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.'"

Comments

The people's will

[Anonymous Coward]

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

Re:The people's will

[Anonymous Coward]

And here we have a typical Obamabot.

What is sad is that a large majority of Slashdotters will agree with this guy because regardless of age, they are essentially still the ignorant, mouth breathing, annoying, know it all 14 yo that lives in the basement and whacks off to the underwear advertisements in the Sunday newspaper.

And the ignorance on display here is astounding. But then again, it's the ignorance that got Obama elected. How many people are now waiting for their Free Heath Care card to arrive in the mail? Many, many more than anyone is willing to admit.

It's all part of the plan

[Porchroof]

The Kenyan's plan is to lead America into socialism and fascism and to do that he will not balk at using any means possible, legal or illegal, constitutional of unconstitutional.

Re:It's all part of the plan

[Anonymous Coward]

You took the post right out of my mouth. Kenyan wasn't the word I would've used though.
I think after this and the Clintons, No one with any brains would vote for or claim to be Democrat.
It would affect getting or keeping a job. It would affect getting respect from fellow military personnel and a "don't ask, don't tell" policy will probably be instituted. Property values in Democrat neighborhoods will plummet. They'll lynch Democrats in Mississippi and burn them out.
They won't be allowed to marry, adopt children or teach in public schools( except in New Hampshire of course). Their peace and equal rights marches and quoting Kennedy and King will go ignored. I notice even Negroes don't talk as boldly about having "one of their own" in the White House or at all , for that matter. You might as well claim to be a Nazi Lesbian Drug Dealing Pedophile as to admit you are a Democrat.
        I think this false notion of a two party system is headed off the radar screen. I doubt the Republicans will profit much from it though, as they might as well be Democrats by their actions as well.

Re:Uh, isn't that covered in the constitution alre

[Kral_Blbec]

"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?

Re:Uh, isn't that covered in the constitution alre

[WhatAmIDoingHere]

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

What else did you expect?

[fotbr]

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.

Re:I hope so.

[sonicmerlin]

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

It IS unconstitutional.

[crhylove]

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.