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Will ACTA Be Found Unconstitutional?

DustyShadow writes "Harvard's Jack Goldsmith and Lawrence Lessig have an interesting op-ed in Friday's Washington Post, arguing that it would be constitutionally dubious for President Obama to adopt the Anti-Counterfeiting Trade Agreement (ACTA) as an executive agreement. '[T]he Obama administration has suggested it will adopt the pact as a "sole executive agreement" that requires only the president's approval. ... Joining ACTA by sole executive agreement would far exceed these precedents. The president has no independent constitutional authority over intellectual property or communications policy, and there is no long historical practice of making sole executive agreements in this area. To the contrary, the Constitution gives primary authority over these matters to Congress, which is charged with making laws that regulate foreign commerce and intellectual property.'"

260 comments

  1. I hope so. by portalcake625 · · Score: 2, Insightful

    This isn't just piracy anymore.
    It's Big Brother. And it's all linked together, you're always locked to BB.
    Screw it.

    1. Re:I hope so. by commodore64_love · · Score: 4, Insightful

      Yes.

      But if I say something like "This is why I don't like Obama. He's just a continuation of Bush's anti-liberty/anti-individual rights policies," I'll get modded down.

      Watch.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:I hope so. by multisync · · Score: 3, Insightful

      But if I say something like "This is why I don't like Obama. He's just a continuation of Bush's anti-liberty/anti-individual rights policies," I'll get modded down.

      Watch.

      Right. Cause no one with a right-wing bias ever got mod points. You contribute a lot to the discussions here, and should know better.

      What I'd like to know from the "right" is where is the outcry over this? You and I may not agree on the value to the individual of universal health care, but why isn't the well-organized right wing anti-health-care-reform sect holding ACTA up as an example of Obama sacrificing personal liberty to appease a few corporations?

      If Sarah Palin is really interested in preserving the personal liberties of the citizens of your country, and not just in getting herself on the ticket (or getting speaking engagements and selling books), she should show some leadership on *this* issue.

      --
      I don't care why you're posting AC
    3. Re:I hope so. by commodore64_love · · Score: 1

      Well in the Slashdot article about the Nuclear arms treaty:

      - One guy praised Obama and said he's a great guy because he passed both that and healthcare! Modded to +5 insightful.

      - I said Obama deserves credit for the arms treaty, but healthcare is going to end-up in me being fined $1000 plus an extra $1500 in personal taxes (according to CNN). I was modded -1 Troll.

      Apparently we're not allowed to post anything about Obama unless it's positive.
      It's a form of censorship.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:I hope so. by Insanity+Defense · · Score: 1

      Apparently we're not allowed to post anything about Obama unless it's positive. It's a form of censorship.

      Rather like "You're either with us or against us" and "Why do you hate America?" when you opposed Bush (II). No real change.

    5. Re:I hope so. by davester666 · · Score: 1

      They are going 'dammit, we can't publicly agree with Obama, because he is evil incarnat, but we do completely agree with and support ACTA, so we just won't say anything'.

      --
      Sleep your way to a whiter smile...date a dentist!
    6. Re:I hope so. by Sir_Lewk · · Score: 0, Offtopic

      Both of you were modded unfairly. You both should have gotten -1 Offtopic.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    7. Re:I hope so. by multisync · · Score: 1

      I'm sure we could sit here all day holding up examples of piss poor moderation on Slashdot. I've browsed at -1 for years for that reason. But I don't believe there is a "hive mind" targeting anti-Obama comments; just a growing number of extremists (from both sides) who maintain enough troll accounts to ensure mod points are always within easy reach.

      That fact that you experience it first hand is probably an indication that you post a lot and don't shy away from giving your opinion. I don't see a "liberal bias" here, any more than I see a "right wing agenda." But given what you just experienced, I guess I can understand you feeling that way.

      I absolutely agree that using the moderation system to bury a comment simply because you don't agree with it is a form of censorship.

      --
      I don't care why you're posting AC
    8. Re:I hope so. by multisync · · Score: 1

      Both of you were modded unfairly. You both should have gotten -1 Offtopic.

      Actually, at this point we haven't been modded at all, and I would argue that is appropriate for this type of metadiscussion. We aren't trying to delibrately hijack the thread; we've simply gotten off on a tangent like people do in real life. Who sticks to "topics" in face-to-face conversations. The content of the discussion is whatever we choose to make it.

      Besides, I think the case could be made that both of our comments addressed the topic. The lack of organized opposition to this issue - despite the loss of personal liberty that will result from it - is at least partially due to the secrecy of the process, and the underhanded manner in which it's being implemented.

      Okay, okay ... nice try.

      We were totally OT.

      --
      I don't care why you're posting AC
    9. Re:I hope so. by sonicmerlin · · Score: 0, Troll

      I wouldn't say commodore "contributes" to the discussions. It's more like he flames them by adding right-wing drivel.

    10. Re:I hope so. by sumdumass · · Score: 0

      How about they aren't saying much of anything because as of right now, it's all talk. Nothing except the negotiations has been done concerning the ACTA. What we do know about it comes from questionable sources so there really isn't much to officially say unless you don't mind looking like some conspiracy kook when Obama sees how wrong sneaking this in would be and presents it to congress for ratification.

      And when I say questionable sources, I don't mean the people reporting on it is questionable, I mean the way it was obtained and made available is questionable. Seriously, would you stake your career on a leaked document that can't be verify as completely factual?

      Obama may be evil incarnated, he may be just another disillusioned idiot, he may be a lot of things, but there is plenty of reasons to remain somewhat silent without any of that coming into play.

    11. Re:I hope so. by Runaway1956 · · Score: 2, Insightful

      "What I'd like to know from the "right" is where is the outcry over this? "

      A: Few people know about ACTA, unless they are nerds, geeks, moderately serious pirates, or representatives of the industries with a stake in ACTA

      B: Few people who HAVE heard of ACTA care one whit. They don't understand the potential, and don't care to explore the possibilities. Doing so would move them uncomfortably close to the line of becoming a nerd, geek, or pirate.

      C: Few people who have a clue have the balls to speak up. It's a bit like protesting draconian laws against child pornography - it makes you suspect to do so. And, let's face it - almost no one who isn't pirating, or at least downloading "illegal" content does care about piracy law.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    12. Re:I hope so. by blitziod · · Score: 1

      the problem is simple...free speech is only restricted at the extremes. People do not understand that the law that today is only used to restrict child porn, will be used next year to fight piracy then bloggers then any unpopular speech. The right is usually rather transparent. If the "moral majority " types want to outlaw say lesbian porn or flag burning they make a law against it. the left are a little more sneaky. They use lawsuits mostly. Or pass laws that will enable lawsuits. Think workplace laws that have gone from protecting women from being required to submit to groping in the workplace to now outlawing dirty jokes. Also the left tends to favor lawsuits and other ways that do not require a statute. This allows for the current goverment, courts, etc to use a very subjective review of the type of speech. Making "hate speech" against right wing groups less likely for example to be punished. Or making ELF less likely than operation rescue to be prosicuted for acting on their respective semi-terrorist agendas.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    13. Re:I hope so. by Sir_Lewk · · Score: 1

      Read the post I was replying to. He specifically stated that he was modded troll while another was not. Those were the two posts I was saying should have been modded offtopic.

      we've simply gotten off on a tangent like people do in real life

      Hence an offtopic moderation... Deliberate attempts to derail conversations get a troll mod.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    14. Re:I hope so. by DJRumpy · · Score: 1

      He was most likely modded a troll because it's well known the cost will be $750 maximum, and that will only apply to people who do not have any coverage (those with coverage won't even notice a difference). That $750 also only applies to those who make more than 4 times the poverty limit. Anything less and they will receive government aid to defray the cost. Claiming Obama is just an 'extension of Bush' is also trolling simply because it's too general, and smacks of something you would hear on Fox or some opinion poll. Is he secretive? Yes. Has every president been secretive since the first? Yes. That alone does not make him "Bush v2" and to claim otherwise is disingenuous and frankly why such posts get modded as trolling.

      As Obama hasn't signed anything like the Patriot act and hasn't had any real significant affects on civil rights in the same vein as Bush did, the argument is just a straw man.

      That said, on the topic of Executive Orders, the office of the president only has the power to issue an executive order using authority specifically granted to him by congress. It is not some general 'wildcard' power that the executive branch can just use at a whim to bypass congress:

      http://en.wikipedia.org/wiki/Executive_order_(United_States)

      "U.S. Presidents have issued Executive Orders since 1789. Although there is no Constitutional provision or statute that explicitly permits Executive Orders, there is a vague grant of "executive power" given in Article II, Section 1, Clause 1 of the Constitution, and furthered by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 4. " There is a reason his is called the Executive Branch, and not the Legislative Branch.

      Unless congress specifically gave him the right (and I hope some constitutional lawyers will chime in here) to enact such a wide ranging and binding executive order, it would most definitely be challenged.

    15. Re:I hope so. by DJRumpy · · Score: 1

      The simple inclusion of 'overrated' and 'underrated' is explicit permission to censor a comment, and rightly so. Were we restricted to 'Insightful' and 'Trolling' (the true definition of trolling that is), I would agree it could be called 'censorship' if used in that way.

      Knowing that this is not the case, and we are allowed to spend our points specifically to 'bury a comment' using mods like Overrated, it is not censorship, it is "expressing our moderator opinion", no?

    16. Re:I hope so. by DJRumpy · · Score: 1

      Sorry about that. I neglected to include the information from Article II, Section 1, Clause 1 of the Constitution:

      "Clause 1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows "

      This to my mind just clarifies that he is the executive branch, and it doesn't in and of itself grant any additional 'powers' to that office. That would imply that any powers granted would need to be given by Congress.

    17. Re:I hope so. by commodore64_love · · Score: 1

      >>>As Obama hasn't signed anything like the Patriot act

      He signed the Patriot Renewal Act. That certainly qualifies as "something like" the Patriot Act. He also came-up with Bush-like ideas such as tracking cellphones so he or his executive agencies will know where everybody's located. And the idea to turn-off the internet whenever any president feels like it. (I don't think Obama would abuse that power, but I'm concerned about the next one.)

      And of course he's extended the war, when it really should be ended. Now. Those enumerated reasons are why I am feeling as if we were duped, and are just getting more Bush.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  2. Re:The people's will by Jurily · · Score: 0, Offtopic

    Yeah. It's not like the US actually cares about international agreements they don't like, anyway. See Kyoto.

  3. Only hope has passed... by cbope · · Score: 5, Interesting

    I believe the only hope in passing ACTA was to keep it secret. The cat's out of the bag with the leaked and commented document. Yes, I've read it and yes it's very scary. Much of it goes way beyond countering counterfeiting and piracy.

    Now that the public has access to the leaked document, hopefully a lot of people will read it, make their own conclusions, and let their representatives know how they feel about it. That's the way to defeat this. At least here in the EU, our MEP's have said wait a minute, let's take a deeper look into this.

    If ACTA passes as it is today, we are all going to be screwed. Keep up the pressure on your elected representatives.

    1. Re:Only hope has passed... by flyneye · · Score: 5, Informative

      I wrote my senators and congressman. It took 5 minutes of my time using copy/paste after I wrote the first one.
      Finding their contact pages was easily googled , just put in the term" [your state here without brackets] senators" and another "[your state here without brackets] congressional district map" should get you there. Bookmark for future reference. Without any input from people, these clowns will pretty much do whatevers convenient for them at the time. Speak up and be heard, they are your voice and this is your interface for representation.
      If you do nothing or maintain and spread the false attitude that your opinion won't be heard, you have no right to complain about your government.
      Your message may not be personally read, but the information is used like poll info to let them know what their constituents are thinking.
      Get on with it, pull up a tab and DO IT NOW!

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    2. Re:Only hope has passed... by commodore64_love · · Score: 2, Insightful

      I wrote all 535 (well almost - a few I couldn't locate). And before you say I shouldn't do that, I'm merely following the example of folks like Tim Geitner, Congressman Murtha, Charlie Rangel, Vern Buchanan and so on.

      Apparently the American House/Senate now operates on the same principles as the Old Roman Senate. (For those that don't get the reference, replace Roman Senate with Star Wars' Senate.)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:Only hope has passed... by WNight · · Score: 1

      They KNOW what we're thinking. That's why they rush to pass ACTA.

      All a "representative democracy" does is make a dictatorship look like you have some say. It combines the worst aspects of mob rule and tyranny.

      How about this: "Dear Rep, I do not agree you have the power to sign treaties for me - in your dealing, please make clear that you do NOT speak for everyone."

    4. Re:Only hope has passed... by shentino · · Score: 1

      Since ACTA is classified, a note like that would probably be forwarded to the FBI to find out how the fuck one of their constituents got ahold of it in the first place.

      I think there needs to be another Doe v. Ashcroft type case where someone sues over it anonymously.

    5. Re:Only hope has passed... by Macrat · · Score: 1

      You don't mention printing and mailing the letter.

      You don't actually think they actually look at e-mail do you?

    6. Re:Only hope has passed... by beriukay · · Score: 1

      Why spend all that time and effort googling when you could just reap the benefits from someone who is stalking your legislators for you? Like these guys: http://legistalker.org/

    7. Re:Only hope has passed... by slashdotjunker · · Score: 1

      Why should I write to my senators? I want to vote on the law myself. In this day and age of worldwide digital communications why we don't have direct citizen voting on laws is beyond me.

    8. Re:Only hope has passed... by Anonymous Coward · · Score: 0

      Why should I write to my senators? I want to vote on the law myself. In this day and age of worldwide digital communications why we don't have direct citizen voting on laws is beyond me.

      The fact that the reason is beyond you is why you're not allowed to vote directly.

      We supposed to vote for people to represent us. Not average people. Extra smart people. These people are supposed to read the bills and study the issues, and then make INFORMED decisions.

      That's what is supposed to happen. Then they started to have "TV debates". TV debates are where a group of half-whits attempt to look dignified on camera as there image is splattered across the nation. They attempt to eloquently answer questions posed by another half-whit on varied subjects they barely understand. The populace is then whipped into a frenzy by misuse of bad logic over minor issues, and then given a chance to select which half-whit will represent them for several years. While everyone is distracted by this song-and-dance, the half-whit's handlers retreat to the backrooms to make up laws to suit themselves.

  4. Uh, isn't that covered in the constitution already by Rich0 · · Score: 3, Informative

    Ok, let's read Article II, Section 2 of the US Constitution:

    He [the president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;

    So, how is a trade agreement not a treaty?

  5. More proof by Schraegstrichpunkt · · Score: 3, Insightful

    This just goes to show that ACTA is really all about policy laundering.

    1. Re:More proof by shentino · · Score: 1

      Whoever came up with the idea to classify it should be commended for devilishly twisted smarts.

      Nice end run around the first amendment's "petition the government for a redress of grievances" there, making the subject of the complaint a federal offense to even discuss.

  6. The Constitution by MindlessAutomata · · Score: 4, Insightful

    Appeals to the Constitution are not necessary. Modern political thought is wishy-washy on the Constitution--it's something to trot out as a convenience if it agrees with you, but also safely ignored if the Constitution runs contrary to your agenda. And, hell, whose to say you can't just reinterpret it through a postmodern perspective (as a "living document")?

    The sheer amount of 5-4 decisions on the court should indicate that the court makes political decisions, and not merely informed, unbiased interpretations of law. The fears, wants, desires, and agendas of the judges affect constitution rules moreso than whatever the constitution itself says.

    1. Re:The Constitution by tm2b · · Score: 5, Insightful

      The sheer amount of 5-4 decisions on the court should indicate that the court makes political decisions, and not merely informed, unbiased interpretations of law.

      Not really. It just suggests that cases where the law is clear (and thus would have larger majorities) don't tend to make it to the Supreme Court.

      --
      "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
    2. Re:The Constitution by DoofusOfDeath · · Score: 1

      The sheer amount of 5-4 decisions on the court should indicate that the court makes political decisions, and not merely informed, unbiased interpretations of law.

      There's other evidence for that conclusion as well. On NPR a few weeks ago, there was an interview with some guy who studies the SCOTUS. He claimed that there have been numerous times that a Chief Justice bribed other Justices, who were on the fence, to rule the way he wanted them to, by offering to them the privilege of authoring the majority opinion in the ruling.

      I that's true, I for one would like to see all Justices who engage in such a transaction hanged for treason.

    3. Re:The Constitution by bhagwad · · Score: 1

      Make that "living and breathing" document!

    4. Re:The Constitution by insufflate10mg · · Score: 2, Interesting

      That doesn't seem to make much sense, though. "Here buddy, if you flip-flop your political position I'll give you the ability to publicly endorse mine!"

    5. Re:The Constitution by Anonymous Coward · · Score: 0

      Even when this is made to the Supreme Court, guess who Obama nominated for the Supreme Court?

      http://news.cnet.com/8301-13578_3-10157381-38.html

    6. Re:The Constitution by NeutronCowboy · · Score: 1

      If you listened more carefully to the broadcast, you'd have noticed that they explicitly said that it is a very, very subtle and very, very faint way of trying to convince somebody. I.e., you're not going to convince somebody who has some legal objections to a law. But you might get to sway somebody who is really on the fence over it... in which case it is similar to "If you vote with us, you'll get to go home tonight instead of continue to sit in this jury box."

      --
      Those who can, do. Those who can't, sue.
    7. Re:The Constitution by DoofusOfDeath · · Score: 1

      If you listened more carefully to the broadcast, you'd have noticed that they explicitly said that it is a very, very subtle and very, very faint way of trying to convince somebody. I.e., you're not going to convince somebody who has some legal objections to a law. But you might get to sway somebody who is really on the fence over it... in which case it is similar to "If you vote with us, you'll get to go home tonight instead of continue to sit in this jury box."

      I think you're only arguing about a quantitative difference, not a qualitative one. And your second example, regarding juries, is nearly as troubling to me; the only difference being that the SCOTUS decisions usually have broader impact.

      If a Justice is really that on the fence about a decision, he can always abstain.

    8. Re:The Constitution by feepness · · Score: 1

      After all, it's just a godamn piece of paper.

    9. Re: The Constitution by Black+Parrot · · Score: 1

      The sheer amount of 5-4 decisions on the court should indicate that the court makes political decisions, and not merely informed, unbiased interpretations of law.

      And with five dedicated to ruling for the benefit of the largest corporations, ACTA is a shew-in.

      --
      Sheesh, evil *and* a jerk. -- Jade
    10. Re:The Constitution by michaelhood · · Score: 1

      And your second example, regarding juries, is nearly as troubling to me; the only difference being that the SCOTUS decisions usually have broader impact.

      If a Justice is really that on the fence about a decision, he can always abstain.

      Broader? I guess; but a jury trial could be, and often is, deciding someone's fate- literally.

  7. Re:The people's will by Anonymous Coward · · Score: 0

    Go back to school, do not pass go, do not collect grant money.

  8. Re:Uh, isn't that covered in the constitution alre by betterunixthanunix · · Score: 4, Insightful

    It is not being called a "treaty" because then the senate would have to vote on it, giving the American public a small window of opportunity to review it and decide whether or not we want it. Copyright lobbyists know that would be bad news for them, since they have not yet convinced the American public that their business interests are more important than our rights and freedoms (but they are working on that -- brainwashing schoolchildren and all), so they convinced their friends in the White House to sidestep democracy. Really, these people have no interest in freedom or democracy, unless it applies to them and their business; when it is inconvenient, they are quick to abandon it.

    What is scary is that we have a president who stands with them on it.

    --
    Palm trees and 8
  9. Rule by proclaimation? by mrmeval · · Score: 3, Interesting

    Do we need a new revolution?

    --
    I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    1. Re:Rule by proclaimation? by couchslug · · Score: 2, Insightful

      "Do we need a new revolution?"

      Things aren't difficult enough to drive revolt.

      People don't revolt when there is no freedom (the odd exception of the American Revolution aside), they revolt when there is no feud.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    2. Re:Rule by proclaimation? by CrimsonAvenger · · Score: 1

      they revolt when there is no feud.

      Two things:

      1) There will always be a feud somewhere, so that condition would never apply.

      2) I expect you meant "food", not "feud".

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    3. Re:Rule by proclaimation? by mrmeval · · Score: 1

      You have to have a large and irritating change in a very short period of time coupled with a disconnection from the central authority. That disconnection has to be both ways and can be in travel time or in communication or preferably both.

      I do not think a revolution can happen in a 1st world country with the level of interconnections and communication we have unless that 1st world country devolves into a 3rd or 4th world country. It's possible that war, disease, natural disaster or other calamity could damage it enough for that to happen.

      A coup can happe if carefully orchestrated but not a popular revolution though I'm mostly basing that on Revolt in 2100 and some scholarly thought experiments that were the offspring of it.

      --
      I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    4. Re:Rule by proclaimation? by KDR_11k · · Score: 1

      Panem et circenses, the question is just which half he was referring to.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    5. Re:Rule by proclaimation? by Anonymous Coward · · Score: 0

      Most of the people are no better than animals. For example: if you introduce a large irritation to something, even a single celled organism, it will produce more of a reaction to try and remove the irritation. A small irritation will produce a small reaction, often not big enough to remove it. If it stays, the (animal) will get used to it, allowing you to increase the (problem).

      Take away small rights, the people get used to it over time. Take away more, not too quickly, and they will get used to that as well. Pretty soon they'll have no freedom at all. That 'treaty' will censor the internet, letting the corps decide what is allowed to be on it. Basically the internet will become like television.

    6. Re:Rule by proclaimation? by mrmeval · · Score: 1

      You should have posted that with with your current nym of convenience as it's something I've never quite been able to bring people to understand. I grant that "the people" are cowardly theives who prefer that their bosses stick guns in people faces rather than get their hands dirty but still it needs to be said.

       

      --
      I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    7. Re:Rule by proclaimation? by DeVilla · · Score: 1

      People don't revolt when there is no freedom (the odd exception of the American Revolution aside), they revolt when there is no feud.

      Well, think we can get some Americans involved?

  10. Re:Uh, isn't that covered in the constitution alre by MindlessAutomata · · Score: 4, Interesting

    How is a "police action" (a la Vietnam) not a war? Hairsplitting and semantic quibblings go far in the world of politics. After all, nobody is more powerful than the politicians and courts themselves to challenge them, and so long as they give themselves the appearance of expertise and authority political consensus can do whatever the hell it wants.

  11. Re:The people's will by betterunixthanunix · · Score: 4, Informative

    "Obama won the election and represents the will of the people. He can do what he wants. That's democracy."

    No, that is not how American government works. The president is elected to oversee the implementation of bills passed by Congress, that is all -- presidents do not create laws, nor do they unilaterally decide that the US should sign a treaty. What Obama is doing is sidestepping America's democracy, so that Biden's friends in Hollywood can get what they want.

    --
    Palm trees and 8
  12. Change is Coming? by Ada_Rules · · Score: 3, Insightful
    Not a surprise at all. Conservatives were more than willing to cheer as their rights "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" were destroyed by the Patriot act as long as the party in power had the right letter in parenthesis as they talked about it.

    Liberals are dancing in joy about a law that confiscates wealth from all citizens to give to the insurance companies as long as we call them evil as will fill their pockets. I suspect no complaints from them about this attack on the Constitution because it is 'their guy' doing the attacking.

    The answer is certainly not moderates who a are pretty much happy to give up any right as long as you do it slowly.

    Enjoy the scenery on the road to serfdom because when we get there, I think we will find that the collectivist paradise promised by the political elite will leave us wishing were we are the promised land of the "South of the Border" tourist trap. Hopefully we will at least get a nice bumper sticker out of the deal.

    --
    --- Liberty in our Lifetime
    1. Re:Change is Coming? by Anonymous Coward · · Score: 1, Informative

      Neo-conservatives were more than willing to cheer as their rights ...

      There is a significant difference.

    2. Re:Change is Coming? by cpt+kangarooski · · Score: 1

      And it was centrists and conservatives who liked the health care bill (although perhaps not the President in office at the time). Liberals tend to prefer universal, single payer health care systems, which were never even seriously considered by those in power.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Change is Coming? by Anonymous Coward · · Score: 0

      And it was centrists and conservatives who liked the health care bill (although perhaps not the President in office at the time).

      Big government convervatives are an oxymoron. Neo-conservatives (CINOs, (conservatives in name only)) differ from liberals only in how to expand government.

      Real conservatives, almost universally, are for smaller government and less government interference at the Federal level.

      You want a health care bill? Fine, implement it at a state level like we did in Massachusetts.

    4. Re:Change is Coming? by Anonymous Coward · · Score: 0
    5. Re:Change is Coming? by Omestes · · Score: 1

      Big government convervatives are an oxymoron.

      Actually "small government" is not contained in the word "conservative", at least in the political sense. It basically means in favor of the status quo (as opposed to liberal's progressive tendencies), resistance to change. Some conservatives are small-government types, some are not (fiscal conservatives, versus neo-cons, family value types, etc...). Just because someone differs on bulk ideology with you, does not remove them from the field.

      For example, I am a liberal, and I can't stand a large portion of people who share the same base ideology (Obama, for example), but that does not make them not a liberal anymore than it makes me not one since we share ideological ground, albeit in broad strokes and wildly varying degrees. My political philosophy is closer, say, to Obama than it is to Sarah Palin. This is where sub-classes come in handy. I'm a progressive (which is a subclass of liberal), and from the sounds of it you are rather libertarian (being a subclass of conservative). You have more in common with other subclasses of your ideology than I do with the same, and visa versa.

      Also, all of these terms are made up sweeping generalizations, and somewhat false. There is probably one a few people who could be classified as truly conservative or liberal. One of my best friends is a die-hard republican hawk, who thinks Reagan was a god, and campaigned for McCain. She supports public health care and corporate regulations. I am a pretty die hard liberal (a freely admitted socialist), who supports our mis-handled wars in Iraq and Afghanistan, strong border enforcement and deportation, I am mostly against abortion, and hold various social libertarian ideals. The label only means you are more in column A than column B, not that you are completely contained in the label.

      People who claim to be truly liberal or truly conservative (meeting every single criteria of the label) scare me. They are zealots who operate in a purely "us or them" world. People who let mere fiction (all of our ideologies are in the end) rule over the real world. These are the people, the "true beleivers" who are responsible for every bad thing that mars our collective history. Anyone who claims to have access to a priori truth is nothing but a despot looking for a holocaust.

      Also, as the previous person replies said, your also guilty of the No True Scotsman fallacy.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    6. Re:Change is Coming? by Anonymous Coward · · Score: 0

      http://www.logicalfallacies.info/presumption/no-true-scotsman/

      Except neo-conservatives identify themselves as neo-conservatives to differentiate themselves from traditional conservatives.

      Suppose I call myself a post-neo-conservative and expouse the view that we pass universal health care, expand government regulation of businesses and various other big government measures. Am I still a conservative?

  13. So,,, by Anonymous Coward · · Score: 0

    Didn't stop him and his puppets from passing the unconstitutional HCR bill.

  14. To paraphrase the Obamanator himself... by zarmanto · · Score: 2, Insightful

    So what we're saying here is that this is above his paygrade... right?

  15. It will be against many Constitutions by prefec2 · · Score: 3, Interesting

    We really do not know what is really discussed in the ACTA context. But the few things which leaked are not compatible with the German and the French constitution. It is against rules in the European human rights agreement and the Lisbon-Treaty (which made the EU a little bit more democratic). The European Parliament has expressed their concern that ACTA is not discussed in the public, which is not very democratic, but big companies especially US-companies can have treaty documents. So a elected parliament is kept in the dark while the money jerks are directly involved. In short the parliament is pissed. And they will dismiss it, just they did with the SWIFT-spying treaty between the EU and the USA. When do executive politicians learn that we life in a democracy?

    1. Re:It will be against many Constitutions by DoofusOfDeath · · Score: 4, Insightful

      When do executive politicians learn that we life in a democracy?

      When electorates stop voting in narcissistic psychopaths and megalomaniacs?

    2. Re:It will be against many Constitutions by Anonymous Coward · · Score: 0

      We don't live in a democracy; we live in a Republic.
      Executive politicians will never learn their place as long as the masses are uninformed.

    3. Re:It will be against many Constitutions by insufflate10mg · · Score: 1

      Amen. If only there were a way to sit every voter down in a room and just bullshit about politics for a few hours. Guaran-ass-tee you we would see some changes.

    4. Re:It will be against many Constitutions by Anonymous Coward · · Score: 0

      Republic is the latin word that correspond to the greek word democracy. In a modern context it just means a state with a president.

    5. Re:It will be against many Constitutions by magus_melchior · · Score: 1

      Then the key(s) to not voting in psychopaths/megalomaniacs is to either devalue the credo that "successful people get shit done" (which the public schools attempt to indoctrinate into us)-- which is exceedingly hard, as such people tend to be sociopaths or megalomaniacs almost by definition-- or, to consistently highlight how such people abuse their power, which is inevitable for them. I contend that the latter is much easier, though potentially messier, and provides an opening for the former: "see what he did while he got shit done?"

      Take Mark Sanford, who abused his office to both betray his family and principles, and put the people of his state at risk by skipping town unannounced, all to get his "winky wacked"* by an Argentinian lover. Despite getting caught and giving a Palin-esque confession at a press conference, he has steadfastly refused to resign and even tried to negotiate with his wife for a way to continue seeing his lover, adding insult to injury to the parties he betrayed. If that doesn't describe someone who doesn't give a shit about anyone but himself, I don't know what does.

      Or how about the darling of the nominal conservatives, Sarah Palin?** She is clearly one of the most incompetent and corrupt politicians out there, and yet she is a master of self-victimization, even leveraging her youngest child to her own political advantage and crying "sexism" and "media bias" when she is called on it. Her blatant hypocrisy and moral inconsistency do not faze her one bit, but her followers see that as strength rather than a serious moral failure, and as such they will likely defend her to the death despite the overwhelming evidence against them. For all the talk the political Right sputters about Obama's so-called "cult of personality", our President has nothing on the former governor. Whether she quit her job (destroying any chance she had of demonstrating or developing her governing skills) for profit or to evade ethics investigations, who can tell?

      You can find plenty of examples on both sides of the aisle. I can easily name corrupt Democrats like Spitzer, Blagojevich, and Edwards, for example, but the Republicans IMO are much more egregious because of their consistent claim to moral superiority-- the day the GOP abandons this foolish idea along with the evangelical vote is the day they start to win electoral and policy victories.

      * Gratuitous Lewis Black quote
      ** Yes, if you're one of those who are still sane and read W. F. Buckley and the like, you hate Palin as much as I do. All the more reason to fight against her and the others who are destroying conservatism, even if it means breaking Reagan's "11th Commandment". If you're still doubtful that conservatives shouldn't fight, remember that WFB fought mercilessly against the John Birch Society because they were, frankly, insane-- and scarcely 2 years after WFB's death, this group is one of CPAC's key funders, and their ideas are gaining traction mainly because of tools like Beck and Malkin, and leaders like Palin and Bachmann. If conservatism is to survive without becoming a political afterthought, conservatives must reject lies, hysteria, and those who spread it.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
    6. Re:It will be against many Constitutions by michaelhood · · Score: 1

      Amen. If only there were a way to sit every voter down in a room and just bullshit about politics for a few hours. Guaran-ass-tee you we would see some changes.

      Ass-tea?

    7. Re:It will be against many Constitutions by rdnetto · · Score: 1

      Sadly, it would be against the Australian constitution. Few people know this (outside of law circles), but we actually don't have an equivalent of the Bill of Rights. Each state has a charter of sorts, but it's on the same level as a statute so it's easily overridden. There's been talk of putting a Bill of Rights into the constitution, but I don't see it happening in time to save us for ACTA :(

      --
      Most human behaviour can be explained in terms of identity.
  16. So, who did you vote for again? by russotto · · Score: 2, Informative

    If one were to take a time machine back to October 2008 and show them an article dated 2010 labeled "President claims power to implement agreement by executive fiat" or some such thing, you'd think that obviously McCain won, right?

    Just more evidence that Obama = Bush.

    1. Re:So, who did you vote for again? by Anonymous Coward · · Score: 0

      It was pretty clear the media was backing Obama. Only the young would believe the media wouldn't want big favors in return.

    2. Re:So, who did you vote for again? by Anonymous Coward · · Score: 2, Interesting

      If one were to take a time machine back to October 2008 and show them an article dated 2010 labeled "President claims power to implement agreement by executive fiat" or some such thing, you'd think that obviously McCain won, right?

      Just more evidence that Obama = Bush.

      With all due respect, and with as much restraint from trolling you as possible... I have a simple question for you:

      Do you honestly believe that any of the presidential candidates (not counting the libertarian ones) would act in a significantly different manner on this issue? In other words, do you believe that members of the Republican or Democrat parties won't bow before the pressure of large, copyright-vested companies?

      Waiting for your honest reply.

    3. Re:So, who did you vote for again? by insufflate10mg · · Score: 1

      Arr1 = {a,b,c,d};
      Arr2 = {e,f,g,h};
      if (b==f) {printf "ZOMG MOAR EVDENSE ARR1 == ARR2!";}

    4. Re:So, who did you vote for again? by will_die · · Score: 3, Funny

      Can we just stop all of this!
      There is no reason to keep insulting Bush by everyone doing this comparison.

    5. Re:So, who did you vote for again? by Black+Gold+Alchemist · · Score: 1

      Hillary Clinton!!!

      --
      Responsibility is an addiction
      Virtue is a temptation
      Community is a cartel
    6. Re:So, who did you vote for again? by PPH · · Score: 1
      Mp>That's not really fair. The kind of stuff that Obama promised to deliver, which was within his power to do so, he's doing. Like healthcare legislation.

      Back during the last campaign season, there was a petition going around asking Obama _NOT_ to grant telecoms immunity for their handling of warrantless data requests. He gave it to them in spite of the desires of his constituency. And now, he's likely going to sign ACTA into law, executive decree, or whatever.

      Both of the above are examples of lawmaking under pressure from some very influential interest groups. Obama granted the telecoms immunity, but there were no candidates who would not have done so. And ACTA will be implemented regardless of who is sitting in the White House or Congress. Both of these initiatives have a lot more at stake than healthcare does. And they have some very wealthy backers that threaten to wreak havoc on any or all politicians' careers who don't give them what they want. That's pressure that no politician can resist.

      Interestingly enough, as with telecom immunity, ACTA is quietly being backed by interests that are trying to stay out of court (or maybe even jail). Not just the motion picture and recording industry.

      --
      Have gnu, will travel.
    7. Re:So, who did you vote for again? by libertytrek · · Score: 1

      Two words: Ron Paul.

    8. Re:So, who did you vote for again? by michaelhood · · Score: 1

      Both of these initiatives have a lot more at stake than healthcare does. And they have some very wealthy backers that threaten to wreak havoc on any or all politicians' careers who don't give them what they want. That's pressure that no politician can resist.

      "That's pressure that no career politician who cares more about his position than his country can resist."

      FTFY

  17. Re:Uh, isn't that covered in the constitution alre by DoofusOfDeath · · Score: 2, Insightful

    It is not being called a "treaty" because then the senate would have to vote on it, giving the American public a small window of opportunity to review it and decide whether or not we want it.

    If you're right, I'm really concerned and sadenned. Bush et al weren't proscuted for committing torture, perhaps simply because they refused to accept that choice of terminology. If the other two branches of government let the same, humiliatingly vapid technique keep them slapping down Obama regarind a treaty that he has no right to enact, then I just don't know what to say. I know that people in power (all three branches) get away with ignoring the Consitution, but it's starting to seem like the norm rather than the exception.

    I know people often say, "If .... happens, I'm moving to Canada / Australia / Europe." Usually when I say it, I'm just joking. But if the U.S. adopts ACTA and Europe does not, I really might be getting close to the tipping point of seeking a visa for some European country. It just seems like there are more and more straws on the camels back, starting with around W's presidency.

  18. Re:Uh, isn't that covered in the constitution alre by krou · · Score: 2, Insightful

    Isn't it likely to get passed anyway since the US is really a plutocracy? I'm not sure the American public have as much say on it as you think; the public mouthpieces (i.e. the media) would make sure they argue the case for it to sway public opinion. Maybe there'll be one or two minor concessions, but I doubt it. And what do you mean "it is scary is that we have a president who stands with them on it"? Did you really expect Obama be different to any other US president that have all continually been pro-corporate? That's where their bread is buttered.

    --
    'If Christ had tweeted the sermon on the mount, it might have lasted until nightfall.' - John Perry Barlow
  19. ..corruption... by kirthn · · Score: 1

    it could be considered corruption if Obama would be signing this executive agreement just for the sake of business/dollars....

    --
    Famous last words:"but...."
    1. Re:..corruption... by kirthn · · Score: 1

      with additionally a total undemocratic process/road...up to the executive siging of it....

      --
      Famous last words:"but...."
    2. Re:..corruption... by Anonymous Coward · · Score: 0

      lobbying=corruption

  20. Now you guys care about the constitution? by Anonymous Coward · · Score: 1, Insightful

    Where were you when Congress passed a law that requires you to buy a consumer product (insurance) just to live in this country?

    Land of the free my ass.

  21. And they're... by got2liv4him · · Score: 1

    ...supposed to vote on laws, too... they know what's best for us, we just need to submit and for get about those pesky laws...

    --
    King of kings and Lord of lords
  22. Re:Uh, isn't that covered in the constitution alre by Vancorps · · Score: 1

    I believe the new definition is one where a draft can be constituted versus one where a standing army alone is deployed. This of course is not the definition I agree with but it seems to be the one that they role with seeing as how congress has not declared war officially. Naturally expecting congress to do their job would be too much to expect. They could have stopped the ridiculous spending of the Bush era thus preventing Obama from using the new powers that Bush assumed. This would have extended to Iraq although Afghanistan would still have been a target being the source country for 9/11.

  23. Yeah, right by smchris · · Score: 1

    Can NAFTA be next? And all the other IMF treaties? It's a little late in the game to start worrying about the rule of law now, isn't it?

  24. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    Did you, uh, read that at all before you pasted it?

    He [the president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, PROVIDED TWO THIRDS OF THE SENATORS PRESENT AGREE.

    This article is about him signing this as something that requires only his signature, with no senators needed. Thanks for playing.

  25. Dubious ? by Hymer · · Score: 1

    ACTA violates constitution in almost all free, democratic countries. ACTA would fit nicely in the former Soviet Union, German Democratic Republic, North Korea or Peoples Republic of China. Politicians accepting ACTA do not represent neither freedom nor democracy, they are totalitarians in need of control of the population.

  26. Re:Uh, isn't that covered in the constitution alre by khallow · · Score: 1

    Isn't it likely to get passed anyway since the US is really a plutocracy?

    No. Wealth is not the only power in the US.

    Did you really expect Obama be different to any other US president that have all continually been pro-corporate?

    Who says ACTA is pro-corporate? Sure ACTA is supported by the usual *AA suspects. They tend to be corporations. But it is opposed by corporations as well (Google, for example). Like most such legislation, there are both winners and losers on the business side. There's no universal "pro-corporate" face here.

  27. Re:Uh, isn't that covered in the constitution alre by khallow · · Score: 1

    Keep in mind that they would need 2/3 support in the Senate for this treaty. Given that the Democrats don't have that amount, that means some Republican support from a group that has in the recent past been very keen on obstructing Obama initiatives. Sure, that vote could happen as you expect, but it'll result in more work and a few bruises that Obama can avoid merely by bypass the Senate and the Constitution.

  28. The Living Constitution by Coolhand2120 · · Score: 4, Insightful

    Didn't we just pass legislation that for the first time forces private citizens to buy a product from a select set of other private citizens. The constitution is no longer relevant to the party in control of our government. They have deemed it something that can be reinterpreted to mean whatever they need it to mean at the time. All they need to do is redefine what words mean and suddenly the constitution means all sorts of things!

    Here's a few examples:

    1895: Wage is now the same as income! Democrats begin their long march towards socialism! With the help of the Socialist Labor Party of the 1890's, they pass an amendment so they can now collect income tax from everyone! The sucking noise begins.

    1935: Now retirement and health care are a RIGHT and the government is required to provide for the "happiness" of the people by collecting money from one group of people and giving it to another. Democrats, unhappy with the difficulty of getting constitutional amendments, so they decide to craft laws that skirt the letter of the constitution, arguing that social security/medicare is an retirement benefit to the people, while arguing to the SCOTUS that it is a tax. When the SCOTUS rules the initial law unconstitutional, democrat FDR runs personal smear campaigns against SCOTUS justices and has them replaced with justices that are willing to interpret the constitution the way he needs it. And thus begins the largest ponzi scheme in world history!.

    begin rant:
    The government then took from the ponzi err. social security fund as frequently as pleased to and for whatever reason it deemed important enough to do so. Which was of course any reason. Now, were this a REAL business, at this point the CFO would be thrown in jail, but this is the U.S. government! They buy the jails! Social security has been bankrupt for decades, the debt is around 17 trillion. But this week, for the first time, even on paper, the government is giving out more money in social security than it is taking in..

    I ask you, if the government can force you to buy something from someone, is there anything there anything the government can't force you to buy? And if the government can arbitrarily come in and tell me what I must buy, what I can buy, and what I can't buy, can we truly say we live in a free society?

    And for you fools in control. What makes you think the next generation is going to pay any attention to the laws you so haphazardly pass when you completely ignore the laws of the previous generations? That's anarchy! :end rant

    I would be remiss to point out that Thomas Jefferson was like a fricking Nostradamus in predicting what would happen in this country. And how can I possibly follow the words of Jefferson with my pathetic waxing? So adieu!

    The democracy will cease to exist when you take away from those who are willing to work and give to those who would not.
    -Thomas Jefferson

    Sometimes it is said that man cannot be trusted with the government of himself. Can he, then be trusted with the government of others? Or have we found angels in the form of kings to govern him? Let history answer this question.
    -Thomas Jefferson

    Great innovations should not be forced on slender majorities.
    -Thomas Jefferson

    Experience hath shewn, that even under the best forms [of government] those entrusted with power have, in time, and by slow operations, perverted it into tyranny.
    -Thomas Jefferson

    I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of the

    1. Re:The Living Constitution by matt4077 · · Score: 0

      A witty saying proves nothing

      -Voltair

      Even founding fathers can be wrong

      -me

      Those who think less government is better should try out Somalia

      -me

    2. Re:The Living Constitution by NeutronCowboy · · Score: 2, Insightful

      I sure hope you were bitching this much when the Patriot Act was instituted, Guantanamo was opened and the President was handing out Executive Orders like they were candy.

      Any document is a living document, because the use of language changes. It is absolutely impossible to interpret any document in the same exact that a completely different group of people interpreted it 200 years ago. Heck, we can't even agree on what documents exactly say that were written 2 weeks ago.

      --
      Those who can, do. Those who can't, sue.
    3. Re:The Living Constitution by schmidt349 · · Score: 5, Informative

      To start, I checked into your Teddy J quotes and discovered the following:

      #1 is a lie. Jefferson never said that and I challenge you to show me the original publication where he did.

      #2 is found in his First Inaugural Address. It was probably a slap at John Adams' Alien and Sedition Act, a law that looked a lot more like the Patriot Act than the health care bill.

      #3 is from another private letter. It's regularly trotted out during any controversial social legislation. Read Hirschfield (The Power of the presidency: concepts and controversy, 1982, p.311) on how this is a red herring.

      #4 is from a political tract from 1779. You will note that it could just as easily be applied to the Patriot Act, the military-industrial complex, or just about any other Republican-built object of left-wing derision as it can be to social legislation.

      #5 is a paraphrase of a section in a letter from 1802. The true quote reads "If we can prevent the government from wasting the labors of the people, under the pretence of taking care of them, they must become happy." Here is the following quote: "Their finances are now under such a course of application as nothing could derange but war or federalism. The gripe of the latter has shown itself as deadly as the jaws of the former." In other words, he would have winced had he seen the bill for Iraq War II, or read the justifications of the neocons.

      #6 was in a letter shortly before his death about how the federal government was "consolidating power" by, get this, using the power granted to it by the Constitution (namely the commerce clause). The states are not individual republics. We tried that under the Articles of Confederation and it went over like a a lead balloon. Like it or lump it, they are subordinate in power in the regards enumerated in the Constitution to the power of the federal government. If the Fed chooses to wield that power in a heavy-handed way, it's probably stupid and possibly unethical but not unconstitutional.

      The present deficit is a function of the fact that the Republicans by and large write the tax laws whereas the Democrats by and large write the social legislation. The Republicans refuse to raise taxes to pay for the social legislation, and the Democrats refuse to cut spending in the social legislation to match the current tax income. It's being caused by the present political climate of obstructionism, not by your insane theories about the gradual communization of the US. If FDR had wanted to make the US into a socialist state he would have done nothing, waited for the economic climate to bottom out, then blame all the Wall Street fat cats, order their imprisonment, seize their assets, and nationalize them. Poof. Now we're a socialist state, and it didn't take all that sneaking around!

      Do you know why Roosevelt created the social safety net? It was partly to stabilize society so we didn't have happen here what happened in Germany and the Soviet Union, where agitators appealed to the people's suffering to gain their complicity in revolutionary policy. It was partly to expand the number of consumers to encourage a restart in the production economy. But mostly it was because it was the right thing to do, because a lot of average Americans were starving to death, working like slaves, and your beloved "free market" wasn't doing a goddamned thing to help them. FDR's problem was actually that he didn't spend enough -- it took the massive deficit spending associated with the war to finally terminate the crisis.

      The present health care situation is a national crisis on the order of the food and work crisis provoked by the Great Depression. Thousands of people die every year because they can't afford basic medicines like penicillin and Nitrostat, or they can't afford to see a doctor to prescribe these medicines. Health care decisions are being made by bureaucrats whose only concern is protecting the value of the shareholders, and this excuse rubber-stamps their denial of benefits to thousands more Americans who then go bank

    4. Re:The Living Constitution by Coolhand2120 · · Score: 0, Flamebait

      The states are not individual republics.

      I actually started to rebut your comments one at a time then I found this one. I guess you don't have any clue what you're talking about so I'll just leave you to your own devices. California is governed as a republic.

      OH SNAPS! Guess what! Every state is it's own republic! And that would make you.


      1. Ignorant
      2. Stupid
      3. A liar

      I'll let you pick.

    5. Re:The Living Constitution by Anonymous Coward · · Score: 0

      If FDR had wanted to make the US into a socialist state he would have done nothing, waited for the economic climate to bottom out, then blame all the Wall Street fat cats, order their imprisonment, seize their assets, and nationalize them. Poof. Now we're a socialist state, and it didn't take all that sneaking around!

      Ironically, that would be far away from making the US a socialist state. In fact, letting the failed companies to collapse would much more in line with the ideas of a free market and the seizure of assets would follow automatically from the ensuing criminal and bankruptcy trials, and settlements. The government would not be the only entity to seek to obtain the remaining assets of the failed banks and "fat cats" in that situation.

    6. Re:The Living Constitution by shentino · · Score: 1

      I agree with you 100 percent.

      I also realize that I can't do a fucking thing about it with special interests running the show.

    7. Re:The Living Constitution by schmidt349 · · Score: 1

      Are you denying that the states are subordinate in authority to the federal government in the ways outlined in the Constitution? Do you think that each state has the power to levy an army, declare war, conclude treaties with foreign governments, run a postal service, and so on? These powers are explicitly delegated to the federal government, and denied to the states. Therefore they can't be republics, at least not in the sense of determining a national consensus and will to govern.

      But you have one misquoted reference from Wikipedia, so obviously I'm a fool. Under the Rules of Internet Argumentation, all of my other unrelated arguments are therefore invalidated for some inadequately explored reason.

    8. Re:The Living Constitution by schmidt349 · · Score: 1

      If it had been FDR's objective to socialize the country he wouldn't have permitted bankruptcy proceedings to go forward; he would have stepped in and nationalized the assets of the failing banks/companies/etc. on some quasi-legal basis. Don't be obtuse.

    9. Re:The Living Constitution by Anonymous Coward · · Score: 0

      The manner in which you dismiss the arguments of others by (a) focusing on one detail, (b) countering it with a flip reply based on semantics, (c) being wrong on the details in the process, and (d) ending with name-calling makes everyone else here perfectly justified in dismissing you the same way.

      I mean, if you put as much thought into your long screed as you did your rebuttal...

    10. Re:The Living Constitution by Coolhand2120 · · Score: 2, Informative

      But you have one misquoted reference from Wikipedia, so obviously I'm a fool.

      No, actually you're a fool because you're wrong. State law trumps all federal law unless the state law is unconstitutional. In fact, any law that is found unconstitutional by the courts is null. That's why it's legal to smoke pot in some states, and is not federally. You obviously lack the basic understanding of what a constitutional republic is.

      Are you denying that the states are subordinate in authority to the federal government in the ways outlined in the Constitution?

      I did not say that and it is not some misquoted Wikipedia reference, all states have the same branches of government the federal government has, each state has its own constitution, that's what makes it a republic. But I don't have all day to give you a lesson. Just chalk it up to being ignorant, read about what constitutes a republic, and call yourself richer for the experience.

      all of my other unrelated arguments are therefore invalidated for some inadequately explored reason.

      Like I said before, I was going to rebut them, one at a time, like I do with most comments, but once I read that, I quit taking anything you said seriously. Look, you seem like a nice enough guy, you're obviously just uninformed, everyone has been like that at one time in their life. But the good news is, they hide knowledge in books. Here are two books that make up the basis of our legal system. It's really fun to read about how this stuff all got formed. These two books introduce/expand upon the ideas of "natural law" and "a priori knowledge". If you don't know what that is, you really should! Anyhow, good reads if you plan on learning about constitutional republics. They're also really short. Most smart phones have book reader programs you can grab, these books can be downloaded in plain text, my favorite format, and you can stand on the shoulders of giants while you take a shit.

      Here's a good place to get started
      The Critique of Pure Reason by Immanuel Kant
      Common Sense by Thomas Paine

    11. Re:The Living Constitution by Coolhand2120 · · Score: 1

      Who can say it better than the father of the U.S. Constitution?

      "...I entirely concur with the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful exercise of its power. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of the law if all its ancient phraseology were to be taken in its modern sense. And that the language of our Constitution is already undergoing interpretations unknown to its founders, will I believe appear to all unbiased Enquirers into the history of its origin and adoption."
      -James Madison

      From http://books.google.com/books?id=B0waAAAAYAAJ&printsec=frontcover&dq=WRITINGS+of+James+Madison

    12. Re:The Living Constitution by schmidt349 · · Score: 1, Flamebait

      Your snarky and insulting Glenn Beck-esque commentary on my breadth of reading knowledge and skill is completely out of line. If you're going to try to participate in a civilized discussion between reasonable adults then you need to act like one.

      I suspect that you have some bizarre formalist definition of what a republic is. Obviously you didn't get it "from a book" because Kant is not a political philosopher (he deals in metaphysics) and Paine was the Emanuel Bronner of his age.

      Have you read any of the classics on republic theory? This would include John Locke's Two Treatises and other works, Rousseau's Social Contract, Montesquieu's Spirit of the Laws, to a lesser extent Alexis De Tocqueville's Democracy in America, and Ernst Renan's essay "What is a Nation?". One of the big undercurrents in most of these works is the idea that a republic has to have the power of self-determination -- that's to say you can have a government with elected officials and a bicameral legislature and all the other appurtenances of government, but if you lack the power of self-determination with respect to other nation-states, you aren't a republic. This is a big distinction that historians tend to make about Rome after the rise of Augustus -- there was still a Senate and consuls and more or less every other political office that had existed a hundred years earlier, but Rome was no longer a republic because these state organs had lost their ability to determine the national will.

    13. Re:The Living Constitution by schmidt349 · · Score: 1

      PS. The fact that you refuse to acknowledge that the first of your alleged quotes of Jefferson is pseudepigraphical proves that you're only interested in scoring "talking points" and not in actually having a reasoned discussion.

    14. Re:The Living Constitution by Omestes · · Score: 2, Insightful

      Democrats begin their long march towards socialism! [wikipedia.org]

      You really don't know the definition of socialism, or how that term doesn't apply to Obama in the slightest, right? The healthcare bill was about as far from socialism as one can get. Its fascist, or purely corporatist, not socialist. If it was single payer and universal it would have been socialist, if it had the so-called "public option" it would have had socialist aspects. We got neither, therefore we did not get socialism. Obama is a very slightly left leaning centrist, in the grand scheme of things, who buys pretty much the Reagan trickle down line (which, IMO, is nothing but a post-hoc rationalization for corruption). Kuchinich is socialist, Feinstein is a socialist, Obama is not.

      The actual left in America is pretty much non-existent, compared to the rest of the world. Obama would be a conservative in pretty much any other developed country, and our conservatives would be the lunatic fringe.

      Now retirement and health care are a RIGHT [wikipedia.org] and the government is required to provide for the "happiness" of the people by collecting money from one group of people and giving it to another.

      You realize that the Constitution points out that our Government, in part, exists to "promote the general welfare" of the people, right?

      Further:

      "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States...

      Means that taxation for the good of the People is NOT a bad thing, or a sin, or whatnot. I would consider trying to make the people "happy" is a good thing, and very well within the line of "general welfare". Its either that or a government that tries to make people unhappy.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    15. Re:The Living Constitution by Anonymous Coward · · Score: 0

      As an inhabitant of a country where the US nuclear missiles where targeted for a long time during the cold war I have to say the American ideas of what are the marks of a socialistic state are rather sensitive. That was my point.

    16. Re:The Living Constitution by Buelldozer · · Score: 1

      That's all well good and but I still don't find anything in law to support the Federal Government forcing me into a relationship with a private company for the privilege of existing. It was an EXTREMELY foolhardy action to take.

      They should have gone with a public option and been done with it.

      Also, we didn't get "Health Care Reform" no matter what liar it is that told you that. What we got was "Health Insurance Company bailout". If you owned a company wouldn't you love it if the Federal Government would, with the stroke of it's pen, force another 33 million customers into your arms?

    17. Re:The Living Constitution by Conzar · · Score: 2, Insightful

      Thanks for quoting a man that owned slaves. The reality is the people who have the money make the rules. The people who have the money will maintain their money through whatever means necessary. The people who have the money will divide the people in order for them to maintain their power. Its pretty simple. The "founders" did not setup a government for the people. If so, then Slavery would not be allowed and women would have had rights. It was setup for rich white land owners FOR rich white land owners.

    18. Re:The Living Constitution by Anonymous Coward · · Score: 0

      #1 is thought to have been a paraphrase on this:

      This exact quotation has not been found in any of the writings of Thomas Jefferson. It bears a very vague resemblance to Jefferson's comment in a prospectus for his translation of Destutt de Tracy's Treatise on Political Economy: "To take from one, because it is thought that his own industry and that of his fathers has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, ‘the guarantee to every one of a free exercise of his industry, & the fruits acquired by it."

      http://wiki.monticello.org/mediawiki/index.php/The_democracy_will_cease_to_exist

      FDR did horrible things to the Constitution and "progressives" haven't stopped since. He was going to try and change the SCOTUS "pack the court" because they were against his plans. In the end, the SCOTUS sided with FDR but one quote from a justice at time is very telling and I am paraphrasing myself here "We voted today against the constitution to save the court". They should never have had to do that.

      http://en.wikipedia.org/wiki/The_switch_in_time_that_saved_nine

    19. Re:The Living Constitution by Coolhand2120 · · Score: 1

      PS. The fact that you refuse to acknowledge that the first of your alleged quotes of Jefferson is pseudepigraphical proves that you're only interested in scoring "talking points" and not in actually having a reasoned discussion.

      I'm not sure how proving the author of the quote wrong proves your point, but you're still wrong anyway. http://etext.virginia.edu/jefferson/quotations/jeff0600.htm

      "Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the form of kings to govern him? Let history answer this question." --Thomas Jefferson: 1st Inaugural, 1801. Memorial Edition Volume 3 Page 320

      I hope that's cleared that up. I would have a reasoned discussion but your claim that each state is not a republic, and your insistence that any proof I provide is inadequate somehow is just ridiculous. And you're hung up on a Jefferson quote, which it turns out you're wrong about, again. All you really need to do is put it in google with quotes around it and look around a little, and not come back and tell me the quote was something I made up.

      I'm not sure how you can read Tocqueville and then became a defender of FDR. I said Kant's critique of pure reason creates a lot of the theories that we use in litigation today, "a priori" being one of them, not that Kant created the system of government. Then you blast me for showing you some books, only to then... show me some books, all of which I've read, and sadly came away with something different than you. I suppose you believe then that the constitution is living and breathing? I can't say anything to convince you, but here's James Madison's take:

      "...I entirely concur with the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful exercise of its power. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of the law if all its ancient phraseology were to be taken in its modern sense. And that the language of our Constitution is already undergoing interpretations unknown to its founders, will I believe appear to all unbiased Enquirers into the history of its origin and adoption."
      -James Madison

      From: Writings of James Madison Oh ya, read the federalist papers!

    20. Re:The Living Constitution by schmidt349 · · Score: 1

      Wow, that's a species of dissembling I've not often seen. The quotation I alleged was (and is) false is the FIRST one you cited, viz.:

      "The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." -- your First TJ quote.

      This is not a quotation of Jefferson. It is, evidently, a very very loose paraphrase of an unpublished marginal note. But you deliberately ignored this and pretended that I was denying the truth of the SECOND quote.

      If you'd bothered to read my first post you would see that I did, in fact, point out that the SECOND quote comes from the First Inaugural. I also pointed out that it was a backhanded attack on John Adams' Alien and Sedition Act, the eighteenth-century equivalent of the Patriot Act.

      It must be shocking to you that the Founders were so capable of turning their backs on the philosophical principles involved in the creation of the Constitution. They were politicians. Adams, Jefferson, Washington, Madison, the whole lot of them. Just like modern politicians, they abandoned principle for expediency when it suited their purposes. Appealing to their intellectual authority is therefore a very dangerous game.

      You had best stick to proper political philosophers. Most of them weren't directly involved in politics (or served as bureaucrats and therefore knew the system from the inside out without having to delude themselves about its underpinnings).

      It's interesting that you try to defend your inclusion of Kant's epistemology because it was unknown to most of the Founders (possibly Franklin was aware of it) and therefore not uniquely meaningful to a discussion of Revolutionary political philosophy. He does theorize the basis of human knowledge of the universe but he's not at all the only philosopher to do this. Plato (esp. in the Meno), Aristotle, Descartes, Foucault, Levi-Strauss, and even Godel are just a small handful of the many, many other great philosophers who have engaged the topic. I'm only a dilettante but these are all excellent starting points.

      De Tocqueville was a great believer in the Founders' "natural aristocracy," what we would call a meritocracy. They gave money to found free schools on the one hand and established estate taxes with a marginal rate of 100% above a certain estate value on the other hand. He recognized that the effect of this system was to suppress the formation of a moneyed/landed aristocracy on the level of the European kingdoms.

      de Tocqueville had two important lessons that we in the US need to relearn in a Big Damn Hurry. The first is the fact that the separation of the church from the state (as was the case in the early 1800s, before Pat Robertson and the Religious Right) made politics a much less personal practice for everyone involved and hence much less susceptible to emotionally-driven extremism. This was a sharp contrast to France during the Revolution, where the democrats (especially the Jacobins) had antagonized the church through the official adoption of an "enlightened" atheism, the so-called Cult of Reason. The result was absolutely intolerable civil strife, and it's the direction this country is headed in right now. Those who want to inject their religious sentiments into national legislation would do well to remember that all it would take would be a single swing of the pendulum back to the other party not only to wipe out their political influence but also to get the state involved in religious affairs in a way that would be highly undesirable to them. The present crisis on gay marriage would be much less significant if churches simply recognized that they need not perform or recognize any marriage they choose not to.

      The second lesson is the tyranny of the majority. It seems nowadays as though once one party has control of at least two branches of national government they feel as though they can just walk all over the other party. To some extent the Democrats passed the health care reform bill without the approbation or support of the Re

    21. Re:The Living Constitution by magus_melchior · · Score: 1

      Didn't we just pass legislation that for the first time forces private citizens to buy a product from a select set of other private citizens.

      Poor grammar aside, if you've got a better idea to mitigate the ballooning cost of health care that can pass Congress and its corrupt members (that would negate the public option), as well as be deficit-neutral (which nixes tax cuts to the rich), let's hear it. Otherwise, kindly keep your talking points off your soapbox.

      Re: 16th Amendment. If you're going to lay blame solely on the Democrats for the income tax, you had better include the Republicans who first instituted it to fund the Civil War, and whose President (William Howard Taft-- the very same Republican who ousted the progressive, trust-busting Roosevelt and sent the GOP down a laissez-faire route that culminated in Black Monday, 1929) proposed and enacted the amendment itself-- or, you can admit that you're a dishonest partisan hack. Choice is yours. If you think that blowhard rhetoric alone will negate the facts in the article you cited, you are as delusional as those who think that if they believe a thing ought to be true, it must therefore be true.

      Re: Social Security. What you are arguing is a logical farce: If FDR could not convince the courts to uphold his New Deal legislation (NIRA and others), the courts were correct; however, if the courts upheld Social Security, FDR must have deceived them. In your argument, you do not consider the possibility that this part of the New Deal was constitutional according to the highest court in the country, because your ideology that social assistance of any form is anathema (despite the fact that federal 'transfer' of tax revenues to social services is the norm in every industrialized nation except for those that have failed) trumps intellectual honesty.

      The rest is logical garbage. A huge rant does not an argument make, nor are you John Cleese.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
    22. Re:The Living Constitution by michaelhood · · Score: 1

      You realize that the Constitution points out that our Government, in part, exists to "promote the general welfare" of the people, right?

      Further:

      "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States...

      Means that taxation for the good of the People is NOT a bad thing, or a sin, or whatnot. I would consider trying to make the people "happy" is a good thing, and very well within the line of "general welfare". Its either that or a government that tries to make people unhappy.

      Fortunately you are not SCOTUS.

      "Thomas Jefferson explained the latter general welfare clause for the United States: “[T]he laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They [Congress] are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose.”[5]"

      "[..] view of James Madison that spending must be at least tangentially tied to one of the other specifically enumerated powers, such as regulating interstate or foreign commerce, or providing for the military, as the General Welfare Clause is not a specific grant of power, but a statement of purpose qualifying the power to tax;"

      I think the guys who were there when it was penned probably are more suited to explain the spirit of the law than either of us?

    23. Re:The Living Constitution by Omestes · · Score: 1

      I think the guys who were there when it was penned probably are more suited to explain the spirit of the law than either of us?

      I, of course, fully agree. Though I don't really see a large contradiction.

      Also there is a a problem with citing a single drafter on Constitutional issues, since there was a fair amount of disagreement between them, with the actual drafted Constitution existing as a compromise between their views, sweetened up to be drafted by the individual states. This leads to a very decent ability to cherry pick quotes from individuals that support a single view, that necessarily wasn't supported in the end document.

      Also, a lot of times people apply these quotes to concepts that the founders didn't really have a grasp of, since they didn't exist until much later in our countries history.

      I'm not accusing you of either, btw. Just pointing out that generally some caution is needed.

      One thing that does get me, and I will be flamed relentlessly for this, is that times have changed, and we no longer live in the same type of world as the founders of our country. Using their words (independent of the Constitution, and body of law) often ignores this, their view of the world is not the same world as ours, so some of their concepts will not map directly onto the current circumstance.

      The Constitution allows itself to change with the time, and the nation it creates to be flexible. It allows this not only through amendment, and the tradition of common law, but also through some innate flexibility.

      If we froze the state of Constitutional law at some point immediately after drafting, our country would have floundered.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    24. Re:The Living Constitution by michaelhood · · Score: 1

      The Constitution allows itself to change with the time, and the nation it creates to be flexible. It allows this not only through amendment, and the tradition of common law, but also through some innate flexibility.

      If we froze the state of Constitutional law at some point immediately after drafting, our country would have floundered.

      100% agree with these parts, although I'm not sure what you mean by flexibility. I believe that the Constitution is not a "living document," in modern terms, but a rigid list of how the government may conduct itself.

      I fully support the idea of constitutional amendments of course- we'd have slavery, among other things, without them. I just happen to believe these are the only valid way to change the document. I don't care for legislating from the bench, at all.

  29. Re:Uh, isn't that covered in the constitution alre by zippthorne · · Score: 1

    No, if the troops are used for more than 90 days, war must be declared by congress. They don't have to use the specific words, "we, the xxxth congress of the US, declare a war on blahbahstan." A "force authorization" is also a declaration of war, in the same way that "warranted search" does not mean that there needs to be a specific document with the title of "warrant." There are circumstances which warrant search.

    It might be nice if we did require them to use those specific words, though.

    --
    Can you be Even More Awesome?!
  30. Re:Uh, isn't that covered in the constitution alre by Thiez · · Score: 2, Insightful

    > He [the president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;

    The key is not to have any Senators present, or just 1 who supports ACTA ;)

  31. Re:The people's will by Anonymous Coward · · Score: 0

    LOL, seems to me like the teabaggers have a fair share of assburgers as well. Fix your sarcasm detector, nerd.

  32. Re:The people's will by Glock27 · · Score: 0, Flamebait

    What Obama is doing is sidestepping America's democracy, so that Biden's friends in Hollywood can get what they want.

    Exactly. 0 is on a roll of ignoring the Constitution. It appears he views it as an outdated, inconvenient obstacle to be overcome.

    Just as bad (or possibly even worse) the "Democrats", who're supposed to be the "party of the people" are ignoring the clear will of the people in many cases. For instance shoving healthcare "reform" down our throats which around 60% of the citizens don't want.

    0 is shaping up to be one of the worst Presidents ever, and almost certainly a one-term wonder. I'm hopeful that the Dems will lose a lot of their power this coming November.

    --
    Galileo: "The Earth revolves around the Sun!"
    Score: -1 100% Flamebait
  33. NAFTA also isn't a treaty. by Oxford_Comma_Lover · · Score: 1

    IIRC, NAFTA also isn't a treaty.

    > How is a trade agreement not a treaty?

    Treaties are more complicated than one line in the Constitution. Not only is there international law regarding what constitutes a treaty and how a treaty's to be interpreted (See the Vienna Convention on the Law of Treaties, for example), but most countries, including the United States, have their own jurisprudence on what constitutes a treaty and what legal effect it has.

    Regarding sole executive agreements, the President can make them because he is "the sole organ" of the nation in matters of state, which basically just means he's the head of state and speaks for the country. He doesn't have treaty power there, but he has a certain limited power, particularly in areas where executive agreements are historically useful.

    For example, unfreezing the contested assets of a foreign country in the United States as part of a diplomatic arrangement. (IIRC, Reagan did this with Iran, unfreezing contested assets to send them to an adjudication process both countries had agreed on.)

    Consider, also, that US Law differentiates between self-executing and non-self-executing treaties; the latter require domestic legislation to implement. Sometimes that means states have to implement treaties, and sometimes they don't. For example, Texas doesn't comply with the Vienna Convention on Consular Relations (Medellin v. Texas, and if I'm remembering the right treaty--it's been a while).

    --
    -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
  34. Re:Uh, isn't that covered in the constitution alre by erroneus · · Score: 1

    That sort of reminds me of how the DMCA got passed.

  35. You voted for this guy by Anonymous Coward · · Score: 0

    What is scary is that this is the guy you put in power (I'm speaking to the majority of slashdotters who think conservatives are evil and democrats are the only sane choice - whether you were able to vote or not).

    He has been proven to not care about the constitution if it gets in the way of what he wants.

    Larry Lessig - live in the bed you made. You've chosen the party that is all about coercion and not freedom.

  36. MOD PARENT UP by Anonymous Coward · · Score: 0

    This needs to be modded up. I can't comment on libertarian candidates (they always seemed a little kooky to me, as a Canadian, though), but things would not be any better under any of the other viable choices you Americans had. I can understand being upset that Obama didn't quite 'keep his promises' in the ways you want (though there are some areas he is certainly making efforts, such as the healthcare bill -- even if it was watered down to its passed form...), but don't compare him to Bush.

    With Bush, the Americans lost so much international respect and clout. You started two wars (only one of which may have had justification, the other of which was not even sanctioned by the UN). You tortured people. You instituted laws that make spying on your own citizens easier to do legally. Obama hasn't initiated anything that extreme, and has actually saved some face and respect internationally (though not recovering to pre-Bush levels). He's a better choice than Bush was. Does that mean he's the god-saint super-awesome president? No.

    Just don't assume the Republicans are going to be the god-sent awesome saviours for your next election, either.

    1. Re:MOD PARENT UP by russotto · · Score: 4, Insightful

      This needs to be modded up. I can't comment on libertarian candidates (they always seemed a little kooky to me, as a Canadian, though), but things would not be any better under any of the other viable choices you Americans had. I can understand being upset that Obama didn't quite 'keep his promises' in the ways you want (though there are some areas he is certainly making efforts, such as the healthcare bill -- even if it was watered down to its passed form...), but don't compare him to Bush.

      Why not? He's acting just like Bush in most of the areas the loudest complaints about Bush were made. Expansion of executive power beyond all reasonable bounds (remember Bush's assertion he needed no approval for wiretapping?) being one of them.

      No, of course neither Clinton nor McCain would have done this differently. But with McCain, that's what McCain voters would have wanted. Obama campaigned on "change".

    2. Re:MOD PARENT UP by blitziod · · Score: 1

      while i do agree that often republicans are the lesser of two evils...and that both candidates are likely to fuck up more than they fix, I do have to make a point about international relations and bush. To say that obama has improved on the bush administration in international relations is not true. Sure france and canada may like him, but big deal. Israel certainly would rather have W back and frankly they are a bigger ally in the region that counts most right now. Also while many countries, say china ( or n korea) may prefer obama as the us president ..that is only because they feel he is weaker on national defense and thus plays to their countries interest more than the US's. Ask yourself this question honestly...would north korea test a Abomb if W was still in office? I doubt it. while cuba and other communist countries may voice strong approval for the current administration, that does not equal a foreign policy success. Success in foreign policy requires the advancement of US interests. Bush may have made some enemies, sure, but you can't make an omlet without breaking eggs. Obama may make lots of friends..well so did carter...but carter got DICK for the us out of all that "goodwill" and my bets are the current president will get less that really matters..They will both have the noble peace prize sure..but the american people will get the short end. the american people by and large do not elect a president to court foreign governments. they elect a president to protect the social, financial( that means oil too) and security interests of the united states of america. Sure we like to help. Americans are a very giving and charitable people, as even many of our critics will admit. But we expect our leaders to look out for us first, jsut as china and russia and france all expect from those they elect. What i am saying is that you all are so hard on bush. I think that history will vindicate bush on all but the torture and the patriot act. When you look at the war in Iraq you see that it was no less moral than the war in germany during WW2. Just on a smaller scale. SH may not have had any WMD when we raided his houses, but nobody can deny he had chemical weapons when he killed more than 100,000 of his own people with them. This is a fact that nobody on the left or right denies. The tragedy is not that we invaded iraq, the tragedy is that the UN treaty against geneocide is so toothless that we had to use WMD as a reason.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    3. Re:MOD PARENT UP by Antitorgo · · Score: 1

      I'm pretty sure that is NOT what McCain voters would have wanted. I thing that is why you are seeing the Tea Party movement where people are voicing that neither of te major parties represent their will. As a whole, they want less government and fiscal responsibility. The real trick is to see how much their ideas get warped by the Republicans and the media.

    4. Re:MOD PARENT UP by Anonymous Coward · · Score: 0

      it was no less moral than the war in germany during WW2. Just on a smaller scale. SH may not have had any WMD when we raided his houses, but nobody can deny he had chemical weapons when he killed more than 100,000 of his own people with them. This is a fact that nobody on the left or right denies. The tragedy is not that we invaded iraq, the tragedy is that the UN treaty against geneocide is so toothless that we had to use WMD as a reason.

      Yes, we know he had these weapons. We have the receipts. In fact, we sold it to him. For use against the Iranians, the Kurds, and others. Does that make it moral?

      If the UN treaty against genocide wasn't toothless, the staff of the last four US administrations would be before the Hague for war crimes. Or will you now claim it isn't our fault when we sell anthrax to failed states?

      If you want sources, start with the Riegle Report - details the findings of US Senate hearings chaired by Senator Donald Riegle in 1994 – hearings which were set up to investigate ‘Gulf War Syndrome’. The US Dept of Commerce granted licences to US firms to export the chemical and biological weapons to Iraq during the 1980s. ....

      Bacillus Anthracis Cohn (ATCC 10)
      Batch # 08-20-82 (2 each)
      Class III pathogen.

      Bacillus Subtitles (Ehrenberg) Con (ATCC 82)
      Batch # 06-20-84 (2 each)

      Clostridium botulinum Type A (ATCC 3502)
      Batch# 07-07-81 (3 each)
      Class III Pathogen

      Batch# 01-14-80 (3 each) G.G. Wright (Fort Detrick) V770-NPI-R.

                    Bovine anthrax, Class III pathogen

      Bacillus Anthracis (ATCC 14578)
      Batch# 01-06-78 (2 each)
      Class III pathogen.

              * Bacillus Anthracis: anthrax is a disease producing bacteria identified by the Department of Defense in The Conduct of the Persian Gulf War: Final Report to Congress, as being a major component in the Iraqi biological warfare program. Anthrax is an often-fatal infectious disease due to ingestion of spores. It begins abruptly with high fever, difficulty in breathing, and chest pain. The disease eventually results in septicemia (blood poisoning), and the mortality is high. Once septicemia is advanced, antibiotic therapy may prove useless, probably because the exotoxins remain, despite the death of the bacteria.
              * Clostridium Botulinum: a bacterial source of botulinum toxin, which causes vomiting, constipation, thirst, general weakness, headache, fever, dizziness, double vision, dilation of the pupils and paralysis of the muscles involving swallowing. It is often fatal.
              * Histoplasma Capsulatum: causes a disease superficially resembling tuberculosis that may cause pneumonia, enlargement of the liver and spleen, anemia, an influenza-like illness and an acute inflammatory skin disease marked by tender red nodules, usually on the shins. Reactivated infection usually involves the lungs, the brain, spinal membranes, heart, peritoneum, and the adrenals.
              * Brucella Melitensis: a bacteria which can cause chronic fatigue, loss of appetite, profuse sweating when at rest, pain in joints and muscles, insomnia, nausea, and damage to major organs.
              * Clostridium Perfringens: highly toxic bacteria, which cause gas gangrene. The bacteria produce toxins that move along muscle bundles in the body killing cells and producing necrotic tissue that is then favorable for further growth of the bacteria itself. Eventually, these toxins and bacteria enter the bloodstream and cause a systemic illness. .....

      Starting to feel uncomfortable on that "moral" high horse?

    5. Re:MOD PARENT UP by Anonymous Coward · · Score: 0

      This needs to be modded up. I can't comment on libertarian candidates (they always seemed a little kooky to me, as a Canadian, though),

      Why is that? Why do the libertarians seem kooky? Could it be due to the mainstream media not wanting you to hear what they have to say? I mean they have ridiculous ideas. Things like eliminating laws outlawing harmless drugs like marijuana. Laws that do little more than fill jails. Or bringing our military home from places like Europe and South Korea. What a kooky, ridiculous thing to espouse.

      Ron Paul was trashed and ridiculed by the media for one reason. He did not espouse the view that the answer to every problem is "more government". Sarah Palin caught the same schtick. McCain was ok, until he started saying that we should role back some of the federal power, then it was time to bring him down.

      Libertarians will always be portrayed as being koooky. Read the documents that they write for themselves, and you come do a different conclusion.

  37. Re:Uh, isn't that covered in the constitution alre by insufflate10mg · · Score: 1

    That was his point.. thanks for playing...

  38. Re:The people's will by Anonymous Coward · · Score: 1, Insightful

    Eat a dick. No, seriously. I'm sure you were cheering when Shrub forced a trillion dollars of wars down our throats, wiretapped American citizens in direct violation of the FISA regulations, and illegally ordered prisoners of war to be tortured.

    And your claim regarding HCR isn't even accurate, not that it would matter given how many lies the Rethugs have put out there. How can an elected body pass legislation with a majority of the votes and NOT represent the will of the people? THAT'S HOW DEMOCRACY WORKS.

  39. Re:It's all part of the plan by NeutronCowboy · · Score: 1

    The next Republican who claims that Slashdot is a liberal haven where republican/conservative views are squashed due to groupthink will get this comment and its informative mod linked.

    --
    Those who can, do. Those who can't, sue.
  40. Re:Uh, isn't that covered in the constitution alre by I_Voter · · Score: 1

    RE: Article II, Section 2 of the US Constitution: The Supremacy Clause

    The fact that fully ratified treaties have constitutional authority, became more significant to me when I discovered that President George H.W. Bush had signed something called The Copenhagen Document.

    The Copenhagen Document of the Helsinki Accords states in part:
    (7.6) - respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equal treatment before the law and by the authorities;..

    I would love to have the Senate ratify it, and have that treaty become Constitutional law.
    See: Copenhagen Document
    http://en.wikipedia.org/wiki/Ballot_access

  41. Re:Uh, isn't that covered in the constitution alre by Vancorps · · Score: 1

    I specifically said that the definition in use is not the correct definition. You are correct on what the actual definition is but congress has not declared war on Iraq and we've been there for many years now. There have been many engagements lasting longer than 90 days that we have participated in without a declaration from congress.

    Hence my statement about Congress stopping Bush from spending trillions on Iraq. Many thousands of died as a result and there is no declaration from Congress.

  42. -1, over lengthy rant by u38cg · · Score: 1

    Chill out and have some orange juice. This is advice from someone who chose not to spend mod points on you :p

    --
    [FUCK BETA]
  43. canada IT WILL by Anonymous Coward · · Score: 0

    Section 12 of the charter of rights and freedoms
    CRUEL and UNUSUAL PUNISHMENT

  44. Re:The people's will by Glock27 · · Score: 0, Flamebait

    Eat a dick.

    How eloquent. Nice job hiding as an AC, too. Man up and post so we know who you are, loser. :-)

    No, seriously. I'm sure you were cheering when Shrub forced a trillion dollars of wars down our throats, wiretapped American citizens in direct violation of the FISA regulations, and illegally ordered prisoners of war to be tortured.

    Nice talking points, with oh so little substance though. I guess you forgot there was broad bipartisan support for both wars, and almost every country's intelligence agency thought Iraq had a nuclear weapons program. Apparently many have forgotten that UN inspectors actaully observed both chemical and biological agents in Iraq.

    I suppose you've also forgotten that 0, among his myriad broken campaign promises, has kept right on slogging both in Iraq and Afghanistan.

    And your claim regarding HCR isn't even accurate, not that it would matter given how many lies the Rethugs have put out there.

    "Rethugs", how clever.

    At any rate, you are dead wrong once again. Check out this Gallup poll, showing only 36% approve of 0's handling of healthcare. Even the most left leaning of "news" sources can't ignore the facts. Get yours straight next time.

    How can an elected body pass legislation with a majority of the votes and NOT represent the will of the people? THAT'S HOW DEMOCRACY WORKS.

    Your comprehension of English is abysmal. The "will of the people" is most directly what the majority of the people want. Of course, we don't live in a pure democracy, we live in a republic, but I'm sure you knew that. THAT is why our "elected representatives" have power instead of it being straight majority rule.

    The idiocracy currently in power will find out about the true will of the people in November this year, and on election day 2012. That is if 0 doesn't ban elections in the name of some convenient crisis or another. I'd put very little past him given his narcissism, arrogance and hatred for America.

    --
    Galileo: "The Earth revolves around the Sun!"
    Score: -1 100% Flamebait
  45. Re:It's all part of the plan by Kral_Blbec · · Score: 1

    I think after this and the Clintons, No one with any brains would vote for or claim to be Democrat.

    When did they?

  46. Re:Uh, isn't that covered in the constitution alre by Kral_Blbec · · Score: 1

    They needed 2/3rds for health care too.. See how much that stopped them?

  47. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    No. Wealth is not the only power in the US.

    It might not be but it is increasingly becoming the only power that matters.
    Most of the non-corporate lobbying groups have single issues and rarely get involved in
    matters outside of whatever they have a chip on their shoulder about. The others mostly
    dont have the money or resources to do anything.

    While Google might be against ACTA it doesn't seem to go against Google's "future" business
    interests. Google wants to become everyone's gateway to the net. They want to be your ISP,
    your search engine, your browser, your office suite, your medical records keeper, your
    entertainment provider. They want everything you do to be with them. Its all data they can
    collect, index and sell to advertisers. If ACTA passes they'll still want to be your ISP
    but one that sells you a walled garden where you can legally share music, tv & movies (with
    targetted ads of course).

    Ultimately ACTA requires closer monitoring of people's internet usage and that is that Google is all about.

  48. Re:Uh, isn't that covered in the constitution alre by commodore64_love · · Score: 1

    Because the new Executive Agreement effectively does this to the People's Constitution: "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties (strikethrough) provided two thirds of the Senators present concur (/strikethrough)"

    I wonder if this EA idea also applied to the EU? Would their new president have the power to ratify treaties without the concurrence of the Parliament?

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  49. Re:Uh, isn't that covered in the constitution alre by Kral_Blbec · · Score: 0, Troll

    "The ridiculous spending of the Bush era..."
    How quaint. When Bush did it, it was bad. When Obama speeds it up a gazilion times, its good?

  50. Bad idea by Arancaytar · · Score: 1

    Mr. President, do you *want* to drive geeks to joining the teabagger Republicans?

    There's enough crap on the internet about your imaginary violations of the Constitution that you should probably avoid actually violating it.

    Sign ACTA and I'll de-friend you on Facebook. No, really.

  51. Re:The people's will by NeutronCowboy · · Score: 2, Insightful

    Just as bad (or possibly even worse) the "Democrats", who're supposed to be the "party of the people" are ignoring the clear will of the people in many cases. For instance shoving healthcare "reform" down our throats which around 60% of the citizens don't want.

    I thought the point of a "republic" was that it isn't just a tyranny of the majority. Maybe, just maybe, Healthcare reform is something that needs to be implemented over the objections of a majority? Or would you like to argue that direct democracy is a better form of government? Or is it just that you're pissed that your will isn't followed by all around you?

    0 is on a roll of ignoring the Constitution. It appears he views it as an outdated, inconvenient obstacle to be overcome.

    You mean, he doesn't agree with your interpretation of the constitution. Or did you miss the parts of the constitution that were ignored in about, oh, a half-dozen major changes to the American Landscape in the last decade?

    The arguments you're making are nothing but hot air and empty rhetoric, that can be applied to any situation. Unfortunately, that means that even if Obama would do exactly what you want him to do, the US would just continue down its current path - because you don't have a problem with the system, just merely with the direction the system is heading in.

    --
    Those who can, do. Those who can't, sue.
  52. Re:The people's will by Anonymous Coward · · Score: 0

    Better to wait for a Free Health Care card than the Men In Black swooping in and shooting up your whole family because your neighbors reported you for...anything - 2001-2009. McCartyism Part II

  53. Re:Uh, isn't that covered in the constitution alre by WhatAmIDoingHere · · Score: 1

    You have to be a millionaire to get elected. Wealth is the greatest power in this country.

    --
    Not a Twitter sockpuppet... but I wish I was.
  54. Re:Uh, isn't that covered in the constitution alre by WhatAmIDoingHere · · Score: 0, Troll

    When Bush spent billions, it was to kill poor brown people.

    --
    Not a Twitter sockpuppet... but I wish I was.
  55. Re:The people's will by WNight · · Score: 2, Interesting

    Funny how someone who didn't needlessly start a war over lies and waste trillions outside the country can be "one of the worst".

    Somewhere in the bottom 50, you mean?

  56. Re:The people's will by ceoyoyo · · Score: 1

    Actually, it seems that the US government doesn't really work the way you think. There doesn't seem to be anything clearly illegal about a president "making law" by signing treaties unilaterally. The article says it's even fairly routine in some situations.

    Perhaps your constitution needs a bit of a clean up. Such as requiring that treaties be ratified by your legislative branch before becoming law.

  57. The more I see of Obama... by l0ungeb0y · · Score: 0, Offtopic

    The more I see of Obama, the more I want him impeached.
    I feel like I made a BIG MISTAKE voting for the guy.

    Like many people, I laughed at the right wing hysterics as mindless wharrgarbl, but this guy seems to be taking it upon himself to trample the constitution even more than Bush did. And while the Bush administration might have lied and cheated their way through getting Congress and the UN to back the Iraq war, at least they followed protocol and used proper channels.

    The fact that Obama's health care plan took his promise for single payer universal coverage and turned it into a socialized cash-cow for insurance corporations with a unique provision forcing us to buy coverage or pay a "tax-penalty" and seeing him now trying to claim some sort of dictatorial power to force ACTA down our throats is startling. This is the second time he's taken a decidedly pro-corporate and potentially anti-consumer stance.

    What next? Declaring we will get lower media prices and be allowed to use P2P freely without persecution, but must buy x-amount of MP3s, CDs and DVDs a month or pay a "tax" penalty? While it remains to be seen, I think the HCR Bill will prove to be the first of many attempts to socialize industry while forcing citizens to buy from or otherwise subsidize those industries with their non-taxed dollars.

    Frankly, I think this direction he's taken towards establishing a socialized corporate state is alarming and a serious threat to our civil liberties.
    It could quite literally end up making US citizen's indentured servants to corporations by levying "mandates" to force us to spend our non-taxed dollars on corporate goods and services. And while this may sound unprecedented and extreme, so have been the actions of Obama in regards to the HCR BIll and ACTA.

    At the minimum, I think Obama needs to stand up and make his intentions clear. Why is he so adamant about ACTA? How can he declare victory with the HCR when it seems all he did was take away the socialist system he promised the PEOPLE and gave it to the corporations who have an obvious conflict of interest and have been little more than foxes guarding the henhouse? Obama's been great when it comes to grandstanding with photo ops and buzzwords. But what about a truly informative statement about his intentions with these brazenly pro-corporate endeavors?

    1. Re:The more I see of Obama... by MartinSchou · · Score: 1

      The more I see of Obama, the more I want him impeached.

      Let me guess - you also want him charged with treason?

      Do you have any idea what exactly are required to impeach someone? Or are you just throwing that word around because it has a nice ring to it?

      Also, why only Obama? The ACTA has been in the works since 2006, and I'm pretty sure Obama hasn't had anything to do with it before he took office.

      And why is Obama the only who who needs to speak up on why he wants the ACTA? How about every single federal politician - they do have the power to stop it if they so wish, but I rather doubt they do.

      But I suppose you're right. It's much simpler to just scream at the top of our lungs that we want to see the blood of the scape goat and just ignore all the people who are also backing this ridiculous thing.

    2. Re:The more I see of Obama... by michaelhood · · Score: 1

      The ACTA has been in the works since 2006, and I'm pretty sure Obama hasn't had anything to do with it before he took office.

      "According to Congressional records, since 2002 (when he took over the powerful Senate Foreign Relations Committee) Senator Biden had sponsored five pro-copyright bills and co-sponsored three. Among these bills includes the Family Entertainment and Copyright Act of 2004, of which the similar yet brutal 2005 edition became law. Another was the Perform Act of 2006, which intended to restrict the recording and playing back songs off satellite and internet radio (this died in committee).

      While the content industry as a whole was neutral during the 2008 election (with the RIAA supporting John McCain and the MPAA supporting Barack Obama in terms of donations), the industry nonetheless rallied their support to Biden (and, to a less extent, Obama) upon his election. In fact, it was through sources at the RIAA that Tiny Mix Tapes was first made aware of Joe Biden's position on copyright."

      Also: http://www.tinymixtapes.com/features/2008-war-copyright8482

  58. Short answer ... by ScrewMaster · · Score: 3, Insightful

    Will ACTA Be Found Unconstitutional?

    Yes.

    Will Obama sign it anyway?

    Yes.

    --
    The higher the technology, the sharper that two-edged sword.
    1. Re:Short answer ... by MobyDisk · · Score: 1

      Next time, we should elect a constitutional law professor to be president. Oh...wait...

    2. Re:Short answer ... by ScrewMaster · · Score: 1

      Next time, we should elect a constitutional law professor to be president. Oh...wait...

      Yes, well, most people know right from wrong, but a lot of them still behave badly in spite of that. I'm sure that Obama knows the Constitutional status of ACTA much more clearly than any of us Slashdotters, but given that he's a. a Democrat and b. has a VP who is probably more beholden to Hollywood than he is and c. has been stacking the deck in favor of big rightsholders since he took office, I think he'll sign it anyway.

      --
      The higher the technology, the sharper that two-edged sword.
  59. Re:The people's will by Glock27 · · Score: 1

    Just as bad (or possibly even worse) the "Democrats", who're supposed to be the "party of the people" are ignoring the clear will of the people in many cases. For instance shoving healthcare "reform" down our throats which around 60% of the citizens don't want.

    I thought the point of a "republic" was that it isn't just a tyranny of the majority. Maybe, just maybe, Healthcare reform is something that needs to be implemented over the objections of a majority?

    I actually agree in principle with the idea of healthcare reform. It's just that real reform wouldn't look anything like the abortion that the Dem majority and President have conceived.

    Even despite their constant lying about the cost, people have seen through them. The cost will in reality be enormous and force enormous direct and indirect taxes on the middle class. Yet another broken campaign promise.

    Forcing Americans to buy insurance is flat-out unconstitutional and un-American.

    Or would you like to argue that direct democracy is a better form of government?

    Not at all, just that the "Democrats" are supposed to be more, not less, directly responsive to the people. Many of them have been famous for their changing positions based on polls. Clearly, 0 isn't in that category.

    Or is it just that you're pissed that your will isn't followed by all around you?

    That's probably a good idea, but I leave that as optional. ;-)

    0 is on a roll of ignoring the Constitution. It appears he views it as an outdated, inconvenient obstacle to be overcome.

    You mean, he doesn't agree with your interpretation of the constitution.

    Show me where in the Constitution (note capitalization) that the Federal Government is authorized to mandate that citizens buy goods or services. It's not a matter of "interpretation", the language is quite clear. Amazing that the Constitution accomplishes so much in just a few pages, so very unlike modern legislation that apparently requires thousands, and that legislators don't even bother reading or understanding before voting. It's ridiculous.

    Or did you miss the parts of the constitution that were ignored in about, oh, a half-dozen major changes to the American Landscape in the last decade?

    Not at all, nor did I like all of those changes. The thing I want least of all, though, is a change that vastly expands the Federal Government while very probably bankrupting the country.

    The arguments you're making are nothing but hot air and empty rhetoric, that can be applied to any situation. Unfortunately, that means that even if Obama would do exactly what you want him to do, the US would just continue down its current path - because you don't have a problem with the system, just merely with the direction the system is heading in.

    I would like to see the "system" revert to that described in the founding documents, with a limited government that mostly minds its own business and stays out of mine.

    The country might even become prosperous again under such a system. ;-)

    --
    Galileo: "The Earth revolves around the Sun!"
    Score: -1 100% Flamebait
  60. Individualism died by Anonymous Coward · · Score: 0, Insightful

    The Civil War killed States rights (I agree completely that slavery needed to end, but the Civil War was not about slavery, read some history). Over the decades since, the federal government, through the IRS, SSA, Medicare, Medicaid, Land various subsidies and other Federal programs has quickly eroded the concept for individualism and personal responsibility. You have a right under the Constitution to Life, Liberty, and the Pursuit of happiness. Your right to liberty and pursuit of happiness is being seized from you by the federal government. You have no right to Prosperity, it must be earned. They are undermining your economy and telling you that you need to be saved by them. THEY CANNOT SAVE YOU. THEY ARE NOT MAGIC. YOU DO NOT NEED TO BE SAVED BY THEM.

    Your future, your life, your dreams have always been your responsibility and your gift to the world. Through taxes, subsidies, and federal programs, they are trying to control what you eat, where you live, the kind of car you drive, whether your spouse has a job, who cares for your child, whether you use a tanning booth, how much you drive your car, ad nauseum. They have do not have the right to manipulate our lives this way. They are NOT qualified to manipulate our lives this way. We do NOT need them to manipulate our lives this way.

    Change the tax laws, take away their money and power! There was no personal income tax prior to the civil war and the country was better for it. They do not need that kind of power over you, that are not authorized that kind of power, and it is literally killing our country.

  61. Re:Uh, isn't that covered in the constitution alre by WNight · · Score: 2

    The US and the shit they spread - ACTA/DMCA, Iraqi/Afghan war, torture mentality, killer cops, etc is covering the whole world, where do you hope to go?

    Would it be too much to ask for you to stay there and fix the problem? Excessive lobbyists could catch a little "civilian lobbying", politicians who don't do what they say (or break the law) could be hung...

    Not only would it help the world, but you'd be able to stay home and it wouldn't suck. Clean up your yard.

  62. What else did you expect? by fotbr · · Score: 0, Troll

    Seriously. What. Else. Did. You. Expect.

    Obama has shown over and over than he has no concern for what the people want. In his mind, he was elected king, and will do anything he wants, the people and the constitution be damned. He may not be as stupid as Bush was to call the constitution "just a god-damned piece of paper" around cameras but he certainly doesn't have any more respect for it.

    1. Re:What else did you expect? by fotbr · · Score: 1

      Go ahead, mod me troll because I don't kiss Obama's ass. I don't kiss any politicians asses since they're ALL lying bastards. Every last one of them should be limited to one term and barred for life from any other public office - limit the damage they can do, and limit the pandering since they're not trying to save their job or line themselves up for a different one.

      Find me ONE politician that really believes they are there to serve the public, and isn't serving themselves first. Just one. I won't hold my breath.

      On the other hand, this country is getting exactly the leadership it deserves. When people vote for slogans and red/blue instead of forcing people to take a position and voting on those positions, they deserve to be bent over and fucked. Unfortunately, it screws the rest of us as well.

  63. i say... by hitmark · · Score: 1

    that USA is the nation with the least to worry about from ACTA. Mostly because its various "piracy" additions come from USA in the first place, and is mostly about exporting DMCA to other nations.

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  64. acta by Anonymous Coward · · Score: 0

    Funny where were all these people when bush was using signing statements on all kind of shit.

  65. Re:The people's will by Anonymous Coward · · Score: 0

    "No, that is not how American government works."

    What does the American government have to do with democracy ?

    That's like stating that the People's Republic of China is a communist state.

    Maybe in name, but not in practice.

  66. Re:The people's will by epee1221 · · Score: 2, Informative

    The Constitution already requires legislative approval (specifically, a 2/3 vote by the Senate) on treaties -- it states that the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur."

    --
    "The use-mention distinction" is not "enforced here."
  67. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    They got 2/3rds of the vote for health care, though granted not for reconciliation. It doesn't look like they are going to even attempt a Senate vote on this on.

  68. Tweedledum and tweedledee. by argent · · Score: 1

    You've chosen the party that is all about coercion and not freedom.

    As opposed to the party that is all about coercion and not freedom?

  69. Re:The people's will by sycodon · · Score: 1

    Maybe, just maybe, Healthcare reform is something that needs to be implemented over the objections of a majority?

    Classic case of "shut up, we know what's best for you."

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  70. Re:The people's will by shentino · · Score: 1

    The US is already bankrupt.

    The national debt is too large to pay off.

    Once the entire federal budget has to be devoted to interest, we're screwed.

  71. DMCA? by Anonymous Coward · · Score: 0

    It just seems like there are more and more straws on the camels back, starting with around W's presidency.

    So, DMCA wasn't an issue?

    We've had major issues with unilateral action by POTUS for some time.

  72. Re:The people's will by TheRaven64 · · Score: 2, Informative

    I guess you forgot there was broad bipartisan support for both wars, and almost every country's intelligence agency thought Iraq had a nuclear weapons program.

    I can't comment on the first part of this, because I wasn't really paying attention, but the second part is completely untrue. Two intelligence agencies thought Iraq had an active nuclear program. The UK disclosed all of their evidence before the invasion and it was far from conclusive - the strongest evidence in the document was that Iraq was importing magnets (which, clearly, have no non-nuclear uses...).

    From talking to people involved with the decision a bit later, the British and US intelligence agencies disclosed everything that they knew to the other, but both assumed that the other side was holding something important back. Neither group had any evidence of a nuclear program, but both thought the other had and wasn't sharing it.

    For everyone not part of the intelligence SNAFU, it was obvious that the invasion was ill-advised. That's why a million people marched on London to oppose it.

    Apparently many have forgotten that UN inspectors actaully observed both chemical and biological agents in Iraq.

    Yes, and the observed these programs being destroyed long before your invasion.

    That is if 0 doesn't ban elections in the name of some convenient crisis or another. I'd put very little past him given his narcissism, arrogance and hatred for America.

    Funny, I seem to remember exactly the same rhetoric about GWB.

    --
    I am TheRaven on Soylent News
  73. Re:Uh, isn't that covered in the constitution alre by DoofusOfDeath · · Score: 1

    Not only would it help the world, but you'd be able to stay home and it wouldn't suck.

    I'm one person out of ~309 million. For all practical purposes, I have no capacity to fight this zeitgeist.

    Clean up your yard.

    It sounds like you're blaming this on entirely the U.S. While I do hate the U.S.'s role in exporting antisocial policies, I'd like to point out that other countries are free to not adopt them.

    Also consider that having a highly productive members of society "vote with their feat" can be influential as well.

  74. Re:The people's will by TheRaven64 · · Score: 2, Insightful

    Why is this a troll? This is exactly what Bush's supporters were saying about all of his actions. See also comments about his being the Commander In Chief and The Decider. It seems that people are now learning that if you award powers to a political office then it's hard to remove them when someone you don't like is in power.

    --
    I am TheRaven on Soylent News
  75. Re:The people's will by ceoyoyo · · Score: 1

    Thus the cleaning up. Obviously that clause doesn't always apply, it isn't clear it should always apply, the definition of a treaty isn't clear, etc, otherwise there wouldn't even be a question of a "sole executive agreement."

  76. Re:The people's will by Omestes · · Score: 1

    Not the AC.

    "Rethugs", how clever.

    Yup, a its about as clever as calling Obama "0". Pot meet kettle.

    Your comprehension of English is abysmal. The "will of the people" is most directly what the majority of the people want. Of course, we don't live in a pure democracy, we live in a republic, but I'm sure you knew that. THAT is why our "elected representatives" have power instead of it being straight majority rule.

    This isn't actually true. There was some among the Founders who obviously thought that requiring a simple majority of citizens to pass laws and bills was a bad idea. This is why we're a representative democracy and not a straight democracy. Often times the electorate isn't informed or educated enough to make some decisions (treaties, wars, and such), and sometimes elected representatives are forced to make unpopular decisions for the common good , our system allows for this.

    At any rate, you are dead wrong once again. Check out this Gallup poll [newsweek.com], showing only 36% approve of 0's handling of healthcare. Even the most left leaning of "news" sources can't ignore the facts. Get yours straight next time.

    I've seen several polls with widely varying numbers. I've seem single polls on the issue with wildly varing numbers depending on how the question is asked. Which poll do we go by? I know the answer, the one you like and that supports your political tilt. This is true for everyone. I haven't actually seen a well sampled bill (i.e. not on a blag, or news site) that has the opponents of the bill representing a meaningful majority over those that supported it. Generally the percentages work up around 42% in favor, and 46% against (which is about the same margin as most of our elections, incidentally). In these cases things become tricky, since can you really crap on the will of 42% of the electorate to make 46% happy? And of these, probably 90% of each camp don't care strongly, leaving 10% of the population who have very strong opinions and a deep love of waggling their tongues.

    . I guess you forgot there was broad bipartisan support for both wars, and almost every country's intelligence agency thought Iraq had a nuclear weapons program. Apparently many have forgotten that UN inspectors actaully observed both chemical and biological agents in Iraq.

    You managed to make a nice fallacy, and completely ignore the point. Just because something is bipartisan doesn't make it right. If I get some democrats, and some republicans, to agree that we should burn the Constitution does it make it more right than if I just had some democrats OR some republicans agree?

    The republicans are just as apt to pass heinous laws as the Democrats. In fact, I'll take 10 crappy half-assed facist health care bills over half of a USA PATRIOT ACT. We also forgot that Bush did many illegal things on his own, with out the patina of bipartisanship, like warrantless wiretaps. As it stands, both parties are corrupt, backwards, and rather hostile to the American people.

    Right now bipartisanship is part of the problem. If not for willy-nilly "reaching across the aisle" crap, we would have have actually reform, and not just another bill to force my money onto greedy antisocial corporations. Being that you love polls so much, most polls from the beginning of this healthcare debacle claimed that most Americans support reform with a socialized aspect (a "public option"). but Obama killed that by trying to get some contrarian Republican survivors to sign off just so he could claim the meaningless label of bipartisan. The Republicans are playing pure politics, and don't give one ass about the American people right now. They are out to win the next election, and "destroy" Obama. No matter how much you like the sentiment, this is NOT good practice, and not good for America as a whole.

    And yes, Obama had a mandate for healthcare reform (which is now squandered), and popular support. He was elected with a fair majority, and pledged to

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  77. Re:Uh, isn't that covered in the constitution alre by I_Voter · · Score: 1

    commodore64_love
    the new Executive Agreement effectively does this to the People's Constitution:

    I wish that was true! However; as an example, President George H.W. Bush has signed something called The Copenhagen Document. The Copenhagen Document of the Helsinki Accords states in part:

    (7.6) - respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equal treatment before the law and by the authorities;..

    I wish that had constitutional authority, but it does not! The Senate has not ratified it. Not to mention that the SCOTUS can use the literal, historical, liberal. conservative, living, and total joke, interpretations of the U.S. Constitutions in their rulings.

    See: Copenhagen Document
    http://en.wikipedia.org/wiki/Ballot_access

  78. Re:The people's will by Anonymous Coward · · Score: 0

    The point of a CONSTITUTIONAL republic is that it isn't just a tyranny of the majority. The problem with that is, the government considers the law to be a hindrance on its powers, and routes around it. Since government is founded as a monopoly on violence, who the hell has the power to tell them "no! bad dog!"?

  79. Re:The people's will by Anonymous Coward · · Score: 0

    No. The war was well founded, had huge majority support of both democrats and republicans alike, and inteligence at the time indicated a need. It's one thing to say the war was bad in RETROSPECT, but you cannot compare Obama implementing knowingly unconstitutional laws to Bush's generally agreed upon war as there is no commonalities.

  80. Re:The people's will by hduff · · Score: 1

    "Obama won the election and represents the will of the people. He can do what he wants. That's democracy."

    The USA is a constitutional republic. It has never been a democracy.

    The US Constitution defines and limits the powers of each branch of the government (legislative, judicial and administrative).

    The person who made the quoted statement is simply wrong and sadly ignorant of the facts.

    --
    "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
  81. Re:The people's will by DarkKnightRadick · · Score: 1

    Really? The clause has no exceptions what-so-ever anywhere in the Constitution. It is also very clear.

    The question of "sole executive agreement" is pretty much the same as "executive order". Where does it exist in the Constitution? It is neither implied nor can be inferred by it or the 27 current amendments.

    --
    "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
  82. Re:The people's will by DarkKnightRadick · · Score: 1

    Actually, in name we are
    The Federal Republic of the United States of America.

    But yes, in practice we are not, quite unfortunately.

    --
    "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
  83. Re:The people's will by sycodon · · Score: 1

    "The next Democrat who claims that Slashdot is not a liberal haven where inane comments by morons are marked insightful will get this comment and its Insightful mod linked."

    Save the Planet...recycle comments.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  84. So you think Congress will save us? by Valdrax · · Score: 3, Insightful

    If ACTA passes as it is today, we are all going to be screwed. Keep up the pressure on your elected representatives.

    Oh, and which party do you think is going to object to a stilted treaty that puts the desires of one of America's few export industries over the needs of petty citizens? Democrats and Republicans are overwhelmingly in favor of stronger copyright. No previous extension of the reach of copyright has faced major opposition.

    Here's what will happen. You'll get the bill before Congress. Someone will motion for a voice vote. With their hands washed clean, the bill will pass without any record to let us hold the people who voted for it responsible. No muss, no fuss, and the only people who lose out are us little people.

    That's how the Sonny Bono Act was passed. That's how the DMCA was passed. That's how this monstrosity will pass if it ever gets before Congress.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:So you think Congress will save us? by Anonymous Coward · · Score: 0

      I've written to my representative.
      It matters not. He votes to tow party lines.
      useless.

  85. Re:Uh, isn't that covered in the constitution alre by Sir_Lewk · · Score: 1

    I'm one person out of ~309 million. For all practical purposes, I have no capacity to fight this zeitgeist.

    So was Gandhi. Imagine if all of the great leaders in this world had simply said that?

    --
    "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
  86. Re:The people's will by Anonymous Coward · · Score: 0

    More accurately, that is how a republic works.

  87. Re:Uh, isn't that covered in the constitution alre by DoofusOfDeath · · Score: 1

    So was Gandhi. Imagine if all of the great leaders in this world had simply said that?

    For every Ghandi, there are probably tens of thousands of would-be Ghandis that effect little or not significant change.

    Also, one reason leaders like Ghandi are effective is because there's a sizable number of other people who have the same sensibilities, and are just waiting for a leader to organize them. Part of my despair about the U.S. is that the majority of persons here seems to place little value on the rule of law (including adherence to the national constitution) or prosecuting those who commit torture. And those who do care, who tend to end up in the Libertarian and Democratic parties (respectively), have demonstrated that they're completely ineffectual on these matters.

    So I stick by my conclusion. The combination of life being so short, and the odds of my being effective here are so low, that I'd rather just live out my days in a country that doesn't cheer-on torture.

  88. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    They needed 2/3rds for health care too.. See how much that stopped them?

    Actually, they only needed 60% for health care, and they got it (sort of). Back when they had 60 Democrats. Now they have 59, so how do you think they're going to get 67?

  89. HA HA!! by Anonymous Coward · · Score: 0

    Miss me yet? We'll be back.. cuz you dumbasses don't know how to vote for anyone else. Fuckers.. - GWB

  90. Re:Uh, isn't that covered in the constitution alre by sl3xd · · Score: 1

    You need 60 votes, not 2/3, to break a filibuster and close debate. That's not quite the same thing as needing that many votes to pass a bill. It's worth noting that a filibuster is much easier to do than in years past where the senators had to be present to defeat a vote to close debate. Now a senator has to do is say they are filibustering and go home - they don't even have to be present or speaking to filibuster anymore. Whatever happened to a reading of the works of Shakespeare on C-Span? Oh well...

    The Democrats had enough votes to prevent a filibuster, and closed debate. At that point, only a simple majority was needed to pass the bill -- which is only 51 votes assuming everybody does vote.

    In fact, any Senate vote on legislation (such as the healthcare) needs only 51 votes (which the Democrats certainly had) to pass. Many talking heads ignore this fact, and concentrate on the idea that breaking a filibuster is the same as voting for legislation. It's not. But most pundits (from every side of the political spectrum) aren't interested in presenting the facts or telling the whole truth. Their business is to get people to listen to the commercials during their shows. The way they do it is good 'ol fashioned demagoguery and chest thumping; calling to people's emotions (usually outrage and anger -- easy targets) rather than a listener's head.

    A 2/3 majority (ie. 67 votes) is needed for treaties and constitutional amendments, and is fairly rare. (Contrary to popular belief, the Senate killed Kyoto long before W. was involved - it didn't have the votes in the Senate to pass.)

    As the Democrats had already passed the point of filibuster, they used 'reconciliation' to finish the health care bill; Filibusters aren't allowed for reconciliation, and the constitutionally mandated simple majority is all that's needed to pass.

    In spite of the recent bluster an berating, reconciliation has been used by the Republicans many times during the W. years for things that suited their ends, and were certainly as expensive, if not moreso. (Such as the Iraq war...)

    --
    -- Sometimes you have to turn the lights off in order to see.
  91. American Democracy Prime: by Upaut · · Score: 4, Insightful

    A few people seem to have forgotten how Democracy works in this country, as is lined out by our constitution:

    First we have the Soap Box (The right to peaceably assemble, freedom of speech, etc.)

    Then we have the Mail Box (The protection of out letters, as well as the ability to write to our representatives in the government and tell them our views.)

    Then we have the Ballot Box (The electoral college, voting in senators and representatives that agree with your ideals, etc, in case the previous representatives did not work to your needs.)

    Then we have the Jury Box, (Where we can vote that a law or enforcement of a law is unjust. You do not have to vote guilty if a law is broken, you can vote towards nullification... True the courts are trying to ignore this right whenever possible, but we still have it. If you have jury duty, and think cannabis should be legal, and you are sitting in a trial for a non-violent offense of a guy growing pot for his friends and not receiving cash -as example, easier to convince the rest of them with this one- then remind the rest of the jurors that here and now you can work to end the prosecution of cannabis, and work to end the laws.... If you vote together, then he goes free despite being guilty of that law. There will be appeals, and the law will be reinforced by a jury of judges, but if that happens "every" time, the law will eventually be removed.)

    And then we have our right of last resort: The Ammo Box.... (The second amendment is not your right to go deer hunting with a rocket launcher, it is your right to not only bear arms, but to be trained in militias to use them. Until recently, many people would keep weapons from the war in their garage, thinking nothing else of them.... Someone on the block maintained his cannon from the war in his garage, just in case he was called again. But the second amendment as viewed by the author of it, George Mason, was to protect us from the threat of an overreaching government that no longer listens, or works for, the People. -"I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them." Now, if you really want to be patriotic, gather every able bodied friend you have, and organize a militia. Train together, express your desire to protect your town if those damn Canadians invade, or the British come back.... Or anything really. And, worst case, should America turn against Americans, you now have the last line of defense to bring the power back to the people. But at that point, its not about letters anymore. Its about being willing to die for your fellow American. Because there are good chances you will. You will die for your beliefs, and kill other Americans, the soldiers and such, before you fall. You better have noble reasons in your heart, and know that true, because your group will either be a rallying point for all others, or you will be wiped out, vilified by all, and forgotten.

    Then we have the Dirt Box (Re-hash of the Freedom of speech and press. The government does not have the right to hush out and kill an idea, and it gets harder all the time. Did we use these boxes in full in our lives? Will our actions and causes be remembered? Did we print and write and spread our thoughts like seeds into the wind, or was the most we did in life amount to a few +5 posts on Slashdot? Or did we manage to stop the corporatocracy, and bring back the Democratic Republic that we hold dear? Did we put a few extra term limits on each level of government, so that we will not just become a plutocracy in most things again? Where rick lawyers can no longer "retire" into a lifetime of politics- preserving the institutions that make lawyers rich in the first place? If you want to have a better system of health care, stop electing politicians that are former malpractice lawyers.... Lawyers will always make sure lawyers are needed in the future. If you don't like ambulance chasers, don't think he will do better running you local governmental institution.....

    And thats our government in a nutshell. If you don't like something, write down what you want to happen, start collecting signatures; even if it means missing the new episode of House you want to watch.

    --
    3 degrees of separation from Vladimir Putin
    1. Re:American Democracy Prime: by seekertom · · Score: 1

      mr, mrs, or ms upaut. you are quite right in your assessment of the situation. here's what i have to ask, maybe even it's a suggestion.... there are many articles here in /. where so many posters drift off the article and go on a rant about what is wrong, not only with America, but also the rest of us in this world, that i have come to the conclusion that not only is there something really wrong here, but 'suddenly' a hulluvalota folks are beginning to realize it isn't a simple failure of one political party or another. rather, it is a problem with who is really in control of the world, us or them. in engineering school we learned this about problem solving... first, you must recognize there is a problem. second, you must specifically identify the problem. third, you brainstorm and make a list of every conceivable possible solution to the problem. fourth, check each possibility and prioritize most likely solutions to fix the problem. fifth, attack the problem with each possible solution until you have sucessfully eliminated the problem. my thoughts.... 'first' has been accomplished already-- most of us feel that 'something's' wrong here. 'second' is where we have the first problem.... there's still way too many of us who think it's a rep or dem problem, rather than realizing that what's wrong is that there are some who want a global govt, with them at the top and us at the bottom, and they don't give a hoot how they do it. and they can buy any politician they want to get there. hopefully, with enough discourse from the rest of us, those slaggards will eventually understand what's happening to us. 'second' and 'third' is what we have here at /., except not as efficient as necessary to get the job done. herein lies my suggestion.... we need a forum specifically geared to everyone voicing their opinion of 'what's really wrong here'. i'd like to think a lot of folks would take this seriously, and offer up a lot of 'second' and 'third' stuff, and maybe even form a vibrant consensus we could run with. as it is, we all do our rant and the next day a new topic catches our eye and we rant about that, but in the long run, nothing is accomplished. it's almost like the powers to be have placed this /. here as a release-valve for us to let off steam and then faggeddaboudit. we need more. we need to have a better vehicle for communicating this one idea... fix our damn world! so i ask you, how to do this???? thanks fer lis'nin' seekertom

  92. Re:The people's will by Toonol · · Score: 1

    Insightful? Good grief. Some people treat moderation like a football game: This comment is on "my side", so must be modded up, no matter how poor... or the inverse, it's on "the other side", so must be modded down, regardless of well it may be written.

    Do better, slashdotters.

  93. Re:It's all part of the plan by Toonol · · Score: 1

    Do you realize the flaw with your cunning plan, yet?

  94. Re:Uh, isn't that covered in the constitution alre by WNight · · Score: 1

    I'm one person out of ~309 million. For all practical purposes, I have no capacity to fight this zeitgeist.

    No, you're one out of ~6.5B, some closer than others. If you admit that it's nobody else's problem either you're left with taking your share and encouraging others to do the same, you might even get some help.

    It sounds like you're blaming this on entirely the U.S.

    ACTA itself yes, perhaps, but you're right that it's larger than any given thing.

    While I do hate the U.S.'s role in exporting antisocial policies, I'd like to point out that other countries are free to not adopt them.

    Free, if they don't mind tariffs on all their products, fine, penalties, blockades, etc. Like I'm free not to pay taxes, if I don't mind being forcibly relocated to jail.

    Free to, but powerless not to. Like you, but more.

    Also consider that having a highly productive members of society "vote with their feat" can be influential as well.

    Well, I am advocating for you voting with your feat. Dump the tea in the harbour, burn down RIAA headquarters, string up Diebold execs and politicians who buy their machines, etc. But I know that was a typo and won't happen...

    But yes, vote with your feet. Leave. Pussy out and run away. After all, it is the way to live to fight another day.

    Even if it works (for you) though it leaves the original problem for everyone else. Who knows what would have happened if people had been committed to keeping Germany sane post WW1 instead of fleeing - often just far enough to get caught once WW2 started.

    Ask for help if you need it (foreign election advisors, etc) but if you leave you'll just find your problems followed you.

  95. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    66 != 60

  96. Re:The people's will by Anonymous Coward · · Score: 0

    Actually D.C.,military bases and other government holdings are the Federal Republic of the United States of America. Everything else is the several united states. Note caps.
    This is actually important in federal courtrooms and has a lot to do with your constitutional rights which only apply to the people of the several states. Once you are on Federal holdings, your constitution is gone.Poof! Other chicanery includes making your property a federal holding by having a federal address which allow your rights to be removed whenever it is convenient for the Fed. There is no getting around this in theory if you still want mail delivered. We are the frogs who are currently being boiled because we didn't notice the heat going up slowly. Probably too late now without a massive bloody revolution. Welcome to Big Brotherland 1984. We and our labor are now the monetary system the dollar is based on. Wait'll China decides to collect on their part of our national debt they own. That is why the Panama canal is gone and China owns ex Military bases on our soil. It only gets worse from there. But we can thank mostly our Democrats and partly Republicans for this transition. We started falling to shit with president Wilson and it's been downhill from there. Slowly boiled froggy, U.S. style...

  97. wrong by Weezul · · Score: 1

    You are wrong. Poor starving people almost never revolt. Revolutionaries are rich kids who either get religious like communists or get threatened by taxes like the american revolution. I'd imagine copyright reform driving violent revolution in the U.S. before starvation in Asia. That said, we've no basis for violent revolution because people who want power can easily obtain it through election.

    I'll vote against any president that signs the death warrant for thousands of poor people in Africa and South America that we call ACTA, even if that means voting for some moron like Sarah Palin. I'm a ver practical person who understands why there are compromises, but some things are so evil they are non-negotiable.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    1. Re:wrong by MindlessAutomata · · Score: 1

      You're half-right. Poor starving people revolt, it's just not the poor starving people that lead the revolutions.

  98. Re:Uh, isn't that covered in the constitution alre by Vancorps · · Score: 1

    I don't think you read my whole post as I said that Bush extending powers paved the way for Obama implying that the ridiculous spending was bad no matter who was doing it. Reading into sentences too much perhaps?

  99. Re:Uh, isn't that covered in the constitution alre by DoofusOfDeath · · Score: 1

    You're very quick to sign me up for these things. How about you show us all how it's done? I don't know your face obviously, but I suspect that it hasn't been shown on the evening news wherever you live, as part of a documentary on effective IP activism. Of course, I could be wrong.

    You're also presuming that pursuing this goal is most important thing for someone (in this case, me) to pursue. Without knowing my circumstances you can't possibly know whether or not me spending my life fighting for IP issues maximizes the greater good.

    That's all I have to say on the topic.

  100. Re:Uh, isn't that covered in the constitution alre by commodore64_love · · Score: 1

    No Treaty should be ratified except via consent of the People's representatives. That you disagree I find extremely scary. You would leave us at the whim of a single man using treaties to enact any law he pleases, like a modern day version of the Roman Emperor.

    As for parties, the U.S. has a long history of multiple parties: Federalists, Democrats, Whigs, Republicans, Progressives, Reformers, the "know Nothing" Party, Libertarians, and so on.

    And finally:

    The Constitution is not just a piece of paper. It's the Law. You do not ignore the Law, otherwise our government is no longer a Republic. If you want to modify the Constitution, I am fine with that, but it should be done via the proper process (amendment) not by simply ignoring pieces of the Supreme Law that you don't like.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  101. What does the constitution mean now anyhow? by kimvette · · Score: 2, Insightful

    "Harvard's Jack Goldsmith and Lawrence Lessig have an interesting op-ed in Friday's Washington Post, arguing that it would be constitutionally dubious for President Obama to adopt the Anti-Counterfeiting Trade Agreement (ACTA) as an executive agreement.

    It is unconstitutional to vote on changes to a bill and deem that vote as the bill in entirety having passed, and then sign that into law, and yet it happened this week. Where house leaders and the President have stated many times they don't care about rules and process, but about getting things done, don't expect ACTA to have to require 2/3 senatorial approval. Under the current admnistration, executive order will be deemed sufficient, Constitution be damned.

    Besides, how much has the Constitution mattered under any of the current and previous three administrations anyhow?

    We have the power to change things: stop reelecting the same douchebags into congress, and stop electing presidents based on looks or skin color.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    1. Re:What does the constitution mean now anyhow? by Garrett+Fox · · Score: 1

      Actually, they ended up not doing the "deem and pass" move, once people found out about it and raised a stink. Even so, since the feds now claim the authority to take and control anything they please, they're a threat to all of us.

      --
      Revive the Constitution.
  102. It IS unconstitutional. by crhylove · · Score: 1, Troll

    Freedom of Speech should be limited for no reason. Even screaming fire in a theater should be allowed. Of course that theater may choose to ban that patron, and that should also be a freedom that we the people possess. ACTA is clearly just large corporations continually attempting to subvert all human liberty, again. It is disgusting. Obama et al are no better than any of the puss bags we've "elected" since they shot JFK in the face:

    Corporate whore,
    Liar,
    Charlatan,
    Anti-Liberty,
    Anti-Free market (pro monopoly!),
    Anti-Privacy (Warrantless Wiretapping, Patriot Act).....

    I could go on and on, but Obama lied about EVERY campaign promise, just like every president has since JFK got shot in the face. Troops out of Afghanistan? Nope. Troops out of Iraq? Nope. Repeal Patriot Act. Nope, Extend!! End warrantless wiretapping? Nope, even make it impossible to prosecute any of the guilty parties!

    Fuck Obama. Fuck him and every other politician that acts in the interests in the corporations, not the people.

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
    1. Re:It IS unconstitutional. by Valdrax · · Score: 1

      Freedom of Speech should be limited for no reason. Even screaming fire in a theater should be allowed. Of course that theater may choose to ban that patron, and that should also be a freedom that we the people possess.

      So, freedom of speech should never be limited EVER... except when property rights are asserted?
      Seems pretty in tune with the notion of copyright! </tongue-in-cheek>

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  103. Re:The people's will by dryeo · · Score: 1

    Actually, in name we are
    The Federal Republic of the United States of America.

    Which means that you are a federally organized bunch of (North) American states without a monarch.
    By contrast Canada is a federally organized bunch of (North) American provinces with a monarch.
    Both are representative democracies, unlike Saudi Arabia which is an absolute monarchy or N Korea which is republican dictatorship.
    Republican just means no monarch, nothing to do with democracy.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  104. Re:It's all part of the plan by dryeo · · Score: 1

    How the hell can you have both Socialist (people owning the means of production) and Fascist (corporations owning the means of production) in the same sentence. They are opposites and the fascists hate the socialists and the socialists hate the fascists.
    Personally I like socialist ideas like co-ops, credit unions and small businesses, ideally working in a capitalist manner.
    I don't like fascist ideas like huge business that is not answerable to anyone, owns the government and does its best to remove freedoms like the freedom to deal with who you like in a capitalist manner.
    Capitalism works best with a lot of small players instead of a couple of large players who usually own the government.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  105. Re:The people's will by Garrett+Fox · · Score: 2, Insightful

    The Constitution is not the effective law of the land in the US anymore. Our leaders have stated that they have what Ms. Pelosi calls "essentially unlimited" power, and they express shock when asked what constitutional authority they have for their actions. They do not believe themselves bound in any important way by the Constitution. Maybe they think they can't outright kill citizens, but they do think they can take anything they want anytime they want. The government's actions make more sense if you read them that way.

    The question is whether the Supreme Court is still willing to strike down blatantly illegal acts, or whether it's now owned by the "living Constitution" crowd that thinks the document is meaningless. (Based on recent case law, they're split about 4.5-4.5 on that point.) We're going to see that by 2014 or sooner because of the illegal, unprecedented federal health care mandate.

    --
    Revive the Constitution.
  106. Re:The people's will by Anonymous Coward · · Score: 0

    I love this assumption. Not EVERYONE who is AGAINST what Obama is doing supported what Bush did. I was just as unhappy with his bullshit as you are.

    You, sir, can eat a whole bag of dicks. Politics is not a two party zero sum game, as much as fuckheads like you want it to be.

  107. Re:The people's will by Jacked · · Score: 1

    Why should we care about international agreements that we aren't a part of?

  108. Civil War by headkase · · Score: 2, Interesting

    You Americans have the beginnings of civil war on your hands... I'm not kidding: the raping and pillaging of your nation is beginning to bite even ordinary people in the ass. When that happens all it will take is for some kook to fire a potshot at Ferdinand and watch it snowball from there. This'll be interesting, first time of a civil war with a nation that has nuclear weapons. Perhaps your military should just sequester them?

    --
    Shh.
    1. Re:Civil War by OrwellianLurker · · Score: 1

      In all likelihood, what we'll begin to see is an increase of "domestic terrorism." Where it will go from there is questionable. A crackdown, as history shows, would likely result in more violence.

      --
      'Political power grows out of the barrel of a gun.' - Mao Tse-tung
  109. Re:The people's will by Buelldozer · · Score: 1

    "Maybe, just maybe, Healthcare reform is something that needs to be implemented over the objections of a majority?"

    Replace the words healthcare reform with ACTA and reread that. Do you still like what you said? The argument that you made for one is the same that I could make for the other.

  110. Re:Uh, isn't that covered in the constitution alre by Attila+Dimedici · · Score: 1

    I believe that Congress met the Constitutional mandate for declaring war against Iraq. Congress overwhelmingly passed the bill authorizing the use of force. The Constitution never says what Congress must do in order to declare war.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  111. Re:The people's will by Buelldozer · · Score: 1

    That won't be a problem, they'll just say that this isn't a Treaty. They'll call it something else. You watch and see if I'm right.

  112. Re:The people's will by aussie_a · · Score: 1

    almost every country's intelligence agency thought Iraq had a nuclear weapons program

    Australia's intelligence agency didn't think so. And if something is so obvious that OUR intelligence agency picked up on it, what's the excuse for the rest of you?

  113. Re:Uh, isn't that covered in the constitution alre by Vancorps · · Score: 1

    When did this happen? A formal declaration of war was never voted unless I missed something. I do remember in 2002 there was an authorization of force for any party connected to 9/11 but it has long been established that Iraq had nothing to do with it.

    Please enlighten me if I'm incorrect.

  114. Re:Uh, isn't that covered in the constitution alre by blitziod · · Score: 1

    The problem with us is that we let the fox watch the hen house. ( nice ross perot like comment huh) we go through the trouble of a revolution to make a free state, then set up a constitution to limit the power of government. Great idea..BUT WAIT..then we let the GOVERNMENT set up indoctrination centers...oops i mean schools that teach all of our children what the fucking constitution means...Well gee wiz wally what kind of a good job do you think those same government workers are gonna do on teching kids about limiting their powers? ONLY by taking back education( we have made great inroads lately with charter schools) will we take back the hearts and minds of the people and make america truly free again.

    --
    The only way to bust a doper--is when you yourself become a smoker!
  115. Re:The people's will by tsotha · · Score: 1

    Maybe, just maybe, Healthcare reform is something that needs to be implemented over the objections of a majority?

    So. Implemented over the objections of the majority, using powers not granted to the federal government in its charter. So what government act can't be justified under this logic?

    I'd rather live in a banana republic, where the people in charge are busy enriching themselves, than have to deal with a government that thinks it knows what's best for its citizens despite their wishes.

  116. Re:The people's will by Anonymous Coward · · Score: 0

    Well founded on deliberate lies, you mean.

  117. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    No, you're one out of ~6.5B, some closer than others. If you admit that it's nobody else's problem either you're left with taking your share and encouraging others to do the same, you might even get some help.

    Really? So there are some 6+ billion people out there just waiting to help straighten out US government excess? Right. There are plenty out there who armchair politic from their non-US recliners. Not nearly so many who can, or even will, help. The GP is right about being one of 300 million.

    Free, if they don't mind tariffs on all their products, fine, penalties, blockades, etc. Like I'm free not to pay taxes, if I don't mind being forcibly relocated to jail.

    Well.. yeah. Every choice you make costs you something. If the US government-backed policies don't pass your logic gate, tell 'em off. If its more important to have the US market available for your products, then perhaps your country needs to fix its domestic economy issues so as to support the political structure that suits you.

    Well, I am advocating for you voting with your feat. Dump the tea in the harbour, burn down RIAA headquarters, string up Diebold execs and politicians who buy their machines, etc.

    Ah.. from "well sure, if I'm willing to go to jail" to "do things that will get you sent to jail." Not only that, but massive destruction and murder are your suggestions. Brilliant!

    Ask for help if you need it (foreign election advisors, etc) but if you leave you'll just find your problems followed you.

    Yeah.. I'm sure if the GP sent out a call for help, he'd get credible responses. After all, he is a citizen! and has money and influence! Other Americans will listens to him, for sure! Except that 300 million other Americans have basically the same ability to voice their opinions on the net, and the ones who have real political pull don't need non-US political advice.

    The last bit, however, is fairly amusing. Europeans left Europe to escape European problems, rather than sticking around to solve them. And now their descendants are the problem being inflicted on Europe (and elsewhere).

  118. "Unconstitutional"? How quaint by Eternal+Vigilance · · Score: 1

    More likely the Constitution will be found to be anti-ACTA.

  119. Re:The people's will by Glock27 · · Score: 1

    Not the AC.

    "Rethugs", how clever.

    Yup, a its about as clever as calling Obama "0". Pot meet kettle.

    Not at all. The "0" moniker fits Obama perfectly. Zero good ideas, zero patriotism, zero executive experience...the list goes on and on. Republicans, on the other hand, just aren't known for "thuggish" behavior. Look at how civil the tea party demonstrations have been, for instance. (Granted, they're not all Republicans at those, but the majority probably are.)

    Your comprehension of English is abysmal. The "will of the people" is most directly what the majority of the people want. Of course, we don't live in a pure democracy, we live in a republic, but I'm sure you knew that. THAT is why our "elected representatives" have power instead of it being straight majority rule.

    This isn't actually true. There was some among the Founders who obviously thought that requiring a simple majority of citizens to pass laws and bills was a bad idea. This is why we're a representative democracy and not a straight democracy. Often times the electorate isn't informed or educated enough to make some decisions (treaties, wars, and such), and sometimes elected representatives are forced to make unpopular decisions for the common good , our system allows for this.

    Sure, when the decisions are actually good that's fine. On the other hand, when the decisions are as wrongheaded as many the current Congress and President favor, it's not so good. :-P

    To be clear, I wasn't advocating pure democracy. I was pointing out the irony and hypocrisy of the "Democrat" party in not respecting the will of the people.

    At any rate, you are dead wrong once again. Check out this Gallup poll [newsweek.com], showing only 36% approve of 0's handling of healthcare. Even the most left leaning of "news" sources can't ignore the facts. Get yours straight next time.

    I've seen several polls with widely varying numbers. I've seem single polls on the issue with wildly varing numbers depending on how the question is asked. Which poll do we go by? I know the answer, the one you like and that supports your political tilt. This is true for everyone. I haven't actually seen a well sampled bill (i.e. not on a blag, or news site) that has the opponents of the bill representing a meaningful majority over those that supported it. Generally the percentages work up around 42% in favor, and 46% against (which is about the same margin as most of our elections, incidentally). In these cases things become tricky, since can you really crap on the will of 42% of the electorate to make 46% happy? And of these, probably 90% of each camp don't care strongly, leaving 10% of the population who have very strong opinions and a deep love of waggling their tongues.

    Nice job of pulling some statistics out of your nether regions. There's not been a single major poll that shows a majority favor 0care. Gallup, by the way, is particularly respected.

    You're also off base as far as your estimate that only 10% have strong opinions. Rasmussen (who's been the most accurate on recent elections) finds that 73% of voters have strong opinions about the President for instance. 30% strongly approve, while 43% strongly disapprove.

    . I guess you forgot there was broad bipartisan support for both wars, and almost every country's intelligence agency thought Iraq had a nuclear weapons program. Apparently many have forgotten that UN inspectors actually observed both chemical and biological agents in Iraq.

    You managed to make a nice fallacy, and completely ignore the point. Just because something is bipartisan doesn't make it right. If I get some democrats, and some republicans, to agree that we should burn the Constitution does it make it more r

    --
    Galileo: "The Earth revolves around the Sun!"
    Score: -1 100% Flamebait
  120. Re:Uh, isn't that covered in the constitution alre by I_Voter · · Score: 1

    You obviously did not read what I wrote, or didn't understand what I wrote. You apparently think that an international document signed by a U.S. president becomes Constitutionally protected. It doers not. It requires ratification by 2/3 of Senate.

    You also seem to be under the impression that I sit on the U.S. Supreme Court! Send your complaints to SCOTUS not me.

    We can't argue about my opinions unless you actually read and understand what I wrote.

  121. Re:The people's will by WNight · · Score: 1

    Yes actually, I think they're directly comparable. Both think they have a right to push their choice on others, even where the rules and voters wishes may directly say otherwise.

    As for the Iraqi-9/11 link, the evidence against Saddam/Iraq was too convenient - it had been clear that Bush was trying to link them to 9/11 from the beginning. Even before the US/UK fabrications were made clear there was never any international agreement on this evidence. The rest of the world was rightfully skeptical because even if this out-of-the-blue evidence was true, and that looked really unlikely, there was still no evidence of an imminent threat and even if there was, the sanctions in place were expected to be enough.

    Nope, the only people who fell for this were those blinded by fear/rage/revenge, in other words you and some of your countrymen.

    Meanwhile, Guantanamo is still operational, the Iraq and Afghanistan wars are still raging, nobody has been punished for the wiretapping, allowing torture, etc...

    Only the very naive think Obama is one of the worst. The rest of the world can see he's business as usual. Your partisan nonsense hides this and prevents us getting something better.

  122. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    America, and most of the problems of the third world in Africa and Asia originated out of European colonialism.

  123. Re:The people's will by Alcemenes · · Score: 1

    It's not how the government is supposed to work according to the Constitution but Obama doesn't seem to care. He seems more interested in making marks in future history books than following the oath he took when he was sworn into office. I can't say his predecessor was any different. Too many politicians and not enough legislators. The sad thing is, I'm not sure we can fix it.

  124. Re:The people's will by DarkKnightRadick · · Score: 1

    Wish you hadn't posted as AC. I'd like to friend you.

    --
    "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
  125. Re:The people's will by DarkKnightRadick · · Score: 1

    I know it has nothing to do with democracy (which is rule of the masses, which is what we don't have or want).

    Also, I'd agrue that Saudi Arabia is a monarchical theocracy.

    --
    "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
  126. Re:Uh, isn't that covered in the constitution alre by khallow · · Score: 1

    They needed 60 votes not 67 votes. And that was to overturn a filibuster. For the reconciliation stuff, they only needed 51 votes.

  127. Re:Uh, isn't that covered in the constitution alre by khallow · · Score: 1

    it doesn't seem to go against Google's "future" business interests. Google wants to become everyone's gateway to the net.

    ACTA and similar law hands control over to the content holders. Google is not a content holder, but merely a gateway, which can be replaced by another gateway with better access to content, like Microsoft.

    Ultimately ACTA requires closer monitoring of people's internet usage and that is that Google is all about.

    The ISPs have better access to that data. Who will bother with Google when they can get better usage data from the ISPs? Certainly not government.

  128. Re:Uh, isn't that covered in the constitution alre by khallow · · Score: 1

    Most of the non-corporate lobbying groups have single issues and rarely get involved in matters outside of whatever they have a chip on their shoulder about. The others mostly dont have the money or resources to do anything.

    Most corporations are politically single issue too. And a lot of those non-corporate groups are pretty wealthy.

  129. Re:Uh, isn't that covered in the constitution alre by Attila+Dimedici · · Score: 1

    The Constitution does not specify what a declaration of war looks like. It merely says that Congress shall have power to declare war. What is the authorization to use force against Iraq except for a declaration of war?

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  130. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    You are not thinking about what "the mob" actually is. This is the major problem I have with apathy: It spreads. It is a common propaganda tactic to simply make the individual feel that his or her participation in society makes no difference, so they might as well take what comes and try to live through it, rather than to change it. Especially in this day and age, when people are glued to TVs and computer screens, isolated by mp3 players, cell phones, and PDAs - people become more susceptible to assuming that the artificial portrayal of public opinion is true, without much to contradict it. They asume more people are acting as sheep than are, accept it as the unchangable reality of the world, and thus don't bother to discuss these issues with others, for fear of social disapproval. The nature of the internet is that it can be a faceless institution. This can be positive, however this can also be used to generate false public opinion, because you do not know if that person who commented on a news story, for example, is working professionally for a political organization or other related entity, or if it actually is a real person expressing their opinion.

    All societies, even collectivist tyrannies, are made up of acting or non-acting individuals, but nonetheless indivuals with the capacity to act. How "the herd" is led depends on the momentum and availability of information directed at each individual, not whom is giving it. The government does not have a monopoly on this principle, they just have a louder potential voice. It is something of a lie to say that the people will naturally be drawn toward the direction of tyranny, as they can also be led toward the direction of liberty. Humans have a natural tendancy to desire what is beneficial, which is why tyranny has to be hidden in order to take hold, or sold as necessary to assure the safety of the individuals in society.

    In the past several years, I have personally seen a monumental awakening to the libertarian principles long forgotten in American culture. For the first time in ages, people from all ages and all walks of life can agree to some extent what our ills are, and show the willingness to take action in changing them. With the election of Obama, even though dishonestly won by false promises, this shows even further. Liberty is popular, tyranny is not. Luckily his cult of personality didn't last very long, and many people learned to pay closer attention to the issues at hand, rather than the rhetoric (there will always be others). This is mostly due to the work of individuals working little by little, person by person, to change the minds of the few away from collectivist tyranny, and toward individual libertarianism. In turn, those people, should they choose to act, do the same, and the momentum continues to grow and branch out until the people as "the herd", by the efforts of individuals as parts of the whole, has a louder voice than the government.

    In other words, everyone has the capacity to contribute in society, and should. Run for political office. How can one expect the government to act libertarian when there are no libertarians in it? Talk to friends and neighbors about issues that really matter, rather than video games, sports, or TV. Entertainment is fine, but what good is it if you're living in a giant penal colony? One person doing something about it can make the difference between democracy, and tyranny, as all social systems are the sum of their parts.

    If all of the good people leave the country, what will be left? Imagine that: The largest military in the world, without any libertarian leaning individuals to be seen. You wouldn't be safe anywhere my friend, as the bomber drones would be headed to a country near you, with Xe to clean out the rest.

  131. Re:The people's will by Omestes · · Score: 2, Insightful

    Sure, when the decisions are actually good that's fine. On the other hand, when the decisions are as wrongheaded as many the current Congress and President favor, it's not so good. :-P

    Define good. There are a lot of things you will probably think good, that I would think to be terrible mistakes, and, obviously, visa versa. This is well and fine, and there is room for both. When someone claims that there is only room for their version of "good" then I worry.

    Good often follows subjective political ideologies.

    You should meditate on your tagline for a while... LOL

    I have. Country doesn't mean people who subscribe to the same line as I do. Country doesn't mean only people who agree with me. Country does not mean only the rich, or only the poor. Country does not mean only bankers, or overseers of the military-industrial complex. Country does not mean tea party folk or progressives. Nor republican or democrat. It does not mean socialist or sociopathic free marketeer. Country means ALL of these, and the land, and the people, and the various cultures contained therein, and all of the resulting conflicts.

    This is as much my country, and its destiny is as much mine, as it is yours.

    Country far transcends whether or whether not you want government controlled health care.

    Anything done to restrain 0's out of control spending is "good for America". His fiscal policies are literally insane.

    And who isn't? And no, throwing the baby out with the bathwater, or biting off your nose to spite your face, is NOT good for America. The right wing of Congress sitting around with their fingers in their ears screaming "nyah nyah nyah can't hear you!" is not healthy for anything.

    Perhaps the people on the Right could promote cutting some of the biggest bloat in the budget, military spending, or subsidies for agriculture and fossil fuels. Perhaps they would find that competitive tariffs would raise money and bring jobs... Perhaps they would realize that our two wars are really nothing but big bonfires for throwing money at. The republicans could do something USEFUL. Not doing anything isn't useful.

    Oh, pork is only pork when it isn't our pork.

    Your expectations vary quite a bit from mine. ;-)

    When was the last time a president (or congress critter) didn't go back on all their promises, or generally screw the American people for a handful of rich and powerful interests? Not in the last eight years, not in the last sixteen, not in the last... oh hell, Jimmy Carter? Ineffectual but at least he was the last uncorrupted president. Before him? FDR? Maybe Eisenhower.

    Obama is a joke, but so was the contenders. Don't blame me, I voted for Kucinich (though I would have voted for Paul is I was a registered Republican, both actually believed in something).

    It's sure not. "Reasoned debate" is about identifying good or bad ideas, and then calling a spade a spade, so to speak.

    Good to whom, and bad for whom? I personally think that socialized health care would be really good for America. You don't. We could quibble all day over it, in fact, we as a people have been quibbling over it nonstop for years with no actual resolution in sight.

    I think that redirecting 50% of miliary spending to social services and education would be the one of the greatest moves made in recent history. You might absolutely hate the idea. I think that corporations should be regulated to shit to keep them from harming real people (their only roll should be the total benefit of society, not just a handful of people at the detriment of society). I think we should abandon oil and coal as quick as possible. I think... etc... You get the idea, and you probably completely disagree with me on several, if not all, of these issues.

    Who gets to say which is good or bad? These issues are not like those of math, logic, or physics where we can quickly disprove one through controlled experiment or

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  132. Re:The people's will by dryeo · · Score: 1

    Also, I'd agrue that Saudi Arabia is a monarchical theocracy.

    No arguing about that, still the United Kingdom is also a monarchical theocracy and a representative democracy whereas Saudi Arabia is an absolute monarchical theocracy.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  133. Re:The people's will by DarkKnightRadick · · Score: 1

    Agreed on both points.

    --
    "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
  134. Re:Uh, isn't that covered in the constitution alre by WNight · · Score: 1

    That's all I have to say on the topic.

    Ohhh, a last word. I see.

    You're very quick to sign me up for these things.

    No, quick to explain that if you want sanity you can't just move - not only is no government great, but the crap the USA is pushing will follow you. If you want it to end you won't get results by hiding elsewhere and hoping the treaty can't find you.

    How about you show us all how it's done?

    Well, I assume you've expressed your displeasure and not had your concerns addressed by your representatives...

    You're also presuming that pursuing this goal is most important thing for someone (in this case, me) to pursue.

    It's important enough you'd consider moving half the world away from friends and family. I guess you do this lightly?

    [...] whether or not me spending my life [...]

    You get vacations.

    [...] fighting for IP issues [...]

    Well, I'd think a government that is able to impose laws/treaties against the popular will of the people would be a problem in one more than one area...

  135. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    Your indoctrination centers aren't at third reich levels, overworked, underpaid teachers won't do a good job on anything, especially indoctrination.

  136. Of course he does... by Anonymous Coward · · Score: 0

    "Do you have any idea what exactly are required to impeach someone? "

    I'm sure he does; Clinton was impeached.

  137. Re:Uh, isn't that covered in the constitution alre by commodore64_love · · Score: 1

    You wrote that you wish Bush's signature on the Copenhagen Treaty made it automatic law, without needing approval by the People's Senate.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  138. Re:Uh, isn't that covered in the constitution alre by I_Voter · · Score: 1

    I assume this peoples Senate is some political body in the Peoples Republic of China. Had you been from the U.S. you would never have used such a term.

  139. Re:Uh, isn't that covered in the constitution alre by Vancorps · · Score: 1

    A declaration of war must specify a specific party with a specific criteria for victory. With the authorization of force specifying the parties involved in 9/11 Iraq was not contained within this declaration. So unless there was another one, all actions in Iraq were not sanctioned by congress.

  140. Re:The people's will by lsatenstein · · Score: 1

    I thought the role of a president is to insure that a majority house in both congress and senate does not do something to undermine the rights of the minority, where majority and minority are the citizens of the USA. He is a safeguard, who could defer a bill or return it for reconsideration. But then he can suggest new laws, and leave it to congress and the senate to evaluate and if warranted, introduce them. If you ask most Canadians, I believe that they would say, USA democracy is going down the tubes. It is no longer government by the people for the people, but government by big business for big business. Its time to wake up, peasants, and become proactive in the running of your lives by your "lobbyists".

    --
    Leslie Satenstein Montreal Quebec Canada
  141. Dictatorship by psyph3r · · Score: 1

    Apparently the president is dictating that America should sign a treaty that directly violates the constitution. Checks and balances would normally kick in....but no. There is something fundamentally wrong with our society(US) at the moment. I just hope we snap out of it before we go over the falls. I fear I might already feel that moment when you adjust to the sensation of gravity fading away.

  142. Re:The people's will by Glock27 · · Score: 0, Flamebait

    Sure, when the decisions are actually good that's fine. On the other hand, when the decisions are as wrongheaded as many the current Congress and President favor, it's not so good. :-P

    Define good.

    There's the rub, isn't it? For me, I strongly believe in personal freedom and limited government. Those are the things that made America what it is, and to deviate much from them is to "remake America" as a much worse place to live and excel.

    So, for me the 0 idiocracy is anathema.

    There are a lot of things you will probably think good, that I would think to be terrible mistakes, and, obviously, visa versa.

    Which doesn't recognize that the choices are not "equally good". This seems to be the concept with which you have trouble.

    This is well and fine, and there is room for both.

    Nope, this is a misconception on your part.

    Often the choices are mutually exclusive and a decision must be made.

    When someone claims that there is only room for their version of "good" then I worry.

    Like I said, a misconception. For instance, if healthcare is in fact nationalized, it will drastically reduce the quality of healthcare in America.

    You can't always have your cake and eat it too.

    Good often follows subjective political ideologies.

    No. You're forgetting that there is objective reality. For instance, millions of people starving to death or losing their homes is "bad". The opposite is "good".

    It's quite possible to identify "good" versus "bad" in virtually all cases, if you look hard enough.

    You should meditate on your tagline for a while... LOL

    I have. Country doesn't mean people who subscribe to the same line as I do. Country doesn't mean only people who agree with me. Country does not mean only the rich, or only the poor. Country does not mean only bankers, or overseers of the military-industrial complex. Country does not mean tea party folk or progressives. Nor republican or democrat. It does not mean socialist or sociopathic free marketeer. Country means ALL of these, and the land, and the people, and the various cultures contained therein, and all of the resulting conflicts.

    This is as much my country, and its destiny is as much mine, as it is yours.

    Country far transcends whether or whether not you want government controlled health care.

    Nice job missing the point. I was referring to the 'defend his country against his government' part. The (Federal) government is the issue, and the biggest danger to a sane existence.

    Anything done to restrain 0's out of control spending is "good for America". His fiscal policies are literally insane.

    And who isn't?

    Me, and lots of other folk. What 0 is doing is qualitatively different than GWB or other earler Presidents. It absolutely won't work in the long run, and even in the short run America may lose its AAA credit rating for the first time ever.

    And no, throwing the baby out with the bathwater, or biting off your nose to spite your face, is NOT good for America.

    Nice strawman.

    The right wing of Congress sitting around with their fingers in their ears screaming "nyah nyah nyah can't hear you!" is not healthy for anything.

    You should pay more attention, that's not what they're doing. It's just that 0 has given up on bipartisanship and he's getting what he deserves for doing so. Republicans had many constructive ideas for healthcare reform, such as tort reform, but the Dems would have none of it.

    You spoke of compromise, but 0 seems to not be a fan.

    Perhaps the people on the Right could promote cutting some of the biggest bloat in the budget, military spending, or subsidies for agriculture and fossil fuels. Pe

    --
    Galileo: "The Earth revolves around the Sun!"
    Score: -1 100% Flamebait
  143. Re:Uh, isn't that covered in the constitution alre by Attila+Dimedici · · Score: 1

    There was an authorization to use force against Iraq passed by Congress. http://en.wikipedia.org/wiki/Iraq_Resolution In my opinion, this resolution meets the Constitutional requirement that Congress declare war.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  144. I obviously missed something by DZComposer · · Score: 1

    US Constitution, Article 2, Section 2, paragraph 2:
    "He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur..."

    This seems pretty explicit to me. I do not understand what the administration's argument is here. And none of the critical articles I have read mention this clause. It's as if this isn't the standing issue here. Can someone explain to me how the President can legally sign a treaty without a senate vote?

  145. Re:The people's will by NeutronCowboy · · Score: 1

    DingDingDing! We have a winner. These arguments around "it's a republic", "representatives need to listen to the people" are merely bitching about a result. The only way to discuss these things is on their straight merits. Then we can talk about whether the political process that achieved the outcome was correct.

    --
    Those who can, do. Those who can't, sue.
  146. Re:The people's will by Omestes · · Score: 2, Insightful

    Which doesn't recognize that the choices are not "equally good". This seems to be the concept with which you have trouble.

    Don't have trouble with it, I just accept ambiguity and accept the fact that there is always a very strong probability that I (or any other person) might be wrong, no matter how convinced I am otherwise.

    There is a difference between the ability to assign truth value to the statements; "Obama's healthcare plan is bad" and "the moon is made of cheese". On is a subjective value judgment whose truth depends on the speaker, and the second is empirical and can be independently evaluated and proven or disproven.

    No. You're forgetting that there is objective reality. For instance, millions of people starving to death or losing their homes is "bad". The opposite is "good"

    I agree with your statement, obviously, but it isn't that simple. There is no way to objectively prove that one is bad and the other is good. We can reduce these judgement down to first principles, but all of these principles are wholly subjective, in cases of bad and good. We, and most of the western world, share a lot of principles, and thus most people we talk to would agree with us that one case (starvation of millions) is bad, while the other (nonstarvation) is good, this still does not make it an objective statement. It is nothing but a sociologically informed moral judgement.

    There have been people who have argued that mass starvation can be good, and who have managed to find millions of supporters who agree with them (Mao, Hitler, Stalin, and a whole slew of leaders from history).

    I am not arguing relativism here. Most people would agree that enforcing mass starvation is a bad thing, and the first principles derived from the formulation are much stronger than others.

    But when it comes to things like socialized health care, this gets shaky. You can cite x to the contrary, and I can point at Finland. Etc... There is no end to this debate. I can't disprove your position, nor you mine. This is where the line is, the solution is something that makes all of us slightly happy, but doesn't make a large portion of any camp unhappy. If you got your way, you would be imposing your view on a large portion of society, just like your complaining that the "other side" did to you.

    For instance, if healthcare is in fact nationalized, it will drastically reduce the quality of healthcare in America.

    But I can point to many countries where it hasn't. Actually I can point to more countries with better healthcare than us with a socialized aspect, than I can to ones with without.

    See this chart from National Geographic for example.

    Nice job missing the point. I was referring to the 'defend his country against his government' part. The (Federal) government is the issue, and the biggest danger to a sane existence.

    Yes and no. Would you rather live in a place like Somalia where there is no government or regulations? Government exist to serve the people. It can reach into excess, but it also can be a great force of good. Often it is both. The roll of the vigilant patriot is to maximize the good aspects while minimalistic the bad.

    I view state governments, and local governments as an equal threat to the federal government. The smaller the government, the more likely it is that crazed minorities will be over-represented. I don't agree with Reagan, obviously, some government is a good thing, no government is a very bad thing.

    Government should provide benefit to the governed. We disagree on the scope.

    To me the government disenfranchising the poor is as big of a plight as any other. Or letting corporation do what they want to harm others for profit. The government turning a blind eye on the suffering of its citizens is something that we should fight against.

    You should pay more attention, that's not what they're doing. It's just that 0

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  147. Re:Uh, isn't that covered in the constitution alre by Anonymous Coward · · Score: 0

    Sure...before that you need to give back personal responsibility, self respect, and "take back" the entire media first.

    Good luck. People want it this way. They are stupid and deserve to suffer. The few can always find ways around things...thats what power is.

  148. Re:It's all part of the plan by NeutronCowboy · · Score: 1

    A single informative mod is still too much.

    --
    Those who can, do. Those who can't, sue.
  149. Re:Uh, isn't that covered in the constitution alre by WNight · · Score: 1

    Really? So there are some 6+ billion people out there just waiting to help straighten out US government excess?

    Many of whom already realize that they'll have to deal with the USA one way or another.

    Yeah.. I'm sure if the GP sent out a call for help, he'd get credible responses.

    Asking for what? Someone to solve his problem, unlikely. People to participate in port blockades and such around the world timed to coincide with his actions, etc, to put more economic weight behind them, likely.

    The GP is right about being one of 300 million.

    If we're talking only those willing to be inconvenienced then it's closer to 300 of those.

    But this isn't just some local issue. The USA using treaties to force ruinous and stupid policies on the rest of the world will eventually touch everyone.

    If he whines about poor zoning rules he's likely on his own, if he asks for help in ensuring better elections or protecting threatened voters he'd get it.

    If its more important to have the US market available for your products, then perhaps your country needs to fix its domestic economy issues so as to support the political structure that suits you.

    In other words: "If you don't want to be taxed, tariffed, and blockaded, merely force everyone in your country to live by these new laws."

    Ah.. from "well sure, if I'm willing to go to jail" to "do things that will get you sent to jail."

    From? To? No, just pointing out that the same penalties exist everywhere but he's at the source - the RIAA is lobbying his government, his government is threatening mine and by extension me. If he leaves he gains no safety, or choice, but merely loses whatever power he has.

    Not only that, but massive destruction and murder are your suggestions. Brilliant!

    To get your country back they seem like a perfectly fair, and small, price. Imagine how King George would have described the war for American independence?

    Usually when politicians get hung for vote fraud it's treated as just and reasonable punishment for treason, not murder. And yes, you might find it an essential step to getting honest government, bastards rarely get voted out.

    You're killing hundreds of thousands in Iraq, destroying so much it's unbelievable, and you're whining because I point out that you'll need to fight for change... Dumping some tea(DVDs?) in the harbour? Burning an office building? These are massive destruction? Your failure of scale amuses me. That doesn't even approach what they spend lobbying in a year.