Bush Would Need To Find A Good Liberal Judge To Back Up What He’s Doing

For all of you who would blindly support President Bush regardless of what secret order he signs to take away the civil liberties of the American people, I suggest you read this article from Bob Barr this morning.

In essence, he says that the powers that Bush is claiming he has to secretly wiretap the international phone calls and emails of American citizens is found nowhere in the Constitution or in statutory law.

Barr says that in order to read the Constitution to allow for what he is doing you would have to amend it to read the following: “The President shall be commander in chief of the Army and Navy of the United States and when carrying out duties in such capacity shall not be subject to the laws of these United States or of this Constitution.” (amendment in italics).

Otherwise, Bush would need a good, liberal judge to read into the Constitution and statutory law to legally justify his wiretapping program.


  1. buzzbrockway says:

    I don’t think it’s as cut a dry as Barr seems to think. There are plenty of legal experts taking a different view and it appears Clinton authorized similiar activities. That’s not a justification, but the idea put forward by some that we’ve never seen such an egregious power grab is just plain false.

  2. Bill Simon says:

    You know what they say about “legal experts,” right? What would shoving a few thousand legal experts into a big pool of quicksand be? A damn good start.

  3. Chris says:

    I suspect what is going on here is deeper than the media is making it out to be. Why did Sen. Rockefeller say “I’m not a lawyer or technologist” in his handwritten letter to the VP? Gen Hayden and others have indicated that requesting FISA changes from Congress would jeapordize “the program”.

    We have known for years about the NSA Echelon program and how it intercepts singals overseas. There has bound to have been cases where a US endpoint has dialed a foreign endpoint and been monitored.

    Why was the story released on the same day as the Iraqi elections? If the NY Times sat on it for a year, why not release it on a more slow news day?

  4. Harry says:

    Democrats who are concerned about loss of civil liberties should be helping to support legislation to restrict Kelo.

  5. rickday says:

    Harry spun:

    “Democrats who are concerned about loss of civil liberties should be helping to support legislation to restrict Kelo.”

    Huh? Property ownership is a civil right? a civil right is defined as:

    n : right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equality.

    As you know the 13th dealt with slavery and the 14th extened the Bill of Rights to the states.

    I fail to see where property ownership is a ‘civil right’. I can see it is a fundamental freedom and privilege, however. More learned constitutionalists can point out where the ‘right of property ownership’ exists in the Constitution.

    So lets DO be concerned, Demo and Repub alike about the “loss of civil liberties”, as you so lamely tried to spin, with legal terms moot to the paradigm. Kelo is the least of our problems.

    I swear to your God, If Bush shot Laura, I’d swear you guys would try and justify it by comparing Bill and Hill! Give it up! The freedoms of country, MY country is at stake here, people! QUIT PLAYING SHILL WORD GAMES. He broke his oath to God and Country. I can not – WILL not support a man with no honor.

  6. Decaturguy says:

    What are you talking about rickday? There is no right to private property in the Constitution? What does the Fifth Amendment say?

    “No person shall . . . be deprived of life, liberty, or property,
    without due process of law; nor shall private property be taken for public use, without just compensation.”

    And Harry, I’m all for legislation curtailing the Kelo decision. I thought it was horrible.

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