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Re: Patriot Act Renewal rejected by the Senate [message #182943 is a reply to message #182538]

Tue, 20 December 2005 21:05

Nodbugger
Messages: 976
Registered: February 2003

Karma:

Colonel

SuperFlyingEngi wrote on Sat, 17 December 2005 23:01

Don't worry, President Bush is illegally authorizing spying anyways.

http://www.dailykos.com/storyonly/2005/12/17/113212/10

EDIT: Oh, and gbull, why'd you say no if you're in support of the War in Iraq? (You still are, right?)

You need to learn what the president can and can't do first.

The ability of the 1978 FISC act to limit the ability of the executive branch depends on how the 1972 United States v. United States District Court for the Eastern District of Michigan et al, (407 U.S. 297) is interperted by the courts. The court stated
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&am p;vol=407&invol=297

Quote:

We begin the inquiry by noting that the President of the United States has the fundamental duty, under Art. II, 1, of the Constitution, to "preserve, protect and defend the Constitution of the United States." Implicit in that duty is the power to protect our Government against those who would subvert or overthrow it by unlawful means. In the discharge of this duty, the President - through the Attorney General - may find it necessary to employ electronic surveillance to obtain intelligence information on the plans of those who plot unlawful acts against the Government.

Quote:

Further, the instant case requires no judgment on the scope of the President's surveillance power with respect to the activities of foreign powers, within or without this country.

Based on this ruling, the President may have the authority to use warentless wiretaps on Foreign National even if it involves US citizens, regardless of the FISC act. Additionally the FISC may be unconstitutional, because it may be a attempt by congress to impose restrictions on the executive Branch of the governement outside of the constitutional admendment process.

http://www.n00bstories.com/image.fetch.php?id=1129285834

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[Message index]

		Patriot Act Renewal rejected by the Senate By: Cybie1111 on Fri, 16 December 2005 17:56
		Re: Patriot Act Renewal rejected by the Senate By: Ryan3k on Fri, 16 December 2005 18:26
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Fri, 16 December 2005 18:39
		Re: Patriot Act Renewal rejected by the Senate By: YSLMuffins on Fri, 16 December 2005 19:07
		Re: Patriot Act Renewal rejected by the Senate By: bandie63 on Fri, 16 December 2005 20:06
		Re: Patriot Act Renewal rejected by the Senate By: Cybie1111 on Fri, 16 December 2005 21:05
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Fri, 16 December 2005 22:55
		Re: Patriot Act Renewal rejected by the Senate By: Ryan3k on Sat, 17 December 2005 04:25
		Re: Patriot Act Renewal rejected by the Senate By: Javaxcx on Sat, 17 December 2005 06:56
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Sat, 17 December 2005 09:21
		Re: Patriot Act Renewal rejected by the Senate By: cheesesoda on Sat, 17 December 2005 13:11
		Re: Patriot Act Renewal rejected by the Senate By: warranto on Sat, 17 December 2005 14:33
		Re: Patriot Act Renewal rejected by the Senate By: Jecht on Sat, 17 December 2005 19:42
		Re: Patriot Act Renewal rejected by the Senate By: warranto on Sat, 17 December 2005 20:45
		Re: Patriot Act Renewal rejected by the Senate By: SuperFlyingEngi on Sat, 17 December 2005 21:01
		Re: Patriot Act Renewal rejected by the Senate By: Nodbugger on Tue, 20 December 2005 21:05
		Re: Patriot Act Renewal rejected by the Senate By: Jecht on Sat, 17 December 2005 21:09
		Re: Patriot Act Renewal rejected by the Senate By: SuperFlyingEngi on Sat, 17 December 2005 21:38
		Re: Patriot Act Renewal rejected by the Senate By: Hydra on Sat, 17 December 2005 23:08
		Re: Patriot Act Renewal rejected by the Senate By: Kamuix on Sat, 17 December 2005 23:26
		Re: Patriot Act Renewal rejected by the Senate By: YSLMuffins on Sat, 17 December 2005 23:32
		Re: Patriot Act Renewal rejected by the Senate By: Hydra on Sun, 18 December 2005 00:23
		Re: Patriot Act Renewal rejected by the Senate By: YSLMuffins on Mon, 19 December 2005 16:58
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Mon, 19 December 2005 17:41
		Re: Patriot Act Renewal rejected by the Senate By: Jecht on Sun, 18 December 2005 07:00
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Sun, 18 December 2005 07:49
		Re: Patriot Act Renewal rejected by the Senate By: NukeIt15 on Mon, 19 December 2005 15:53
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Mon, 19 December 2005 16:47
		Re: Patriot Act Renewal rejected by the Senate By: NukeIt15 on Tue, 20 December 2005 14:58
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Tue, 20 December 2005 16:30
		Re: Patriot Act Renewal rejected by the Senate By: NukeIt15 on Tue, 20 December 2005 20:19
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Thu, 22 December 2005 21:19
		Re: Patriot Act Renewal rejected by the Senate By: DreamWraith on Fri, 23 December 2005 04:10
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Fri, 23 December 2005 09:51
		Re: Patriot Act Renewal rejected by the Senate By: DreamWraith on Fri, 23 December 2005 15:57
		Re: Patriot Act Renewal rejected by the Senate By: Doitle on Tue, 20 December 2005 20:48
		Re: Patriot Act Renewal rejected by the Senate By: Cybie1111 on Wed, 21 December 2005 20:59
		Re: Patriot Act Renewal rejected by the Senate By: SuperFlyingEngi on Fri, 23 December 2005 10:09
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Fri, 23 December 2005 12:03
		Re: Patriot Act Renewal rejected by the Senate By: Crimson on Fri, 23 December 2005 17:54
		Re: Patriot Act Renewal rejected by the Senate By: DreamWraith on Fri, 23 December 2005 20:46
		Re: Patriot Act Renewal rejected by the Senate By: YSLMuffins on Fri, 23 December 2005 18:31
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Fri, 23 December 2005 19:28
		Re: Patriot Act Renewal rejected by the Senate By: Chronojam on Sat, 24 December 2005 01:23
		Re: Patriot Act Renewal rejected by the Senate By: DreamWraith on Sat, 24 December 2005 01:28
		Re: Patriot Act Renewal rejected by the Senate By: Scythar on Sat, 24 December 2005 02:33
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Sat, 24 December 2005 16:05
		Re: Patriot Act Renewal rejected by the Senate By: Javaxcx on Sat, 31 December 2005 10:41
		Re: Patriot Act Renewal rejected by the Senate By: NukeIt15 on Sat, 24 December 2005 18:55
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Sun, 25 December 2005 20:25
		Re: Patriot Act Renewal rejected by the Senate By: glyde51 on Tue, 27 December 2005 23:00
		Re: Patriot Act Renewal rejected by the Senate By: cheesesoda on Wed, 28 December 2005 17:11
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Wed, 28 December 2005 20:22
		Re: Patriot Act Renewal rejected by the Senate By: glyde51 on Thu, 29 December 2005 10:57
		Re: Patriot Act Renewal rejected by the Senate By: DreamWraith on Wed, 28 December 2005 16:08
		Re: Patriot Act Renewal rejected by the Senate By: SuperFlyingEngi on Thu, 29 December 2005 11:03
		Re: Patriot Act Renewal rejected by the Senate By: Nodbugger on Thu, 29 December 2005 11:43
		Re: Patriot Act Renewal rejected by the Senate By: Jecht on Thu, 29 December 2005 22:19
		Re: Patriot Act Renewal rejected by the Senate By: SuperFlyingEngi on Sat, 31 December 2005 09:14
		Re: Patriot Act Renewal rejected by the Senate By: cheesesoda on Sat, 31 December 2005 09:20
		Re: Patriot Act Renewal rejected by the Senate By: SuperFlyingEngi on Sat, 31 December 2005 15:59
		Re: Patriot Act Renewal rejected by the Senate By: Nodbugger on Sat, 31 December 2005 17:09
		Re: Patriot Act Renewal rejected by the Senate By: SuperFlyingEngi on Sun, 01 January 2006 10:06
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Sun, 01 January 2006 13:45
		Re: Patriot Act Renewal rejected by the Senate By: DreamWraith on Sun, 01 January 2006 14:19
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Sun, 01 January 2006 21:45
		Re: Patriot Act Renewal rejected by the Senate By: SuperFlyingEngi on Mon, 02 January 2006 09:35
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Mon, 02 January 2006 10:20
		Re: Patriot Act Renewal rejected by the Senate By: DreamWraith on Mon, 02 January 2006 15:52
		Re: Patriot Act Renewal rejected by the Senate By: cheesesoda on Sat, 31 December 2005 17:23
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Sat, 31 December 2005 17:45
		Re: Patriot Act Renewal rejected by the Senate By: Nodbugger on Sat, 31 December 2005 12:51
		Re: Patriot Act Renewal rejected by the Senate By: Nodbugger on Sat, 31 December 2005 12:54
		Re: Patriot Act Renewal rejected by the Senate By: Nodbugger on Sun, 01 January 2006 11:53
		Re: Patriot Act Renewal rejected by the Senate By: DreamWraith on Mon, 02 January 2006 04:01
		Re: Patriot Act Renewal rejected by the Senate By: Javaxcx on Mon, 02 January 2006 10:24
		Re: Patriot Act Renewal rejected by the Senate By: runewood on Mon, 02 January 2006 15:08
		Re: Patriot Act Renewal rejected by the Senate By: PointlessAmbler on Tue, 07 February 2006 21:42
		Re: Patriot Act Renewal rejected by the Senate By: Nodbugger on Mon, 02 January 2006 12:58
		Re: Patriot Act Renewal rejected by the Senate By: NukeIt15 on Mon, 02 January 2006 14:07

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