Thursday, October 25, 2007

It's Not That Difficult to Understand

Just a note to Kevin Drum.

The fight over the FISA bill, and telecom immunity is quite simple.

Do you stand for the Constitution of the United States, or do you stand against it.

There should be no further debate about Democratic candidates in "reddish" states or districts. This is solely about whether or not George W. Bush should have the right to spy on American's without a warrant (telco immunity notwithstanding).

Any true American would say "hell no, this plan violates the 4th Amendment of the Constitution".

To wit:

Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

and the sixth amendment:
Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Granted the current FISA law challenges some of that, but those challenges have been deemed reasonable, in that there is a warrant issued within 72 hours. However, the proposed changes makes it easier for the Justice Department to waive the warrant requirement far too easily.

This is not about fighting terrorists. This is about giving an already Authoritarian President more power.

So, I challenge anyone who thinks that this new FISA bill needs to be passed to answer, not Kevin's questions, but the far simpler, and far more important question:

Do we stand with the Constitution or against it?




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