several hundred elected congresscritters, not the thousands of elected state congresscritters. Nine people made a dramatic and sweeping change to the social landscape of the entire country. There is no Constitutional basis for the Roe decision (please read the actual decision where they admit this). That small group just made it up to suit their own sense of right and wrong. You agree with them so you call it 'liberty'.
       
      Take a step back and see that Roe was a crushing blow to liberty.
       
      Like abortion? Get a Constitutional amendment passed that says what Roe says - but DO NOT get happy that a very, very small group of unelected and unaccountable people have made up ANY law, nevermind one so sweeping, on their own and pushed it on everyone else. You may not like it so much when the next issue they decide for you goes against what you prefer.

    67. Re:Now only by mdm-adph · · Score: 1

      Well, thank you for posting your opinion politely and legibly, however I must disagree with you. There were already laws dealing with abortions on the books back then (look up passages dealing with the "quickening" in English common law), so I can't believe the founding fathers hadn't thought of it -- while we know plenty more about the process of conception today than we did back then, I have to defer to their judgment of leaving the matter to the states.

      --
      It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
    68. Re:Now only by Tsiangkun · · Score: 1

      Lessen federal power, sure. We can get trim a lot of crap from this beast
      and all be better off. I question some of the branches he wants to cut tho.

      Lessen corporate power, even better. I'm all for taking back corporate personhood.
      I'm much more concerned about the damage a big brother government is doing to our society when it is only serving the corporate interests.

      Removing safety nets from society, not so good. Social programs give people an
      option other than criminal activity to get by during hard times.

      Turning the private sector into a provider of basic
      infrastructure for society, not so good, probably horrible.
      Private business is not motivated by a desire to better serve the
      people, but to better server the share holders. The private sector
      can't fix everything. The free market is a myth. Ron Paul would
      return us to the good old days of living in debt off the company
      store, longer hours, lower wages, effectively instituting slavery
      for 85% of the population, while weakening the educational system to
      prevent any chance of mobility in society.

      I don't see how Ron Paul's policies would benefit any but the wealthiest
      10% of the country. I guess that's why he is running as a republican, instead
      of an independent strict constitutionalist.

    69. Re:Now only by Nancy9 · · Score: 1

      Well, you just made my point for me. Somehow you seem to think that Paul is trying to ban abortions and he is not. He wants the federal government out of it and wants the decision turned over to the states and the people, just like you described.

    70. Re:Now only by Anonymous Coward · · Score: 0

      Bush got his war, and it looks like Hillary will get her health care. Both sides get what they want, and the taxpayers are the ones who lose. Except of course that Bush's war means a large number of people dead, wounded, and dispossessed for no good reason, and Hillary's health care means better quality of life for a large number of people.

      I will have no problem with my taxes going toward the latter.
    71. Re:Now only by Anonymous Coward · · Score: 0

      Good. We don't need social programs. Too many people abuse them. Let people that are truly in need get help from local non-government social service organizations. They are much more efficient with the money.

      Good. We don't need guns. Too many people abuse them. Let people that are truly in need of firepower get help from local police departments. They are much more efficient with the guns.

      For the record, I'm not rabidly in favor of gun control. I think the current system is a pretty good compromise. The point I'm trying to make is that in both cases, you should crack down (harshly) on the abusers, not scrap the idea entirely.
    72. Re:Now only by civilizedINTENSITY · · Score: 1

      California is a major (if not the major) agro state. Water, on the other hand, is increasingly scarce. KS was looking at Colorado for water, and Texas is dependent, too. Norcal has water enough for Norcal, but not enough to cover Socal, for sure. The water wars are returning...

    73. Re:Now only by tjstork · · Score: 1

      The water wars are returning...

      Makes for a great sci-fi film for sure - a future US civil war over natural resources. But, I think the first realistic thing is to realize that looking at tax transfers is not the only way to look at a value of the state, because taxes are an economic distortion. I have no doubt that central states would take it on the chin, but, they have all the food, oil, water, coal and uranium, so if anything, they would probably just wind up starving the coasts until they were ethnically cleansed, then moving in.

      --
      This is my sig.
    74. Re:Now only by Mr.+Slippery · · Score: 1

      the Roe decision is the antithesis of liberty because the nine unelected judges made new law over an issue the majority thought was the right way to behave.

      You seem to have confused liberty with majority rule.

      Liberty is the absence of constraint. Roe v. Wade reduced government power, removed constraint from a woman's personal choices. It is therefore pro-liberty; it matters not if the majority wanted to constraint those choices. The majority doesn't get to vote on taking away people's rights, and it's the job of the courts to enforce that principal.

      When the SCOTUS ruled in Texas v. Johnson that citizens had the right to express themselves by destroying a flag, they probably went against the majority view of Texans - but in favor of liberty. (The only disappointing aspect is that this was a 5-4 decision instead of a unanimous one.)

      Both Texas v. Johnson and Roe v. Wade show the court quite correctly defending unenumerated rights of citizens against state governments - fine (though by no means perfect) examples of the system working properly.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    75. Re:Now only by civilizedINTENSITY · · Score: 1

      Talking about the coast as a whole, I would be to differ on food, oil, & water.

    76. Re:Now only by Mr.+Slippery · · Score: 1

      Well, you just made my point for me. Somehow you seem to think that Paul is trying to ban abortions and he is not.

      Yes, he is. Paul voted for the federal "partial birth" abortion ban.

      He wants the federal government out of it and wants the decision turned over to the states and the people

      To the states? Or to the people? There's a big difference, and it's within the jurisdiction only of the SCOTUS.

      Roe v. Wade says to the people - it's a right of individual choice and state governments have no power to dictate it.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    77. Re:Now only by SonicSpike · · Score: 1

      Read your history.

      The 14th Amendment was never fully and properly ratified.

      --
      Libertas in infinitum
    78. Re:Now only by SonicSpike · · Score: 1

      The preamble is not effective law. There is no legal authority in the preamble of the Constitution. It's called hortatory language. Look it up.

      --
      Libertas in infinitum
    79. Re:Now only by magarity · · Score: 1

      When I said 'majority' I was referring to the majority of the 9 supreme court justices. Polls from the time of the Roe decision through today show the majority of US citizens oppose the abortion-on-demand that Roe enables. That's why it had to be done via supreme court mandate rather than the normal democratic process.
       
      Abortion is NOT the problem with Roe - bad lawmaking is the problem with Roe.
       
      Again, just because you favor it in this case it should NOT be OK for the judges to behave this way. I really don't care what liberties or rights or whatnot the court hands me in this fashion - it's bad precedent, bad law, and bad for liberty. I guarantee there will be a time when this small group arbitrates something that you won't like but then it will be too late.

    80. Re:Now only by SonicSpike · · Score: 1

      Actually the free market is a natural economic force because it means there are no artificial barriers to entry (such as government regulation).

      And unfortunately you are incorrect when you say that "people deserve care just as much as you or I". No one deserves anything other than the right to life, and liberty which are natural rights.

      In the free market health care providers would be competing for business which means they would be price competitive. And without governmental regulation their prices would drop because their cost of doing business would be lower.

      Take a quick second and read this:
      http://ronpaullibrary.org/topic.php?id=22
      (it was written by a medical doctor)

      --
      Libertas in infinitum
    81. Re:Now only by Spy+der+Mann · · Score: 1

      I'm pro-murder. Yeah, that's what the religious freaks would like to call it, I don't mind indulging them.

      But, puhlease give up the single-issue bullshit. The enemy of good is perfect. You will never find a candidate -- mainstream or fringe -- that perfectly represents every one of your hot button issues, whatever they may be.


      I'm pro-life, but I wholeheartedly agree with your second statement. Actually, I think that the enemy of good is religious bigotry. Because instead of caring how the US screws up the lives of millions of people living in other countries (Cuba, Chile - remember Pinochet? -, Iraq, Iran, Afganistan, and let's not forget the Walmart empire and the effect of dumping in other nations' economies), religious bigots only care about whether a candidate is a "born again christian".

      If we're in the edge of starting World War III, and the only candidate who can prevent it supports abortion, then hell yeah, I'd vote for him. I'm sick tired of family and society issues become a lame excuse to vote for the worst politicians in history.

      Let society decide through OTHER means about abortion, condoms and homosexuality, and stop those motherf***** politicians use family values as a flag to promote themselves. What a bunch of hypocrites. They make me sick.
    82. Re:Now only by sqrt(2) · · Score: 1

      Ok.

      We just have different ideas how this country should look then. It's my opinion (one shared by many) that health care is one of the natural human rights that everyone deserves, and that one of the responsibilities of modern society as a whole is to ensure equal access to it for everyone; you believe otherwise. That's a philosophical difference and we're simply in different camps.

      --
      If you build it, nerds will come. Soylentnews.org
    83. Re:Now only by mbrod · · Score: 1

      But, puhlease give up the single-issue bullshit. The enemy of good is perfect. You will never find a candidate -- mainstream or fringe -- that perfectly represents every one of your hot button issues, whatever they may be.

      Of course you can, yourself. One can always run for office themselves. I for one would like the additional choices.
    84. Re:Now only by BobPaul · · Score: 1

      Very few rapes lead to pregnancy. Rapists often wear condoms to avoid leaving evidence, and even when they don't the encounter generally doesn't occur when the woman is fertile (as a matter of pure chance).

      No, the real problem with the Pro-Lifers is that they also tend to support abstinence only education, which of course just leads to more abortions. That's not saying all pro-lifers are idiots, but far too many of them are.

    85. Re:Now only by Shining+Celebi · · Score: 1

      Damn the new Slashdot moderation system. Undoing Redundant -- I mean to mod you Insightful. You've made a lot of excellent points in this thread. Seriously, Taco, give us a confirm dialog or something, 'cause I just wasted all my mod points. :\

    86. Re:Now only by Nancy9 · · Score: 1

      Yes, he is. Paul voted for the federal "partial birth" abortion ban.

      That did nothing to ban abortion. It banned the use of a specific technique. Wait a minute, wasn't it you who were just arguing for the fact that if something was not named in the Constitution, it was to be left to the states and to the people?

      To the states? Or to the people? There's a big difference, and it's within the jurisdiction only of the SCOTUS.

      No. It's not the federal government's business whether or how (or whether) the states will address abortion. What IS their job is to stop doing those things that they are not Constitutionally supposed to be doing. Dictating abortion is one of those things. Wait a minute, wasn't it you who were just arguing for the fact that if something was not named in the Constitution, it was to be left to the states and to the people?

      Wait a minute. You seem to think that the Supreme Court has the authority to operate outside of the Constitution. Is that it? Because that is most certainly not true. What we have going on is a bunch of activist judges who seem to think that it is up to them to make law, rather than Congress, as the Constitution says.

      Roe v. Wade says to the people - it's a right of individual choice and state governments have no power to dictate it.

      Yes and it is unconstitutional as all heck. Federal judges are using their bench power to effectively make laws that have not been Constitutionally created by Congress. In recent years Federal judges regularly have struck down State and local laws in subjects such as religious liberty, sexual orientation, family relations, education and abortion. This "government by Federal judiciary" causes a virtual nullification of the Tenth Amendment's limitations on Federal Power.

      Further, when Federal judges impose their preferred policies on State and local governments, instead of respecting the policies adopted by duly elected legislatures, city councils and county commissions - bodies duly elected by and thus accountable to the people, our republican form of government is threatened. The Supreme Court, the highest court in the land, has issued decisions that, in effect, have overturned abortion laws of all 50 states.

      As a result of this abuse of judicial power, the federal government grows ever more invasive, as the states become ever more subservient.

      Congressman Ron Paul (R-TX) has said, "Congress has a responsibility to protect the states from threats to their republican form of government, whether by a foreign power or one of the other two branches. Government by judiciary is incompatible with republican government. Therefore Congress must act to rein in the out-of-control federal judiciary."

      And he is trying to do just that by two bills that he has sponsored.

    87. Re:Now only by moeinvt · · Score: 1

      I think this whole big abortion discussion surrounding Ron Paul is simply a diversionary tactic being used by his opponents to type-cast him into one of the "side"s of a bitterly polarized issue. His supporters would be wise not to become bogged down in a pointless debate like this one trying to explain his position. People can find out exactly where he stands by reading his numerous public communications on the subject.

      It should also obvious to anyone who is sincerely interested in this issue that the President can't simply use his executive power to overturn a Supreme Court decision(although Bush might like to think so).

    88. Re:Now only by Shining+Celebi · · Score: 1
      Since I fail at modding, I'll respond too.

      Ron Paul has sponsored several bills that would effectively ban abortion. To prevent the courts from overturning these laws, he's also sponsored multiple bills to remove the authority of the courts to make judgments on any abortion-related cases. I can't recall that power being in the Constitution.

      Ron Paul has done everything he can to ban abortion. What, exactly, do you think the purpose of declaring a zygote to be a human life is? Making it legally equivalent to a human life makes killing one legal murder. That makes it a federal ban. Removing the jurisdiction of the courts is clearly a way to attempt to keep them from overturning an abortion ban. You might want to look up Ron Paul's other positions too. His positions on abortion is only the tip of the iceberg. He's also against net neutrality, federal privacy laws, he's tried to repeal all federal antitrust laws, worker safety laws, federal overtime rules and the minimum wage, and he's sent millions to his local Texas shrimp industries while decrying pork-barrel spending. Some of these actions go along with libertarianism, but I have a hard time believing there are Slashdotters out there that'd be happy if Microsoft had never had to worry about antitrust laws. ;)

      Ron Paul is not the savior he's made out to be at all. He's as bad, if not worse, than a lot of the other candidates running.

    89. Re:Now only by SonicSpike · · Score: 1

      No because in a free market insurance companies would be fighting for your business and many would be price competitive.

      --
      Libertas in infinitum
    90. Re:Now only by Sczi · · Score: 1

      It certainly speaks to the spirit, and it *is* right there at the beginning.. I mean, talk about context. Plus, I did look it up, which is how I quoted it without messing it up. =]

    91. Re:Now only by forrestt · · Score: 1

      According to The Declaration of Independence, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

      This isn't saying that the right to life and liberty are it (it even adds "pursuit of Happiness" to your list). It is saying there are a bunch of "unalienable Rights", and "that among these" are the ones listed.

      Without proper health care, none of the other three are possible, and are being denied to an individual who is denied that. I would even postulate that it is also in the list.

      Now, I don't believe it is my job (or my government's) to pay for someone else's health care. But I do believe that if someone walks into a hospital and requests care for a life or limb health issue that it should be provided, no questions asked. Anything less should be considered a crime. How that care is paid for can be determined at a later time. If a hospital or clinic doesn't want to accept the risk of the potential financial loss, they are free to choose a different business to perform.

      Now, a "free market" is a fallacy. It has never existed and never will. It is an ideological concept used to teach theoretical economics. The attempt to apply it to the real world does not work. It should also be pointed out that every "government regulation" was put in place because something didn't work right. I personally think it is because the believers in the "free market" never take into account that the market must exist under the purview of a government, and it is the nature of any government to grow larger and larger until it collapses from its own weight, being taken apart by its constituents and replaced by something that will eventually fulfill the same fate.

    92. Re:Now only by Anonymous Coward · · Score: 0

      in a free market insurance companies would be fighting for your business and many would be price competitive.

      They'd be fighting for the business of young, healthy rich people. Do you really think that, left to their own devices, a for-profit company is going to insure the elderly and the ailing at an affordable rate? If so, you're going to have to explain to me how that one works, because I don't see how the numbers would work out.

    93. Re:Now only by Nancy9 · · Score: 1
      Paul is a Constitutionalist. Therefore, if something is not named in the Constitution as an enumerated power of the federal government, the federal government should keep their stinkin' noses and hands OUT of it. It's pretty simple really. It doesn't matter whether you, I or even Dr. Paul personally likes one of the unconstitutional things that the federal government is doing, or a piece of legislation they propose, because if it is outside of their authority, they have no business doing it. There is one way to change that and that is through amending the Constitution. So, if that is what you want to do, then by all means, lead the effort to get that done. But, don't yell out of one side of your mouth when the federal government partakes in unconstitutional activities like warrantless surveillance, sneak and peak, throwing out habeas corpus, starting unconstitutional wars and the like, but then proclaim that you like the other unconstitutional things they are doing like dictating the minimum wage, etc. You can't have it both ways.

      What is so scary about freedom anyway? Why do we want to turn our lives and decisions over to the federal government, so they can dictate to us? That's not exactly what our country was supposed to be, right? The decisions that we decided needed to be legislated, were supposed to be made very close to us, at the state or local levels, so that WE THE PEOPLE, could have a whole lot of influence on how those decisions went. If we didn't like the decisions, we could throw the bums out. Why are we wanting everything turned over to the federal government? It is those same people who are running our country off a cliff, while putting laws in place to lock up and gag the people who are supposed to own this country (US). Our every move was not intended to be laid out for us, nor every need accommodated, by ANY government at all. Freedom doesn't make guarantees to us. Other than an opportunity to live our lives the way we choose, unless we infringe on the liberty of someone else. Sounds pretty darn good to me. How about you?

      Note: By the way, Paul does not vote for pork-barrel spending at all. Check your facts. Maybe you don't understand how it works. When his constituents come to him and ask him to submit an earmark, he passes it on to the Appropriations Cmte. Then, he votes AGAINST the bill.

      Earmark Victory May Be a Hollow One

      by Ron Paul

      Last week's big battle on the House floor over earmarks in the annual appropriations bills was won by Republicans, who succeeded in getting the Democratic leadership to agree to clearly identify each earmark in the future. While this is certainly a victory for more transparency and openness in the spending process, and as such should be applauded, I am concerned that this may not necessarily be a victory for those of us who want a smaller federal government.

      Though much attention is focused on the notorious abuses of earmarking, and there are plenty of examples, in fact even if all earmarks were eliminated we would not necessarily save a single penny in the federal budget. Because earmarks are funded from spending levels that have been determined before a single earmark is agreed to, with or without earmarks the spending levels remain the same. Eliminating earmarks designated by Members of Congress would simply transfer the funding decision process to federal bureaucrats rather then elected representatives. In an already flawed system, earmarks can at least allow residents of Congressional districts to have a greater role in allocating federal funds - their tax dollars - than if the money is allocated behind locked doors by bureaucrats. So we can be critical of the abuses in the current system but we shouldn't lose sight of how some reforms may not actually make the system much better.

      The real problem, and one that was unfortunately not addressed in last week's earmark dispute, is the size of the federal government and the amount of money we are spending in these appropriations bills. Even c

    94. Re:Now only by Skjellifetti · · Score: 1

      Will you also defer to the founding father's judgment that slavery is OK or that women should not have the right to vote? Just because the founding fathers thought about and debated an issue does not mean that they always came to a conclusion that must be regarded as morally correct for all future time.

    95. Re:Now only by Kortalh · · Score: 0

      Isn't health insurance in a free market right now? Isn't that the reason that so many people are uninsured?

    96. Re:Now only by Mr.+Slippery · · Score: 1

      Wait a minute. You seem to think that the Supreme Court has the authority to operate outside of the Constitution. Is that it?

      No.

      Wait a minute. You seem to think that the Supreme Court preventing state governments from trampling individual rights is outside of the Constitution. Is that it? Perhaps we just need to catch you up.

      Amendment XIV, Section 1. "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." [emphasis added, obviously]

      Under the Constitution as amended, states have to respect the rights of individuals. Enforcing the Constitution is the domain of the federal government.

      What we have going on is a bunch of activist judges who seem to think that it is up to them to make law, rather than Congress, as the Constitution says.

      Congress, and state legistatures, make laws. Occasionally - far too often - they make laws that violate the Constitution, either by exceeding the rightful power of the government or by trampling on the rights of citizens. Under the Constitution, federal courts' "judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution". So when questions arise as to whether laws are constitutional, it is not "activist" for federal judges to consider them. It's exactly the process called for by the Constitution.

      Laws against abortion were one such case, where state governments trampled on the rights of citizens.

      In recent years Federal judges regularly have struck down State and local laws in subjects such as religious liberty, sexual orientation, family relations, education and abortion.

      If those laws were against the Constitution, that's exactly their job.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    97. Re:Now only by KDR_11k · · Score: 1

      Yes but who will be the Fremen?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    98. Re:Now only by Anonymous Coward · · Score: 0

      so when Im bleeding to death in my crumpled car after an accident how exactly am I going to "shop around"? When Im unconsciouses and need immediate surgery to stop the internal bleeding or I'll die, how do I shop around?!

      because that HAS happened to me. I'd be dead if people like you ran this country. Fuck off with your right wing bullshit. The only freedom Ron Paul wants to give me is the freedom to starve to death, or die from lack of care. Oh, but at least I'd die free right? You're probably rich, and would be able to afford to be taken care of in such a system, but most people aren't. Libertarians would not only let these people die but claim that they deserved to because they weren't able to make money in a "fair" market

      so again, fuck you if you're a rich prick who just hates paying taxes and actually contributing to the greater welfare of the country. And if you're not, then you're just fucking crazy for voting for a man who believes you deserve to die or at best languish in poverty

    99. Re:Now only by Anonymous Coward · · Score: 0

      And the standard of care would suck.

      Hey, here's a radical thought. Health care is something everyone needs, or will need at some point in their lives (something about rubber, or was it elastic?), so we all pool our resources with taxes to make sure we all get the same high standard of care without all the corner cutting off a for-profit entity. Wow and I just thought of this; we could even have safety standards so people who could otherwise only afford the cheap insurance would be safe too! Wild I know, I'm not really sure if it'll catch on. I think we need to let it cook a while longer before we go rushing into something. It's not like it's a proven system used by dozens of countries in the world already.

      Some people might have to cut down on the number of yachts and luxury cars, but I think it's worth it since we are saving people from dying and all

    100. Re:Now only by ScrewMaster · · Score: 1

      They want to cut Medicare, student loans, social security, and education.

      Well, you have to look at the bigger picture. Three of those departments that you mention are absolutely rife with fraud and abuses of various sorts. If they actually cleaned up those acts, they would find that the funds they're spending now are way more than they need, and could be spent elsewhere. I don't know so much about student loans (although do not pay them back, in general I don't consider an educated population a waste of tax dollars) but Medicare, Social Security and Education are three of the top government money-sinks in existence. I guess my point is that you don't necessarily need to cut back service levels, if you can just cut back on the fraud and malfeasance going on. It's incredible, the sheer quantity of public money being diverted and stolen by Medicare suppliers and hospitals alone.

      --
      The higher the technology, the sharper that two-edged sword.
    101. Re:Now only by Mr.+Slippery · · Score: 1

      Paul is a Constitutionalist.

      Paul claims to be a Constitutionalist.

      Therefore, if something is not named in the Constitution as an enumerated power of the federal government, the federal government should keep their stinkin' noses and hands OUT of it.

      One thing named in the Constitution (Amendment XIV) as an enumerated power of the federal government is making the state governments respect the rights and liberties of citizens. Another thing mentioned in the Constitution (Article III) is "judicial Power" in "all Cases, in Law and Equity, arising under this Constitution".

      It is entirely fitting and Constitutional for the federal courts to hear cases and render decisions regarding whether state laws interfere with individual rights, both enumerated and unenumerated.

      We can legitimately disagree on whether individual cases are decided soundly, whether judges and justices are literate or a bunch of baboons, whether the doctrine of stare decisis is a good or a foolish idea. But to complain about the role of the courts in the process itself, and at the same time to identify as a "Constitutionalist", is to contradict oneself.

      When his constituents come to him and ask him to submit an earmark, he passes it on to the Appropriations Cmte. Then, he votes AGAINST the bill.

      Hah! What a wonderful way to have his cake and eat it too. Let others make the appropriation then make a vote against it he knows will be ineffectual. What a politician!

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    102. Re:Now only by tjstork · · Score: 1

      Yes but who will be the Fremen?

      Everyone knows that the Fremen are in Cleveland, Ohio!

      --
      This is my sig.
    103. Re:Now only by Darby · · Score: 1

      Actually the free market is a natural economic force because it means there are no artificial barriers to entry (such as government regulation).


      Not really. The free market is a theoretical construct which has never and can never possibly exist.
      A completely unrestricted market leads inevitably to one company owning everything with the few people on top owning almost everything and a bunch of people below them paid a bit to point guns at the rest who are working for room and board.

      In order to have anything even approximating the theoretical ideal of a free market requires some form of regulation to keep it functioning.

      That's the fundamental problem with the Libertarian Party. They have an entirely religious belief in a real actual free market which doesn't exist.

      If they could get over that, then they could actually get involved in the real debate by taking the stance that whatever regulations are put in place are designed to be as minimal as possible while being aimed at the actual purpose of keeping the market functioning as close to the ideal as possible.
      We sure as shit *need* somebody to do that, and as far out as they are by making it all about an entirely religious belief, they're still orders of magnitude less batshit insane than either the Democrats or the Republicans.

    104. Re:Now only by Darby · · Score: 1

      I'm thinking of spending my entertainment money on Alan Keyes. Even more bang for the buck.

      Yeesh, you have one sick sense of humor ;-)

    105. Re:Now only by Anonymous Coward · · Score: 0

      Mr Slippery idiot.

      Deciding that evolution (a theory) is not necessarily a fact, is not batshit crazy, its batshit reasonable.

      Turning science into religion by making a theory a dogma is batshit crazy.

      Saying a woman doesn't have a right to kill her child is not batshit crazy. Ignoring the rights of the child is batshit crazy. It means that you are so fucking stupid that you think a magic moment occurs at birth that makes the baby suddenly be human. All along the "thing" was the same. It got its oxygen and food from its mother, but it was still a human.

      You are a batshit crazy fucking murder loving fuckhead, and yes, if I were religious I wouldn't be cussing at you, you stupid goat-fucking pinhead.

    106. Re:Now only by mdm-adph · · Score: 1

      Well, of course not, because there's been amendments made to the Constitution in the past two hundred years that nullify the previous beliefs on slavery and women's suffrage. There's nothing wrong with this -- the founding fathers knew they weren't infallible, and that's why they made the constitution a living and changeable document. Just because a certain few of their beliefs have been made invalid over the years doesn't nullify the rest of their beliefs and judgments.

      However, there's been no abortion amendment, as far as I'm aware, so the way this matter was originally managed (by the states) is fine with me. If you have a problem with it, elect Congresspeople who are willing to change it. If and when an amendment to the Constitution is made regarding abortion rights, then I'll defend it and support it.

      --
      It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
    107. Re:Now only by tilde_e · · Score: 1

      If health care is a public service, it is a state service because the federal government isn't authorized to provide that service or collect taxes to pay for it. Why haven't the people figured this out yet and created this service in their state if they want it? Yet if 'all the practices that make business work' are opposed to providing quality care, then such a public service is doomed to fail due to bringing the public further into debt or it simply can't provide quality care. In either case I hope you're wrong. I personally would rather have a say in what quality means to me. For my own health, I am right and you are not because it is my business, not yours -- and vice versa. I'm not sure how I feel about people 'deserving' care, that sounds like an idealistic straw man. In what way does a sick individual reciprocate this care? Why do healthy individuals 'deserve' this tax? (In some ways I'm playing Devil's advocate, but your point of view sounds nice so I'd like to understand it so I can defend it.)

    108. Re:Now only by tilde_e · · Score: 1

      What social programs have we fought so hard for? The New Deal programs made the depression twice as bad and were mostly found unconstitutional, just as nationalized health care is. You should study the history of the on-again off-again central bank and how it rips you off, and the poor especially. You should worry about local government and fight for health care in your state if you want it.

    109. Re:Now only by tilde_e · · Score: 1

      Free markets probably work best when the market is a moving target. The IT industry is an example of an ever progressing market. Imagine if there was the same innovation in health care. I can see the costs of vaccines falling like 802.11 routers and there is always another illness or flu strain around the corner. I could imagine monopolies forming in companies that deliver bottled water because there is almost no innovation. Yet there is still competition at distribution points, Wal-2-O or something; I guess there are the gimmicks like oxygenating. Though you never hear complaints about the prices of over-the-counter medications.

    110. Re:Now only by SonicSpike · · Score: 1

      The problem is that you have no right to demand someone give up their money to support your health.

      Why should I be forced to pay for your health? Or worse yet, why should YOU be forced to pay for MY health?

      I think you are proposing a communistic state which is directly contrary to the founding documents of this country.

      --
      Libertas in infinitum
    111. Re:Now only by SonicSpike · · Score: 1

      Because with many older people needing insurance, SOMEONE would step in to provide because there would be a lot of money to be made.

      When there is a demand someone will step in with a supply.

      --
      Libertas in infinitum
    112. Re:Now only by SonicSpike · · Score: 1

      Unfortunately the Founders of the US disagree with you otherwise they would've written it into the Declaration of Independence or the Constitution.

      Besides, why should you be able to FORCE someone to help you? Why should you be able to FORCE someone to give up their hard earned money to support you? Or why should YOU be forced to give up your money for someone else?

      If you believe that health care is a "right" then you should look for a country that agrees with you and move there. Cuba, China, and a few others come to mind. Those countries appear to have a closer set of beliefs to you than does the United States.

      --
      Libertas in infinitum
    113. Re:Now only by SonicSpike · · Score: 1

      Actually you'll find that most governmental legislation was enacted due to lobbyists and corporate interests, or politicians attempting to pander to special groups.

      There is no choice with regulation. With a free market there is choice.

      --
      Libertas in infinitum
    114. Re:Now only by SonicSpike · · Score: 1

      No, I meant to look up "hortatory language". That is what the Preamble is.

      --
      Libertas in infinitum
    115. Re:Now only by SonicSpike · · Score: 1

      No-

      Insurance is unfortunately very heavily regulated as is healthcare.

      It costs over $1bn and 10 years to bring a new drug to market. The drug cos HAVE to be able to recoup those costs before their patent runs out. That's why drugs are so damn expensive for example. An regulated market could certify drugs much cheaper than could the government.

      --
      Libertas in infinitum
    116. Re:Now only by Sczi · · Score: 1

      I did look it up, and thank you for the new word, but my opinion still stands that the Preamble states the spirit and context that the rest should be interpreted. The government is going to do, and should do, things that aren't specifically in the constitution, as long as we are in keeping with the spirit of it. Truth, justice, and the American way, etc. That means interpretation, which means opinion, which means we all draw the line somewhere else. Saying that so-and-so department is not specifically enumerated is a specious argument, because it's just not a realistic way to do business. The fact is that we all draw our own line, and so saying that "it's not in the constitution" is a fallacious appeal to authority, in my opinion. I see your point, though. I think you took me a bit too literally. Are you actually disagreeing with me, or just calling me out for a bogus argument? As a RP supporter, I suppose there's a chance you're one of those ultra-literalists that I tend to disagree with. Not that there's anything wrong with that. That's why we vote.

    117. Re:Now only by SonicSpike · · Score: 1

      Monopolies are rare and usually short lived in a free market. When a monopoly crops up it becomes a big target for its competition.

      Most of the monopolies that exist today however are only monopolies because the government granted them that position where competition is limited or outright prohibited (USPS, telcos, utility companies, etc).

      Contrast that to MSFT where there are definite alternatives such as Linux, Mac, or even the ability to create your own OS.

      --
      Libertas in infinitum
    118. Re:Now only by amRadioHed · · Score: 1

      http://www.youtube.com/watch?v=V4af9Q0Fa4Q

      3 minutes and 7 seconds into the video.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    119. Re:Now only by SonicSpike · · Score: 1

      When someone takes an oath to become a Doc they agree to help people in dire need.

      Ron Paul does NOT think people should be dying in the streets.

      Perhaps you should do some research on him before you bash him:

      http://www.ronpaullibrary.org/topic.php?id=22

      --
      Libertas in infinitum
    120. Re:Now only by sqrt(2) · · Score: 1

      Cuba, China, and a few others come to mind. I suppose you'd didn't out right call me a communist. Still, you should be above such petty attacks, and it just makes your side look weaker.

      Why don't you list countries like Canada and Norway next time? Universal health care isn't some failed experiment. But I guess listing countries that completely disprove the libertarian thesis that Government doesn't work wont bring in many votes for the LP.

      Ideally we wouldn't have to "force" anyone to do anything, unfortunately some selfish people think they have no responsibility to give back to the society that provided the foundation that allowed them to amass that "hard earned money" in the first place. Thankfully people like that are a minority in the US, and it's only getting better as time goes on. In the next decade Universal Health Care WILL happen, the insurance industry as we know it will be gone, and we'll finally catch up to the rest of world's progress.
      --
      If you build it, nerds will come. Soylentnews.org
    121. Re:Now only by Kortalh · · Score: 0

      Well, I can't speak about insurance as I don't know a whole lot about it. But I, for one, am quite pleased that drug companies have safety regulations. Even with the regulations, products like Vioxx are released into the market, and even the "safe" drugs have a list of side-effects (like "may cause diarrhea, heart attack, or death") as long as my arm. If that's how the industry is with regulations, what would it be like without them?

      Also, drug companies in other countries (Bayer, for example) have substantially lower costs than their American-based counterparts (like Pfizer). Yet countries like Germany, where Bayer is based, have some form of universal health care -- which means, as the popular argument claims, much more red tape to go through.

      In other words, non-US drug companies have higher regulation, yet lower costs -- which is a direct contradiction of your statement.

    122. Re:Now only by forrestt · · Score: 1

      Like I attempted to say, a free market isn't something that occurs, kinda like Santa Clause or the Easter Bunny, anywhere but in someones imagination. And, I'll agree, a lot of regulation (I'm assuming we are only referring to regulation relating to commerce) is due to special interest groups, however saying that "most is" is FAR from accurate. Most regulation is due to business owners trying to cheat their customers or pollute the environment. The Government, being the representation of the people, told said corrupt business owners that this was not tolerable and that if you want to continue to do business with us you are going to have to follow our rules. You may THINK that you are bigger than your customers, but your customers are in fact the Government (you remember, "of the people, by the people, for the people"). The only regulations I can see that make things worse are those that are generated at the behest of big business.

      And there are still choices with regulation, it is just harder to cheat (if you say you are selling X then the customer better be getting X) and you have to include more of the costs of the product when you sell it (like the cost of NOT polluting the environment). Study your history. You will see that if big business is free to do what they want, they will pay their employees pennies a day and destroy the environment. This isn't conjecture, it has happened and would certainly happen again without regulation. Proof of this is the fact that business get hit with environmental pollution fines and ship jobs overseas where they don't have to pay as much.

      Now, try playing Monopoly(tm) without any rules. The Banker will always win. To make the game fair and enjoyable to everyone, rules get put into place. The only choice that is available in the imaginary "free market" that isn't available under regulation is the choice to cheat.

    123. Re:Now only by Anonymous Coward · · Score: 0

      The problem is that you have no right to demand someone give up their money to support your health. Society absolutely does. You can always leave society though if you don't like that deal, go live by yourself in the woods where you wont have to share anything with anyone. You'd probably like that, absolute economic freedom. The rest of us though will be cooperating to form a better civilizations for ourselves and our children.
    124. Re:Now only by SonicSpike · · Score: 1

      That's called coercion by force which is absolutely morally reprehensible. Essentially it's mob rule and the neighborhood can vote to take your land as long as they get a majority. The other name for that is "democracy".

      Fortunately for us we don't live in a democracy but a Constitutional Republic.

      No one has a right to my property, personal or real. Nor do I have a right to your property either.

      If you disagree, YOU should go live in a country that better fits your views. Russia, North Korea, and Cuba come to mind.

      --
      Libertas in infinitum
    125. Re:Now only by SonicSpike · · Score: 1

      People DON'T have a responsibility to give back to society or anyone at all.

      No one has a right to my property as I don't have a right to yours.

      And charity at the end of a gun isn't really charity, it's robbery. Charity should come from the heart internally, not coercion of fear of jail.

      The taxes in Canada and Norway are above and beyond. But regardless it doesn't matter what those countries do because even more fundamentally, it is unconstitutional for the US federal government to institute a health care program. No where in the Constitution does it authorize the federal government to do this.

      --
      Libertas in infinitum
    126. Re:Now only by SonicSpike · · Score: 1

      The Constitution is VERY specific on what is and isn't prohibited to the federal government. Article 1 Section 8 for starters. But then follow it up with the 9th and 10th Amendments.

      --
      Libertas in infinitum
    127. Re:Now only by Kortalh · · Score: 0

      Right, I'm sure opinion articles from a Libertarian website are completely honest without a shred of bias. I can't help but notice that not a single one of those articles cites any sources.

      Would you take me seriously if I started linking to Michael Moore's thoughts on health care, too?

    128. Re:Now only by Anonymous Coward · · Score: 0

      Says the man backing a party that's never won an election, in a country that is increasingly socialist. You speak as if you're the majority, that's pretty fucking hilarious. People who think like me vastly out number you, better get used to being "coerced". YOU might want to get your passport ready to move to...wait, there are no libertarian countries are there? Wonder why...

    129. Re:Now only by SonicSpike · · Score: 1

      The United States was actually a libertarian country when it was founded. The Constitution shows this. Unfortunately it's been perverted by courts, ignored by Congress, and trampled upon by presidents.

      This is a fight to restore the Republic to the Constitution which is very libertarian.

      --
      Libertas in infinitum
    130. Re:Now only by SonicSpike · · Score: 1

      Just because you disagree with someone doesn't make their points invalid.

      --
      Libertas in infinitum
    131. Re:Now only by Kortalh · · Score: 0

      Quite correct. But what does make their points invalid is that they are spewing a bunch of unverified and highly debatable statistics, and presenting them as fact.

      I'd like to think that I'm reasonable and open-minded... if they had presented data from a reputable, neutral source, I would definitely take it to heart -- and I might even be convinced to change positions, should the argument be strong enough. But when the opposition to universal health care can only produce baseless opinions and bogeymen, well, I have better ways to spend my time.

  5. finally a guy with brains and balls by akirapill · · Score: 1

    I read on Slashdot just about every day people saying "Democracy may not be perfect, but if you don't like what your elected officials are doing just vote them out and vote in someone competent!" This might be a sign to put our money where our mouth is...

    1. Re:finally a guy with brains and balls by spleen_blender · · Score: 1

      One word: Diebold.

    2. Re:finally a guy with brains and balls by akirapill · · Score: 1

      thanks

    3. Re:finally a guy with brains and balls by MillionthMonkey · · Score: 1

      I read on Slashdot just about every day people saying "Democracy may not be perfect, but if you don't like what your elected officials are doing just vote them out and vote in someone competent!"

      I read that on Slashdot every day too, and I'm getting pretty sick of it.

      It's not even possible to find "someone competent" if we're going to insist they do things that cannot possibly be done competently.

  6. Show Apprectiation by Telepathetic+Man · · Score: 5, Informative

    If you like Dodd's move, be sure to contact his office and express your support. Let him know he is doing the right thing.

    --
    Just because you can, does not mean you should.
    1. Re:Show Apprectiation by BuddyJesus · · Score: 2, Insightful

      If you like Dodd's move, then don't just contact his office and express support, vote for him in the Democratic primaries.

    2. Re:Show Apprectiation by Poeir · · Score: 1
      --
      Sigs are like bumper stickers.
    3. Re:Show Apprectiation by Anonymous Coward · · Score: 0

      just to save people a search and a couple of clicks, dodd's senate contact form

  7. The telcos dont deserve immunity by jonwil · · Score: 5, Insightful

    They used filters and monitors and logging to spy on all traffic passing through key peering nodes on the say-so of the white house and the intelligence agencies even though such spying was illegal at the time it happened. I say we should hang AT&T, Verizon and the others out to dry for what they did. If it means they make less profit this year, tough, its their own fault for following the directions of G.W.Bush and his cronies instead of following the law (and demanding warrants for the spying)

    1. Re:The telcos dont deserve immunity by Anonymous Coward · · Score: 0

      The problem is that they'll just raise rates to cover the expenses. Unless somebody ends up going to jail, there's not really any way to punish a corporation that doesn't ultimately end up punishing the consumers.

      ...not that I'm against sending some CEOs to prison.

    2. Re:The telcos dont deserve immunity by civilizedINTENSITY · · Score: 1

      hehehe...maybe its time for google to step up to the plate?

    3. Re:The telcos dont deserve immunity by Scudsucker · · Score: 1

      They can't, thanks to competition. AT&T raises their long distance rates, people will just switch to Qwest, the company that refused to go along with the warrantless spying. Which would be poetic justice since their CEO was screwed by insider trading charges when he wasn't allowed to present evidence that he thought the company was going to be getting money when he sold his shares.

    4. Re:The telcos dont deserve immunity by Anonymous Coward · · Score: 1, Interesting

      Its worthy to note here that Qwest Communications was also approached by the N.S.A., and they refused to provide data without a court-issued warrant. The CEO of Qwest was later charged and convicted of 19 counts of Insider Trading. Read about it here: http://www.nytimes.com/2007/10/14/business/14qwest.html

  8. DoS against Democracy by Blancmange · · Score: 4, Interesting

    Despite the favourable outcome in this case, isn't a filibuster a kind of Denial Of Service attack on democracy?

    --
    Blancmange
    1. Re:DoS against Democracy by Anonymous Coward · · Score: 0

      Meh. A representative republic is a redefinition-of-rules-of-the-game attack on democracy. Remember, america isn't a democracy.
      (Actually, simple democracy is unlikely to work on large scale anyway - tyranny of the majority).

    2. Re:DoS against Democracy by Anonymous Coward · · Score: 1, Informative

      I believe the Senate can override filibuster with 60 votes. It is not a DoS of democracy - it is a part of our version of democracy.

      Yours is more a dumb post than an interesting one.

    3. Re:DoS against Democracy by erroneus · · Score: 4, Informative

      To be clear, the US isn't a Democracy. It's a Republic. That means once the people are in office, they can do pretty much what they want regardless of what 'the people' want. So after the public election, it's all up to the elected as to what happens next. There is no ability for 'the people' to vote for an individual law or any such thing.

      Now that said, a filibuster is a kind of interruption to the flow of legislative activity. But it's sometimes necessary since there are times when majorities take advantage of minorities in the process. The filibuster helps to ensure that the minority is heard even when the majority would rather not listen to them. I have watched some pretty atrocious stuff happening on C-SPAN where the majority was simply ignoring proper procedure during legislative activities giving no voice at all to the minority side or their interests. When the gang or the mob is in control, the filibuster ensures that a minority can be heard.

    4. Re:DoS against Democracy by Anonymous Coward · · Score: 0

      No, the US Congress was designed to have two houses, one very responsive to constituents and the other more deliberative and resistant to change. This goes back at least as far as Edmund Burke and his book "Reflections on the Revolution in France", when the Jacobins enforced change at a rate faster than society's ability to absorb it, in the opinion of many British observers. Also the British Parliament is designed in a similar fashion.

      So the fact that the Senate is housed with crusty old politicians on both aisles who are adept at the tactics of delay, is not a bug, but a feature. Think of it as the flywheel of US government.

    5. Re:DoS against Democracy by Anonymous Coward · · Score: 0

      Exactly. It is a measure to protect Democracy by preventing those with a slight minority from screwing over those in the minority. It can be bypassed (via cloture) by a vast majority -- formerly 66 senators, although I think it might be only 60 today.

      Filibusters are commonly used to buy time to persuade other senators, not stop a bill permanently.

      See http://en.wikipedia.org/wiki/Filibuster and http://en.wikipedia.org/wiki/Tyranny_of_the_majority for good background on why the bfilibuster is an important part of our democracy.

    6. Re:DoS against Democracy by penix1 · · Score: 1

      That means once the people are in office, they can do pretty much what they want regardless of what 'the people' want. So after the public election, it's all up to the elected as to what happens next. There is no ability for 'the people' to vote for an individual law or any such thing.


      That may be true for the Federal level but not the State or Local levels where laws are more likely to affect the electorate more directly. Voter referendums happen all the time. I'd love to see a national voter referendum for various laws myself especially on long term ones that will affect whole generations. That would be interesting.
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    7. Re:DoS against Democracy by Blancmange · · Score: 1

      Ahhh, right! So, in situations like this, filibusters don't actually deny anyone else a voice because the whole process is not subject to the sort of useless time limit you'd find on a TV interview, then.

      Hehe. I like "flywheel of democracy" allusion.

      --
      Blancmange
    8. Re:DoS against Democracy by Cyberax · · Score: 3, Insightful

      Yes, and a pine is not a plant - it's a tree.

      Representative Republic is _a_ _form_ _of_ _democracy_.

    9. Re:DoS against Democracy by civilizedINTENSITY · · Score: 3, Insightful
      democracy, which is pronounced \di-mä-kr-s\

      Its a noun, which means:

      1 a: government by the people; especially : rule of the majority b: a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections
      We are a democratic republic. We *are* a democracy, even though we use representation. We are a republic, even though the supreme power is vested in the people.
    10. Re:DoS against Democracy by Phantom+of+the+Opera · · Score: 1

      No, it isn't a DoS against democracy. A filibuster can be ended when enough of the majority ask for it to end. American democracy was structured to give protection to minority views. It's not fullproof protection, but it exists. This structure has been eroded, maybe due to the sheer size of the populace. People fear the different and the strange, and fear random 'bad things'. Any person can be terribly dangerous and terribly fragile. That fear is why you see the erosion of gun ownership and the proliferation of bike helmets, warning labels, and politicians who consistently choose 'safe' opinions.

    11. Re:DoS against Democracy by unsigned+integer · · Score: 3, Funny

      >Yes, and a pine is not a plant - it's a tree.

      I'm pretty sure it's also not an elm.

    12. Re:DoS against Democracy by mOdQuArK! · · Score: 1

      The Larch.

    13. Re:DoS against Democracy by sgt$st0n3 · · Score: 1

      Cool, dosdemmed..... S

    14. Re:DoS against Democracy by PAKnightPA · · Score: 1

      I don't know... I mean yes, the United States has elements of a republic, but we do have to vote in a sizable portion those that serve in government. So I'm not sure how you define democracy. I guess if you say a democracy is a government where every issue is put to ballot and the people come out vote on it then no, we aren't a democracy, but then no country I know of is... Personally, I don't think "Republic" and "Democracy" are exclusive terms and would brand the United States a democratic republic.

    15. Re:DoS against Democracy by bagsc · · Score: 1

      This isn't an election, which is the only "democratic" part of America.

      This is the legislative process. A filibuster is an attempt to delay a cloture vote. A cloture vote is an end to debate on an issue so the issue can be voted on. A filibuster threat which causes more debate on an issue and gives Senators more time to confer with their staff and constituents.

      Which is more democratic - taking more time to debate the merits of an important action or rushing that action?

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    16. Re:DoS against Democracy by The+One+and+Only · · Score: 1

      I am getting tired of responding to you people. Is this Ignorance Of Political Science Week or something?

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    17. Re:DoS against Democracy by deanc · · Score: 1

      To be clear, the US isn't a Democracy. It's a Republic. That means once the people are in office, they can do pretty much what they want regardless of what 'the people' want.

      No, "Republic" means that we have an elected head of state, rather than a hereditary monarch.

      The United States is a democracy (mechanism) and a republic (form). The United Kingdom is a democracy and a monarchy, not a republic.

    18. Re:DoS against Democracy by mvdwege · · Score: 1

      These ignoramuses have been around a long time. Where did you think I got the idea for my .sig?

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    19. Re:DoS against Democracy by coaxial · · Score: 1

      To be clear, the US isn't a Democracy. It's a Republic. That means once the people are in office, they can do pretty much what they want regardless of what 'the people' want. So after the public election, it's all up to the elected as to what happens next. There is no ability for 'the people' to vote for an individual law or any such thing. You clearly do not have any idea what the definition of "democracy" is.

      A "democracy" is a form of government where the people govern. That is, the government derives its power from the people. The people vote and majority rules.

      A ""republic" is a form of government where the leader of the government is not a monarch.

      The terms you are wanting are "direct democracy" and "representative democracy." These terms have existed for hundreds, if not thousands of years. All of these terms are taught and defined in an elementary school social studies class. I suggest you retake one.
    20. Re:DoS against Democracy by erroneus · · Score: 1

      The representatives do not have any obligation to represent the people... they don't act on the people's will.

      Call it all what you want, but the reality is what we see in action, not what it's supposed to be.

    21. Re:DoS against Democracy by Darby · · Score: 1

      To be clear, the US isn't a Democracy. It's a Republic.

      To be accurate, the US isn't a Republic, it's a Constitutional Republic.

      That means once the people are in office, they can do pretty much what they want regardless of what 'the people' want.

      That means that once people are in office they are severely constrained in what they can do, regardless if 99.99% of the people want them to do it. If support is really that strong, then getting an amendment to the constitution passed should be easy and would actually be legal.

      There is no ability for 'the people' to vote for an individual law or any such thing.

      OK,. you got one right.

      What I said above was the *intent*. The massive undermining of the Constitution since it was put in place is why it doesn't look much like it should, but nevertheless, you should at least get that much straight.

  9. Re:Show Appreciation by toofishes · · Score: 4, Insightful

    Don't look at this as a permanent victory either guys- the pressure needs to be kept up on all of the members of the Senate, especially those that may be on the fence (the other spineless democrats). Calls and emails made a difference today- Orrin Hatch was livid about "the blogs" spreading misinformation, and Reid obviously heard by the end of the day that his constituents were not happy that he was going to try and ram this bill through. When this comes back up in January, be heard. And better yet, contact your senator between now and then and let them know you won't accept retroactive immunity.

  10. Yay for Dodd, but how'd we get here? by StringBlade · · Score: 5, Insightful

    Democrats want immunity for big business. Republicans want big government.

    Are the parties flip-flopping again or are they finally coming into parity with the fact that they're just one big party with two masks so the people get a sense they they're getting a change every 4 or 8 years?

    The threat of a filibuster shouldn't have even been necessary if the government was really for the people by the people.

    --
    ...and that's the way the cookie crumbles.
    1. Re:Yay for Dodd, but how'd we get here? by Scudsucker · · Score: 4, Insightful

      Democrats want immunity for big business. Republicans want big government.

      "Small government" was only ever a marketing slogan for the GOP. It didn't mean cutting the size of government at all, it meant cutting regulation and social spending - but baby, bring on those military and pork barrel projects.

      Sell out Dems like Reid, Hoyer, Feinstein, and Rockefeller need to be kicked to the curb just as soon as they can be primaried. As for the Republicans - well, their party needs a complete enema as Nixon would almost be a communist in today's GOP.

    2. Re:Yay for Dodd, but how'd we get here? by iminplaya · · Score: 1

      ...Nixon would almost be a communist in today's GOP.

      Nixon set the tone for today's GOP. "When the president does it that means that it is not illegal."

      --
      What?
    3. Re:Yay for Dodd, but how'd we get here? by evilviper · · Score: 1

      Republicans want big government.

      There is one single immutable fact of US politics. NOBODY EVER WANTS SMALLER GOVERNMENT.

      You can go all the way back to the first few presidents when the idea that presidential power had expanded too much and the government was too big was brought out for the first time, by some of the very founding fathers of the country like Thomas Jefferson. No doubt he believed it too, right up until he was elected, and it became HIS government, and he decided to expand the government, and expand Presidential power. In fact it has expanded at a pretty constant rate through the years, no matter who is in office.

      And when Republicans say it, they don't believe it for a second... Small Government is just a euphemism for deregulation, and senselessly cutting taxes and driving the country into massive debt (no, it's not just Bush, that's what they've all done, for the past 3 decades, he just happened to be better at it, having a rubber-stamp Congress). It's the same way that "state's rights" was just a euphemism for segregation, and NEVER meant to apply to any other rights, especially anything the party's base might disagree with.

      Democrats want immunity for big business.


      The Democrats went completely haywire when they lost the senate to Republicans. Now the entire Democrat strategy is to out-republican the Republicans. In 2004 we had Kerry trying to explain why he's just not quite exactly like George Bush, even though he voted in support of everything Bush wanted, and would continue the exact same policies, but of course he would do it in a different way. Then we have all the senators like Clinton voting for absolutely everything Bush wants, lest they be seen as not quite overzealous enough in mindlessly voting for anything that might eventually result in the death of an arab who may have made sandwiches for a terrorist organization. Even though they campaigned on being in opposition to Bush, and won an overwhelming victory, they're still fearful that he'll suddenly become vastly popular again, up from his 15%, days before they're up for reelection, and suddenly every NO vote will be used against them...

      Democrats have their own code as well. When they talk about women's rights, it tends to mean the right to chose to have an abortion or not, with no input from the other half of the pair that was involved, even though they can then demand child support and (p)alimony, even if they chose artificial insemination. When democrats talk about minorities or equal rights, they simply mean MORE rights and government subsidies/programs for women and non-whites, even in cases where the minorities may have already been treated as or more fairly than the (small) majority.

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    4. Re:Yay for Dodd, but how'd we get here? by Scudsucker · · Score: 2, Interesting

      Nixon set the tone for today's GOP. "When the president does it that means that it is not illegal."

      EPA. China. Compromise. Nixon did have his authoritarian side, but he didn't go out of his way to be a complete asshole on as many issues as possible. And what Nixon was to impeached for is a molehill next to the Bush/Cheney mountain of lawbreaking: NSA wiretapping, torture, lying us into war, using federal agencies for partisan gain, trying to lie us into war AGAIN, and so on.

    5. Re:Yay for Dodd, but how'd we get here? by The+One+and+Only · · Score: 1

      ...As far as I can tell, Bush only lied us into war once, in Iraq. The only other war was Afghanistan. Did you think 9/11 was faked somehow? Or that the idea (also held by the Clinton administration) that al-Qaeda was in Afghanistan was a lie?

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    6. Re:Yay for Dodd, but how'd we get here? by Nimey · · Score: 1

      it meant cutting regulation Except for moral things like whom I can sleep with and which sexual acts I can perform with a willing adult.
      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    7. Re:Yay for Dodd, but how'd we get here? by Scudsucker · · Score: 1

      ...As far as I can tell, Bush only lied us into war once, in Iraq.

      I'm was referring to their warmongering on Iran, silly, not 911 conspiracy theories. Watch the clip - there's a hard date this summer where Bush's rhetoric on Iran changed when he was briefed by McConnell.

    8. Re:Yay for Dodd, but how'd we get here? by Scudsucker · · Score: 1

      And flag burning, don't forget flag burning. That terrible issue that's ruining today's youth, even though it happens a couple times a decade. Some Dems also support flag burning amendments, and they can also go stuff themselves...I'm looking at you, Hillary.

    9. Re:Yay for Dodd, but how'd we get here? by iminplaya · · Score: 1

      Check the geography and history of Afghanistan. That war is motivated by pure economics every bit as much as Iraq. 9/11 wasn't faked. But its reason is not what the conspiracy theorists in the white house and media say it is. There is no doubt the American propaganda machine is unrivaled.

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    10. Re:Yay for Dodd, but how'd we get here? by Sloppy · · Score: 1

      Republicans want big government.

      Among Democrats and Republicans, the weaker party usually claims to want small government and the strong one always wants big government. Their positions on the issue are identical; it's just that Republicans (when not in power -- see 1994) are much better at talking about it. Nothing has flipped.

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    11. Re:Yay for Dodd, but how'd we get here? by The+One+and+Only · · Score: 1

      We're not at war with Iran. You can't lie the country into war when you haven't actually gotten the country into that war.

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    12. Re:Yay for Dodd, but how'd we get here? by The+One+and+Only · · Score: 1

      So you're saying either that it wasn't Al-Qaeda that attacked the WTC (who was it then? Jewish Neocon Freemasons?), or that Al-Qaeda was not based in Afghanistan. Sorry, I don't have time to joust with nutjobs this week.

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    13. Re:Yay for Dodd, but how'd we get here? by Scudsucker · · Score: 1
      Which is why I said

      trying to lie us into war AGAIN,
      obviously.
    14. Re:Yay for Dodd, but how'd we get here? by iminplaya · · Score: 1

      So you're saying either that it wasn't Al-Qaeda that attacked the WTC...

      Well, if you have PROOF beyond any reasonable doubt, by all means, enlighten us all, then we can work together on it, otherwise you cut cut the crap. You are the nutjobs that put and kept the real nutjobs into the white house. Thank you very much. You've apparently decided in which conspiracy theory to believe. Good for you. But your conspiracy theories are just as wacky as the others, more so because You sent Americans to die for it. And furthermore are killing hundreds of thousands of innocents. I'm sure they appreciate your efforts. I certainly wish you could spend as much energy looking for real evidence instead of simply believing what's been spoon fed to you. Whatever floats your boat, I guess. Happy hunting.

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      What?
    15. Re:Yay for Dodd, but how'd we get here? by sydbarrett74 · · Score: 1

      Are the parties flip-flopping again or are they finally coming into parity with the fact that they're just one big party with two masks so the people get a sense they they're getting a change every 4 or 8 years? Nothing new under the sun. If you dust off an old American History text, you see that it's been this way since the demise of the Federalist party in 1816 and the Era of Good Feelings from 1820-1825. I encourage all of you out there to read up on it -- fascinating stuff.
      --
      'He who has to break a thing to find out what it is, has left the path of wisdom.' -- Gandalf to Saruman
    16. Re:Yay for Dodd, but how'd we get here? by The+One+and+Only · · Score: 1

      I didn't send anyone to die, you asshole. Go to hell.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    17. Re:Yay for Dodd, but how'd we get here? by iminplaya · · Score: 1

      :-) HA! Gotcha! Thanks for the money shot. Go ahead and keep on believing the government's conspiracy theory. But you still haven't proven it to be any less nutty than all the others. C'mon man, cough it up. You seem to know all about it. I don't need to go to hell. You all are bringing it right here to us infidels who won't drink your Kool-aid. You say you're "not interested in right-wing propaganda". Yet here you are... Anyway, maybe after you spend a few years outside of your walled garden, your study of philosophy might bear some fruit. So, you didn't send anyone to die? Strange, your name, along with many others is on the check...I think it's safe to call you a "contributor". Your money is blood money. And your gasoline smells of burning flesh.

      Oh, and it doesn't matter where your Al-Queso is based. That's not who the government is fighting. See, because if they were, they would be invading Saudi Arabia. And they would stop funding the terrorists that still are on "our" side. They're only in it for the money. The opium trade is booming. It's our "new" old "Columbian/French Connection" going back to the 1800s. So, keep on studying, and stop worrying about what's on your cable. I don't see any laws on the books that require you to buy it.

      Hey, let's see your trekkie uniform.

      Besos

      Such a shame to see these young kids thinking just like Archie bunker. What a waste

      --
      What?
    18. Re:Yay for Dodd, but how'd we get here? by The+One+and+Only · · Score: 1

      So, you didn't send anyone to die? Strange, your name, along with many others is on the check...I think it's safe to call you a "contributor".

      I'm a net negative contributor to the federal treasury. If anything I've taken money away from the war. Now why don't you tell me who *you* think destroyed the WTC? Was it the Jewish neocon freemasons?

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    19. Re:Yay for Dodd, but how'd we get here? by iminplaya · · Score: 1

      Was it the Jewish neocon freemasons?

      I don't know, and I don't care. I do know that you're only spewing such nonsense in an attempt to disparage opposing opinions as lunacy, as opposed to presenting an actual argument to make your point. Sorry, homey don't do that. You can play that game somewhere else. The only verifiable fact is that nobody has proven beyond reasonable doubt it was this Al Quaeda character, or who hired him. In my eyes that needs to be established before you start shooting at people, especially those who had nothing to do with it. A basic tenet of justice is to make sure you have the right guy. Otherwise your credibility goes right out the window. You appear to believe otherwise. I don't know why that is, but so be it. So please, show me some evidence, other than some scenes from "Wag the Dog". In the meantime you should be demanding an immediate end to these hostilities and violations of basic rights based on unproven preconceptions. And you should make at least a feeble effort to follow the money. I would wager you would find much of it comes from those who seek power. Which you are handing to them on the proverbial silver platter. Don't think for a second that it can't be domestic. I guess I should tell you that I saw all this 40 years ago, word for word, lie for lie. In fact, my fist post in this thread stated as much. It's why I said it. You are repeating history, all over again and again. So, please don't assume I'm just making it all up. It's been done before, at the cost of over 2 million lives, 4 million if you count the nearly immediate aftermath. And now, here we go again. In fact, it never really stopped. Same story with even some of the same actors. A remake of the same movie, if you will. But even more intense this time around. I can also assure you that none of the money you've taken away came out of the war budget. It simply gives the government an excuse to to cut back on needed domestic programs. I honestly believe that you should study a bit more history before you take a stab at philosophy. You need some foundation there to base it on. Otherwise it's like trying to build an airplane without knowledge of basic aerodynamics.

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    20. Re:Yay for Dodd, but how'd we get here? by Darby · · Score: 1

      Nixon set the tone for today's GOP. "When the president does it that means that it is not illegal."

      Sort of.
      I'd argue that Ford's Folly was the actual catalyzing factor that sent the GOP down their path to hell so to speak.

      Had Ford showed a scrap of integrity and allowed Nixon to be tried for his acts of treason against this nation, as opposed to his cowardly path of "political expedience", do you really think Reagan would have had the balls to deal crack on our streets to fund terrorists? To set up terrorist training camps in Central America? To reign over the single largest growth of the US government? To have armed trained and funded Osama Bin Laden making him *personally* responsible for the 9/11 attacks?

      No. Ford's Folly paved the way for the President to *know* absolutely that he was above the law. Reagan used that to great advantage (of him and a few other people) but to greatly damage our country. Of course, few people even suggested impeaching, trying for treason, and executing that drooling vegetable as he had earned. It's all gone downhill from there.

      They even went so far as to impeach Clinton over some idiotic nonsense just to make that option seem ridiculous right before they went full bore and even put the treason of the fucking Reagan administration to shame. Mostly the same fucking traitors as in the current administration at least in the first term.

      So, there are plenty of things you can point to, and the slide started long before that, but it wasn't Nixon's willingness to commit treason, it was Ford's and the American public's cowardly unwillingness to do a god damned thing about it that set the stage for how far we've fallen.

    21. Re:Yay for Dodd, but how'd we get here? by The+One+and+Only · · Score: 1

      I don't know, and I don't care.

      Then please leave this issues to those of us who do care, and get back on your meds.

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    22. Re:Yay for Dodd, but how'd we get here? by iminplaya · · Score: 1

      If you really cared, you would be honest about it instead of swallowing the sausage whole. You don't even know what the issues are. Your blog offers plenty of proof of that. You're just carrying the country down even deeper. Thanks, kid. Looks like at least four more years of the same old thing. Some philosopher you'll be. You sound more like David Horowitz. And thanks for showing that there's no point in blaming the government for the human condition. A pitiful case you are. Another generation lost. That's too bad. Have a good one. It's been a slice.

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      What?
    23. Re:Yay for Dodd, but how'd we get here? by Breakfast+Pants · · Score: 1

      The war in Afghanistan was for a pipeline to transport the spoils that would be to come from the war in Iraq.

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      --

      WHO ATE MY BREAKFAST PANTS?
    24. Re:Yay for Dodd, but how'd we get here? by The+One+and+Only · · Score: 1

      Sure--that's why they didn't bother sticking around and occupying the country.

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    25. Re:Yay for Dodd, but how'd we get here? by iminplaya · · Score: 1

      Very possible, even likely. It might be that if China wants some of that gas and oil, they would have to go through us. But rest assured that the opium trade has a lot to do with it. Big business it is. And that is what's coming back to the west by the megaton. Production is so high now that we are probably having trouble maintaining the price. They are producing so much that we can't consume it all. The Taliban had a handle on it. Check this out. See that graph? Look at the 2001 levels. Very interesting. As soon as we stepped in, production was right back up to "normal". Here's a weird statement from the link: "No other country beside China in the 19th Century ever had such a large amount of land dedicated to illegal activities. Anybody familiar with any history at all would realize that was during the height and as a result of the opium wars. It's just more evidence that this whole "terrorism" thing is quite a ruse to cover up some very dirty business. Too bad there's so many poor saps who just won't hear it and continue to spew government propaganda while calling those with a different opinion a bunch of "nutjobs" while dragging the country to the depths of hell. He knows who I'm talking about You still there, boy?

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  11. Ron Paul won't allow warentless wiretapping by SonicSpike · · Score: 2, Interesting

    If you search for writings and speeches by US Rep Dr. Ron Paul (who is running for President) you'll notice that he wouldn't allow secret wiretapping etc...

    --
    Libertas in infinitum
    1. Re:Ron Paul won't allow warentless wiretapping by Anonymous Coward · · Score: 0

      You'll also notice that he claims to support a non-interventionist foreign policy, which any Congressman knows god damn well isn't anywhere near possible. Stop sucking at his teat just because he's less offensive than other politicians.

    2. Re:Ron Paul won't allow warentless wiretapping by Aaron+England · · Score: 2, Insightful

      Ron Paul also wants to pull out of the UN, remove the constitutionally protected women's right to choose, remove public education and has a number of other insane ideas of how government should be runned. I don't like wireless wiretapping or our foreign policy much, but there more important issues out there which Paul loses most voters including this one on.

    3. Re:Ron Paul won't allow warentless wiretapping by Anonymous Coward · · Score: 0

      Ron Paul for President 2008 - voted against: REALID,Patriot Act,IRS, FCC, Iraq,Echelon..etc Don't forget he voted against net neutrality and against impeaching Cheney.
    4. Re:Ron Paul won't allow warentless wiretapping by The+Analog+Kid · · Score: 1

      What has the UN really done since it's inception? Are we closer to world peace?

      Yes Paul wants to make abortion illegal, not because God said so though, because he thinks it's ethically wrong. That argument is much more reasonable to me, than using a book that doesn't even say abortion as a basis.

      Paul also wouldn't be the first to try and dump public education. I don't think it would be a bad thing either. If you look at the private schools, they do more with less as far as actual education goes and they throw out anyone who doesn't want to be there. Insane, not really.

      What's really so insane about him? Because he wants to do things that haven't been done? Sure some of his ideas are a little far-fetched like going back to the gold standard, but lets face facts, I doubt Congress would let him do all that he's talking about, but it would be the biggest middle finger to the establishment that the country can give. What's the worst that can happen, he acts as a proper check on Congress? Is that so bad?

    5. Re:Ron Paul won't allow warentless wiretapping by ravenspear · · Score: 4, Informative

      Ron Paul also wants to pull out of the UN

      While I don't favor this, you would be hard pressed to argue that the UN has had a very productive impact in most of the activities they have undertaken. And even when their stuff has worked, it has usually been with the US doing most of the legwork. The UN is mainly an organization that allows its members to say they support international partnerships, while performing relatively few useful functions of its own.

      remove the constitutionally protected women's right to choose

      Last time I checked a woman's right to choose was protected by a Supreme Court decision, not the Constitution. Whether or not one supports abortion is another matter, but lets be clear on that.

      remove public education

      Not a bad idea considering the Constitution provides no basis for the federal government to be involved in education, and our schools are failing anyway. Plus, our students did better comparatively against other nations before the US Dept of Education was instituted.

    6. Re:Ron Paul won't allow warentless wiretapping by Anonymous Coward · · Score: 0

      try reading the US Constitution.

      You know that crazy old document that covers the responsibility and limits of Federal Government?

    7. Re:Ron Paul won't allow warentless wiretapping by Anonymous Coward · · Score: 0

      ideas of how government should be runned.

      G.W., you are going to get in trouble if Dick finds you playing on the computer again.

      Seriously though, how did you fit so many misleading statements about Dr. Paul in one sentence? I can only assume it was done in malice.

      pull out of the UN
      The American taxpayers fund more for the United Nations than ALL of the other 177 member nations COMBINED. Yet the decisions the UN makes regularly go against all of our recommendations. What would any right minded individual do if the charity that they are the largest benefactor for was doing things they didnt like, and strictly forbid?

      constitutionally protected women's right to choose
      Which article of the constitution was that again? I forgot.

      remove public education
      Almost right, but you missed the KEY point. You mentioned the constitution before, so let's stick with that. Where in the constitution does it provide ANY type of federal oversight or governance for education? I going to have to say nowhere. He doesnt want to remove public education, smart-guy, he wants to rightfully turn it back over to the states.
    8. Re:Ron Paul won't allow warentless wiretapping by Aaron+England · · Score: 1

      Are you sure you know where Paul derives his ethics from? Here's what Paul wrote about on the alleged "secular left's war on christmas". As for your arguments about public vs. private education, we really could go back and forth on that discussion all day. But what the discussion will eventually boil down to is that I believe every child deserves a fair chance of moving up the social ladder and public education gives him that chance. A child wouldn't have the same right to an education like he currently enjoys if the DOE was eradicated.

    9. Re:Ron Paul won't allow warentless wiretapping by The+Analog+Kid · · Score: 1

      Alright I will succeed you Paul's view on abortion, but as President he can't outlaw it anyway.

      Every child does deserve the chance, but if they don't act on it, why should I feel sorry for them? Today's school systems just rubber stamps a kid to the next grade without learning anything. Failure is indeed a viable option for today's students.

    10. Re:Ron Paul won't allow warentless wiretapping by Sergeant+Pepper · · Score: 2, Informative

      Last time I checked a woman's right to choose was protected by a Supreme Court decision, not the Constitution. Whether or not one supports abortion is another matter, but lets be clear on that. Last time I checked the Supreme Court interprets the Constitution, that is to say, tells us what it says. Whether or not one supports it is another matter, but lets be clear on that.
    11. Re:Ron Paul won't allow warentless wiretapping by Aaron+England · · Score: 1

      "While I don't favor this, you would be hard pressed to argue that the UN has had a very productive impact in most of the activities they have undertaken. And even when their stuff has worked, it has usually been with the US doing most of the legwork. The UN is mainly an organization that allows its members to say they support international partnerships, while performing relatively few useful functions of its own." How much have you really studied the UN to be qualified to make such a judgment? I don't want to come off as snobbish but I've found that people who say such things have done very little actual academic research in this field of study. Here I'll rip off some of the basic arguments for why international government organizations (IGOs) such as the UN can be forces of good from my International Relations 101 textbook (International Politics on the World Stage). These are just the claims of the arguments, if you want to read the reasoning behind them you can find the textbook in any college library. The UN creates and fosters norms against violence. Provides a debate alternative towards violence. Intervenes diplomatically to assist and encourage countries to settle their disputes peacefully. Promotes arms control and disarmament (IAEA). Provides peacekeeping forces. Promotes economic development (UNDP, World Bank, IMF, etc). Advocates human rights (UDOHR of 1948). Advances international law and norms. Advocate for the environment. Encourages independence. "Last time I checked a woman's right to choose was protected by a Supreme Court decision, not the Constitution. Whether or not one supports abortion is another matter, but lets be clear on that." I want you to follow me here. A document is meaningless unless it is interpreted. The Supreme Court is the final authority on who can interpret the constitution. The Supreme Court has decided that the 4th amendment of the constitution protects a woman's right to choose. "Not a bad idea considering the Constitution provides no basis for the federal government to be involved in education, and our schools are failing anyway. Plus, our students did better comparatively against other nations before the US Dept of Education was instituted." I bet those other nations that you are comparing the US to also have public education.

    12. Re:Ron Paul won't allow warentless wiretapping by Sergeant+Pepper · · Score: 2, Informative

      The American taxpayers fund more for the United Nations than ALL of the other 177 member nations COMBINED. No, they don't. The UN receives 22% of its funds from the USA and 20% from Japan.

      Which article of the constitution was that again? The 14th.
    13. Re:Ron Paul won't allow warentless wiretapping by zzatz · · Score: 1

      The UN has stamped out smallpox. The WHO is part of the UN.

      Made any international phone calls? The International Telecommunications Union is a UN agency.

      Like any large organization, there are parts that work well and parts that work poorly. If the US were to withdraw from the UN, you can be sure that the working parts would work less well or stop working at all. The parts that don't work, the mismanagement, the corruption, would go on with even less oversight.

    14. Re:Ron Paul won't allow warentless wiretapping by Anonymous Coward · · Score: 0

      True, power of the states. But what happens to the education when you have assholes right and left trying to force their garbage religion down the throats of students in science? Unfortunately a few states have allowed their board of educations to get away with this crap, much to my chagrin. But I hope if that happens that the whole 'religion and state' section is upheld and the stupid crap is thrown away like it rightly deserves to be.

    15. Re:Ron Paul won't allow warentless wiretapping by ravenspear · · Score: 1

      And the court can and has changed its opinion on things in the past. IMO saying "Constitutionally protected X" implies there is something in the Constitution regarding X, as in Constitutionally protected free speech.

    16. Re:Ron Paul won't allow warentless wiretapping by alphasubzero949 · · Score: 1

      This is modded insightful?

      I don't know whether you're trying to troll or are simply misinformed. RP's 'insane' ideas boils down to states' rights. For instance, don't you believe that schools are better managed locally than the likes of No Child Left Behind? Or would you rather have a one-size-fits-all approach to everything? Given how diverse this nation is, good luck with that one.

      Then again, considering what has happened to our nation in the last seven years, maybe returning the federal government back to its proper role would be an 'insane' idea to those who have slept through their U.S. History classes.

    17. Re:Ron Paul won't allow warentless wiretapping by Aaron+England · · Score: 1

      But if Ron Paul is such a large supporter of the constitution, then why does he want to betray that constitution with removing a woman's right to chose? Correct me if I'm wrong but the 10th amendment only defers to states in cases where the constitution doesn't have something to say about it.

    18. Re:Ron Paul won't allow warentless wiretapping by Lokni · · Score: 2, Insightful

      And that is the one big problem I have with Ron Paul. The huge gigantic glaring hypocrisy when he calls for a restoration of privacy rights in this country under the 4th ammendment and yet still wants to prevent women from having an abortion. Sorry, if he is as principled as he likes to hang himself out as he would be for abortions as well. But no, he still wants the government to dictate what the woman can do with her own body. How you can be against the drug war and for abortion is beyond me as they are one in the same: government regulation of what you do with your body in the privacy of your own home or in the doctor's office.

      Ron Paul is a hippocrite. Yes not nearly as big as some other politicians, but a hippocrite none the less. If Paul fixed this one single thing I believe that he would win this election as A LOT of people on the left cite his abortion stance, and the hippocrisy that comes with it, as the main reason they will not support him.

    19. Re:Ron Paul won't allow warentless wiretapping by thirty-seven · · Score: 1

      Additionally, the UN hasn't created world peace, but it has surely helped to prevent another World War -- which was the primary purpose of its creation. (To be fair, the EU and its precursor organizations, and cold war policies of MAD had a lot to do with preventing another world war, too.)

      --

      Atheism is a religion to the same extent that not collecting stamps is a hobby.

    20. Re:Ron Paul won't allow warentless wiretapping by TheSkyIsPurple · · Score: 1

      >The 14th

      How does that grant or deny a woman the ability to kill her unborn child?

      The kid is neither born nor naturalized yet, so isn't really covered by that.
      The question is whether the kid is a person to be protected.

      Ron thinks so, many people do not.

      Guess what? That's one of the benefits of states. The harder a question is, the more local it should be.

    21. Re:Ron Paul won't allow warentless wiretapping by civilizedINTENSITY · · Score: 1

      So you literally want to "throw the baby out with the bathwater"? My god, I had no idea Ron Paul was so radically destructive of primary institutions and infrastructure. I find this position indefensible in any possible sort of pragmatic, real world sense.

    22. Re:Ron Paul won't allow warentless wiretapping by DreamingReal · · Score: 1
      Last time I checked a woman's right to choose was protected by a Supreme Court decision, not the Constitution.

      WRONG. You need to check again.

      According to the Roe decision, most laws against abortion in the United States violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment.


      http://en.wikipedia.org/wiki/Roe_V._Wade

      --
      We want some answers and all that we get
      Some kind of shit about a terrorist threat

      - Ministry
    23. Re:Ron Paul won't allow warentless wiretapping by TheSkyIsPurple · · Score: 3, Interesting

      >wants to pull out of the UN,
      Something many Americans actually want as well, and many more couldn't be bothered with one way or the other.

      >remove the constitutionally protected women's right to choose,
      Wow, inflammatory much?

      He wants to remove the Federal influence on this because the constitutionality is highly debated.
      The tricker the question, the more local it should be.
      That's part of the founding principles

      >remove public education

      No, he doesn't mind public education, in fact I suspect he supports it.
      He just sees no place for the Fed in it under our constitution.
      It's a State deal, and there is should lie.

      >but there more important issues out there which Paul loses most voters including this one on.
      Just make sure you're arguing the same thing.

    24. Re:Ron Paul won't allow warentless wiretapping by civilizedINTENSITY · · Score: 1

      Yes, and the supreme court interprets what freedom of speech *means*. Laws mean nothing until they are *used* and precedents are set. Case law *is* law, because specifics are the limiting cases which define the reach of what are otherwise legislative abstract expressions.

    25. Re:Ron Paul won't allow warentless wiretapping by civilizedINTENSITY · · Score: 1

      ideas of how government should be runned.
      G.W., you are going to get in trouble if Dick finds you playing on the computer again.
      Come on, that was *funny*!
    26. Re:Ron Paul won't allow warentless wiretapping by SonicSpike · · Score: 1

      You have that wrong. He voted AGAINST regulating the Internet.

      --
      Libertas in infinitum
    27. Re:Ron Paul won't allow warentless wiretapping by level_headed_midwest · · Score: 2, Informative

      The federal government provides very little funding for public schools. The district I attended got well under 10% of its funding from the federal government- almost all of funding was local or state. Abolishing the federal Department of Education would do little more than have the states and local municipalities be completely in control of their school districts that they almost completely pay for anyway. The students would probably not even notice and the teachers wouldn't either, perhaps with the exception of fewer weeks spent taking achievement tests.

      --
      Just "gittin-r-done," day after day.
    28. Re:Ron Paul won't allow warentless wiretapping by SonicSpike · · Score: 1

      A non-interventionalist foreign policy is indeed feasible and in fact it's the admonition the Founders gave us:

      "Trade with all; entangling alliances with none"

      --
      Libertas in infinitum
    29. Re:Ron Paul won't allow warentless wiretapping by Sergeant+Pepper · · Score: 1

      How does that grant or deny a woman the ability to kill her unborn child? Due process.
    30. Re:Ron Paul won't allow warentless wiretapping by SonicSpike · · Score: 4, Interesting

      Ron Paul does not want to "prevent women from having an abortion" as you have said.

      He wants Roe v Wade overturned so that individual states can make their own decisions.

      Have you ever even read any of his papers on abortion (by the way, he was an OB/GYN for years delivering over 4000 babies)

      Either you are misinformed or intellectually dishonest. In case it is the later,

      See this:
      http://ronpaullibrary.org/topic.php?id=21

      --
      Libertas in infinitum
    31. Re:Ron Paul won't allow warentless wiretapping by SonicSpike · · Score: 1

      That is the fundamental problem with government education. When the govenrment is involved in education the government will teach it's agenda to your kids. This is why government should NOT be involved in education on any level. If you want your kid to get a secular education then you can send them to a secular school. If you want your kid to get a Christian education then you can send them to a Christian school. If you want your kid to get an Islamic education then you can send them to an Islamic school etc...

      Either way, the best thing would be to have a separation of education and state!

      --
      Libertas in infinitum
    32. Re:Ron Paul won't allow warentless wiretapping by Lokni · · Score: 1

      Thank you Sonic. It would be misinformed. I still see a problem with that though as it would indicate that in some states the woman would have a right to privacy and in some she wouldn't. Thats not right. I do agree 100% with a return to state's rights, but Roe Vs Wade was decided correctly. Just like courtrooms should not have the Ten Commandments in them as a matter of 1st ammendment protections nationwide, a woman's right to privacy regarding what she does with her body falls under the 4th ammendment nationwide. It is not a state's rights issue, it is a Constitutional issue.

    33. Re:Ron Paul won't allow warentless wiretapping by civilizedINTENSITY · · Score: 1

      Specifically, "constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment".

    34. Re:Ron Paul won't allow warentless wiretapping by Nancy9 · · Score: 1

      What on earth are you talking about? Paul doesn't want to end public education. The federal Dept. of Education is not who provides public education. Rather, they are the big government agency who forces on states, programs like No Child Left Behind, Outcome-Based Education and the like. They do that by essentially blackmailing states by not allowing us to get our own money back to educate our children, unless we follow their dictates. Is this what you think is a good plan?

    35. Re:Ron Paul won't allow warentless wiretapping by mOdQuArK! · · Score: 2, Interesting

      If you'd done any research on his positions at all(it's all over the web), you'd have read that he bumps any abortion-decisions off to the states - as is consistent with his its-none-of-the-federal-government's-business position.

      There is no denying that he has a firm anti-abortion personal opinion, but when it gets down to the legislation, he has been pretty darn consistent about trying to push everything down to state-level decisions.

      If you're going to criticize stuff about him, please research (and report back) on his opinions on the separation between church & state. Evangelicals have been giving me a serious case of the political heebie-jeebies for years, and the thought of those irrational numbskulls gloating over being able to plaster religious mumbo-jumbo all over government offices & in schools puts me on edge.

    36. Re:Ron Paul won't allow warentless wiretapping by mOdQuArK! · · Score: 1

      I think there's a good for-the-general-good argument to be made for decent, solid, consistent education for all members of the society - but I don't think the current state of the U.S. educational system is making that argument very well.

      In support of the U.S. educational system, it has done pretty well for quite a few generations of citizens, but it seems to be having more problems than usual lately, it doesn't seem to be coping with those problems well, and there seems to be quite a bit of resistance to the experimentation necessary to find new ways of educating that might provide a path to fix those problems.

    37. Re:Ron Paul won't allow warentless wiretapping by sgt$st0n3 · · Score: 1

      An expectation of privacy is a very new concept in terms of human civilization. Should not all red-light runners be recorded and ticketed? Yes. Should not all shoplifters be recorded and prosecuted? Yes. Should we have a reasonable (even verifiable) expectation that our phone conversations are not eavesdropped upon? Absolutely yes. Shrinkage, vehicle accidents undeniably cost us all. Massive databases containing our conversations that are cross-referenced with our health and shopping preferences to be analyzed against us will cost us all more than we can even yet understand. All Democratic candidates but Bill Richardson are cur dogs and the Right has the whip. Bill is the candidate. Rationality should prevail, not rationalizations or lowered expectations. Here's an example I found by googling "bill richardson" "bill of rights", my apologies to Ken Camp http://www.theleftcoaster.com/archives/011374.php/ S

    38. Re:Ron Paul won't allow warentless wiretapping by SonicSpike · · Score: 1

      The problem is that American education is centralized in Washington, DC.

      Fundamentally I don't think government should be involved in education at all, but legally the federal government has ZERO authority to get involved in education.

      The reason education in this country has gone down hill is largely due in part to the fact that much control has been removed from local school systems and placed in the hands of the federal government often hundreds if not thousands of miles away.

      I would agree with Dr. Ron Paul in the fact that at least we should get the federal government out of education and let the States handle it which is what the Constitution says. That at least would be a step in the right direction and return local control and accountability. It's much easier to hold your local government accountable for their actions than it is the federal government.

      --
      Libertas in infinitum
    39. Re:Ron Paul won't allow warentless wiretapping by Mr.+Arbusto · · Score: 1

      Grandparent: remove the constitutionally protected women's right to choose
      Parent: Yes Paul wants to make abortion illegal, not because God said so though, because he thinks it's ethically wrong. That argument is much more reasonable to me, than using a book that doesn't even say abortion as a basis.

      The Grandparent is for killing people. Why is it illegal to kill a 1 year old because they're crying but not a viable baby still in the womb? Why isn't putting a child down because of a chickenpox a choice between me and my doctor? The real question is how to you view the rights as an individual. Just because the individual is still tethered to a mother, does that mean we shouldn't protect them? At the very least the child is a ward of the state. When does the constitution apply people? When they leave the mother? When their heart beats? When synapsis fire? Where in the constitution is "for the continued progress of these United States, in order to provide freedom for women, pregnant woman may consult, in private with her doctor, to remove a viable tissue mass for any reason deemed fit by the woman.?" I simply don't understand.

      This wiretaping bill is also silly, and Senator Dodd is usually all about the removal of liberties, but this particular move is good.

      PS I'm not for Ron Paul, his foreign policy would drive us to Pre-WWII days.....which if you didn't notice, led to WWII.

    40. Re:Ron Paul won't allow warentless wiretapping by TheSkyIsPurple · · Score: 2, Insightful

      But that would still be predicated on a fetus being a "person", which is hotly debated.
      There are many definitions of personhood that a fetus fails, as well as many which it will pass.

      It isn't as clear a topic as many folks represent it to be, which is a good reason to keep regulations regarding it down at the state level... Part of the functions of a state is to be "experiments" in law for the rest... each can try their own ideas out, and every one can see how things work out.

    41. Re:Ron Paul won't allow warentless wiretapping by Anonymous Coward · · Score: 1, Interesting

      RP sent all of his children through public schools. He doesn't want to get rid of public education, he wants to get rid of the unconstitutional federal DOE setup in the 1980s and return control to local government.

    42. Re:Ron Paul won't allow warentless wiretapping by Anonymous Coward · · Score: 0

      remove the constitutionally protected women's right to choose

      Is he going to remove the unicorn from the endangered species list, too?

      Because that claim would make about as much sense.
    43. Re:Ron Paul won't allow warentless wiretapping by Ihlosi · · Score: 1
      When the govenrment is involved in education the government will teach it's agenda to your kids.



      Not in a system where teachers are government officials that cannot be fired except for truly outstanding circumstances (no, "not teaching the current governments agenda" doesn't count here).

    44. Re:Ron Paul won't allow warentless wiretapping by evilviper · · Score: 1

      you would be hard pressed to argue that the UN has had a very productive impact in most of the activities they have undertaken.

      Actually, you'd be hard pressed to argue the opposite.

      Just going down the list of major US wars since the formation of the UN:

      Korea - UN backed
      Vietnam - Not UN backed
      Desert Storm - UN backed
      Kosovo - UN backed
      Afganistan - NATO backed
      Iraqi Freedom - Not UN backed

      The message seems pretty clearly that the UN has quite a positive impact, even where the US is providing the vast majority of force and resources.

      And as for the rest of the world, since the formation of the UN there haven't been any more world wars, Western Europe has been unbelievably stable, etc. The UN does innumerable other things as well. Now, you could easily argue that the UN isn't mostly responsible for that, but they most certainly partially are.

      Last time I checked a woman's right to choose was protected by a Supreme Court decision, not the Constitution.

      The Supreme court can't overturn federal laws unless they find it is directly in violation of the intended meaning of the constitution, so it has to be in there somewhere, and it'll take an amendment to change it.

      and our schools are failing anyway. Plus, our students did better comparatively against other nations before the US Dept of Education was instituted.

      K-12 schools may not be doing as well as they once were, but that's most definitely not the fault of the federal government in any way. And just because the few private schools can find ways to cut corners and get good numbers doesn't mean they would actually be a better, or even as good of a replacement when forced to include the rest of the population who couldn't normally afford it, and might not be as interested in being educated. There is a lot of self-selection there.

      And K-12 isn't all there is to public education. Few people complain about the education offered by publicly supported Universities, yet they would necessarily be cut as well.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    45. Re:Ron Paul won't allow warentless wiretapping by Anonymous Coward · · Score: 1, Informative

      Yes, and in this case "regulating the internet" == "net neutrality". He voted against it. "The Market" can't "sort it out" when competition doesn't exist. Regulation is necessary. Internet backbones have no competition, local internet options have little to no competition; cable monopoly vs phone monopoly, and if you're lucky a few dsl providers that the phone company undercuts and only allows to exist due to regulation (and they get cut off when fiber gets rolled out).

      Net neutrality is not something that's optional if the internet is to continue to be anything more than a glorified TV. It's a requirement. No net neutrality == no internet freedom.

      Saying net neutrality is "regulating the internet" is propaganda.

    46. Re:Ron Paul won't allow warentless wiretapping by Aaron+England · · Score: 1
      I have researched Ron Paul. Have you?


      Here is what Ron Paul wrote on the "secular left's war on religion".

      As for Ron Paul's position on abortion, the federal government does have a right to step in IF it is a constitutional matter and the Supreme Court has dictated that it is a constitutional matter based of their reading of the constitution. The bill of rights exists so that minority rights can't be stripped even at the state level.

    47. Re:Ron Paul won't allow warentless wiretapping by civilizedINTENSITY · · Score: 1

      You misunderstand. Its predicated upon the *woman* being a person. This was hotly debated, yes, but that was awhile ago. They get to vote now, and everything.

    48. Re:Ron Paul won't allow warentless wiretapping by Copid · · Score: 1

      This is why government should NOT be involved in education on any level. If you want your kid to get a secular education then you can send them to a secular school. If you want your kid to get a Christian education then you can send them to a Christian school. If you want your kid to get an Islamic education then you can send them to an Islamic school etc...
      And if your parents can't afford to send you to school, well...you should have thought of that before you were born into a poor family, shouldn't you?
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    49. Re:Ron Paul won't allow warentless wiretapping by nuzak · · Score: 1

      Last time I checked, the Supreme Court was the absolute ultimate political appointee. In fact, as ideologies go, getting your guy elected president is pretty much for the purpose at giving him a shot to appoint some supreme court justices.

      Clarence Thomas once went an entire session without saying a single word in oral arguments.

      --
      Done with slashdot, done with nerds, getting a life.
    50. Re:Ron Paul won't allow warentless wiretapping by Anonymous Coward · · Score: 0

      Take a look at the intelligence budget sometime. Assuming the CIA and friends haven't been gutted in the last decade, they spend $30 billion dollars, each year, on intervening in the affairs of foreign countries. That's not going to go away, even if the president really, REALLY wants it. Ron Paul knows this.

      By the way, if you go around quoting 200-year-dead people to support the _feasibility_ of current political positions, someone smarter than you is eventually going to get pissed enough to skullfuck you. It's unpleasant; you should try to avoid it.

    51. Re:Ron Paul won't allow warentless wiretapping by Jaysyn · · Score: 1

      "PS I'm not for Ron Paul, his foreign policy would drive us to Pre-WWII days.....which if you didn't notice, led to WWII."

      Yes, cause as everyone knows, the US singlehandedly put Hitler & Mussolini in power & created Imperial Japan.

      --
      There is a war going on for your mind.
    52. Re:Ron Paul won't allow warentless wiretapping by The+Analog+Kid · · Score: 1

      Like I said, why should I care if the student doesn't care. It's one thing if the student needs extra help to do better, and cares about his or her education, but if the student sits in the back of the classroom and does absolutely nothing, and doesn't give two shits about school, why should I feel bad for this person?

    53. Re:Ron Paul won't allow warentless wiretapping by mOdQuArK! · · Score: 2, Interesting

      Yes, I've read that blurb (and others) - and noted that he isn't actually advocating legislation to force Christianity upon the public, only that there NOT be legislation which stops anyone from pursuing their own religious agendas. As much as I dislike blind religious faith, this is entirely consistent with his other stances on the Constitution.

      As far as abortion is concerned, again, although I dislike his personal opinions, his Constitutional stances are still consistent. There's enough controversy about the way that Roe v Wade decision stretched the bounds of the privacy Amendment that (given the new makeup of the Supreme Court) that his state-rights interpretation of the abortion issue might get traction there.

      At that point, depending on how repressive various states become, there might be a lot of young women who will realise how much they were taking for granted by not becoming involved in the political process to protect their own right of choice. Either way, it's a conclusion that should be coming from the grass-roots up, not imposed from the topdown.

      OTOH, if another case goes through the Supreme Court, and they make another Roe v Wade decision again, I'm pretty sure he'll abide by it due to his respect for the system (unlike people like Bush & Co).

    54. Re:Ron Paul won't allow warentless wiretapping by TheSkyIsPurple · · Score: 1

      > You misunderstand. Its predicated upon the *woman* being a person

      No, I don't. There is no question of her being a person.

      From the Amendment: "nor shall any State deprive any person of life, liberty, or property, without due process of law"

      If the fetus is a "person", then you have conflicting personal interests.
      Mom's right to life, liberty, and property.
      Fetus's right to life at that moment.
      Does mom's constitutional right to property and liberty override fetus's right to life? Do we equate the importance of life and property?

      Mom has a chance at due process, but arguably the fetus does not.
      That is unless you allow mom to answer on its behalf, in which case, why would or wouldn't you factor other restrictions that are in place... ie, a Mom can't just decide their 13 year should be killed because they're too expensive... Is there a difference between life at 2nd trimester and life at 31st trimester?
      If mom was raped, should abortion be legal? If separated-Dad drops a kid of at Mom's and disappears, can mom just kick the kid out or does she have to provide? (while tracking that jerk down)

      If the fetus is not a person, then things get much simpler legally... but that is an extremely distasteful statement to most people. Some can shrug that off, some get bogged down with it. Some thoughtfully come up with a consistent answer...

      It's just not simple.

    55. Re:Ron Paul won't allow warentless wiretapping by dwpro · · Score: 1

      You obviously have not done much research on the man to make blanket statements like that, because he wouldn't "runned" the government that way. He's can't (and wouldn't) "do away" with public education. He has said that on many of his more radical stances that he would do no harm, but would like to decrease the federal government's role in such programs. Read up, you might find you just don't get it, like you didn't get it here. Do some homework, and don't regurgitate ridiculous statements, like "constitutionally protected women's right to choose", as you should well know it is a very complicated subject.

      --
      Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
    56. Re:Ron Paul won't allow warentless wiretapping by civilizedINTENSITY · · Score: 1

      You say "if" as though it were a fact not sufficiently recognized. I'd suggest that "extremely distasteful statement to some people", or perhaps "extremely distasteful statement to most of my people", is more correct. However, if you could establish your "if", I think most people would see this differently. Yet most don't, and the onus is on you.

    57. Re:Ron Paul won't allow warentless wiretapping by SonicSpike · · Score: 1

      You have valid points, but the underlying truth is that many telcos are government granted monopolies!

      Again, it's a problem the government created and continues to perpetuate.

      Getting more government involvement into the market is a bad thing but so is standing by and letting the current level of government involvement remain the status quo.

      The best thing is to not regulate the market and also not to give subsidies, corporate welfare, and/or government protected monopolies.

      As Ron Paul says "in Washington things either get taxed/prohibited or subsidized - this needs to change"

      --
      Libertas in infinitum
    58. Re:Ron Paul won't allow warentless wiretapping by SonicSpike · · Score: 1

      Your parents WOULD be able to afford to send you to school because ideally their taxes would be lower. Also since there would be competition in education you could shop around for a less expensive school if you wanted to.

      --
      Libertas in infinitum
    59. Re:Ron Paul won't allow warentless wiretapping by mdozturk · · Score: 1

      Lower my income tax and I will donate the difference (if not more) to the needy and the most qualified in my area so that they can go to whichever school they choose.

    60. Re:Ron Paul won't allow warentless wiretapping by Sergeant+Pepper · · Score: 1

      If the fetus is not a person, then things get much simpler legally... but that is an extremely distasteful statement to most people I don't think that "most" means what you think it does. Generally, it refers to the group as a whole and not the group that you were familiar with. If you had said "most of the people I know," I would not argue, but saying "most people" is definitely false when 61% of the nation supports abortion.
    61. Re:Ron Paul won't allow warentless wiretapping by GerberBaby16 · · Score: 1


      "Not a bad idea considering the Constitution provides no basis for the federal government to be involved in education, and our schools are failing anyway."

                Getting rid of public education is an incredibly bad idea. On a 1-10 scale with 10 being "launch all of our nuclear arsenal at ourselves", it's a 9.7. I can't believe that there are actually people stupid enough to even suggest such an amazingly, incredibly stupid and self-destructive idea. Oh yeah, libertarians....I keep forgetting about them.

    62. Re:Ron Paul won't allow warentless wiretapping by Mr.+Arbusto · · Score: 1

      Allow me to clarify.

      "PS I'm not for Ron Paul, his foreign policy style would drive us to Pre-WWII days.....which if you didn't notice, led to WWII."

      His policy is the same as the US, Britain, France, Austria, Belgium, etc, post WWI. Isolationism is silly and ignores the overriding issue of another stated goal of "My way or death" will eventually bleed over into your borders and making deals of concession with threats leads to "Peace in our time." He would also lobby to stop ALL foreign aid, which would piss off the world more than sending our army around to kill people and break things.

    63. Re:Ron Paul won't allow warentless wiretapping by Darby · · Score: 1

      Why is it illegal to kill a 1 year old because they're crying but not a viable baby still in the womb?

      Because there isn't a damn thing in this world that gives you the right to hold a gun to person's head and demand that they bear a child for your fucking whims?

      Forcing unwanted children into this world is entirely inconsistent with a free society. If you want a harem of brood mares, move to Saudi Arabia with the rest of the scum who want to live in that sort of society.

      The real question is how to you view the rights as an individual. Just because the individual is still tethered to a mother, does that mean we shouldn't protect them?

      If they're "tethered" to the mother, then they are not an individual they're a parasite plain and simple.

      This is the land of the free and the home of the brave. It ain't your land and it ain't your home, Sparky. Get walking.
      If you don't like that option, then consider why you're trying to bring us down to their level.

    64. Re:Ron Paul won't allow warentless wiretapping by Darby · · Score: 1

      Yes, cause as everyone knows, the US singlehandedly put Hitler & Mussolini in power & created Imperial Japan.

      No, not singlehandedly, and not Japan, but US business interests had a *lot* to do with funding, supporting and propagandizing for them. Henry Ford, William Randolph Hearst, and Prescott Bush (grandfather of our current President) in particular were extremely helpful in their rise to power. Hell, Prescott didn't even stop arranging funding for them while we were at war with them, the treasonous scum.

      Your average American wasn't involved, but the powers that be were actively involved. Hell, Hitler credits Henry Ford with helping firm up his approach to The international Jew The World's Foremost Problem"

      So, while "America" didn't "singlehandedly" do anything of the sort, playing dumb like that serves no purpose except to hide how deeply entrenched American wealth and power was in that whole sordid affair. It also helps ignoren how we've since been driven so far along their footsteps economically since then and by whom.

    65. Re:Ron Paul won't allow warentless wiretapping by Mr.+Arbusto · · Score: 1

      Because there isn't a damn thing in this world that gives you the right to hold a gun to person's head and demand that they bear a child for your fucking whims?
      Forcing unwanted children into this world is entirely inconsistent with a free society. If you want a harem of brood mares, move to Saudi Arabia with the rest of the scum who want to live in that sort of society.

      You're equating right of a human parasite to the slavery, internment, and mistreatment of women in a Wahhabi state under Sharia law? Killing and depriving women of life and freedom has the same bounds as everyone else. You cannot deprive others of life, and that is what killing a human parasites is doing. There is no inconsistency.

      If they're "tethered" to the mother, then they are not an individual they're a parasite plain and simple.
      See above. It is the same as killing the weak, old and annoying....its just easier when they are 2 pounds instead of 100 pounds.

      This is the land of the free and the home of the brave.
      Indeed

      It ain't your land and it ain't your home, Sparky.
      Are you talking of private property or the country in general? I guess it doesn't matter.

      Get walking.
      It's good to walk.

      If you don't like that option, then consider why you're trying to bring us down to their level.
      If you've got a beef with Saudi Arabia, seek an audience with King Abdullah. Unless you're a woman, then you should be happy to live here.

    66. Re:Ron Paul won't allow warentless wiretapping by Jaysyn · · Score: 1

      "Hell, Prescott didn't even stop arranging funding for them while we were at war with them, the treasonous scum."

      Well, yes, that is pretty fucked up.

      "Hell, Hitler credits Henry Ford with helping firm..."

      As in "Hey Adolph, here's how you kill a bunch of Jews." or did Hitler simply apply an idea of Ford's to a horrible purpose?

      --
      There is a war going on for your mind.
    67. Re:Ron Paul won't allow warentless wiretapping by Darby · · Score: 1



      No, Ford helped with the "why", not the "how".

    68. Re:Ron Paul won't allow warentless wiretapping by Darby · · Score: 1


      You're equating right of a human parasite to the slavery, internment, and mistreatment of women in a Wahhabi state under Sharia law?


      Quite clearly not. That's a real stretch.
      Holding a gun to their heads and forcing them to bear children they don't want to satisfy your whims (which is what you favor) is what I'm equating.


      See above. It is the same as killing the weak, old and annoying....its just easier when they are 2 pounds instead of 100 pounds.


      Laughable. It's not at all the same since the weak, old, and annoying are independent life forms. A fetus isn't by any stretch of the imagination.

      If you've got a beef with Saudi Arabia, seek an audience with King Abdullah. Unless you're a woman, then you should be happy to live here.

      I have a beef with people like you trying to drag us down to their level, as I quite clearly stated.

    69. Re:Ron Paul won't allow warentless wiretapping by r00t · · Score: 1

      It's not "your body". It's "your child's body".

  12. Let him know how you feel by Faaln · · Score: 0, Redundant

    If you feel strongly enough about this, send him a message; let him know how you feel about it. And if you're like me, you'll let him know how much you appreciate that he has some balls. http://dodd.senate.gov/index.php?q=node/3128&cat=Opinion

    1. Re:Let him know how you feel by Themer · · Score: 2, Interesting

      Done.
      Here is my message to him.

      Even though I am not in your constituency, I felt the need to write you and tell you how proud I am of how you stood up today in congress and demanded that the telecoms be held accountable for their actions.

      I only hope to be represented by someone of your stature in my state.

  13. Watching it on CSPAN... by The+Master+Control+P · · Score: 4, Insightful

    It was quite refreshing to listen to Dodd describe in fair detail the crap that's been going on:

    The installation of systems poorly suited to specific taps but ideally suited to dragnet surveillance. In major fiber exchanges that aren't where the main foreign fiber trunks or satellite dishes are (i.e. the San Fransisco case that started it). And now we learn that Qwest balked because they wanted to put a dragnet on a switch center that handled almost entirely local traffic.

    Then Orrin "destroy their computers" Hatch started speaking. About how the American government didn't do {the bombings in Beruit, the Bali nightclub bombing, the bombings in Kenya, the London tube bombings, the Madrid train bombings, and (of course) 9/11}, the Turrists did. And I'm sitting here trying hard not to scream "And how would dragnet surveillance of domestic calls have stopped a single damn one of those things!?!?"

    1. Re:Watching it on CSPAN... by cold+fjord · · Score: 1

      The FBI keeps arresting and convicting people in this country for ties to terrorist organizations. Now, how do you suppose domestic surveillance contributes to that? Did the idea cross your mind that those arrests and convictions, not to mention the other disrupted plots, are the reason we haven't had something like the Bali bombing, or the London tube bombing, or the Madrid bombing? Of course I'm sure that you also know that the Canadian bomb plotters had connections in the US, that the US helped the Germans foil a dangerous bomb plot, and British and American surveillance helped foil a major attack? There are plenty of other cases as well.... for anyone that cares to know.

      On the Legality of the NSA Electronic Intercept Program

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    2. Re:Watching it on CSPAN... by The+Master+Control+P · · Score: 1
      From paragraph two, emphasis mine:

      For purposes of this analysis, I have assumed that the NSA intercepts electronic messages (phone calls and emails); that when the agency learns of a foreign cell phone or email address that is being used by a terrorist, it inputs that phone number or address into its surveillance system and is then able to intercept all incoming and outgoing communications; that the intent of the program is to intercept only international communications, i.e., those where at least one of the parties is located outside the United States; but on relatively rare occasions, communications between two people who are both located in the U.S. are intercepted.
      This is significantly inconsistent with what has been described by experts with decades of experience in the telecom industry. The systems which have sparked the scandals and lawsuits are built for dragnet surveillance, and were deployed to intercept largely or almost entirely domestic calls. If you take as a premise that the system was about targeted surveillance of communications with a foreign terminus, then of course it seems legal. The problem is that this premise is false with high probability, extraordinarily high probability after considering the universal law that any system which can be abused will be and the Bush administration's unprecedented corruption and contempt for the law.

      But more importantly than the true nature of the system, whatever that may be, which do you think it's for? Is it for targeted surveillance of foreign communications as Powerline assumes, or is it for domestic surveillance as your post implies that it's helped with? You can't have it both ways.

      As regards domestic surveillance, the Fourth Amendment of the Constitution is very explicit that there are no exceptions to the Fourth Amendment. If local calls are going to be monitored, there has to be a warrant signed by a judge - end of debate. If the Dept. of Justice can't get a warrant from a court that had signed 18756 out of 18761 (and partly granted 4 of the other 5) warrants as of 2004, then inductive logic implies that they have no case. Senator Dodd was absolutely correct: If we start disregarding the rule of law and our most treasured legal documents, we will have handed Osama bin Laden and the Jihadis a greater victory than they could ever have dreamed of. Nothing they can do would ever destroy America, ever. That privilege is reserved exclusively for us.
  14. Glenn Greenwald reports on Harry Reid's duplicity by Scareduck · · Score: 4, Informative

    Glenn Greenwald had a good report on this today; incredibly, only 10 senators voted against this bill. Reid allowed the bill to proceed despite Dodd's hold (the only one Reid has disallowed). You'd think Reid was bought and paid for by AT&T or something.

    --

    Dog is my co-pilot.

  15. Thank you, Sen. Dodd. by KarmaOverDogma · · Score: 1

    For standing up for our rights.

    I haven't said a thank you like that with such heartfelt gratitude to a politician in a long time.

    A ray of light in an era where the "threat of terrorism" is the darkness where our rights and freedoms are taken away one law, one amendment at a time.

    (Yes, I did call my Senator today - not him. Yes I belong to the ACLU, the EFF and MoveOn.org)

    --
    uR iGn0ranc3, Their Power
  16. Mod parent up! by godless+dave · · Score: 1

    I'm out of moderator points or I'd give you some. Why the hell is this immunity even being considered by politicians from either party?

    --
    "If it's real, then it gets more interesting the closer you examine it. If it's not real, just the opposite is true." -
    1. Re:Mod parent up! by infonography · · Score: 4, Insightful

      I'm out of moderator points or I'd give you some. Why the hell is this immunity even being considered by politicians from either party? Money
      --
      Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
    2. Re:Mod parent up! by civilizedINTENSITY · · Score: 1

      Personally, I suspect that this is just the tip of an iceberg. The telcos are asking for immunity because someone somewhere found out too much about something that was going on, and now the telcos are saying to the administration, "We played ball, but we won't take the fall...alone." So our administration is pushing for immunity, but it isn't so easy now that they don't control all three branches. I say not only should they have to face it w/o retroactive immunity, but also the hearings should be public.

    3. Re:Mod parent up! by MillionthMonkey · · Score: 5, Informative
      I'm out of moderator points or I'd give you some. Why the hell is this immunity even being considered by politicians from either party?

      For the Democrats (e.g. Dianne Feinstein who can be reached at 202-224-3841), one motive is the obvious one: telecoms contribute to campaigns.

      Much more is at stake for the Republicans, since the president broke at least several federal statutes relating to wiretapping. While this is all something that "everybody knows", that has no legal significance and no one bears any meaningful responsibility to do anything about it. But if the EFF lawsuit (among others) doesn't have its legal basis legislated right out from under it, then it will be revealed in a court of law that the president committed federal crimes. The telecom immunity legislation was designed by the executive branch to extend immunity not just to telecoms who broke these laws, but to anyone in the government who asked them to do it (PDF):

      [N]o action shall lie or be maintained in any court, and no penalty, sanction, or other form of remedy or relief shall be imposed by any court or any other body, against any person for the alleged provision to an element of the intelligence community of any information (including records or other information pertaining to a customer), facilities, or any other form of assistance, during the period of time beginning on September 11, 2001, and ending on the date that is the effective date of this Act, in connection with any alleged classified communications intelligence activity that the Attorney General or a designee of the Attorney General certifies, in a manner consistent with the protection of State secrets, is, was, would be, or would have been intended to protect the United States from a terrorist attack.
      Obviously the EFF lawsuit presents a pickle for the Republicans if it is legally shown that Bush was complicit in lawbreaking, and they don't want the lawsuit to proceed further. But this is a problem for the Democrats too. Once it becomes legally evident that Bush broke the law, it becomes incumbent upon them to do something about it, or they are breaking the law with their inaction. Everyone knows Bush is a criminal, but nobody wants to be responsible for knowing. Politics as currently practiced is a fragile thing, home to a glassy web of unspoken agreements and hard-won compromises. A development like this would come stampeding in on all that like a bull in a china shop. This telecom immunity law will make a lot of headaches go away for a lot of people- the telecoms themselves are actually minor players here.
    4. Re:Mod parent up! by cold+fjord · · Score: 0

      Just one little problem with your scenario...

      That is the current state of the law. The federal appellate courts have unanimously held that the President has the inherent constitutional authority to order warrantless searches for purposes of gathering foreign intelligence information, which includes information about terrorist threats. Furthermore, since this power is derived from Article II of the Constitution, the FISA Review Court has specifically recognized that it cannot be taken away or limited by Congressional action.

      That being the case, the NSA intercept program, which consists of warrantless electronic intercepts for purposes of foreign intelligence gathering, is legal.

      It's worth noting that all of the cases cited above involved warrantless searches inside the United States. The NSA program, in contrast, involves international communications only, and the intercepts take place at least in part, and perhaps wholly, outside the United States. Thus, the NSA case is even clearer than the cases that have already upheld Presidential power. -- On the Legality of the NSA Electronic Intercept Program


      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    5. Re:Mod parent up! by cold+fjord · · Score: 3, Funny


      Try this instead of money: Punishing companies for assisting the President acting within the scope of his Article II powers to protect the lives of Americans from terrorist attacks is bad policy and stupid politics.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    6. Re:Mod parent up! by infonography · · Score: 3, Insightful

      Try this instead of money: Punishing companies for assisting the President acting within the scope of his Article II powers to protect the lives of Americans from terrorist attacks is bad policy and stupid politics. Nope, it's Money. Just because some rightwing blog says its so don't make it so. If you don't like our laws, leave.
      --
      Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
    7. Re:Mod parent up! by squiggleslash · · Score: 1

      Nope. Money is a means to an end, it is not an end in itself, especially in politics.

      Try this: Next time a Democratic President wants the telcos to do something blatantly illegal, do you think AT&T and Verizon will comply if:

      1. Last time it happened, they got away with it, and Qwest was (allegedly) punished for not co-operating?

      2. Last time it happened, they were snowed under with legitimate lawsuits and Qwest, after initially (allegedly) being punished for having no part in it, subsequently cleaned up by being able to compete without being snowed under with the lawsuits?

      If (1), the answer is "Hell yes". If (2), expect a more complex answer.

      If you're a politician, do you reward those who comply with people who are in a position you want to be in some day, or do you punish them?

      --
      You are not alone. This is not normal. None of this is normal.
    8. Re:Mod parent up! by Anonymous Coward · · Score: 0

      unfortunately for you, the 4th amendment trumps 'implied powers a right wing blog cooked up'.

    9. Re:Mod parent up! by The+One+and+Only · · Score: 1

      Does Article II also empower the president to waterboard me, hook fake electrodes to my balls, or tase me? Or does it simply extend to listening to me having phone sex with my girlfriend while she's overseas?

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    10. Re:Mod parent up! by MillionthMonkey · · Score: 1

      The federal appellate courts have unanimously held that the President has the inherent constitutional authority to order warrantless searches for purposes of gathering foreign intelligence information, which includes information about terrorist threats. Furthermore, since this power is derived from Article II of the Constitution, the FISA Review Court has specifically recognized that it cannot be taken away or limited by Congressional action.

      That power would have given him authority to direct the NSA and other federal intelligence agencies to carry out warrantless searches, but he could not legally extend that authority to private entities such as AT&T, Verizon, and Qwest. At the time, acceding to his demands were illegal acts on the part of the telecoms, and his demanding that they do so was also illegal. If they weren't breaking the law then we wouldn't be talking about this stupid immunity bill at all.

    11. Re:Mod parent up! by jdjbuffalo · · Score: 2, Insightful

      One point is that the Supreme Court has not ruled on the Warrantless Wiretapping program.

      Second point, I don't see how this falls under Article II of the Constitution unless you are saying that it's part of the Presidents war powers. If it is part of his war powers then we actually need a declaration of war. This crap that has been pulled the last 60 years of getting us into "conflicts that aren't wars" is bullshit and an end run around the Constitution.

      Last point, while I don't like the idea of wiretapping other people outside of the US (where all parties are outside the US). I don't see anyway for us to stop it Constitutionally, so it would be allowed. //Btw, I didn't read your link because I couldn't get to it through the corporate firewall here.

      --
      We have four boxes with which to defend our freedom: the soap box, the ballot box, the jury box, and the cartridge box.
    12. Re:Mod parent up! by moeinvt · · Score: 1

      That just gave me an idea. If the President used his powers to obtain personal data on millions of Americans from the telecom companies, couldn't he be sued for tortious interference of contract?

      http://en.wikipedia.org/wiki/Tortious_interference

      i.e. he knowingly interfered in a contractual obligation between the telecom companies and their customers with the intent of having one party in the relationship breach the contractual obligation. Maybe the class action lawsuits should be focused in that direction as well.

    13. Re:Mod parent up! by Sloppy · · Score: 1

      That being the case, the NSA intercept program, which consists of warrantless electronic intercepts for purposes of foreign intelligence gathering, is legal.

      The problem is that we don't have any evidence that even suggests that it was for purposes of foreign intelligence. The tap had just as much access to domestic packets as foreign ones. And by keeping it out of the courts, the evidence (or lack thereof) can never come to light.

      Courts can figure out if this power was used in accordance with Article II. This immunity nonsense is all about asserting the legality on the basis of "trust us" without any check. This is not how things are normally done in America, or at least it's not how they used to be done.

      The NSA program, in contrast, involves international communications only
      Read the second paragraph of the article you linked to. The author explicitly states that he assumes that! There is no publicly-available (or court-reviewed!) information that corroborates that assumption.

      If it's legal, there's no reason to grant immunity. The courts can figure this out. We don't need Congress to interfere with this.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    14. Re:Mod parent up! by joeljkp · · Score: 1

      While we're on the topic, why don't we expect politicians to abstain from votes involving those who have given money? Is that not a conflict of interest? Why do we expect judges to do this, but not representatives?

      --
      WeRelate.org - wiki-based genealogy
  17. who knows by rastoboy29 · · Score: 1

    Maybe it could become popular to do what the people want done, in Congress.

  18. THANK YOU Senator Dodd by hackysak · · Score: 0

    For being the ONLY Democratic Presidential candidate to take the time to show up in Washington to stop this insanity (or at least give more time to get RID of the retroactive immunity for the telcos who broke laws when spying on US citizens).. I'm not sure what they rest of the Dems are smoking but a whole HECK of a lot f the voted YES to pass this bill.

  19. Immunity is illegal anyway by Dracos · · Score: 4, Insightful

    In the Constitution, See Article I, Section 9, paragraph 3:

    No Bill of Attainder or ex post facto Law shall be passed.

    Which means no retroactive anything is legal. I'm amazed that the media continues to overlook this critical bit.

    On second thought, no I'm not. There can be no compromise on this. The telcos colluded with Bushco to perform illegal acts, and granting them immunity after the fact is not allowed.

    1. Re:Immunity is illegal anyway by Anonymous Coward · · Score: 0

      Since when did that matter? Unconstitutional things can get passed and then not be challenged in court for a long time, especially if it benefits the people in power. For obvious proof, just look at the Federal Reserve Act.

      http://video.google.com/videoplay?docid=5232639329002339531

    2. Re:Immunity is illegal anyway by rpillala · · Score: 2, Informative

      The telecoms and their advocates in Congress like Jay Rockefeller (D-WV) and apparently Harry Reid (D-NV) argue that they're not changing anything from illegal to legal, rather they're filling a legal vacuum and the telecoms benefit as a result. How convenient and timely. Also as I understand the term, ex post facto usually refers to laws that make something newly illegal, subjecting people who had committed no crime to criminal penalties.

      The most egregious senatorial hijinks of this affair has been Reid's ignoring Dodd's "hold" on the bill. He doesn't ignore holds on bills requested by republicans, but someone from his own party can't expect to have his honored. Glenn Greenwald at Salon has been documenting this case for a while. That link goes to today's installment, but when the hold was first requested weeks (months?) ago, Greenwald had that story too.

      --
      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
    3. Re:Immunity is illegal anyway by Ethanol-fueled · · Score: 1

      After all of the shamed telcos are strung up at the gallows, all cases and convictions which relied on the illegally gathered evidence should be thrown out.

    4. Re:Immunity is illegal anyway by sanjosanjo · · Score: 2, Informative

      IANAL, or constitutional authority, but I seem to remember from school that an Ex Post Facto law is one that makes some illegal retroactively. This is not the case here. This is a forgiveness of an illegal act, in the same vein as a presidential pardon perhaps. Not that I agree with this in any sense. I fully support Senator Dodd.

    5. Re:Immunity is illegal anyway by ZOmegaZ · · Score: 1

      Can't Bush issue a presidential pardon? But then I suppose that would be admitting it was illegal in the first place.

    6. Re:Immunity is illegal anyway by worthawholebean · · Score: 5, Informative

      No - ex post facto applies to criminal law, not civil law. Here are the four types of laws considered "ex post facto" in the U.S., established in Calder v. Bull:

      "1st. Every law that makes an action , done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
      2nd. Every law that aggravates a crime, or makes it greater than it was, when committed.
      3rd. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed.
      4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender."

      Ex post facto laws are only those which punish people who were formerly innocent - not the other way around.

      Disclaimer: IANAL

    7. Re:Immunity is illegal anyway by Anonymous Coward · · Score: 0

      To answer your question the reason the retroactive clause doesn't apply is because the legal penalty against the defendants decrease rather than increase.

      Now that I've answered your question perhaps someone can help me understand why effectivly bypassing judicial review of possibly unconstititional actions are not contrary to separation of powers?

    8. Re:Immunity is illegal anyway by Curien · · Score: 1

      The bill would shield them from *civil* liability only. That clause doesn't apply.

      --
      It's always a long day... 86400 doesn't fit into a short.
    9. Re:Immunity is illegal anyway by Torvaun · · Score: 1

      Ex post facto doesn't matter any more. Look at the Sex Offender Registry, and tell me that it doesn't constitute an additional punishment. Of course, a vote against the unconstitutional Sex Offender Registry is a vote for pedophilia, so it's here to stay.

      --
      I see your informative link, and raise you a pithy comment.
    10. Re:Immunity is illegal anyway by SpaceLifeForm · · Score: 1
      Link

      Ex Post Facto Laws

      Definition .--At the time the Constitution was adopted, many persons understood the term ex post facto laws to "embrace all retrospective laws, or laws governing or controlling past transactions, whether ... of a civil or a criminal nature." But in the early case of Calder v. Bull, the Supreme Court decided that the phrase, as used in the Constitution, applied only to penal and criminal statutes. But although it is inapplicable to retroactive legislation of any other kind, the constitutional prohibition may not be evaded by giving a civil form to a measure that is essentially criminal.

      In this case, where the bush administration wants to give immunity to the telcos, the Ex Post Facto ruling does not apply anyway.

      First, no one is talking about making a greater penalty that could be applied to the telcos, they are talking about a lessor penalty.

      Second, even though SCOTUS ruled that it does not apply to civil violations, the fact of the matter is, that these illegal acts committed by the telcos at the behest of the NSA, are actually criminal in nature if allowed. They are treasonous and/or economic espionage, which are criminal acts.

      Here is the problem with giving the immunity: Once that precedent is set, then it will lead to pure fascism, for the darkside would be able to use that precedent to absolve *ANY* corporation of wrongdoing.

      Blackwater, no penalty for murder. Haliburton, no audit of their books. The list goes on and on.

      The greed and depravity of the darkside has *no* bounds. They lie, cheat, and steal every waking moment. Their brain is so corrupted, they see no evil.

      In their mind, laws are meant to be broken.

      If the telcos are given immunity, all corporations will be able to lie, cheat, steal, and destory the planet with impunity.

      This is why 9-11 happened, to scare everyone into giving this immunity to the fascist corporations.

      There are no terrorists except the fascists within the government.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    11. Re:Immunity is illegal anyway by worthawholebean · · Score: 1

      9/11 was intended to cause terror. No more, no less. It was a conspiracy of a bunch of men who decided they didn't like America. They flew a couple of planes into places. Honestly, do you think the U.S. government, incompetent as it is, could have kept something like that so secret?

    12. Re:Immunity is illegal anyway by civilizedINTENSITY · · Score: 1
      It shields against more than just civil liability:

      No action shall lie or be maintained in any court, and no penalty, sanction, or other form of remedy or relief shall be imposed by any court or any other body, against any person for the alleged provision to an element of the intelligence community of any information (including records or other information pertaining to a customer), facilities, or any other form of assistance, during the period of time beginning on September 11, 2001, and ending on the date that is the effective date of this Act, in connection with any alleged classified communications intelligence activity that the Attorney General or a designee of the Attorney General certifies, in a manner consistent with the protection of State secrets, is, was, would be, or would have been intended to protect the United States from a terrorist attack.
    13. Re:Immunity is illegal anyway by Curien · · Score: 1

      No, it doesn't. Nice bold words there, but you ignored the important ones. "Relief" and "action" only apply to civil proceedings. "Remedy" may apply to either, but given that it is embedded in a sentence with two civil-only words, the author's intent is clear.

      --
      It's always a long day... 86400 doesn't fit into a short.
    14. Re:Immunity is illegal anyway by civilizedINTENSITY · · Score: 1

      You skipped the start: "No action shall lie or be maintained in any court...", which is not "No civil action shall lie or be maintained in any civil court...".

    15. Re:Immunity is illegal anyway by NiceGeek · · Score: 1

      "9/11 was intended to cause terror."

      And by golly it worked. Our government made sure of it.

    16. Re:Immunity is illegal anyway by Curien · · Score: 1

      A criminal proceeding is NOT an action. And your point is silly; I just told you that "action" and "civil action" mean exactly the same thing.

      Consider: "No apples shall be given to any children."
      It's perfectly fine to give Billy an orange.

      Since criminal proceedings are not actions, the telcos could still be charged. (They won't, for two reasons, but this bill isn't one of them.) You may want this bill to ban criminal charges (or not, I don't know). But what you want doesn't matter; only what it SAYS matters.

      --
      It's always a long day... 86400 doesn't fit into a short.
    17. Re:Immunity is illegal anyway by civilizedINTENSITY · · Score: 1
      IANAL, but "criminal actionable offense" is certainly a phrase in use. Likewise, websters thinks that action means

      1: the initiating of a proceeding in a court of justice by which one demands or enforces one's right; also : the proceeding itself
      law.com states:

      legal action,
      n. any lawsuit, petition or prosecution.
      legal-dictionary secton of the thefreedictionary says:

      prosecute v.
      2) to conduct any legal action by a lawyer on behalf of a client, including both civil and criminal cases, but most commonly referring to prosecution for crimes.

      So it would seem that when told, "No fruit shall be given to any children" you can't really say, "But I gave Billy an orange, not an apple."

      Procescuting a crime is an action, and no action (including procescution) in any court (including criminal) is allowed against any person, including Cheney as well as the telcos. I'd suggest that it certainly looks like it covers a lot more than you suggest. But of course, IANAL.
    18. Re:Immunity is illegal anyway by Curien · · Score: 1

      The legal-dictionary section of thefreedictionary has the following definition for "action":
          "action n. a lawsuit in which one party (or parties) sues another. (See: cause of action, lawsuit)"

      There is no other sense listed. It was my initial source for the legal definition of "action".

      --
      It's always a long day... 86400 doesn't fit into a short.
    19. Re:Immunity is illegal anyway by motomike · · Score: 1

      Well, just to be a nitpicker: In general, "ex post facto" simply refers to changing any of the rules of the game after the action (the facto, if you will) has occurred. However, in constitutional law, you are correct: the narrower definition applies.

    20. Re:Immunity is illegal anyway by civilizedINTENSITY · · Score: 1

      What would seem to be simple words... This is why lawyers drive such nice cars :-)

    21. Re:Immunity is illegal anyway by Maxwell'sSilverLART · · Score: 1

      3rd. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. Like, for example, the Lautenburg Amendment?

      --
      Moderate drunk! It's more fun that way!
  20. Contact Dodd by Anonymous Coward · · Score: 0

    For those wanting to voice their support you can contact Dodd here

  21. Reid is a tool by Scudsucker · · Score: 2, Interesting

    Dodd put a hold on this bill; under Senate traditions that should have killed it. And under Harry Reid's turn as majority leader, that's still the case...if you're a Republican. Lindsey Graham placed a hold on a bill to prevent the CIA from using torture. Or when Tom Coburn placed a hold on a nondiscrimination bill. But when a Democrat wants to place a hold on a bill to protect our rights, he is simply ignored.

  22. nitpick by Scudsucker · · Score: 2, Informative

    the 10 votes were against cloture, not against the bill itself. But it's still bad - some Dems try the cop out of voting for cloture but then voting against the bill/nominee.

    1. Re:nitpick by littlerubberfeet · · Score: 1

      Yeah, that is one of my senators (Mr. Webb-D-VA). I'm gonna give him hell for it tomorrow. The staffers need to know that we aren't stupid. We know that cloture is as important as the bill itself. Some of us learned parliamentary procedure in high school government.

      --
      Sig (appended to the end of comments you post, 120 chars)
    2. Re:nitpick by Scudsucker · · Score: 1

      Webb? I was more pissed at him than anyone else when the Dems first caved on FISA this summer. I was actually in DC at the time and wanted to go to his office, demand he return my campaign contribution and resign for violating every oath of office he ever took (protect the Constitution). But they all went home for vacation quick as a wink.

  23. Standard Political Tactics by Anonymous Coward · · Score: 0

    Reid postponed it to after January so that the Democrats can get their primaries over without being attacked as being "soft on terror". That way, Hillary and Obama and co. don't have to go on record as going against the bill. This undermines Dodd's position, so come January, Dodd might have a harder time finding supporters.

  24. philistines threaten to stall planet/population... by Anonymous Coward · · Score: 0

    rescue. remember, evile never sleeps, & it's running more scared now than ever in yOUR history, because of all the awareness of its' life0cidal intentions.

    in the end game, the creators will prevail (world without end, etc...), as it has always been. the process of gaining yOUR release from the hostage situation may not be what you might think it is. butt of course, most of US don't know, or care what a precarious/fatal situation we're in.

    some 'races' we'll wish we lost;

    for example; the insidious attempts by the felonious corepirate nazi execrable to block the suns' light, interfering with a requirement (sunlight) for us to stay healthy/alive. it's likely not good for yOUR health/memories 'else they'd be bragging about it?

    we're intending for the nazis to give up/fail even further, in attempting to control the 'weather'.

    http://video.google.com/videosearch?hl=en&q=video+cloud+spraying

    meanwhile, the life0cidal philistines continues on their path of death, debt, & disruption for most of US;

    gov. bush denies health care for the little ones

    http://www.cnn.com/2007/POLITICS/10/03/bush.veto/index.html

    whilst demanding/extorting billions to paint more targets on the bigger kids

    http://www.cnn.com/2007/POLITICS/12/12/bush.war.funding/index.html

    all is not lost/forgotten/forgiven

    whilst (yOUR elected) president al gore (deciding not to wait for the much anticipated 'lonesome al answers yOUR questions' interview here on /.) continues to attempt to shed some light on yOUR foibles;

    http://www.timesonline.co.uk/tol/news/environment/article3046116.ece

    still making his views known worldwide, whilst many of US keep yOUR heads firmly lodged up yOUR infactdead.asp(s) hoping (against overwhelming information to the contrary) that the party LIEn scriptdead pr ?firm? fairytail hypenosys scenario will never end.

    for each of the creators' innocents harmed in any way, there is a debt that must/will be repaid by you/us, as the perpetrators/minions of unprecedented evile, will not be available after the big flash occurs.

    'vote' with (what's left in) yOUR wallet. help bring an end to unprecedented evile's manifestation through yOUR owned felonious corepirate nazi glowbull warmongering execrable.

    consult with/trust in yOUR creators. providing more than enough of everything for everyone (without any distracting/spiritdead personal gain motives), whilst badtolling unprecedented evile, using an unlimited supply of newclear power, since/until forever. see you there?

  25. The US a Republic and a Democracy by Anonymous Coward · · Score: 0

    To be clear, the US isn't a Democracy. It's a Republic.

    Not again! Why does this inane crap get modded insightful? Democracy is that system of government where the People (however that is defined from time to time) are periodically consulted as to whether an incumbent government should be removed from office or not. Most republics are in fact democracies. There is simply no use case for the word 'democracy' to mean a system where the people vote on each piece of legislation - it has never existed, and hopefully it never will. The only sense in which the US is not a democracy is that it is the manufacturers of voting machines rather than the People who are being consulted.

    1. Re:The US a Republic and a Democracy by Anonymous Coward · · Score: 0
    2. Re:The US a Republic and a Democracy by 91degrees · · Score: 1

      You think you have trouble? Try living in a constitutional monarchy. There's no way that will fit in easily with the Civilization model of political systems!

    3. Re:The US a Republic and a Democracy by erroneus · · Score: 1

      It's true that the meaning of words change over time. And it's true that there is a bit more 'democracy' at city and state levels in the U.S. But as far as the U.S. at the federal level, simply being able to vote for whoever the two-party, revolving-door, oligopoly is offering is so far removed from being anything like a democracy by any definition it's beyond funny and has become disgusting. "The people" vote the leaders in... (ignoring rampant attempts and evidence of voter fraud) and the business elites write the laws especially of late. "The people" have little to no option when it comes to changing bad law... we pray to the courts for relief sometimes... and sometimes bad law actually is reversed (think alcohol prohibition) but only after it becomes a huge and unquestionable disaster.

      The will of the people does not rule the U.S. If it did, we would never have invaded Iraq. The will of the people did match the attack and invasion of Afghanistan, but I don't think the will of the people really understand or support the root cause of the majority of the trouble in the middle-east -- the US support of the artificially sustained country of Israel. It's not "our business" and has caused much in the way of trouble from its beginning to the present and into our future. It is certainly not the will of "the people."

    4. Re:The US a Republic and a Democracy by Anonymous Coward · · Score: 0

      You think you have trouble? Try living in a constitutional monarchy.

      I do.

      There's no way that will fit in easily with the Civilization model of political systems!

      :)

  26. not exactly a good record by r00t · · Score: 4, Insightful

    Let's see...

    He seems to like the Thought Crime concept. Rather than merely punishing people for bad actions, he supports the idea that we should try to guess if a criminal might hate his victim. Extra years in prison for Thought Crime makes sense to him.

    He's OK with the government taking people's legally owned firearms during an emergency or major disaster. (as in Katrina... where the cops were followed by thugs preying on the now-unarmed residents) Got a disaster? Time to steal from the people!

    He somehow thinks that firearm suppliers should be held liable for the actions of firearm users. If this seems sane to you, consider applying it to computers or vehicles. (on the plus side, that kind of liability would put Microsoft out of business and solve all our traffic problems)

    He likes the PATRIOT act. Oh dear...

    He's a CAN SPAM kind of guy.

    He's OK with shovelling money to sugarcane growers.

    1. Re:not exactly a good record by palegray.net · · Score: 4, Insightful

      Your post is exactly the reason I like to encourage people to look at the whole spectrum of a politician's activities, instead of focusing on a hot special interest issue. A lot of Slashdotters spend a lot of time complaining that special interests in Washington control everything, but are quick to support a politician on the merits of a single day's "work."

      Thank you for your post; it's just what I'd hoped for in a reply.

    2. Re:not exactly a good record by MillionthMonkey · · Score: 1

      I don't like most of this stuff, but Dodd is still getting a check for $100 from me, and I'm going to make it very clear to him that he got it for this filibuster.

      I'll send $100 to that fascist bastard Lieberman if he filibusters against telecom immunity.

    3. Re:not exactly a good record by RyuuzakiTetsuya · · Score: 1

      Hate crimes legislation is not thought crime legislation. Hate crimes involves doing something actually harmful to someone just because they're not in your favorite and it's dead easy to prove because most people who engage in such acts are usually incredibly stupid and are willing to brag about killing .

      --
      Non impediti ratione cogitationus.
    4. Re:not exactly a good record by Chibi+Merrow · · Score: 4, Insightful

      Why should someone be punished any less for killing someone they love rather than someone they hate?

      Hate crime legislation is thought crime legislation. What matters is you denying someone their rights, not your reasoning for doing it.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    5. Re:not exactly a good record by crashfrog · · Score: 4, Insightful

      Hate crime legislation is thought crime legislation.

      No, it's not. It's the recognition that the harm caused by burning a cross on a black family's lawn (for instance) is a whole lot more harmful to the victims than, say, burning some garbage out back behind your neighbor's house.

      Criminals should be punished commensurate with the severity of the harm they've caused their victims. Clearly that's an indisputable goal of the justice system. Things that fall under the level of "hate crime" represent acts that harm their victims far, far more than the basic act (just burning something on somebody else's property) might suggest.

      Hate crime legislation doesn't have anything to do with thought. It has everything to do with action. It's the actions that are being punished commensurate with the harm they caused. Completely consistent with the aims of the justice system.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    6. Re:not exactly a good record by Anonymous Coward · · Score: 1, Insightful

      He seems to like the Thought Crime concept. Rather than merely punishing people for bad actions, he supports the idea that we should try to guess if a criminal might hate his victim. Extra years in prison for Thought Crime makes sense to him.

      Sounds dystopian until you realize that very basic parts of the law already hinge on being able to determine the perpetrators state of mind/intentionality. Think of 1st, 2nd, 3rd degree murder, manslaughter. Or should we merge and treat all classes of homicide the same way since otherwise we're punishing thought crime?

      The technical term is mens rea.

    7. Re:not exactly a good record by Chibi+Merrow · · Score: 1

      No, it's not. It's the recognition that the harm caused by burning a cross on a black family's lawn (for instance) is a whole lot more harmful to the victims than, say, burning some garbage out back behind your neighbor's house.
      I'm sorry, but in what way is it "a whole lot more harmful"? It's wrong and despicable, but I don't see how it's obviously "a whole lot more harmful". Is it more harmful to burn a cross on a black family's lawn than an asian family's lawn or a white family's lawn? The only way to claim it is somehow more harmful is by trying to get into the motivation of the act, ie: what the person who is doing it is thinking.

      Criminals should be punished commensurate with the severity of the harm they've caused their victims. Clearly that's an indisputable goal of the justice system.
      Except you're arguing that someone who kills someone they love should be punished less than if they killed someone they despised. Both victims are equally dead, the difference is the motivation you attach to the killer's actions.

      Things that fall under the level of "hate crime" represent acts that harm their victims far, far more than the basic act (just burning something on somebody else's property) might suggest.
      I'm sorry, but if you're dead you're dead. Regardless of why someone killed you. The fact that they killed you because you're gay/black/martian doesn't make you any more dead than the guy who was killed over $0.30. Also, things that fall under the the banner of "hate crime" are whatever the news media and/or an over-zealous prosecutor decides is such. And the way they decide such things is by claiming the accused was motivated by hate. Again, I ask, why should a person who killed someone on a whim be punished less than someone who killed because of someone's religious beliefs.

      Hate crime legislation doesn't have anything to do with thought.
      It has everything to do with thought. You're wanting to punish people differently based on the reasoning behind the crime, not the crime itself.

      It's the actions that are being punished commensurate with the harm they caused.
      Harm caused has no relation to why it was caused. If your home is firebombed, if you're beaten/stabbed/murdered, if your daughter is raped, WHY these acts were committed against you does not vary the amount of harm.

      Completely consistent with the aims of the justice system.
      The aims of the justice system is equal justice, which is not consistent with legislation that treats different groups unequally. A black man beaten by another black man does not deserve less justice than a black man beaten by a white man.
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    8. Re:not exactly a good record by Batmensch · · Score: 1

      If you think that the "thought" involved is not involved in the justice system then you don't understand it. Motivation is always a factor in crime.

      Burning a cross on a black family's lawn is a much nastier crime than burning some garbage behind an asian family's house. If you can't see that, you really have some learning to do about society. I'm sorry, but I don't think it can be explained to you.

    9. Re:not exactly a good record by Bradykinetic · · Score: 1
      The purpose of a hate crime is to send a message of fear to the victim's community.

      So, by definition, a hate crime is terrorism. Therefore, aren't those who commit hate crimes in fact terrorists?

    10. Re:not exactly a good record by ywl · · Score: 2, Insightful

      Hate crime doesn't mean additional penalty for hating their victims. You don't usually commit crime on people unless you hate them, do you? Hate crime means crime being motivated by racial, national and religion bias (for now in the US). Amendment to expand the same law to gender, sexual orientation and disability has not been passed yet.

      The motivation and circumstances of a crime has always been factors in criminal justice. A planned killing will be first-degree murder but doing so in self-defense is not usually considered a crime, even though the victim is dead in both cases.

      You can argue that being "race-motivated" or "religion-motivated" are not important factors to warrant special considerations in the US... but you were not doing that. Justification for harsher punishments for hate-crimes is because they inflict greater personal and societal harm.

      Hate crime is not a thought crime. It has nothing against the freedom of speech. Even the US Supreme Court has decided. Yes, it means you're free to believe that all Blue Martians are idiots or to claim that in your blog, as long as you don't go out and beat Blue Martians up out of such belief. Inciting violence against Blue Martians in your blog would be different - go ask a real lawyer.

      It's not that hard to understand, isn't it?

      No, I'm not a lawyer. I just spent ten minutes reading the Wikipedia.

    11. Re:not exactly a good record by Arancaytar · · Score: 5, Insightful

      We have had motivation as an essential factor in a crime for as long as law exists. It is called mens rea. If you run someone over because it's dark and you didn't see them, your punishment will not be the same as it would be if you run them over because you wanted to kill them.

      Mens rea is a "guilty mind". Yes, this means every crime committed consists both of a thought crime and a criminal act. The concept of thought crime in this context makes very good sense. The context in which it is not tolerable is when thought crime is punishable on its own, without a criminal act.

    12. Re:not exactly a good record by ppanon · · Score: 1

      There's also the factor that someone who was willing to commit a crime against someone because the victim belonged to a particular ethno/religious/sexual affiliation is at a bigger risk to re-offend against someone else in a violent manner. Hate often leads to escalating violence. Random violence against members of a group is a lot harder to track back to the offender than targeted violence against those with past associations.

      If some guy murders his wife then, when he gets out after doing his time, hopefully most women would know better than to get involved with him. Similarly with entering into business deals with people convicted of fraud or embezzling. But if somebody likes to bloody their baseball bats by hunting homosexuals in parks and late at night, or drag black people in chains behind their pickup trucks, then everybody in those groups is at greater mortal risk performing everyday activities. That makes those criminals a greater risk to the public than some guy who accidentally kills somebody with a bad punch in a drunken bar fight; they've shown a willingness to attack people randomly.

      Seriously, hate crimes are a form of terrorism; they just tend to be more individually focused instead of mass marketed. Hate crimes (including shootings and bombings against abortion clinics/doctors) certainly qualify for the term terrorism better than so-called eco-terrorists, "animal rescuers", and similar extremists, though I abhor the latter as well.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    13. Re:not exactly a good record by Anonymous Coward · · Score: 0

      This isn't thought crime, and what you call "thought crime" already exists, anyway. Suppose I get into a brawl with a guy and hit him over the head, not with the intention of killing him but still deliberately, and he dies as a result. Also suppose that you get into a fight with another guy, part ways with him again after exchanging some blows, then secretly follow him around for a month to learn his routine and finally shoot him with a sniper's rifle on his way to work.

      Do you think we'd get the same sentence? Most likely not; what you'd have done would be more severe than what I'd have done. And I fail to see why that's a bad thing, too, although exactly the same reasoning could be applied here: we both killed a guy, after all, and the only difference was in our heads.

      FWIW, you could even include an accidental death in there, too. After all, if I involuntarily kill someone, they're still dead, right? It doesn't matter whether I didn't want to - that's all just in my head. It'd be thought crime if you took that into account. Right?

    14. Re:not exactly a good record by MartinB · · Score: 1

      He somehow thinks that firearm suppliers should be held liable for the actions of firearm users. If this seems sane to you, consider applying it to computers or vehicles. (on the plus side, that kind of liability would put Microsoft out of business and solve all our traffic problems)
      The difference being: if harm is caused where the product users use the product for designed purpose, in the designed manner. (See also tobacco companies, incidentally)

      This would quite happily make arms companies liable for anti-personnel weaponry used by the non-military without touching the legitimate activities of the hunting population (unless they're using AK47s with CopKilla(tm) bullets).

      --

      The only thing you can accurately describe as "Scotch" is a sticky tape made by 3M. And it's

    15. Re:not exactly a good record by mqduck · · Score: 1

      Why should someone be punished any less for killing someone they love rather than someone they hate?

      Hate crime legislation is thought crime legislation. What matters is you denying someone their rights, not your reasoning for doing it. If punishment exists to "give someone what they deserve", then you're absolutely right as long as the intent wasn't to send a message to a certain minority or such.

      But I think retribution is a rather ugly thing, and I don't support it in the least, under any circumstances. On the contrary, I think the purpose of punishment is to prevent future crimes, to lesson the overall number of victims in this society. If you deem it necessary to protect African Americans from the terror and discrimination that still exists in, at least, many parts of this country (and it is necessary), then, as far as punishment goes (that is, not counting other methods), you need to increase the penalty on the type of crimes who's ending you with to prioritize.

      Whether or not it's effective is certainly a legitimate question. But my point is that there's nothing fundamentally wrong with "hate crime" laws, unless we are to accept a rather barbaric idea of the purpose of punishment.
      --
      Property is theft.
    16. Re:not exactly a good record by TheVelvetFlamebait · · Score: 1

      What about murder and manslaughter? Are you against the distinction? What about breaking and entering without actually breaking anything (i.e. picking the lock and entering a home)? Should that be punishable? How about possessing credit card numbers that don't belong to you? They haven't actually stolen anything, they're just thinking about stealing some money off them.

      The fact is that thought is often taken into account in law, and for a very good reason. The thought component (the premeditation, the overt acts, etc) are a good indication that they disregard the law, and that because of that, they may well do the same crime (or even another one) again. Why not punish them that extra bit more? It'll keep 'em off the street for longer. And if they do it again, well, hopefully they'll be tried as a repeat offender.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    17. Re:not exactly a good record by Anonymous Coward · · Score: 0

      Yes, but there is a big difference in the FACTS (as in your example) and the OPINIONS (often the case in a hate crime). In your example, it was dark and your vision impaired because of this. It was a FACT that it was dark. It is hard to dispute this fact because everyone can look to see when the crime was committed, see when the sun went down, and they can even show it was cloudy that day, or rainy or whatever else.

      The problem with proving a "hate crime" is that you have to show that there was some additional malice related to the individual's race. There are states where the penalty for murder is GREATER if you commit the crime "out of hate". So now, instead of simply charging you with murder, we want to charge you with murder as a racist, sexist, or some other bigot. The point that this whole thread is trying to make is that DEAD is DEAD. MURDER is MURDER. To treat the crime any different because of the perceived action of the defendant is WRONG. It should make no difference whether person X killed person Y and that person Y happened to be of a different race that person X did not like. Why should there be "more justice" for person Y, then say person Z that X might have killed who was the same race?

      Remember, it is supposed to be fair and equal treatment, not special treatment.

    18. Re:not exactly a good record by vdorie · · Score: 1

      This would be true if a hate crime ended at the victim and family, as do most random malicious acts. Unfortunately, hate crimes contribute to systems of intolerance and reinforce social conflict. These crimes aren't just assaults on individuals, but instead on the entire communities they represent. As such, it is in society's best interest to nip these in the bud. While we haven't yet figured out what causes psychosis or violent behavior (c.f. the debate over video games), history has well demonstrated the consequences of intolerance.

    19. Re:not exactly a good record by hey! · · Score: 4, Insightful

      Hate crimes are misnamed. The salient point isn't hate. The salient point is intimidation, not just of the victim, but every member of the group he belongs to.

      The racist who assaults an individual black person isn't just indulging in his personal depravity; he's sending a message to every black that while the law may say they can live, work or go to school wherever you like, he is going to make sure you stay where he thinks you belong.

      The bigot who kills a gay person isn't just acting on his hatred of that individual. He's telling all gay people that they'd better keep their relationships secret.

      A hate crime is an ordinary crime that is committed in a way calculated to undermine society's liberty and democracy. It is everything the basic crime is, plus an attempt by the criminal to impose his personal political, racial, or religious views on others through intimidation. What we call a "hate crime" would more accurately be called terrorism: terrorism for impulsive and poorly organized people. If you and your buddy are having a couple beers and decide to go out and torch the local synagogue, that's what we call a "hate crime". If you're more organized, if you write down a list of synagogues, visit the locations and make notes of when people are using the building and what kinds of security measures they have, then we call that "terrorism".

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    20. Re:not exactly a good record by Notquitecajun · · Score: 1

      No thanks. I like my SKS, and my brother likes his AK47. And "CopKilla" bullets are a political invention. ANY bullet fired by a rifle (other than say, a .22) will pierce body armor. Put the onus of misuse of guns on the criminals, and keep your hands off of the guns of the law abiding - even if the purpose of the weapon is to kill.

    21. Re:not exactly a good record by Anonymous Coward · · Score: 0

      Rather than merely punishing people for bad actions, he supports the idea that we should try to guess if a criminal might hate his victim. Extra years in prison for Thought Crime makes sense to him.

      I still think we need a zeroth-degree murder charge for any premeditated murder with the expressed intent of harming any group of people (by any, I mean any not some race or sex or whatever).

    22. Re:not exactly a good record by Sczi · · Score: 1

      To treat the crime any different because of the perceived action of the defendant is WRONG. It should make no difference whether person X killed person Y and that person Y happened to be of a different race that person X did not like. Why should there be "more justice" for person Y, then say person Z that X might have killed who was the same race?

      That's exactly the point, and it's exactly wrong. You're found guilty or not based on the evidence, but you're sentenced based on a lot of factors, and it does not seem like stretch to me to factor in whether or not you currently harbor blind, murderous hate for arbitrary groups of people. The group issue raises another point in that one side of the penal system is to protect the public. If you still have it in your heart to kill lots of people, that's a continuing threat, and I, for one, would like to see Teebo and Bubba broaden your anu^H^H^Hhorizons.

    23. Re:not exactly a good record by IndustrialComplex · · Score: 1

      I suppose it would depend on how it was carried out. And how it was 'advertised'

      A crime committed because you hate someone may not be terrorism.

      A crime committed with the intent to show that you commit such crimes because you hate someone/group is terrorism.

      Finding a dead body in an alley bludgeoned to death is a vicious horrible murder. A dead body in an alley under a sign "death to all 'insert race here'" is terrorism.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    24. Re:not exactly a good record by djasbestos · · Score: 1

      He's OK with the government taking people's legally owned firearms during an emergency or major disaster. (as in Katrina... where the cops were followed by thugs preying on the now-unarmed residents) Got a disaster? Time to steal from the people!
      After Katrina, some cops = thugs...there were some blocking a bridge that literally opened fire on people who were trying to leave. The police can kindly fuck off if they have any inkling of taking my means of life preservation in a disaster: food, water, guns & ammo, fuel, etc. Fortunately, I don't see my county's sheriff condoning such activities.

      I instantly decided I would never vote for Dodd after the YouTube debates. And despite his actions with telecom immunity, it doesn't clear him from his other views. Perhaps it's a bit cynical, but I think this is more for publicity than for scruples. But on the other hand, at least he is not a wimp like the D leadership right now...I'm still angry about the "mandate for change" being unactuated. It's like everyone in congress is either spineless, mindless, and/or heartless!
    25. Re:not exactly a good record by squiggleslash · · Score: 1

      I'm sorry, but in what way is it "a whole lot more harmful"? It's wrong and despicable, but I don't see how it's obviously "a whole lot more harmful". Is it more harmful to burn a cross on a black family's lawn than an asian family's lawn or a white family's lawn?

      You know, you might want to read what he said. He was comparing burning a cross on a black family's lawn to burning garbage on anybody's lawn.

      One, the former, is an act of intimidation. It's designed to send a message to the victim (indeed, it has a real human victim) ensuring they're aware that violent people do not like them. The other is a trivial act of arson.

      To say both should be punished equally is to ignore the very different nature of the crimes and what's intended by them.

      Similarly, a murder of someone who just happens to be homosexual is not the same thing as a homophobic murder of someone because they're homosexual. One is an isolated case, the other is not merely a crime against the victim, but also an act of intimidation against an entire group of people. The latter has more victims, not just the person killed, but also the people who now live in fear.

      In general, we treat acts of intimidation and threats of violence as beyond the pale and in most jurisdictions we punish people for them. You appear to be saying that acts of intimidation and threats of violence are ok and should be ignored as long as they're combined with - that is, a part of - some other punishable violent act. Dodd, and the rest of us, don't share your view on that.

      --
      You are not alone. This is not normal. None of this is normal.
    26. Re:not exactly a good record by LHorstman · · Score: 1

      You're comparing apples to oranges. Burning a giant cross and burning garbage are two separate things. Your argument falls to pieces when proper comparisons are made. Is burning a cross on a black families lawn nastier than burning a cross on an Asian families lawn? Is burning garbage behind an Asian families house worse than burning garbage behind a white families house?

      So yes, burning a cross on someones lawn should hold different penalties than burning trash in someone else's back yard, but regardless of the race involved. In instances like this, "thought", should not be involved, just the act. Penalties should be the same for white on white, white on black, black on white, etc.

    27. Re:not exactly a good record by encoderer · · Score: 1

      > "Hate crime doesn't mean additional penalty for hating their victims. You don't usually commit crime on people unless you hate them, do you?"
      1. Hate crimes often DO carry additional penalties over their "non-hate" counterparts. That's the POINT of the legislation.
      2. And yes, there are a lot of reasons to commit a crime that don't involve hating the victim. Fear, Lust, Greed, and Stupidity are just a few of MANY reasons.

      > "Justification for harsher punishments for hate-crimes is because they inflict greater personal and societal harm"
      Is that a fact? Using what means has this been proven?

      Allow me to paraphrase Bobby Kennedy. He was giving a speech in the Indianapolis ghetto the night that MLK was assassinated. He said something along the lines of "It looks now like the killer was a white man. I know how upset you must be and how outraged you are at white people for this crime. I understand because I had a member of my family killed, and he was killed by a white man."

      If a white man murders my (white) mother, I'll grieve. If a man of any other race were to murder her, I'd grieve in equal measure.

      > "You can argue that being "race-motivated" or "religion-motivated" are not important factors to warrant special considerations in the US" ... "Hate crime is not a thought crime."
      The problem is this.. if I kill somebody opposite my race, it doesn't necessarily have anything to do with hate. But how can I prove that? Even if i'm a known racist, a trillion other circumstances could exist. But, defacto, it would look like a hate crime, so therefore it is a hate crime. And there I would be, getting additional punishment, because of an invented explanation of why i did it.

      We already have laws against murder, rape, theft, etc, we don't need to amplify the sentencing just because a person has a derogatory view of a given race, religion, etc.

      > "Even the US Supreme Court has decided." Oh, Well, that settles it. If the SUPREME COURT decided it, then it's just fine and dandy. After all, without the infinite wisdom of the Supreme Court, we'd be stuck with, say, Al Gore in the White House and we'd probably have a crappy economy and a failing foreign policy because of it. And without the Supreme Court, law abiding citizens wouldn't be able to carry around assault weapons. And without the Supreme Court, the government couldn't keep us safe by helpfully listening in on our conversations. After all, the Supreme Court isn't politicized one bit, is it?

      At the end of the day, what good does hate crime legislation do? All it means is that a racist might spend 20 years in jail for the same exact crime that a non-racist would only spend 15 years in for. So, when it comes down to that, he's spending 5 years in jail just for being a racist. And HOW is that not "thought crime?"

    28. Re:not exactly a good record by encoderer · · Score: 1

      [this is an excerpt from a post I made further up the thread...]
      The problem is this.. if I kill somebody opposite my race, it doesn't necessarily have anything to do with hate. But how can I prove that? Even if i'm a known racist, a trillion other circumstances could exist. But, defacto, it would look like a hate crime, so therefore it is a hate crime. And there I would be, getting additional punishment, because of an invented explanation of why i did it.

    29. Re:not exactly a good record by LHorstman · · Score: 1

      Motivation should not be part of the sentencing for a crime though. Intention yes, "Did he intend to run over the pedestrian?" Not "He intended to run over the pedestrian BECAUSE the pedestrian was a different race". Yes, if you ran someone over by accident you should get a different sentence than if you ran someone over on purpose. Your sentence should be even worse if it was premeditated, planned and schemed as opposed to an act of momentary emotion, a crime of passion. That is where motivation should come in. I should get the same sentence for planning and killing someone my significant other is cheating with as you would get for planning and killing someone because of their race. One reason is not better than another to explain why the crime was committed, so one should not get off easier than the other.

    30. Re:not exactly a good record by uselessengineer · · Score: 1
      The racist who assaults an individual black person isn't just indulging in his personal depravity; he's sending a message to every black that while the law may say they can live, work or go to school wherever you like, he is going to make sure you stay where he thinks you belong.

      What happened to the good old times when a guy who assaults a guy can just ASSAULT a guy? Why is it if i am white, the victim has to be white in order for me to assault him, but if he is Asian, Black, Gay, etc then it is now escalated to a hate crime? Sometimes it is not about race!

      For that matter, affirmative action is bad. If there is a white guy and a black guy who are equally qualified for a job, then you hire the black guy for FEAR that you will be seen as racist or FEAR of a lawsuit. Why can we not have a society where every man is equal and every assault is equally bad?

    31. Re:not exactly a good record by crashfrog · · Score: 1

      Your argument falls to pieces when proper comparisons are made. Is burning a cross on a black families lawn nastier than burning a cross on an Asian families lawn?

      Yes, because of the harm it does to the victims. The black family - indeed, their whole community - is more harmed by the burning cross than the asian family would be (although I think the asian family might be pretty freaked, too.)

      It doesn't have anything to do with the criminals thoughts, it has everything to do with the amount of harm his actions caused his victim. Not a generic victim, but his actual victim. The fact that a burning cross on a white family's law might not be as big a deal is irrelevant if it was a black family's lawn where he burned the cross.

      Criminals should be punished commensurate with the harm their actions cause. The fact that you can imagine the same act causing less harm if some other victim were substituted isn't a defense. It's like defending yourself at a murder trial by saying "sure, I shot that guy in the face; but I shouldn't be punished for it because if the victim had been a midget, instead, the bullet would have passed harmlessly overhead. It's his fault for being so tall."

      It doesn't make any sense. There's no provision in criminal law that I'm aware of for "affirmative defense by substitution of hypothetical victim who would have been harmed less by the same action."

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    32. Re:not exactly a good record by crashfrog · · Score: 1

      Burning a giant cross and burning garbage are two separate things.

      Not at the rate I go through disposable giant crosses, actually.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    33. Re:not exactly a good record by LHorstman · · Score: 1

      Criminals should be punished commensurate with the harm their actions cause. The fact that you can imagine the same act causing less harm if some other victim were substituted isn't a defense. It's like defending yourself at a murder trial by saying "sure, I shot that guy in the face; but I shouldn't be punished for it because if the victim had been a midget, instead, the bullet would have passed harmlessly overhead. It's his fault for being so tall."

      It doesn't make any sense. There's no provision in criminal law that I'm aware of for "affirmative defense by substitution of hypothetical victim who would have been harmed less by the same action."


      You're right it doesn't make any sense, because thats not what I'm advocating. The crime of burning a cross on someones yard should be punished the same regardless of race, religion, sexuality, ect. If it can be proven that the crime terrorized the community then separate terrorism charges should be leveled against the offender, in addition to the original charges. The original offense of burning the cross should be treated the same regardless of race though. To treat it in any other way is racism in itself and is just plain wrong in my mind.

    34. Re:not exactly a good record by KDR_11k · · Score: 1

      By that logic Mens Rea is thoughtcrime legislation. The defining trait of thoughtcrime was that it was thought without action (and that it was usually a baseless claim), Mens Rea and hate crime are supplements for punishment on actions. You have to actually do something illegal to be liable for hate crime.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    35. Re:not exactly a good record by jafac · · Score: 1

      Most insightful post of 2007. Seriously.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    36. Re:not exactly a good record by onemorechip · · Score: 1

      So in your mind, juries should never take into account a defendant's state of mind? That would wipe out many of the distinctions commonly made today between first and second degree murder and manslaughter, as well as consideration of mitigating and aggravating circumstances in violent crimes in general.

      Contrary to the popular notion, hate crimes are not thought crimes. The defendant in such crimes is always on trial for his actions, not his thoughts. Juries are allowed to make factual findings in their deliberations, subject to the usual burden of proof ("beyond reasonable doubt"), and state of mind is a factual finding of this nature. But I know of no case in the U.S. where someone has been brought to trial just for harboring hateful thoughts.

      --
      But, I wanted socialized health insurance!
    37. Re:not exactly a good record by onemorechip · · Score: 1

      In a legal sense, a "fact" is something to be determined by a jury. A jury may look at evidence for and against the prosecution's theory of what happened (including the motivation) and decide that it fits the facts of the case. If they can't find reasonable doubt, they accept a proposition as factual in producing their verdict. This is the power given to juries.

      IANAL, but come on, we've all watched enough TV to know this stuff...

      --
      But, I wanted socialized health insurance!
    38. Re:not exactly a good record by onemorechip · · Score: 1

      You know, I agree with your post except for one thing. As a Southern California resident, I hate to see any act of arson described as trivial.

      --
      But, I wanted socialized health insurance!
    39. Re:not exactly a good record by KDR_11k · · Score: 1

      Hate crime refers to hate against a group, not an individual. It's pretty obvious that most violent criminals probably don't like their victims.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    40. Re:not exactly a good record by capnchicken · · Score: 1

      You had a respectable response until you started joking about prison rape as a form of justice. You are correct that sentencing involves much more then just the facts, and that motivation and thought behind the action play a role in the sentencing aspect. But a subjective issue as that is handled subjectively already by the judges and juries making the decisions. A hate crime is a law on the books, and therefor becomes something you have to be convicted of by FACTS. Motivation, thoughts become things that you are convicted by, not sentenced by.

      --
      A libertarian shat on my carpet once. Claimed the free market would sort it out. -Ford Prefect(8777)
    41. Re:not exactly a good record by Anonymous Coward · · Score: 0

      Why is it if i am white, the victim has to be white in order for me to assault him, but if he is Asian, Black, Gay, etc then it is now escalated to a hate crime?

      That's bullshit, assault isn't automatically elevated to a hate crime based on race. Forget about what you read on stormfront and do some research into what kind of crimes are actually prosecuted as hate crimes, most of them are blatant cases of racist or homophobic intimidation and vandalism.

    42. Re:not exactly a good record by Skjellifetti · · Score: 1

      Why can we not have a society where every man is equal and every assault is equally bad?

      Because there are far too many asshats out there who think it is perfectly OK to assault someone or refuse to hire someone simply because they have a different skin color, religion, sexual orientation, etc. If you have never met anyone like that, you most likely have never spent any time outside your small, quaint, All-American ideal hometown. The South is full of such idiots. So are the Detroit 'burbs. So are most places in America. Or maybe you are just totally oblivious to American reality.

    43. Re:not exactly a good record by graft · · Score: 1

      No, you half-wit. The exact same thing happens that happens in any legal deliberation. The prosecution makes arguments providing evidence that it was racially motivated, and the defense makes arguments that it was not. This is the same kind of debate that goes on in ANY sentencing hearing. Read any capital punishment deliberation; intent and state-of-mind are always germane. If you're going to make arguments about laws, you should know at least a little tiny bit about your subject.

    44. Re:not exactly a good record by encoderer · · Score: 1

      Half wit? For me being the "dumb one" you're awfully good at making yourself look stupid...

      In every other instance you mentioned there is corroborating evidence that can be weighed. Is it self defense? Well, what was the sequence of events? Was there reason to believe your (or another persons) life was in imminent danger. Is it premeditated? Well, was there any planning involved? Was a weapon imported into the crime scene? Etc. Is he a minor? Does he have any priors? All of these questions of fact can be substantiated with evidence or testimony.

      But in federal hate crime legislation, all you have to prove is a prior disposition towards a protected class. White man X killed black man Y. Here are emails from a year ago showing X is a racist. There you go, that's enough.

      And really, what *is* the point of being an arrogant douche? Maybe you think you sound more authoritative when you're mean and combative? You don't. You should do the world a favor and write that down and carry it in your pocket.

    45. Re:not exactly a good record by ffflala · · Score: 1

      Great points, and well said.

      Hate crimes are assaults not only on individuals, but on larger communities. Arguments against hate crime legislation only work as long as you stay squarely in the realm of euphemisms.

      There's a difference between, for example, (1) attacking some guy outside a bar because your egos clash, and (2) attacking some guy outside a gay-Mexican-christian bar because you thought he was gay-Mexican-christian, while screaming that all gay-Mexican-christians must die.

      The second one is worse, causes more harm than the first, and SHOULD be treated more harshly.

    46. Re:not exactly a good record by big_paul76 · · Score: 1

      Sorry dude, but there's nothing wrong with the law differentiating between me lighting a bag of dogshit on your doorstep and me lighting a burning cross on your lawn.

      In the absence of 'hate crime' laws, planting a burning cross on a black family's lawn is little more than mischief. That's probably not appropriate.

      And there's nothing wrong with the law differentiating between you picking a fight in a bar with a guy because he hit on your girlfriend versus picking a fight with a guy because you don't like [fill-in-the-blank-minority group].

      Calling this 'thought crime' is not really fair, as all we're talking about is the degree and type of criminal intent. Like how the big difference between first and second degree murder is premeditation. Does that make the distinction of first-degree murder 'thought crime' too?

      --
      The plural form of "anecdote" is "anecdotes", not "evidence".
    47. Re:not exactly a good record by crashfrog · · Score: 1

      The crime of burning a cross on someones yard should be punished the same regardless of race, religion, sexuality, ect.

      Why? Why should the same act receive the same punishment in all situations? That doesn't make any sense. Under your logic discharging a firearm should carry the same punishment regardless of whether or not the bullet flies harmlessly into the air or lodges in someone's chest, killing them.

      That's not how our system works at all. We punish infractions of the law commensurate with the harm those actions caused, in that specific situation; and it's simply indisputable that an American black family and their community is going to be harmed a great deal more by a burning cross on their lawn than a white family with the same lawn and the same cross.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    48. Re:not exactly a good record by onemorechip · · Score: 1

      At the end of the day, what good does hate crime legislation do? All it means is that a racist might spend 20 years in jail for the same exact crime that a non-racist would only spend 15 years in for. So, when it comes down to that, he's spending 5 years in jail just for being a racist.

      No, he's spending the extra 5 years for acting out a racist agenda.

      And HOW is that not "thought crime?"

      Because there is no law against his thoughts, and his thoughts aren't policed. I think you are using a very loose definition of "thought crime".

      --
      But, I wanted socialized health insurance!
    49. Re:not exactly a good record by onemorechip · · Score: 1

      But in federal hate crime legislation, all you have to prove is a prior disposition towards a protected class.

      Citation, please? Until you provide one, I'll maintain that GP is correct.

      --
      But, I wanted socialized health insurance!
    50. Re:not exactly a good record by onemorechip · · Score: 1

      Thank you for one of the clearest and most reasoned posts in this thread.

      --
      But, I wanted socialized health insurance!
    51. Re:not exactly a good record by volpe · · Score: 1

      he supports the idea that we should try to guess if a criminal might hate his victim. Extra years in prison for Thought Crime makes sense to him.

      It makes sense to me too. Not your inane characterization of hate crime legislation as "thought crime", obviously, but the idea that intent is relevant. It's always been relevant, and this is just one additional way that it's relevant. If you kill some guy because he's Jewish and you hate Jews, you're a much greater danger to the general population than you'd be if you killed him because he's banging your wife.

    52. Re:not exactly a good record by crbowman · · Score: 1

      So if I burn a cross on a black persons front lawn even though I am a black person and presumably I hate you, not your race, I deserve less punishment than a white person?

      Suppose you as a black man burn a cross on my lawn, and I as a white person (not that it matters) couldn't care less cause I am secure in who I am and I don't care who hates me. Does that mean you deserve no punishment?

      If I am a white person and I burn a cross on a black persons front lawn to protest the absurdity of thought crimes I deserve less punishment than if I yell up and down the street I hate black people and then light it up?

      Are their gradations of hate? I mean what if I hate you more than those annoying Jehovahs Witnesses but less than Muslim fundamentalists?

      It might be wrong to hate, and we should bring down societal ire and shame on many kinds, but it is your right to do so. It is even your right to tell people you do and why. It doesn't matter if the object is a person or a group. As long as it is your right to hate, we shouldn't punish you for doing it just because you happen to commit a crime.

      Finally, you say that word indisputable but I do not think it means what you think it means.

      When you say "Criminals should be punished commensurate with the severity of the harm they've caused their victims. Clearly that's an indisputable goal of the justice system." I dispute that notion; I think the goal of the legal system (we don't have a justice system) is to try to minimize crime. I believe punishment should serve to act as a deterrent. An eye for an eye punishment doesn't make us an enlightened society.

      Can I infer that you support the death penalty if you believe that "Criminals should be punished commensurate with the severity of the harm they've caused their victims."

    53. Re:not exactly a good record by Darby · · Score: 1


      Burning a cross on a black family's lawn is a much nastier crime than burning some garbage behind an asian family's house.


      If true, then the only proper course of action is the increase the penalty for burning crosses commensurate with the increase in the severity of the crime. So you punish the *action*.

      "Hate crime" *is* thought crime and there is no other way it can be seen.
      Even your own argument doesn't agree with you, it agrees with me.

    54. Re:not exactly a good record by Darby · · Score: 1

      You're found guilty or not based on the evidence, but you're sentenced based on a lot of factors, and it does not seem like stretch to me to factor in whether or not you currently harbor blind, murderous hate for arbitrary groups of people.


      Except that there is nothing in any way illegal with harboring blind murderous hate for arbitrary groups of people.
      Hate crime legislation is intended to criminalize exactly that, which is why it absolutely *is* thoughtcrime.

    55. Re:not exactly a good record by Darby · · Score: 1

      Hate crime is not a thought crime. It has nothing against the freedom of speech. Even the US Supreme Court has decided.


      No, it's far worse than that. It is against the freedom of *thought*.

      You can argue that it's officially the law of the land by invoking the Supreme Court, but trying to use that to claim it's right is just silly. Well, unless you really believe that corporations should be accorded almost all the rights of a citizen with none of the responsibilities, and that the interstate commerce clause was really intended to cover an individual citizen growing a plant in their backyard.

      Yes, it means you're free to believe that all Blue Martians are idiots or to claim that in your blog, as long as you don't go out and beat Blue Martians up out of such belief.

      However, beating up Blue Martians for any reason whatsoever is already illegal, so all you're proposing is punishing them for the thought.

    56. Re:not exactly a good record by crashfrog · · Score: 1

      So if I burn a cross on a black persons front lawn even though I am a black person and presumably I hate you, not your race, I deserve less punishment than a white person?

      I don't see what your race has to do with it, so, no, you don't deserve less punishment. The harm is the same in both cases.

      Does that mean you deserve no punishment?

      If I burn a cross on your lawn, my punishment should be commensurate to the harm it caused you. If you don't care at all, it's not quite clear in your example how it becomes a matter for the police at all. If you don't care, why would I be arrested?


      Are their gradations of hate?


      Clearly there are graduations of harm, I mean, that's so obvious that I can't understand why you don't get that.

      It might be wrong to hate, and we should bring down societal ire and shame on many kinds, but it is your right to do so.

      Sure. Hate all you like. But there's no right to harm other people, and the basis of law and order in a society is that when people harm others, we punish them for it. The greater the harm, the greater degree of punishment.

      As long as it is your right to hate, we shouldn't punish you for doing it just because you happen to commit a crime.

      That's not what's being punished. What's being punished is that some acts are more harmful to some victims than to others, and the greater degree of harm mandates a stronger punishment.

      I think the goal of the legal system (we don't have a justice system) is to try to minimize crime.

      It's "Crime and Punishment", not "Crime and Education." The purpose of the justice system is justice, not education. Education is the purpose of the educational system (just to clear up your confusion, there.)

      If the purpose of the justice system were to prevent crime, why not simply imprison all citizens in advance? That'd certainly reduce crimes. Or why doesn't every crime have the same punishment - execution? That would certainly deter crime, don't you think? Execution for every infraction?

      So it's obvious that you're wrong. The purpose of a sentence is to punish someone for their own crimes, and the punishment is commensurate with the severity of the crime, where by "severity" we mean "how much harm was caused." And it would certainly be unfair and unconstitutional for someone to experience a harsher punishment not for anything that they did, but to deter unspecified other individuals from criminal acts. Deterrent is cruel and unusual, not to mention unfair.


      Can I infer that you support the death penalty if you believe that "Criminals should be punished commensurate with the severity of the harm they've caused their victims."


      No, you can't, because that's not what "commensurate" means. A dictionary might help you here. At any rate my views on the DP are hardly relevant to my argument, which is that more harmful crimes should have harsher sentences, a principle that clearly underpins the entire criminal justice system.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    57. Re:not exactly a good record by tyrione · · Score: 1

      Again, I ask, why should a person who killed someone on a whim be punished less than someone who killed because of someone's religious beliefs.

      ------------

      The symbol of the Cross is a byproduct from the past common use the KKK used. It could have been a pike or some other apparatus, but through the misconstruing of what happened to be their interpretation of the Bible--it could have been any other doctrine--we've associated it with Christianity hates Negroes. Being an Agnostic I can't stomach much of the Bible, but that's painting a broad brush over the real issues. The movement that used this doctrine to create a separation of races through such means including and not limited to Cross burnings is what makes the Societal ramifications on a larger scale greater than the singular heinous act of one individual on another; and hence a Hate Crime.

      With that said, any pre-meditated act to extinguish the life of another individual should be tried equally under Lady Justice. The trial on Hate should be a secondary trial, not the primary trial.

    58. Re:not exactly a good record by iminplaya · · Score: 1

      You should also be very suspicious of why he did this. Putting this off until a time when most people will have forgotten about it might be very convenient as a way of getting it passed when all the outrage dies down. Standard Operating Procedure in this business. I, for one, don't consider this very heroic in any way. This guy's a regular politician, with regular political ambitions. Let's see if this doesn't slip through in some midnight session, like so many bad laws do.

      --
      What?
    59. Re:not exactly a good record by Chibi+Merrow · · Score: 1

      You know, you might want to read what he said. He was comparing burning a cross on a black family's lawn to burning garbage on anybody's lawn.


      And I rejected his comparison and pointed out that the correct comparison is burning a cross on a black family's lawn and burning a cross on a non-black family's lawn.

      In general, we treat acts of intimidation and threats of violence as beyond the pale and in most jurisdictions we punish people for them.


      Exactly. Laws against threats already exist.

      You appear to be saying that acts of intimidation and threats of violence are ok and should be ignored as long as they're combined with - that is, a part of - some other punishable violent act.


      I never said any such thing. Threats are wrong. Arson is wrong. Trespassing is wrong. Several crimes are committed in the act of burning a cross on someone else's property. They should be punished accordingly. What I was pointing out is that if it's wrong on a black family's lawn, someone burning a cross on an asian family's lawn or a white family's lawn should not be punished any less.
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    60. Re:not exactly a good record by Chibi+Merrow · · Score: 1

      We have had motivation as an essential factor in a crime for as long as law exists. It is called mens rea. If you run someone over because it's dark and you didn't see them, your punishment will not be the same as it would be if you run them over because you wanted to kill them.


      That's not a matter of motivation, that's a matter of intent. Did you intend to kill the person? If you did intend to kill them, did you do it on the spur of the moment or did you spend a significant amount of time planning the act, wherein a reasonable individual would have calmed down and thought better of it? That's the spectrum from involuntary manslaughter to murder one. Your reason for killing the person in no way plays a part in how severe the crime is.

      Mens rea is a "guilty mind". Yes, this means every crime committed consists both of a thought crime and a criminal act. The concept of thought crime in this context makes very good sense. The context in which it is not tolerable is when thought crime is punishable on its own, without a criminal act.


      No, it is completely intolerable that a victim should receive LESS justice because the person who harmed them is the same race/nationality/sexual orientation as them. Likewise, it is completely insane to start basing punishment on such nebulous things as racism/sexism/etc. You have no way of knowing whether a crime was truly motivated by some -ism or by any of the other mundane motivations for crime. Does every black gang vs. latino gang crime automatically become a hate crime? When two drunk guys get in a fight, and it turns out one was bisexual, does the straight guy get charged with a hate crime? How do you know what was motivating them at that point in time? You can't know, you can only make wild guesses.
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    61. Re:not exactly a good record by Chibi+Merrow · · Score: 1

      What about murder and manslaughter? Are you against the distinction?


      No, the difference there is not motivation but intent. Did you intend to kill the person? If you did intend to do so, did you do it on the spur of the moment or was it done in a planned out, cold-blooded fashion?

      Why not punish them that extra bit more?


      Why punish someone who isn't a racist less? Does a victim deserve less justice because they were killed by a member of their race?
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    62. Re:not exactly a good record by Chibi+Merrow · · Score: 1

      So in your mind, juries should never take into account a defendant's state of mind? That would wipe out many of the distinctions commonly made today between first and second degree murder and manslaughter, as well as consideration of mitigating and aggravating circumstances in violent crimes in general.


      To quote myself:

      No, the difference there is not motivation but intent. Did you intend to kill the person? If you did intend to do so, did you do it on the spur of the moment or was it done in a planned out, cold-blooded fashion?

      The defendant in such crimes is always on trial for his actions, not his thoughts.


      No, if he were just on trial for his actions then it would be a normal assault/robbery/arson/murder trial, not a hate crime trial.
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    63. Re:not exactly a good record by Chibi+Merrow · · Score: 1

      Sorry dude, but there's nothing wrong with the law differentiating between me lighting a bag of dogshit on your doorstep and me lighting a burning cross on your lawn.


      And I never said otherwise. You're comparing apples and oranges. But why should the law differentiate between burning a cross on a black family's lawn and burning a cross on an asian family's lawn?

      In the absence of 'hate crime' laws, planting a burning cross on a black family's lawn is little more than mischief. That's probably not appropriate.


      No, I'd say it's arson and trespassing at the least, with whatever laws cover "threats" in your local jurisdiction as well.

      And there's nothing wrong with the law differentiating between you picking a fight in a bar with a guy because he hit on your girlfriend versus picking a fight with a guy because you don't like [fill-in-the-blank-minority group].


      Yes, there is, if they are both spur of the moment, non-planned crimes. If I kill the guy who hit on my girlfriend or I kill the latino guy because I'm in a black gang and we want them out of our neighborhood, they're both equally dead. Neither one deserves less justice than the other.

      Calling this 'thought crime' is not really fair, as all we're talking about is the degree and type of criminal intent. Like how the big difference between first and second degree murder is premeditation. Does that make the distinction of first-degree murder 'thought crime' too?


      No, and everyone who keeps trying to claim that is either being purposely ignorant or just has a complete lack of understanding of the difference between "manslaughter" and "murder in the first degree". The difference is INTENT. Did you intend to kill the person? If yes, did you do this on the spur of the moment or did you take time and plan this out and commit the act in "cold blood"? At no point in deciding where in that spectrum your crime falls does the motivation for the act play a part.
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    64. Re:not exactly a good record by encoderer · · Score: 1

      Your fingers aren't broken, look it up yourself.

      And seriously, who are you and why would I care what you "maintain?"

    65. Re:not exactly a good record by encoderer · · Score: 1

      "No, he's spending the extra 5 years for acting out a racist agenda."

      Do you have a citation on that?

      If not, i'll maintain that the GP is correct.

    66. Re:not exactly a good record by onemorechip · · Score: 1

      No, the difference there is not motivation but intent. Did you intend to kill the person? If you did intend to do so, did you do it on the spur of the moment or was it done in a planned out, cold-blooded fashion?

      You've made a distinction without a difference. Both motivation and intent require a jury to make a determination of the defendant's state of mind. In fact juries are allowed to consider motivation in their deliberations; if prosecution can't establish a motive then it may cast reasonable doubt on the case (depending on the strength of other evidence, of course).

      No, if he were just on trial for his actions then it would be a normal assault/robbery/arson/murder trial, not a hate crime trial.

      It *is* a "normal assault/robbery/arson/murder trial", with the additional charges that the defendant is acting out a specific agenda. Both require a jury determination that the standard burden of proof is met. A jury can still convict on the former charge and acquit on the latter. If prosecution doesn't think they can meet the burden for the latter then they shouldn't bring that charge in the first place. If prosecution does bring the hate crime charges while having insufficient evidence then that is a separate issue, because we already have similar instances of overzealous prosecution with all manner of crimes. If you are looking for a perfect world where that doesn't happen, I can't help you.

      --
      But, I wanted socialized health insurance!
    67. Re:not exactly a good record by onemorechip · · Score: 1

      Just as I expected, you've come up empty.

      --
      But, I wanted socialized health insurance!
    68. Re:not exactly a good record by onemorechip · · Score: 1

      First, I cite common sense. There is a difference between being a racist and acting out a racist agenda. The first doesn't (of itself) land you in jail.

      Additionally I cite Rehnquist in Wisconsin v. Mitchell. If you don't care to read it all, here's the executive version: The high court did not find that the defendant's First Amendment rights were infringed by the legislation, and found the sort of chilling effect on expression that you envision too speculative for consideration in their opinion.

      Surely, if the expression of racist thoughts isn't substantially chilled by legislation of this nature, then the thoughts themselves (minus the expression) are not chilled, either.

      Of course, it's possible to envision legislation that is overly broad in this area. But I'm not advocating that kind of legislation, nor am I aware of any proposed or on the books.

      --
      But, I wanted socialized health insurance!
    69. Re:not exactly a good record by encoderer · · Score: 1

      Seriously, I'm not trying to prove anything to you. It wasn't your post that I replied to. As far as I can tell, you didn't involve yourself into this discussion until you did so, rather rudely, with the GP.

      If you'd like to be included in this conversation, then why don't you start by offering something, instead of just heckling?

      I was having a conversation with the gentleman that wrote the (g-g-g parent?), not with a johnny-come-lately whose only involvement came a day late and a dollar short.

      I've put significantly more effort into writing this post than it would've taken to link to the Wikipedia entry that you're asking for. But the point is not that I'm lazy. It's that I see little value in feeding trolls. Your hit-and-run style is played-out on this website. If you're looking for a debate so badly that you resort to these tactics, perhaps you should make more friends that share your common interests.

    70. Re:not exactly a good record by onemorechip · · Score: 1

      Excuse me, but this is an open forum. If you don't like that, or if you can't take the criticism that goes with the territory, you don't have to post here. I haven't made any statements I'm not willing to defend, so I don't see why you have a problem with me or why you have to label my "style" as "hit-and-run". Where did I run to? I'm still here!

      I've come to the conclusion that you're just plain rude, and trollish too, since you don't seem to be willing to back up your assertions.

      --
      But, I wanted socialized health insurance!
  27. At least the lawyers will get paid... by tjstork · · Score: 0

    So really, what's at stake here is not actually ending the practice of wiretaps, its about a bunch of lawyers wanting to cash in and sue the people that did it. What's the net result to any single plaintiff? 50 cents per email read? Yet, a bunch of telecoms will go belly up so lawyers can get rich.

    Way to go, Democrats. One of the few industries we have left in the USA not destroyed by litigation, and now, that's all going down the shitter to. I think its obvious that the issue here is not the companies that obeyed a request from the guy in the oval office, its the guy in the oval office. What's even more amazing, at the end of the day, is that Democrats will ultimately create a legal framework that says a corporation doesn't actually even have to listen to the government at all, unless the government provides legal immunity for lawsuits. So... from here on out, we will have to immunize firms for complying with every other federal act, which is to say everything.

    Stupid, stupid, stupid.

    --
    This is my sig.
    1. Re:At least the lawyers will get paid... by Anonymous Coward · · Score: 0

      you mean one of the few industries that so blatantly abused their monopoly position that the govt, enraged with jealousy, decided to step in.

      perhaps the telcos can spend some of the money they are busily using to "leverage" their monopoly positions lobbying for the end of net neutrality and hire some lawyers to prove before the judicial branch of our government that what they did was not a violation of the laws as ratified by the legislative branch of our government (more succinctly, if you are innocent and you can afford big scary lawyers then you dont have to be afraid of getting sued)

      when corporations misbehave the only way to spank them is to take enough of their money that they remember how much it hurt the next time they consider doing something shady

    2. Re:At least the lawyers will get paid... by civilizedINTENSITY · · Score: 1

      its about a bunch of lawyers wanting to cash in and sue the people that did it

      I suppose you felt the same way about Watergate? With all due respect, sir or madam, your signature seems to say it all.

    3. Re:At least the lawyers will get paid... by tjstork · · Score: 1

      when corporations misbehave the only way to spank them is to take enough of their money that they remember how much it hurt the next time they consider doing something shady

      And give it to who, yourselves? Because... that's what happens, and, it makes me think that 90% of the time, lawyers simply say that corporations misbehave simply so they can get rich without actually having to produce anything.

      --
      This is my sig.
  28. I wrote my Congressman, and he replied by InvisblePinkUnicorn · · Score: 2, Informative

    In short: yay!

    (Reply follows)

    ----

    Dear Mr. InvisiblePinkUnicorn:

    Thank you for expressing your views on legislation that would provide retroactive immunity to telecommunications companies that participated in the National Security Agency's (NSA) warrantless surveillance program.

    In December of 2005 it was first reported that President Bush had authorized the NSA to monitor communication between U.S. citizens and terrorist suspects outside the United States without first obtaining a warrant. Some telecommunications companies participated in this program and provided the government with access to phone records. Serious questions arose about the legality of this program and its compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA).

    In August 2007, Congress passed revisions to FISA, which I opposed, expanding the authority of the Attorney General and the Director of National Intelligence to conduct surveillance of foreign targets. Under this legislation telecommunications companies that assist the government in the future implementation of this program were granted immunity from criminal and civil action.

    This legislation expires in early February, and Congress is currently considering further revisions to FISA. President Bush has requested that any further modifications to FISA contain retroactive immunity for any telecommunications company that participated in the program since its inception. While developments in technology may require modest modifications to our intelligence laws, I will oppose efforts to provide retroactive immunity for illegal wiretapping as it is inconsistent with our democratic principles. All citizens must have legal recourse when their rights are infringed upon, and companies must bear the responsibility for breaking the law.

    Thank you again for contacting me.

    Sincerely,
    Sherrod Brown

  29. The Dodd Gambit by Paradise+Pete · · Score: 5, Funny

    The Dodd Gambit is a success.
    And as he reluctantly tabled the bill. Senate Majority Leader Harry Reid was heard muttering "Dodd Gambit" under his breath.

  30. Re:Glenn Greenwald reports on Harry Reid's duplici by Nefarious420 · · Score: 2, Interesting

    Wow, Poor Harry Reid, I wouldn't even cut off my hair for 22k, who knew senators were so cheap to buy. Soon they will probably be available on Ebay.

  31. checks y balances by genican1 · · Score: 1

    Thank dog for the filibuster. It's nice to know that the founding fathers had a little foresight. I never really appreciated this little piece of magic until now. Good to see that it can be used for good too.

    1. Re:checks y balances by An+Onerous+Coward · · Score: 1

      Don't credit the Founding Fathers for that. There is nothing in the Constitution about Senate filibusters. It's just a rule the Senate chose to adopt, and one that they could throw out at any time. Remember a couple of years ago, with the whole "nuclear option"? The Republicans were considering eliminating filibusters of judicial nominees, a rash act, but not an unconstitutional one.

      --

      You want the truthiness? You can't handle the truthiness!

  32. how's that Kool-Aid, stork? by Scudsucker · · Score: 2, Insightful

    So really, what's at stake here is not actually ending the practice of wiretaps, its about a bunch of lawyers wanting to cash in and sue the people that did it.

    Ah ha ha ah ha. No. It's about massive, serial lawbreaking and attempts to sweep it under the rug. And who gives a shit if it ends up in the hands of lawyers! Give it to Britney Spears, burn it, open a mime school - the point is that it's out of the hands of those who conspired to violate our Constitutional rights.

    One of the few industries we have left in the USA not destroyed by litigation, and now, that's all going down the shitter to.

    AT&T's market cap is 425 BILLION DOLLARS Yes, poor beleaguered AT&T REALLY needs legal protection here.

    What's even more amazing, at the end of the day, is that Democrats will ultimately create a legal framework that says a corporation doesn't actually even have to listen to the government at all

    When you're done drinking the Kool-Aid, try reading up on the Nuremberg trials.

    1. Re:how's that Kool-Aid, stork? by tjstork · · Score: 0, Troll

      the point is that it's out of the hands of those who conspired to violate our Constitutional rights.

      No its not. It's just a socialist joke. The Democrats HAVE had companies do the same things themselves, and, in point of fact, demanded legislation to allow far more draconian searches than Bush has ever envisioned. You do recall Clinton's insistence that the FBI have all keys to any crypto system.

      So, searches are going to go on. They aren't going to stop. And what's going to happen is that Dems are going to kill two birds with one stone - first, they'll keep the power of the government, because at the end of the day, that's what they want, and they'll eliminate another business and create yet another class of sheeples dependent on government services, to gain even more power.

      It's just about power, and if you think its anything else, about "your constitutional rights", then, the proof is very simple: Let's see Democrats introduce legislation to repeal the USA PATRIOT Act. WHERE THE HELL IS IT? WE HAVE BEEN WAITING FOR A F--ING YEAR FOR IT.

      --
      This is my sig.
    2. Re:how's that Kool-Aid, stork? by civilizedINTENSITY · · Score: 1

      Seems hard to compare the open (and failed) legislative attempt "that the FBI have all keys to any crypto system" to this closed, covert system that appears to have be in violation of laws currently already on the books. One I disagreed with, the other looks illegal. Big difference.

    3. Re:how's that Kool-Aid, stork? by tjstork · · Score: 1

      Seems hard to compare the open (and failed) legislative attempt "that the FBI have all keys to any crypto system" to this closed, covert system that appears to have be in violation of laws currently already on the books. One I disagreed with, the other looks illegal. Big difference

      The illegality isn't the point, and we both know it. Do you seriously argue that "poof", its ok for the government to spy on you if it declares it to be legal?

      When is USA PATRIOT going to be repealed?

      --
      This is my sig.
    4. Re:how's that Kool-Aid, stork? by civilizedINTENSITY · · Score: 1

      It is part of, but not all of, the point. Open, transparent, legal move to make a (bad) law...vs...Closed, covert, illegal actions. When bad laws are put forth, we can respond. When dirty secret things are done covertly, we might never know. These are fundamentally different pursuits. I'd say the system eventually worked in the former, but the system was never given a chance to work in the later. It is the end run around the system that is infuriating to me.

  33. nice Youtube clip by Scudsucker · · Score: 5, Interesting
    Of Sennator Kennedy protesting immunity. Money quote:

    The President has said that American lives will be sacrificed if Congress does not change FISA. But he has also said that he will veto any FISA bill that does not grant retro-active immunity. No immunity, no FISA bill. So if we take the President at his word, he's willing to let Americans die to protect the phone companies.
  34. Three words: Premier Election Systems by SpaceLifeForm · · Score: 0
    Diebold changed their name to Premier Election Systems.

    Link

    See how these lying bastards try to confuse?

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  35. Re:Ron Paul won't allow warentless wiretapping (2) by Aaron+England · · Score: 1
    "While I don't favor this, you would be hard pressed to argue that the UN has had a very productive impact in most of the activities they have undertaken. And even when their stuff has worked, it has usually been with the US doing most of the legwork. The UN is mainly an organization that allows its members to say they support international partnerships, while performing relatively few useful functions of its own."


    How much have you really studied the UN to be qualified to make such a judgment? I don't want to come off as snobbish but I've found that people who say such things have done very little actual academic research in this field of study. Here I'll rip off some of the basic arguments for why international government organizations (IGOs) such as the UN can be forces of good from my International Relations 101 textbook (International Politics on the World Stage). These are just the claims of the arguments, if you want to read the reasoning behind them you can find the textbook in any college library on pages 192-194.

    The UN creates and fosters norms against violence.
    Provides a debate alternative towards violence.
    Intervenes diplomatically to assist and encourage countries to settle their disputes peacefully.
    Promotes arms control and disarmament (IAEA).
    Provides peacekeeping forces.
    Promotes economic development (UNDP, World Bank, IMF, etc).
    Advocates human rights (UDOHR of 1948).
    Advances international law and norms.
    Advocate for the environment.
    Encourages independence.

    "Last time I checked a woman's right to choose was protected by a Supreme Court decision, not the Constitution. Whether or not one supports abortion is another matter, but lets be clear on that."

    I want you to follow me here. A document is meaningless unless it is interpreted. The Supreme Court is the final authority on who can interpret the constitution. The Supreme Court has decided that the 4th amendment of the constitution protects a woman's right to choose.

    "Not a bad idea considering the Constitution provides no basis for the federal government to be involved in education, and our schools are failing anyway. Plus, our students did better comparatively against other nations before the US Dept of Education was instituted."

    I bet those other nations that you are comparing the US to also have public education.

  36. Democracy Sucks by Shihar · · Score: 3, Insightful

    The problem is that democracy sucks. Democracy leads to countless evils. Slavery in the US was democracy in action, as were Jim Crow Laws. The South splitting from the US was democracy in action. Hitler rising to power was democracy in action. There is nothing "good" about democracy other than it leaves a way to kick someone who is utterly incompetent out of power. Democracy is less likely to cause brutal oppression than a dictatorship due to the electorate having the ability to remove the government, but it is by no means a guarantee.

    The US constitution, something that is generally revered as being as a model constitution is an example of an UNDEMOCRATIC document. The constitution sets in place limits that a democratically elected government must follow, irregardless of what the will of the people is. It sets in place a method of changing the constitution that demands far more than a "democratic" majority vote. The Supreme Court which upholds the constitution is an example of an undemocratic institution. In fact, I would say the things I like best about the American part are its undemocratic parts, not the democratically elected pieces of it.

    So, is a filibuster an example of an anti-democratic purpose? Hell yes, and I love it! The best thing about the American system is the fact that a simple majority can't impose its will upon the minority. In order to get even the simplest of things done, you need a majority of 60%. To get truly earth shattering done (like changing the constitution), you need a super majority well over 2/3's. This is a good thing. This is one of the reasons why despite Europe being far more liberal than the US, the US still has much strong free speech laws. It isn't because Americans are hippies, it is because the non-democratic aspects of the American government make it virtually impossible to pass anti-free speech legislation, and even when it is passed, it promptly gets struck down.

    I say hurray for the non-democratic institutions. I think we need MORE of them. This world needs more liberal (liberal as in liberty, not leftist) institutions and less democracy.

    1. Re:Democracy Sucks by Anonymous Coward · · Score: 0

      Amen.

      See what is happening in France. 2 years ago, 54% voted against the new EU constitution in a referendum (the EU constitution is to the US constitution what a virus infected window installation is to an openbsd server).

      New French president made the parliament (the congress), adopt a "simplified" constitution, which is not a real constitution but a list of 359 modifications to existing treaties (a diff, really, in the form of "at page 64, the words "foo bar" are inserted before the fourth paragraph), that apply all the rejected content (well, only 98% of it, some cosmetics details have been left out).

      Of course, beeing a constitution, there is no possible turning back: essential right have been transfered to EU parliament, which is even less accountable than French one (and that is telling).

      Democracy sucks (of course, the alternative are even worse). Having politician near a constitution is like giving root to script kiddy...

      (captcha "adultery", how relevant when talking about Sarkozy...)

    2. Re:Democracy Sucks by Anonymous Coward · · Score: 0

      Good post, one thing needs pointing out. "Hitler rising to power was democracy in action" is often recited and always wrong.
      Hitler was appointed into power by other politicians who saught to cash in on his popularity, but he was never voted in. Now if people want a German example of the flaws of Democracy one would do better to look at the whole Weimar period and see what can go wrong with unrestrained proportional representation.

  37. To table? by thirty-seven · · Score: 1

    ... persuaded Senate Majority Leader Harry Reid, D-NV, to table the act until January

    Why does American English use the verb table in this way? Yes, I know, different dialects of English are equally valid, but I'm just curious about how it makes sense to use to table to mean to set aside and not consider?

    When I say "he will table the bill tomorrow", meaning "he will submit the bill for active consideration, tomorrow", I picture a metaphorical table that everyone is sitting around while discussing things. When an American English speaker says "he will table the bill tomorrow", meaning "he will remove the bill from consideration, tomorrow", what do they picture? Is a metaphorical table in a dusty corner of a basement being pictured?

    --

    Atheism is a religion to the same extent that not collecting stamps is a hobby.

    1. Re:To table? by Torodung · · Score: 1

      I'm not sure about the etymology, but I picture the person putting the bill aside, rather than reading it to their peers. A "tabled" idea is one that is not being talked about and sold. It is collecting dust.

      Americans talk about everything. We're a very vernacular people. In another country, one might submit an idea in written form by putting it on a table for someone else to read. In America, I think it is more a case of a script being set aside.

      --
      Toro

    2. Re:To table? by civilizedINTENSITY · · Score: 1

      The picture I use is this: many papers are stacked on a table and one is picked up for consideration. Will we vote on this? No, lets table that and go on to the next one. "Table" thus means to but it back on the stack, and that it didn't make it as far as the active process.

    3. Re:To table? by dkleinsc · · Score: 1

      The term "to table" is short for "to lay on the table", which was one of the standard motions in Robert's Rules of Order. The image you want here is placing business down on a table in front of the chairperson, to be "taken up" again later on. However, it is not infrequent that business that is laid on the table is never again taken up, and ends up in the trash can next to the table.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  38. wouldn't be any better by r00t · · Score: 1

    The average person is easy to sway with a great big ad campaign. If the latest pop star says to vote YES on #42 for the children, well, people sure will. This may be the least-bad problem though!

    Where would the laws come from? Imagine them all filled with vague non-lawyer language that will be difficult to interpret and full of holes.

    As it is already, laws have both a bad part and some bait. It's purposely complicated.

    Most people are clueless about basic economics. A lot of people would try to set price limits, just print more money, or massively screw with interest rates. We'd be totally sunk in no time.

    It's likely that everybody would give themselves welfare without taxes. At best, jealosy would result in something crazy that wipes out all the business owners.

    1. Re:wouldn't be any better by penix1 · · Score: 1

      I never said it would be "better" just "interesting to watch". Actually, I was thinking more of the moral laws (think of the children) and social programs than financial ones. On the Federal level the Constitution clearly spells out that Congress controls the purse strings and I wouldn't mess with that. It however doesn't say anything about the moral laws. I would put to referendum any new social programs and still leave funding up to Congress to wrangle out. I would take away corporate personhood if given the vote so maybe you are right...

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
  39. Think of it like this by Anonymous Coward · · Score: 0

    It's kind of like DDOSing the RIAA's website

  40. Its all for show... by Jackie_Chan_Fan · · Score: 1

    Dodd did it, so it looks like someone stood against it.

    The truth is, they'll pass and do whatever they want without being accountable for it.

  41. A website matched him to me by shoor · · Score: 1

    I went to this website:
    http://www.wqad.com/Global/link.asp?L=259460 Select a candidate quiz,

    which asks you questions about various issues and then tells you how closely various candidates match what you say, and for me it was Chris Dodd, and I couldn't remember ever hearing about him before. I'm a lot more sensitized to his name now of course.

    --
    In theory, theory and practice are the same; in practice they're different. (Yogi Berra & A. Einstein)
  42. it'd take quite some primarying by Trepidity · · Score: 4, Informative

    The committee that wrote the immunity bill had eight democrats on it, of which six voted for it: Rockefeller (WV), Feinstein (CA), Bayh (IN), Mikulski (MD), Nelson (FL), and Whitehouse (RI). Only Feingold (WI) and Wyden (OR) voted against.

    In addition, Dodd's first attempt to stall the legislation failed, 76-10. Only 9 other Democrats supported him.

  43. Re:Sent a message! by locokamil · · Score: 1

    You mean you want Edwards to win the democratic nomination and then lose the election?

  44. to be fair, not exactly watertight by Trepidity · · Score: 1

    The holding in Roe v. Wade doesn't even completely apply anymore, as there've been a dozen or so cases since then amending, explaining, or otherwise complicating the holding to the point where only experts can really tell you what the Supreme Court thinks the Constitution says on the subject. And it will probably say something different a few years from now too.

    The Supreme Court also has a long history of inventing rights not explicitly mentioned in the Constitution, which are later overturned. One of the earliest major ones was actually invented by conservatives and later overturned by liberals: the early-20th-century Court held that there was a Constitutional right to "freedom of contract", and therefore that legislation for e.g. minimum-wage laws was unconstitutional, as it impeded citizens' freedom to enter into contracts of their own choosing. A later court decided that the Constitution didn't say this after all.

    So basically unless it's really clearly spelled out in the Constitution, a Supreme Court holding is really just that, an opinion of the Supreme Court, based largely on political views and subject to change in the future.

    Or do you really think it was the Constitution that resolved Bush v. Gore in 2004? No, it was the Supreme Court, under the convenient fiction of "interpreting the Constitution".

    1. Re:to be fair, not exactly watertight by jonatha · · Score: 4, Informative
      The Supreme Court also has a long history of inventing rights not explicitly mentioned in the Constitution

      The idea that "inventing rights not explicitly mentioned in the Constitution" is somehow beyond the pale is directly contradicted by the plain meaning of the 9th Amendment.

      --
      The SCO lawsuit makes me wish my company were in Utah. We need a new building.
    2. Re:to be fair, not exactly watertight by evilviper · · Score: 1

      Or do you really think it was the Constitution that resolved Bush v. Gore in 2004? No, it was the Supreme Court, under the convenient fiction of "interpreting the Constitution".

      Interpreting the constitution is only one of the powers of the SCOTUS. They are first a foremost a federal court of law, interpreting and upholding US laws, so long as the don't contradict the constitution. Lower courts really do exactly the same thing, they just simply don't have final say in the matter, so it's always debatable until the SCOTUS rules.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:to be fair, not exactly watertight by jdjbuffalo · · Score: 1

      The Supreme Court also has a long history of inventing rights not explicitly mentioned in the Constitution The Supreme Court can't invent any rights. The Constitution is a limit on the Government and defines to what extent they can abridge the rights that each individual is born with. Governments take away rights, they don't give them. You have all the rights in the world but are limited when the Government decides, with force--which is the only power they really have, that they will abridge your freedoms and take away those rights based on a societal contract (the Constitution in the case of the US).
      --
      We have four boxes with which to defend our freedom: the soap box, the ballot box, the jury box, and the cartridge box.
  45. Mod parent up by Hackie_Chan · · Score: 1

    Lets go through some terms, shall we?

    Demos: Greek for "common people" or "lower class"

    Kratia: Greek for the word "rule".

    Thus the word demos-krates; democracy.

    Polity: Aristotle considered it to be the perfect form of government because it was neither Democracy (self-serving by the poor) or Oligarchy (self-serving rule by the wealthy) - but rather a form of government where things are ruled by everyone in the interest of the whole community.

    Democracy used to be the corrupt equivalent of "polity" in the day of Athens, according to Aristotle's typology of governments. Back in the day during the time when the founding fathers framed the constitution, the word "democracy" used to have the negative connotation of "tyranny of the majority" (still exists to this day). As demonstrated by their influence to call one of the parliamentary chambers "the Senate", they opted to use another word inspired by the Romans:

    Res publica: The word "republic" in latin, which means thing business / thing of the people.

    Madison and Jefferson DID in turn change the definition of "Republic" to mean scheme of representation. It is different from the term Res Publica which just implies people's business. Since then the definitions and usage of both the words have changed, as hundreds of years have passed. "Democracy" changed in the sense that it now includes a representative structure ("liberal democracy" is what we all mean) and "Republic" today commonly refers to a country whose head of state is not a monarch (China is a republic, but they for sure aint democratic). In essence, the founding fathers used the word "Republic" exactly in the way we use the word "Democracy" today. I.e. Representative Democracy.
     
    So when people claim that the United States is a Republic and not a Democracy, they're using age old definitions. If they claim the today's linguistical definition of Republic is wrong, then they ought to go back to the true Roman definition! So when someone tells you that the United States isn't democracy - do the right thing and tell them they're wrong!

    --

    What's so bad about being lazy? What if there was a war and nobody showed up?
    1. Re:Mod parent up by amRadioHed · · Score: 1

      Demos: Greek for "common people" or "lower class"
      Kratia: Greek for the word "rule".
      Thus the word demos-krates; democracy. You're right. By those definitions we are unquestionably a democracy. The politicians that rule us are about as low a class as they come.
      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
  46. Ron votes on partial-birth-abortion by SonicSpike · · Score: 1

    Thank you for the link. I learned something I had not previously known.

    Ron Paul made a speech just before he voted for that bill.... you can read the entire speech here:
    http://ronpaullibrary.org/document.php?id=635

    Here is an excerpt:
    "As an obstetrician, I know that partial birth abortion is never a necessary medical procedure. It is a gruesome, uncivilized solution to a social problem......

    Unfortunately, H.R. 760 takes a different approach, one that is not only constitutionally flawed, but flawed in principle, as well. Though I will vote to ban the horrible partial-birth abortion procedure, I fear that the language used in this bill does not further the pro-life cause, but rather cements fallacious principles into both our culture and legal system....

    Despite its severe flaws, this bill nonetheless has the possibility of saving innocent human life, and I will vote in favor of it. I fear, though, that when the pro-life community uses the arguments of the opposing side to advance its agenda, it does more harm than good."

    --
    Libertas in infinitum
    1. Re:Ron votes on partial-birth-abortion by Darby · · Score: 1


      Unfortunately, H.R. 760 takes a different approach, one that is not only constitutionally flawed, but flawed in principle, as well. Though I will vote to ban the horrible partial-birth abortion procedure, I fear that the language used in this bill does not further the pro-life cause, but rather cements fallacious principles into both our culture and legal system....

      Despite its severe flaws, this bill nonetheless has the possibility of saving innocent human life, and I will vote in favor of it. I fear, though, that when the pro-life community uses the arguments of the opposing side to advance its agenda, it does more harm than good."


      So he knowingly and with malice aforethought voted against the constitution, and against the good of the nation according to your own post?

      I had thought he had a reasonable position on that issue, but you've clearly demonstrated that he doesn't. You've further demonstrated that he'll willingly betray the very principles that his standing up for has caused many people like myself to support him for.

      Thanks for clearing that up.

  47. Why are businesses punished either way? by Anonymous Coward · · Score: 0

    Why are businesses to blamed for taking goverment orders? Do you know what would have happened to them if they didn't comply? So now congress wants to blame american business for the administrations mistakes...? Why cause its easier? All this is doing is killing american business if you haven't looked at the markets lately...

    1. Re:Why are businesses punished either way? by PenGun · · Score: 1

      Foolish I know but here goes. The markets lately ... you have no idea.

        You have played fast and lose with the concept of value and now, as it is real, it is time for the reckoning. The depths of indulgence your privileged classes have sunk to and their more and more frantic efforts to make the consequences go away are failing. A recent rate cut provoked ... a market fall. I know you don't understand but the recession ... no, sorry, depression is the word to describe the coming whirlwind.

          It does not help at all that the Chinese recently fought and won an economic war with the USA, which was never even noticed, and owns a very large amount of your country. It's a weapon, they don't care if you can pay.

          I'm not sure how to sell the US short but I am looking for a way.

    2. Re:Why are businesses punished either way? by Anonymous Coward · · Score: 0

      An economic war? You mean like the "economic war" Japan fought and won and who ended up owning tons of assets in America?

      Here's a tip: Money don't grow on trees. A trade imbalance in goods & services is offset by capital investment. You think we print dollar bills and they just keep piling up in China, like Monopoly money? No sir. China sends those dollar bills back to the US as investment, which fuels growth. (Alternative is to use those dollars to buy US manufactured goods; or hoard or burn those dollars, which increases the purchasing power of the remaining bills.) Ever wonder by US GDP growth has been consistently greater than in Western Europe?

      Anyhow, that's all about to change as Europe becomes the great importer; necessarily that means more investment in Europe, which will appreciate the Euro. Oh, I guess that means they'll have to lose some kind of war. America will begin exporting more, as the dollar depreciates. Oh nose!

    3. Re:Why are businesses punished either way? by EEBaum · · Score: 1

      They aren't "orders." It's not a dictatorship. They were requests from one part of the government, requests that were not proper. Qwest didn't comply with similar requests, and there were no adverse consequences for them. This is hardly what's killing American business... look at banking, housing markets, outsourcing, etc. for that.

      --
      -- I prefer the term "karma escort."
    4. Re:Why are businesses punished either way? by sharp-bang · · Score: 1

      Qwest didn't comply with similar requests, and there were no adverse consequences for them.

      Their former CEO says otherwise. Granted, he's a convicted felon now, but that doesn't mean this allegation isn't worth a look.

      --
      #!
  48. Good work! by opencity · · Score: 1

    The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman.

    --
    Physics is like sex: sure, it may give some practical results, but that's not why we do it.
  49. So close to Greatness by laoseth · · Score: 0

    A development like this would come stampeding in on all that like a bull in a china shop. You need to watch more MythBusters http://mythbusters-wiki.discovery.com/page/Bull+in+a+China+Shop?t=anon
  50. Soft on February, 2001 by Beastmouth · · Score: 1

    Yeah, despite the fact that AT&T et al. were asked to do this about 2 weeks after Bush took office.

  51. BOR is So Yesterday by mqduck · · Score: 2, Interesting

    Would someone remind me why we wanted to kick out the Republicans by bringing in the Democrats again? I seem to recall being told that they'd be better than this, but I'm sure it's just me 'cause I always get that feeling after Democrats are elected.

    --
    Property is theft.
    1. Re:BOR is So Yesterday by Copid · · Score: 2, Insightful

      Would someone remind me why we wanted to kick out the Republicans by bringing in the Democrats again? I seem to recall being told that they'd be better than this, but I'm sure it's just me 'cause I always get that feeling after Democrats are elected.
      Personally, my highest priority is seeing to it that the people who squander the public trust and thumb their noses at the American people lose their jobs as a consequence. If the next people afterward aren't any better, dump them too. Don't keep incompetent or malicious leaders around just because their replacements might not be any better. If everybody who acts that way is guaranteed to be a one-term office holder, we'll eventually start seeing some better crops of politicians. Hell, we might even stop attracting such sleaze bags to the job if we stop offering them what they want: unchecked power and influence with no accountability.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  52. Mismatch of definitions. by Ihlosi · · Score: 1
    In the parts of the world that aren't the US, the definitions usually are:



    Republic: The position of head honcho in the country isn't hereditary.

    Democracy: People get to vote on stuff. (Stuff being representatives, bills, or other things depending on the flavor of democracy)

  53. COMPLETE BALONEY by Nicolas+MONNET · · Score: 1

    While I don't favor this, you would be hard pressed to argue that the UN has had a very productive impact in most of the activities they have undertaken. And even when their stuff has worked, it has usually been with the US doing most of the legwork. The UN is mainly an organization that allows its members to say they support international partnerships, while performing relatively few useful functions of its own.


    1. Of the 5 veto-bearing members, the US has been, BY FAR, the one to use it the most. In fact, in the last 20 years, IIRC, it has used it an order of magnitude more than any other member.

    2. The US is / was for years late on his dues to the organizations, so much so that European countries had to pay for them. That's some way to do some legwork you've got here.

    3. Of all the MANY functions the UN performs, of all the many international partnerships it covers, the US is the country to usually block it. You don't have to look very far, just this week the US was AGAIN blocking progress on global warming, ONE country against ALL others. The few exceptions are when its client states (Israel mostly), paid-for foreign governments (Bliar's, Howard's) or bought countries (various pacific island) support its scandalous, unilateral positions.
    Just look at ANYTHING regarding Israel. EVERY country in the world on one side, save for US+Israel voting against, UK abstaining. But you probably believe the neocon line, in which case, you're on the side of the war criminals.
  54. I know. ditch em all. by Scudsucker · · Score: 1

    Along with the Bush Dogs in the House.

  55. Ron Paul by Any+Web+Loco · · Score: 1

    I sincerely wish that /.'s Ron Paul cheerleading squad would look a little deeper into his voting record and stance on issues.

    1. Re:Ron Paul by Jaysyn · · Score: 1

      His voting record & stance on issues are why *most* of us want to vote for him.

      --
      There is a war going on for your mind.
    2. Re:Ron Paul by EllisDees · · Score: 1

      What makes you think we haven't?

      --
      -- Give me ambiguity or give me something else!
    3. Re:Ron Paul by infonography · · Score: 1

      I thought McCain would be the party divider this election but looks like Dr Paul will be pulling a Ross Perot without the crazy. Too bad from him the Republican party label is a kiss of death for presidential hopefuls in 2008.

      --
      Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
  56. adendum by Scudsucker · · Score: 2, Insightful

    While getting every oath breaking (protect the Constitution) coward out of office would be nice, it's not very practical. But that's okay - a few primaries can have great effect. After Lieberman was successfully primaried, the Dems finally pulled their outs out of their ass when it came to criticizing the occupation of Iraq. A few more and the Dems might finally pull their heads out of their asses on ending the war in Iraq and block any legislation that does not have a hard withdrawal date. Jane Harman for example has improved considerably just at the threat of being primaried.

    Republicans fear their base. Too many Democrats deliberately vote against theirs, and with the most unpopular president in history. This is because they think they have nothing to fear from the left or the center, only the right - so they move to the right. Oh, and they crave approval from the Joke Line beltway pundits. They need to learn that is not the case.

  57. Re:Show Appreciation by megaditto · · Score: 1

    This reminds me of the "No Amnesty for Illegals" drive awhile back when the Senate was discussing changes to our immigration laws.

    What I'm curious about is whether it's the same people opposing both of these "amnesties" or just one or the other (XOR?).

    --
    Obama likes poor people so much, he wants to make more of them.
  58. Whats on Cold Fjords mind. by Anonymous Coward · · Score: 0

    http://www.boingboing.net/2007/11/21/top-ten-most-viewed.html

    Wikipedia is "The Free Encyclopedia." What's on the mind of Wikipedia its readers? Here are the top ten most viewed pages on Wikipedia:

    1. Main Page [30,090,900]
    2. Wiki [904,800]
    3. Harry Potter and the Deathly Hallows [413,400]
    4. Naruto [401,400]
    5. Guitar Hero III: Legends of Rock [396,000]
    6. United States [330,000]
    7. Wikipedia [329,400]
    8. Deaths in 2007 [321,300]
    9. Heroes (TV series) [307,500]
    10. Transformers (film) [303,600]

    Conservapedia is "The Trustworthy Encyclopedia." What's on the mind of its readers? Here are the top ten most viewed pages on Conservapedia:

    1. Main Page [1,906,729]
    2. Homosexuality [1,572,713]
    3. Homosexuality and Hepatitis [517,086]
    4. Homosexuality and Promiscuity [420,687]
    5. Gay Bowel Syndrome [389,052]
    6. Homosexuality and Parasites [388,123]
    7. Homosexuality and Domestic Violence [365,888]
    8. Homosexuality and Gonorrhea [331,553]
    9. Homosexuality and Mental Health [291,179]
    10. Homosexuality and Syphilis [265,322

    so Coldie, Gay Bowel Syndrome? is that painful?

    Your doing a heck of a job Coldie

  59. Re:cock block! by infonography · · Score: 1

    What a waste of a perfectly good subject with a absolutely worthless troll. It could have been the basis for a +5 insightful but no you had to make a comment like a 10yr aiming to piss people off.

    --
    Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
  60. What about 'attempted' murder by IndustrialComplex · · Score: 1

    Personally, I've always been against the charge of attempted murder. I don't think that a lesser sentence is necessary simply because the perpetrator wasn't competant.

    Well your honor, while my client did fire the pistol into the face of Mr. Jones, he was a bad shot, and therefore didn't mean to kill Mr. Jones as much.

    --
    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  61. Mod Parent back up. by sethstorm · · Score: 1

    I don't normally believe much in donating to campaigns, and I'm rather doubtful that I want to see Dodd as our next president... But I did want to send a message to some people, so I sent $25 his way.

    Billary and Osama, on the other hand, get bupkiss from me. I'm not impressed. Her Highness the Pre-Crowned is just Repugnican Lite as far as I'm concerned.

    I kinda hope Edwards pulls a Kerry, frankly. Aside from what some want to modbomb into oblivion...

    That would make the race a bit more interesting if we saw an Edwards/Huckabee run race. Either way, you bring economic policy back to a saner level.
    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  62. I'm not saying it is, merely that it changes by Trepidity · · Score: 1

    The exact rights the Court chooses to recognize at any given time changes depending on the political views of the Supreme Court justices. Put some conservatives on the Court and contracts are a Constitutional right; put some liberals on the Court and they aren't. The reverse with abortion.

  63. Your source is an administration "Yes Man" by sethstorm · · Score: 1

    By the looks of this source(and those whom they link towards), there seems to be no real way they're going to object as they have not in previous times. It seems they'd have no problem with abusing this position to throw someone in jail that objected to this - Qwest for example.

    You might as well read any of the other linked blogs and see one voice, one opinion, no room for dissent towards the administration.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  64. Harry Reid by Sloppy · · Score: 1

    My God! He's in Sierra Nevada's pocket too! This explains the hop shortage. (Warehouse fires in Oregon, hailstorms in Slovenia -- they're all just cover stories!) I keep trying to buy cascade hops, and every time I find a supplier, the government MitMs my order, tells me "sold out," and sends the hop availability intell to Sierra Nevada. Dejected by my inability to get ingredients for a pale ale, I drown my sorrows in a few pints of SNPA. It all makes perfect sense, now.

    ;-)

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  65. When will they learn? by Fujisawa+Sensei · · Score: 1

    When are they going to learn that right after they grant immunity, they find out exactly how bad things really were they they regret doing it because they can't punish the people responsible.

    They need to subpoena people, make them testify, and if they don't know or don't remember, make them responsible to find out and hold them accountable. Let them know that the Alzheimer's defense doesn't work any more, by holding them in "Contempt of Congress" or perjury. Memories will start getting better, and people will start showing up prepared to answer the questions, when the realize that failure to properly prepare could land them in prison.

    --
    If someone is passing you on the right, you are an asshole for driving in the wrong lane.
  66. So you are OK with illegal wiretaps by Anonymous Coward · · Score: 0

    as long as you can keep your guns?

    Keep firing away.

    The NSA is keeping track of your every bullet anyway

  67. :not exactly a good post by GerberBaby16 · · Score: 1

    "He seems to like the Thought Crime concept. Rather than merely punishing people for bad actions, he supports the idea that we should try to guess if a criminal might hate his victim. Extra years in prison for Thought Crime makes sense to him." Another person who doesn't know the meaning of the words "thought crime." What you are calling "thought crime" is actually "mens rea" and it is a basic staple underpinning the entire legal framework of Western civilization. Of course you take into account a perpetrator's state of mind, and adjust their punishment accordingly. We've been doing that centuries before America was even colonized. That isn't "thought crime" at all. It's appropriate sentencing. This isn't a very insightful post and should be down-graded.

  68. Re:Now only (Free Market) by bwcbwc · · Score: 1

    The free market has no inherent quality that makes it more or less "correct" than anything else. It is not a natural order, it is not a universal truth or force.

    Actually, the free market is a natural order. It's the law of the jungle. Right now, China's economy is probably the free-est market around in that if you bribe the right people you can pretty much sell whatever you want, at least to foreigners. Look at the results: fantastic economic growth coupled with insane amounts of pollution, poisoning and dangerous products being sold. Not to mention the speculative bubbles in the Chinese financial markets.

    On the other hand, free market economics as traditionally discussed in educational and political circles is just as much of an ivory-tower concept as socialism. Where socialism falsely postulates that individuals will rationally limit their consumption in order to make production available to other members of society, free-market economics falsely postulates that all market participants share all the information they have about the market, and provide equal access to that information to all market participants. We gave up on trying to actually use this model in the U.S. in the 19th century when the government cracked down on the snake-oil salesmen and other purveyors of useless drugs.

    So socialism ends up bringing government management of the economy in order to balance production, demand and distribution. In essence to make sharing rational. The free market brings government management of the economy in order to balance information about the economy.

    This last might not be clear, since on the face of it, the government has tons of regulations regarding product quality, fiduciary responsibility and thousands of other economic bits. But at their core, all of these laws prevent suppliers from hiding negative information about their products and services, or buyers from hiding information about the value of their payment. So market participants have assurance that in almost all cases, products satisfy the regulatory requirements, and in most cases (or at least a sufficient percentage to achieve a deterrent effect) where products fail to satisfy the requirements they can be prosecuted. The government also regulates things like pollution, where production of a product or service damages common property. From a market perspective ensures that more of the hidden costs of producing a product are actually reflected in the price.

    And of course all bureaucracies enact regulations that allow the bureaucracies to remain funded and perpetuate. In its own way, the government is a market itself, where legislators, voters, lobbyists and bureaucrats all negotiating trading prices for votes (both election and legislative), taxes, campaign funds, budget dollars, government services and other marketable items within the government economy. From this perspective, Dodd seems to pander to the voters a bit more than the lobbyists. Most of his "questionable" votes were in response to "crises" (as perceived by the public) like terrorism and the anarchy of the internet.

    --
    We are the 198 proof..
  69. Really mod my parent up! by Stephen+Ma · · Score: 1
    If it is part of his war powers then we actually need a declaration of war. This crap that has been pulled the last 60 years of getting us into "conflicts that aren't wars" is bullshit and an end run around the Constitution.

    Absolutely true. The Constitution has been really suffering lately.

  70. free market and healthcare is very difficult... by big_paul76 · · Score: 1

    Much in the same theme as the essay on "The Market for Lemons", there's a number of fundamental problems with attempting to apply free-market solutions for health care. First of all, without something like the FDA, placebo effect means that there's essentially no way to tell snake oil from antibiotics. So you need a minimal level of regulation.

    The assumption of the free market is that if you don't like what you get from vendor A, you can shop around to vendor B or C or D.

    But when you get shot or injured in a traffic accident, it's not like you're going to haggle with the paramedics on price. You need to go to the hospital, or you die.

    So since buyers can't just decide to "do without" lifesaving surgery (or any other medical treatment), then there's no reduction of demand as prices increase.

    Finally, take the example of an HIV vaccine. Now, granted, some researchers suspect that it may be flat out impossible. But if you look at the economics of the situation, what society as a whole needs is a vaccine. But what drug producers need is a steady revenue stream. A one off solution like a vaccine has a very low profit margin, especially compared to taking a couple dozen pills every day for the rest of a patient's life. So there's very little incentive to put R & D into a vaccine. (arguably, there's even an incentive to prevent others from working on one, but I'm not wearing my conspiracy theory hat today...)

    These examples are not exceptional 'edge cases'. These sorts of problems are common in many marketplaces, and may not be solvable problems. So let's be very, very, careful when we talk about free markets and heath care.

    --
    The plural form of "anecdote" is "anecdotes", not "evidence".
    1. Re:free market and healthcare is very difficult... by tilde_e · · Score: 1

      I trust private Kosher certifications more than FDA regulation. That aspect of your argument defends regulation but not government regulation per se.

      I also don't buy your argument about vaccines. There is an analogy to that in the IT world - virtualization. Virtualization allows businesses to consolidate many servers into fewer with less overhead, but it also means selling less hardware. And guess what, I work for a company that has a primary revenue of selling servers yet it goes to road shows touting virtualization and invests in the software to enhance it. Why? Because they can try to sell servers all they want, but they must keep up with the shifting market. Selling 20 servers to a new customer instead of 100 is better than a competitor selling those 20 servers instead.

    2. Re:free market and healthcare is very difficult... by big_paul76 · · Score: 1

      OK, fair enough, FDA and drugs is an argument for _regulation_, not specifically an argument for government regulation. A hypothetical impartial certifying body of any sort would do.

      However, I'm not sure the analogy holds from vaccines to virtualization.

      First of all, most companies that do servers make money off supporting them, so even though virtualization means selling less hardware, you've got a revenue stream from service/maintenance.

      Secondly, there's lots of competition from other players. Like you say, if you don't sell a client on virtualization, somebody else will. I'm not sure that you can say the same thing about the biotech industry. Barriers to entry are much higher to start a pharmaceutical manufacturer than to start a company that sells servers.

      Finally, the magnitude of "revenue lost due to selling less servers due to virtualization" compared to "revenue lost if nobody needed anti-retroviral drug cocktails anymore due to vaccines" can't really be compared. And on a long-term perspective, virtualization will not ever take us to a point where people don't need new servers. But development of an effective HIV vaccine will eventually reduce demand for anti-retroviral drugs to zero.

      That all aside, here's the problem with free market theories in health care: You can't decide to 'go without'.

      The way free markets are supposed to work is, I offer something to you for sale in the marketplace. You evaluate based on price, quality, etc. If you believe that the price is too high, you decide not to buy it. Either get an alternative product/service, or do without.

      But when you're in a car accident or get shot and need surgery, you can neither shop around nor can you 'do without'.

      This kind of throws a monkey wrench into how free markets are supposed to work.

      And this is of course, without even discussing the fact that the USA is unique in the developed world in seeing health care as a commodity. Every other industrialized country in the world puts health care in the same category as police/fire services, roads, public sanitation, national defense, etc.

      It's something you get, irrespective of your income, willingness, or ability to pay. (Note that I'm talking medically necessary procedures only, and what exactly is "medically necessary" is open to debate) Speaking as somebody living in Canada, the idea of having to pay a bill for going to my doctor or going to the hospital is as alien as watching 'star trek'. Pop into a doctor's office or hospital waiting room in Canada and ask people "how much this gonna set you back" and you'll get a sea of blank faces.

      So, in the American system, you got 2 million people employed full-time to deny claims, you got the most expensive health care system in the world, per capita, and you've got worse health-care outcomes than Canada or the UK or Sweden or France.

      I don't get it. How can you any American support the status quo? What, you just love insurance companies that much or something?

      --
      The plural form of "anecdote" is "anecdotes", not "evidence".
    3. Re:free market and healthcare is very difficult... by sqrt(2) · · Score: 1

      Most of us don't like the current situation, and there's a growing movement to get it changed. I back a system much like what you have in Canada, and we're getting close to making it a reality.

      --
      If you build it, nerds will come. Soylentnews.org
  71. Hate Crime by quintessencesluglord · · Score: 1

    I get it.

    So when a black man dares to commit a crime against a white person, he should get 50 lashings on top of his beheading for daring to intimate a white man.

    And should someone of a lessor stock get uppity with their superiors, more jail time to send a clear message that this terrorism will not be tolerated!

    </sarcasm>

  72. case study of the wingnut mind by Scudsucker · · Score: 1
    Only a wingnut could think that a

    Poorly conceived, but never implemented plan to give law enforcement backdoor access to computer systems if given a warrant
    is somehow worse than

    Actually spying on Americans on a massive scale without warrants. Furthermore, the justification for this program is The War On Terrah. Except the NSA wiretapping started before 911 and didn't stop it.
    Stork, this is exactly what Ben Franklin (allegedly) was talking about when he said:

    Those who trade freedom for security deserve neither, and lose both
    So what makes attempted key escrow so bad under Clinton, but NSA wiretapping a-okay under Bush? Clinton did it. So, stork, let's the play the "what if Clinton did it" game:

    What would be the wingnut response if:
    • Clinton apologized to a communist government for a mid-air crash clearly caused by their pilot
    • Clinton was warned point blank that Al Queda was determined to attack the U.S., possibly using hijacked airplanes as weapons, and ignored it
    • Clinton sat around on his ass and read a children's book for 20 minutes when he knew the nation was under attack
    • Clinton was warned point blank that a coastal city was in danger of being destroyed by a hurricane, and rushed!...to go on vacation
    • Clinton stays on vacation after hurricane hits and destroys said coastal city.
    • Clinton lied us into attacking and occupying another country
    • Clinton's administration did zero planing for how to run said occupied country
    • Clinton fired United States Attorneys because they wouldn't press bogus cases against Republicans just before an election
    • Clinton started a massive wiretapping program, without warrants, with the NSA
    • Clinton's DOJ held American citizens in jail, without trial, and tortured them (yes, sensory deprivation is torture)
    • Clinton tried lying us into war again on Iran
    • Clinton routinely used recessed appointments to get around the Republican Senate. Remember how Republicans freaked out when Dems discussed filibustering a few of Bush's nominees, when the UpOrDownVote party blocked 60 of Clinton's?
    Considering the wingnut Republicans impeached Bill Clinton over a blowjob (no, it was NOT for lying under oath), I'd imagine he'd be strung up by his testicles in some cave with a permanent blood transfusion so they could torture him 24 hours a day. You guys should go for some truth in advertising and change your name from the Republic Party to the Giant Fucking Hypocrisy Party.

    It's just a socialist joke.

    So if Democrats are socialists for objecting to unconstitutional wiretapping, that would make the Republic Party communists for complaining about FBI files, right?

    Seriously stork, I don't know why you even bother replying anymore when I catch you trying to spread your BS. You're Charlie, I'm Lucy, and I pull your football of lame talking points out from under you every time.
  73. seeing how things worked out by Bearpaw · · Score: 1

    It isn't as clear a topic as many folks represent it to be, which is a good reason to keep regulations regarding it down at the state level... Part of the functions of a state is to be "experiments" in law for the rest... each can try their own ideas out, and every one can see how things work out.

    We've already seen "how things work out" in those experiments. Things were really, really bad .
  74. Murder vs. Attempted Murder by BaronElectricPhase · · Score: 1

    I have often wondered...

    Why should someone be punished any less for having poor aim? (timing/knowledge/experience/etc...)

    Shouldn't the punishment be based on intent instead of ability?

    It's the *thought* that counts, not the execution (pun?) of said thought...

  75. You are simply confused...you poor thing. by wilec · · Score: 1

    You are simply confused as to what is behind the obsessive interest this bunch has with the communications and other private affairs of American citizens. The target is not international terrorist groups or drug cartels. What this is all about is getting as much data as possible on domestic malcontents. These include, but are not limited to, some pretty radical and well heeled militia groups that operate far enough within the law to prevent monitoring by normal (ie:legal unconstitutionally sanctioned) methods.

    The misuse of the FISA court to enable the NSA wiretapping agenda, the Patriot Act I and II and other such provide a means to circumvent the public face of the judicial system to allow the secret operation of unconstitutional programs. Of course there is also the advantage that via the same methods they could also generate enough fear quiet other citizens like journalists. Taken far enough these programs are bound to stir up the more radical, and usually well armed factions. I cannot not help to think that the current bunch of nitwits is trying to stir the stink and cause an event that will allow them to take even more radical steps to consolidate power.

    The big picture is rather chilling. This nation has had problems from the start with things like the slavery and segregation of blacks, genocide and apartheid of native peoples, bondage and serfdom of Irish, Asian and other later immigrants, and the more recent abuses of Hispanics. It has serious problems with wealth distribution and it is getting worse all the time. It has a judicial system that operates in relation to the $$ one has to spend on bribes, oops sorry "on qualified representation". The methods we have used over the years to elect representatives has always been far from perfect, but seems to be on the brink of collapse lately. The horrendous laws that have been passed in recent years, combined with the total lack of respect for that "god-damned piece of paper" by a bunch of nitwits, well I see a storm on the horizon.

    Yet YOU STILL believe what that chicken hawk and some right wing blog says, you poor thing. Just be careful where you stand when the storm arrives. Quit reading and listening to the same old shit, dig around some. Things are not the way BillO says they are, not at all.

    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety" Benjamin Franklin

    "An appeaser is one who feeds a crocodile, hoping it will eat him last." Winston Churchill

      When the people fear their Government, there is tyranny. When the Government fears it's people, there is liberty.." Thomas Paine

    Wabi-Sabi
    Matthew

  76. Your making the wrong point by wilec · · Score: 1

    "The Supreme Court also has a long history of inventing rights not explicitly mentioned in the Constitution, which are later overturned."

    SCOTUS nor any other government entity has EVER invented a right. All rights not explicitly defined or disallowed in the constitution are retained by the people. The fact that a specific SCOTUS, POTUS, COTUS or other butthead(s) chooses to misinterpret, misapply or outright ignore or violate the constitution has no bearing on what it is or what rights it defines. The example you specified for instance on the minimum wage laws was simply a dirty attempt to thwart constitutional granted congressional power to regulate commerce and contract law by misdirection and misapplication of the constitution. The conservatives had a much larger agenda than the minimum wage law, it was just a tool. They intended to muckup several areas of government relations with business in the regulation of commerce and in contract law. Hell they have been at that same mud hole for the better part of at least the last 150 years or so. An economic survival of the slickest. The belief that government should not interfere with ones ability to take any advantage of any opportunity one has to increase ones holdings, regardless of the harm it could cause to the knaves.

    Why do so many have trouble understanding this article of the document? It is so damn simple and should be honored as the most hallowed writ in the constitution. Most of the first eight articles of the Bill Of Rights could have actually been left out and article nine would have covered them anyways. The only reason they were explicitly defined is that those were where the framers had seen the most onerous abuse from the crown and thus they wanted to make a especially strong statements on those issues. Yes I wish they would have had the foresight to explicitly define a few more rights, but overall I think they did an amazing job. What would it matter anyways when you have so many willing to ignore or violate it outright, with so many others apparently willing to support or ignore the transgressions.

    Article ten has a similar nature but is more targeted to the greater body of the constitution and thus on issues like congressional powers to regulate commerce and contract law rather than mostly focused on the Bill Of Rights as nine is. This elegant document has been a great inspiration for so many across the world in the last couple of century's. It is a shame than so many in this nation have such a shallow understanding of it and so little respect for it. But then again we have a sitting president that has the gall to say:

    "Stop throwing the Constitution in my face," Bush screamed back. "It's just a god damned piece of paper!"

    The situation in America is a frackin shameful mess. I think the people that penned that wonderful document would be appalled and very ticked off as well. I think Franklin would tell us all to grow some hairy ones before we piss it all away.

    Wabi-Sabi
    Matthew

    Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.