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US House Rejects Telecom Amnesty 614

The US House has just approved a new bill that rejects the retroactive immunity to telecommunication businesses and denies most of the new powers for the US President to spy on citizens without a warrant. "As impressive as the House vote itself was, more impressive still was the floor debate which preceded it. I can't recall ever watching a debate on the floor of either House of Congress that I found even remotely impressive -- until today. One Democrat after the next -- of all stripes -- delivered impassioned, defiant speeches in defense of the rule of law, oversight on presidential eavesdropping, and safeguards on government spying. They swatted away the GOP's fear-mongering claims with the dismissive contempt such tactics deserve, rejecting the principle that has predominated political debate in this country since 9/11: that the threat of the Terrorists means we must live under the rule of an omnipotent President and a dismantled constitutional framework."
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US House Rejects Telecom Amnesty

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  • by damn_registrars ( 1103043 ) <damn.registrars@gmail.com> on Friday March 14, 2008 @06:32PM (#22755508) Homepage Journal
    That someone with a D after their name grows a package and stands up for something. If only it had happened several years prior as well...
  • OT (Score:2, Insightful)

    by ArcherB ( 796902 ) * on Friday March 14, 2008 @06:33PM (#22755518) Journal

    One Democrat after the next -- of all stripes -- delivered impassioned, defiant speeches in defense of the rule of law, oversight on presidential eavesdropping, and safeguards on government spying.
    All that's well and good, but what does it have to do with telecom immunity? I'm not defending it either way, but when you are debating to decide whether or not to give immunity to telecoms, why bring up congressional oversite of the President? Shouldn't they be debating "oversite of the telecomes"? If your problem is with the Prez, wait until you are debating a bill that limits immunity of the President, not the telecoms. Sorry, but bringing your desire to reign in the Prez during a telecoms debate is just as bad as the GOP bringing up national security during a debate on ethanol. It's a weak link.
  • by Sorthum ( 123064 ) on Friday March 14, 2008 @06:35PM (#22755536) Homepage
    Forget the Democratic slur-- it's about time ANYBODY in Washington stood up for something that doesn't involve systematically stripping our rights from us. Well played, House.
  • by FromTheAir ( 938543 ) on Friday March 14, 2008 @06:36PM (#22755544) Homepage
    Maybe their is hope that we the people can defeat the few that benefit to the detriment of the many.

    It is all about awareness and unity.

    Spying and secracy does not really protect National Security.

    The actuality is this spying capability is a threat to national security in that it allows a few people in control to shut down any political opposition.

  • by ArcherB ( 796902 ) * on Friday March 14, 2008 @06:37PM (#22755558) Journal

    That someone with a D after their name grows a package and stands up for something. If only it had happened several years prior as well...
    Sounds to me like they just gave a bunch of pretty speeches.

    I haven't read the bill that was passed, but it seems like it's a bunch of the same, minus the telecom immunity. Maybe I'm reading this wrong.. well, take a look. From HERE [myway.com]

    The surveillance law is intended to help the government pursue suspected terrorists by making it easier to eavesdrop on international phone calls and e-mails between foreigners abroad and Americans in the U.S, and remove barriers to collecting purely foreign communications that pass through the United States- for instance, foreign e-mails stored on a server.
  • by Original Replica ( 908688 ) on Friday March 14, 2008 @06:38PM (#22755560) Journal
    That's great news, but it is somewhat diminished by the Democrats waiting two years to start to do what they where elected for in 2006. I'm glad that "but but the TERRORISTS!" doesn't have so much sway any more.
  • by ArcherB ( 796902 ) * on Friday March 14, 2008 @06:43PM (#22755576) Journal

    Being in the miority during those years might ahve ahd something to do with it, as well as trusting what our intelligence community had said about WMDs.

    At that time, it wasn't unreasonable to believe our intelligence data. Of course, now that we know they were wrong, they should given the resources to do a better job next time, preferably a better budget more power to operate without the ACLU breathing down their necks demanding to know every single operation that is ongoing.
    There, made it true for ya and removed the political rhetoric.
  • Re:OT (Score:5, Insightful)

    by timeOday ( 582209 ) on Friday March 14, 2008 @06:44PM (#22755582)
    I disagree. The telecoms' defense amounts to "the president made me do it." If that's a valid defense, then essentially there is no rule of law, just the whim of the king. So which is higher, the president or the law? That's the real question at issue here.
  • by StefanJ ( 88986 ) on Friday March 14, 2008 @06:46PM (#22755598) Homepage Journal
    They congresspeople who put this bill together stood up to the Bush administration's paranoid, fear-mongering bullshit. Their actions mean that they've gone on record stating that telecomm immunity has nothing to with national security.

    It's precedent. It's courage.

    Would you have preferred they do nothing? Stood around and bitched about The Man?
  • Re:OT (Score:3, Insightful)

    by ArcherB ( 796902 ) * on Friday March 14, 2008 @06:52PM (#22755626) Journal

    Becasue the telcom immunity would have protected the office of then president as well.
    How is that?

    Plus, it's politics.
    DING DING DING... we have a winner!

    It is very clear that todays republican party is about being in control of your life.
    I disagree. It seems to me that the Republicans want to know what you doing. The Democrats want to tell you what to do. It's not Republicans telling what kind of car I should drive, what kind of food I can eat and if, when, and where I want to have a cigarette. It's not Republicans telling me what kind of health care I should have and it's not Republicans trying to take away my money to give it to someone else. It's not Republicans who are trying to use taxes to affect my behavior (carbon and gas taxes) and it's not Republicans who want to put a remote control on my thermostat so they can turn my AC down if THEY think I'm using too much electricity.

  • by Scrameustache ( 459504 ) on Friday March 14, 2008 @06:54PM (#22755650) Homepage Journal

    Forget the Democratic slur
    The slur is on the R, we don't expect THEM to value freedom, but the Ds are supposed to human.
    They've been do-nothings lately though, so everyone sucks.
  • Re:This sucks. (Score:5, Insightful)

    by Bovius ( 1243040 ) on Friday March 14, 2008 @06:54PM (#22755654)
    I disagree. Passing a good bill that is doomed to failure is better than passing a bad bill to maintain the appearance of "getting things done."
  • Re:OT (Score:5, Insightful)

    by whoever57 ( 658626 ) on Friday March 14, 2008 @06:58PM (#22755700) Journal

    The telecoms' defense amounts to "the president made me do it."
    Then go after the president.
    At the risk of invoking Godwin, didn't the Nuremburg trials show once and for all that "I was ordered to do it" is not a valid defense?
  • by Cassius Corodes ( 1084513 ) on Friday March 14, 2008 @06:58PM (#22755704)
    What is the problem that some Americans have with the ACLU? Its an organization dedicated to protecting the constitution... to me it would seem like hating it makes about as much sense as hating kittens.
  • by pitchpipe ( 708843 ) on Friday March 14, 2008 @07:01PM (#22755738)
    How is this informative. If you don't like or disagree with what the person said, respond to their argument. Changing what they said and then saying made it true for ya seems rather childish. If you don't believe the president distorted the evidence provided by the intelligence community, let us know what makes you believe that.
  • by Scrameustache ( 459504 ) on Friday March 14, 2008 @07:01PM (#22755740) Homepage Journal

    At that time, it wasn't unreasonable to believe the president.
    I'm sorry, but it was unreasonable.

    It wasn't trust based on rational thought, it was based on emotion. Fear, anger, panic.

    I didn't trust him then anymore than I do now, because I do not base the trustworthiness on a person on their position of authority nor their space-time proximity to an awe-inspiring event.
  • by twoallbeefpatties ( 615632 ) on Friday March 14, 2008 @07:02PM (#22755752)

    Bush's reply has been something along the lines of, "There are men and women out there dying in Iraq. We need this bill to pass so that we can go back to making the world safe for our soldiers and our families. So please hurry up and make telephone companies immune from prosecution."

    The major disconnect here has been that Bush has had plenty of opportunity to just sign the bill and go back to listening in on phone conversations. The fact that he has hung the entire bill on the passage of retroactive immunity has made it clear that he's either just fucking around and seriously doesn't care about what the military agenda is, or he's clearly got something to hide involving those phone companies. Either way, I'ma go make a bag of popcorn and wait to see what happens next.

  • Re:OT (Score:3, Insightful)

    by NeutronCowboy ( 896098 ) on Friday March 14, 2008 @07:06PM (#22755782)
    If someone is suing the shit out of the telecoms, and the telecoms lose, doesn't that mean that the telecoms shouldn't have done what they did?

    Rule of law ALWAYS applies to everyone. People need to learn that even the president cannot make them perform illegal acts.
  • Re:OT (Score:5, Insightful)

    by DragonWriter ( 970822 ) on Friday March 14, 2008 @07:07PM (#22755792)

    I'm not defending it either way, but when you are debating to decide whether or not to give immunity to telecoms, why bring up congressional oversite of the President?


    The kind of immunity for the telecoms sought by the Administration would have presented lawsuits against them which, because of governmental immunities, standing issues, and other problems, are pretty the most probable way, if not the only way, that any of the facts necessary to hold the executive accountable are likely to come out in practice.

    It also would encourage large companies to violate the law at the behest of the executive in future cases (and not only in this particular area), by setting the example that such violations would be the subject of retroactive immunity. By encouraging lawbreaking at the behest of the President, it would, therefore, have reduced the degree to which the law served as a practical constraint on executive action.

    So this law, that superficially concerning immunity for telecoms, had a serious impact on the practical accountability of the President to the law, something which Members of Congress unsurprisingly did not miss, and perhaps more surprisingly actually pointed out and acted upon.

  • by MightyMartian ( 840721 ) on Friday March 14, 2008 @07:11PM (#22755834) Journal
    It's about goddamned time that Congress started doing it's job. It's supposed to be a balance to the powers of the Executive, it's supposed to be an independent *legislative* branch of government, but for the last seven years have simply let the Executive do whatever it wanted, and acted as a rubber stamp to what amounted to a series of Presidential decrees.

    Of course, the sad part is that come November, there will probably be a Democrat president and a Democrat-dominated Congress, and we'll see the same partisan lineups which means the next President gets to rule by decree.

    Washington was right. Parties are bad things.
  • Re:OT (Score:5, Insightful)

    by DragonWriter ( 970822 ) on Friday March 14, 2008 @07:21PM (#22755918)

    At the risk of invoking Godwin, didn't the Nuremburg trials show once and for all that "I was ordered to do it" is not a valid defense?


    They certainly showed that it wasn't when the orders came from the leadership on the losing side of a war, and the winning side is making the judgements.

  • Re:Yay (Score:3, Insightful)

    by iknownuttin ( 1099999 ) on Friday March 14, 2008 @07:25PM (#22755948)
    ...the more conflict between the White House and Capitol Hill,...

    Yes!!

    I was talking to someone the other day about the coming elections and I just said that I vote third party but I really want a Republican in the Whitehouse as long as we have a Democrat controlled Congress. Because whenever one party controls the Executive and the Legislative branches of Government, regardless of which party, we get out of control spending, Civil Liberties are trumped upon, ... just horrible Government.

    This person said, "So, you want them arguing all the time.

    I said, "Yes. That's only way to get decent Government."

  • by TubeSteak ( 669689 ) on Friday March 14, 2008 @07:28PM (#22755976) Journal

    This is separation of powers at work, just like the founding fathers intended.
    Except the powers so far seem to be Democrat versus Republican, a duopoly which the founding fathers warned of and did not want.
  • by ArcherB ( 796902 ) * on Friday March 14, 2008 @07:33PM (#22755998) Journal

    Except the Bush Administration lied 935 times to the People of the USA and got us to support a war on false pretenses? Lying is not an impeachable offense now? Ha! Tell that to the Republican Congress that impeached Bill Clinton.
    Lying under oath, which is what Clinton did, is 100% impeachable. Lying in general, not so much. Otherwise Clinton could have easily been impeached for his "I did not have sexual relations..." speech. Back to the current admin, I don't buy that any lying took place at all. Overestimation of our intelligence ability maybe, probably some cherry picking and exaggeration, but not lying. If they were truly lying, then they would have simply planted a bunch (more... some were actually found) of WMD's and said, "look what we just found". That didn't happen.

    So if what you (and you link) are saying were correct, then WMD's would have been found all over Iraq, with "Made in USA" scratched out and "Made in France" penciled in.

    Also, I'm curious. Do you really not care about all the mass graves and rape rooms found all over Iraq? Why does a true tyrant who really did fill mass graves and gas women and children not bother nearly half as much you as much as Bush?

    Forgive the OT, but I am responding to a post...

  • Re:OT (Score:4, Insightful)

    by Wonko the Sane ( 25252 ) * on Friday March 14, 2008 @07:33PM (#22756004) Journal

    it's not Republicans trying to take away my money to give it to someone else
    That was true at one time. But this current president has expanded entitlements to more people than any other period in history. They just call it by different words. "Tax cut" sounds a lot better to conservatives than "welfare check".

    The "Earned Income Credit" allows for tax refunds in excess of the amount paid in taxes. Call it what you will, but I call a refund amount of >100% welfare.

    If the republicans wanted to run on a platform of "we're going to give cash handouts to millions of people and pay for it by borrowing from the future", then they should have just come out and said that.
  • by Anonymous Coward on Friday March 14, 2008 @07:37PM (#22756036)
    "Now, it's an organization dedicated to defending those parts of the Constitution it approves of and those interpretations that match its agenda."

    Sort of like the NRA? The second amendment already has plenty of people defending it, and these people have far more power and influence with the President and Congress than the ACLU could ever dream about.
  • by Jah-Wren Ryel ( 80510 ) on Friday March 14, 2008 @07:38PM (#22756054)

    Also, I'm curious. Do you really not care about all the mass graves and rape rooms found all over Iraq? Why does a true tyrant who really did fill mass graves and gas women and children not bother nearly half as much you as much as Bush?
    Also, I'm curious. When did you stop beating your wife?

    Forgive the OT, but I am responding to a post...
  • by MightyMartian ( 840721 ) on Friday March 14, 2008 @07:41PM (#22756072) Journal

    While obviously telecoms KNEW better, its hard to say 'no' to your nation's president


    And that suggests that biggest problem with how the Presidency has evolved. The Presidency was not supposed to be some sort of regal position, save in the ceremonial respect (where the President is the equivalent of a king or emperor). If the President of the United States asks you to do something illegal, it is, under the law, no different than any other citizen of the United States asking you to do something illegal. You say no, because you're opening yourself up to possible prosecution or civil reparations.
  • Re:OT (Score:4, Insightful)

    by SEAL ( 88488 ) on Friday March 14, 2008 @07:41PM (#22756086)

    It's not Republicans telling what kind of car I should drive, what kind of food I can eat and if, when, and where I want to have a cigarette. It's not Republicans telling me what kind of health care I should have and it's not Republicans trying to take away my money to give it to someone else. It's not Republicans who are trying to use taxes to affect my behavior (carbon and gas taxes) and it's not Republicans who want to put a remote control on my thermostat so they can turn my AC down if THEY think I'm using too much electricity.
    No, they just want to tell you that you can't have an abortion, tell you that you can't be taught the theory of evolution, tell you that you need a national ID card, tell you that your kids and their kids may be in Iraq well into the distant future, and tell you that Uncle Sam can be trusted to monitor your every move.

    You sound much more Libertarian than Republican. The Republican Party in its current format has strayed far, far away from the old model of states' rights and limited government.
  • ACLU is biased? (Score:5, Insightful)

    by GeekZilla ( 398185 ) on Friday March 14, 2008 @07:44PM (#22756110)

    I am not sure how you can claim being neutral on the Second Amendment constitutes the ACLU as being an "organization dedicated to defending those parts of the Constitution it approves of and those interpretations that match its agenda." They clearly state their position here (http://www.aclu.org/police/gen/14523res20020304.html). Their position statement follows:

    ACLU POLICY

    "The ACLU agrees with the Supreme Court's long-standing interpretation of the Second Amendment [as set forth in the 1939 case, U.S. v. Miller] that the individual's right to bear arms applies only to the preservation or efficiency of a well-regulated militia. Except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected. Therefore, there is no constitutional impediment to the regulation of firearms." -- Policy #47

    Now, not being an expert on Supreme Court rulings, I wonder if there are later cases where the opinion of the court was different. The case the ACLU references is from 1939.

    I have heard arguments that feel the definition of a "militia" is not specifically spelled out in the 2nd Amendment and is open to interpretation and that therefore what the founding fathers meant when writing about a "well regulated militia" might mean something more/different than what the ACLU interprets it to mean.

    "A well regulated militia, being necessary to the security of a free State, ..."

    "Keep and bear arms"-If they did mean specifically "citizens" or "individuals" do you think the founding fathers meant ALL types of arms? It was pretty limited back then...cannons, pistols, rifles, swords, so maybe at that time they did. If they meant all types of arms then, do you think that would be appropriate now? There are quite a few people I can think of that don't really need to be carrying around grenades or rockets. :) My ex-wife is one example.

    If they did mean individuals and arms in general and not specifically "small arms" and non-automatic weapons, then there is a constitutional right for individuals to actually own those types of weapons and where can I get mine?

    It all comes down to trying to figure out what people 225+ years ago meant when they said "militia" and "arms". I guess that's why they made the Supreme Court.

    Oops! Sorry. I included two different topics. I went from "The ACLU is not choosing to only promote it's own agenda" to a discussion on what the founding fathers meant by "militia" and "arms". My mind tends to wander as the caffeine wears off in the evening.

  • by Ardeaem ( 625311 ) on Friday March 14, 2008 @07:47PM (#22756136)

    That's what it started out as. Now, it's an organization dedicated to defending those parts of the Constitution it approves of and those interpretations that match its agenda. The ACLU has made it quite plain a number of times that it will not, under any circumstances defend the Second Amendment. As long as that's its position, I, among many others, want nothing to do with it.
    I love how everytime someone wants to disagree with a point of view, their opponent has an "agenda," while the people they agree with have "values." Feel free to disagree with the ACLU about the second amendment, but if you read the text of the Constitution, you understand that the second amendment is difficult to interpret. The courts in the US very rarely side with people who hold to the most pro-gun positions anyway; the ACLU is not the only one who does not interpret the second amendment in the same way that the NRA does.

    The ACLU does tons of good work with free speech, freedom of religion, freedom of the press, Fourth amendment issues, etc, etc, etc. You want nothing to do with the ACLU because of its position on ONE confusingly-worded amendment? That seems extremely shortsighted to me. Strip away your free speech rights, and advocating second amendment rights becomes terrorism. Let's make sure we keep our free speech rights so we can be free to continue to debate what our second amendment rights should be. Support the ACLU, and that will remain possible.
  • Re:OT (Score:4, Insightful)

    by lenski ( 96498 ) on Friday March 14, 2008 @07:48PM (#22756152)

    Becasue the telecom immunity would have protected the office of then president as well.
    How is that?

    The telecoms need only to provide documents showing legal justification for their actions, and they're basically off the hook.

    Guess who doesn't want any investigation of said legal justification?

    take away my money to give it to someone else
    Go live in your libertarian utopia and take your attitude with you. I suggest though that you work out a lot first, as the first person stronger than you will have plenty of fun with you. You will find that everyone eventually meets someone stronger or faster, and without the protection of civilized society, things get seriously uneven seriously quickly. The purpose of taxes and the occasional leg up for people down on their luck is an efficient way to restore their productivity, so they can make net contributions to the society.

    The point of helping people out is to get them productive: it's an investment, not a giveaway. There are times when the investment doesn't work out but by and large, people tend to want to produce.

  • by MightyMartian ( 840721 ) on Friday March 14, 2008 @08:05PM (#22756256) Journal
    Lots of regimes have mass graves, torture rooms and every affront to civilization one can imagine. The United States has not historically leaped to the defense of the citizens of such nations before, and has, in fact, in some cases, actively supported governments that committed such atrocities (Chile comes to mind). Where was the United States when hundreds of thousands (including women and children) were being cut down in Rwanda? Where is the United States with the atrocities in Darfur?

    No, it simply will not do to try to excuse the illegal invasion of Iraq as some sort of humanitarian action. The precise reasons for it are vague to me, although it's pretty damned clear that there was some part family pride (the son finishing what many thought the father ought to have), access to a major source of oil (a classic war for resources) and maybe even a genuine lack of understanding that the Baathists, as vile a bunch as you can imagine, were not Islamists, and in fact, maintained power in part by harassing and murdering the types of religious fanatics who are likely to join Al Qaeda. I can well imagine from a man like George W. Bush an incredibly ignorant and one-dimensional understanding of the region.

  • by Jah-Wren Ryel ( 80510 ) on Friday March 14, 2008 @08:05PM (#22756258)

    I've never beaten my wife. Now, answer my questions.
    You answered it yourself.

    You asked a loaded question, I asked a loaded question.
    You answered with the same response your loaded question deserves.
  • by n8_f ( 85799 ) on Friday March 14, 2008 @08:11PM (#22756310) Homepage
    Lying under oath, which is what Clinton did, is 100% impeachable. Lying in general, not so much.

    You do not understand what impeachment is.
    U.S. Consitution, Article II, Section 4:

    Section 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
    Or, as Gerald Ford put it [wikipedia.org], "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history."
  • by geekoid ( 135745 ) <dadinportland&yahoo,com> on Friday March 14, 2008 @08:18PM (#22756362) Homepage Journal
    Those days are long gone.

    Too many people vote republican thinking it's the same thing it was before Reagan.
  • by blueg3 ( 192743 ) on Friday March 14, 2008 @08:20PM (#22756376)
    Indeed. A lot of people didn't trust him at the time, and a lot of people disagreed with going to war before we even did so. Now, when politicians start up with "if we knew then what we know now..." business, I can't help but think that apparently a lot of people are more well-informed than they.
  • Fearmongering (Score:2, Insightful)

    by Katan ( 104699 ) <katan.katan@com> on Friday March 14, 2008 @08:26PM (#22756410) Homepage
    I'm sorry, but the only fearmongering I see here is that the left throws out ambiguous statements about how their civil liberties have been violated. Never has anyone substantiated that with any facts. The fact is that the government has done a good job of preventing terrorism over the last 6+ years. Whether this is by luck or by a concerted effort, history will tell. But, I wait for facts rather than innuendo.

  • by atripp ( 104393 ) on Friday March 14, 2008 @08:42PM (#22756510)
    You've just taken what may be the most contorted, ambiguous, controversial half-sentence in the Bill or Rights, chopped off the weird part, and called the sentence simple.
  • by Wavicle ( 181176 ) on Friday March 14, 2008 @08:46PM (#22756532)
    I do, however, hold the various state ACLUs to a higher standard because they claim to be interested in all civil rights.

    Civil liberties. There's a difference.
  • by ppanon ( 16583 ) on Friday March 14, 2008 @08:51PM (#22756548) Homepage Journal
    The Bush administration controls the Justice Department and they are blocking prosecution to protect their cronies in the CIA, NSA, and FBI who broke the law. The Democrats are trying to keep the Bush administration from completely shutting the door on prosecutions if the Republicans lose power in 2009. If an honest Justice Department can prosecute the Telcos in 2009, then they can use plea bargains to obtain evidence for prosecutions against the government-employed instigators of the crimes. If not, all the evidence can disappear, like so many White House e-mails at the end of December 2008.

    Otherwise, if they want to make sure a lot of heads don't roll, Bush is going to break his wrist signing all the pre-emptive pardons that will be necessary at the end of this year.
  • Re:ACLU is biased? (Score:3, Insightful)

    by The Analog Kid ( 565327 ) on Friday March 14, 2008 @08:57PM (#22756586)

    Agreeing with the Supreme Court makes you... wait for it... Conservative.


    Conservatives would argue the Supreme Court is far too liberal.
  • Re:ACLU is biased? (Score:5, Insightful)

    by AJWM ( 19027 ) on Friday March 14, 2008 @09:05PM (#22756628) Homepage
    US vs Miller was about the defendant having a sawed-off shotgun (on which the appropriate firearms tax had not been paid). The Supreme Court agreed with the US attorney (the defendants were not present or represented at the Supreme Court hearing) that a sawed-off shotgun is not a military weapon (they were wrong, but evidence to the contrary was not presented at trial or appeal), and so not covered by the 2nd Amendment.

    By this logic, bans or restrictions on assault rifles and machine guns clearly do violate the 2nd Amendment, as they are clearly intended for military (and hence militia) use. (The court agreed with the general definition of "militia" as "all able-bodied males", not members of regular forces.)

    US vs Miller is one of those bad decisions in which both sides can find something to back up their claims. The ACLU claiming that it settles the point is complete cop-out.

  • by Anonymous Coward on Friday March 14, 2008 @09:24PM (#22756740)
    Richard Milhous Nixon.
  • Telecom immunity (Score:2, Insightful)

    by wfstanle ( 1188751 ) on Friday March 14, 2008 @10:07PM (#22757002)
    Bush really doesn't care if the telecom companies get sued or not. What this is really all about is not having a court decision that strikes down the presidents spying program. The court proceedings might be secret but if a decision unfavorable to the spying program is the result then the fun would begin.
  • Re:ACLU is biased? (Score:4, Insightful)

    by HappyEngineer ( 888000 ) on Friday March 14, 2008 @10:19PM (#22757070) Homepage
    I broadly agree with what you're saying, but the following isn't right:

    If they meant all types of arms then, do you think that would be appropriate now?

    We shouldn't modify the meaning of the constitution based on what we think the founders would likely say about conditions today. If they meant all weapons then all weapons should be legal. If you don't want people carrying nukes around then the constitution should be modified to explicitly make exceptions for weapons that have extreme destructive power. I don't want individuals to have legal access to nukes, but we really should make an amendment to assert that desire.

    Surely it would not be hard to pass an anti-personal-nuke amendment. If the supreme court didn't go around making reasonable assumptions about what the founders would have wanted then the constitution would end up reflecting what the law actually is and we wouldn't have to pick presidents based on whether they'll pick supreme court justices that we agree with.

    Of course, we'd still have to pick presidents who would pick justices who treated the law with respect (which certainly hasn't happened during the last two presidential elections, so perhaps that's a pipe dream).
  • by KevinIsOwn ( 618900 ) <herrkevin@@@gmail...com> on Friday March 14, 2008 @10:35PM (#22757146) Homepage
    As long as there is judicial oversight, making it easier to eavesdrop isn't necessarily bad. Remember that it's good to do new things to combat terrorism if they are within the scope of the constitution. I have not had a chance to see the exact changes that this bill proposes, so I will not give my judgment (I know, this is /. so I really should be yelling and screaming).
  • by ppanon ( 16583 ) on Friday March 14, 2008 @10:40PM (#22757164) Homepage Journal

    What's to stop Bush from issuing a blanket pardon after the elections just before leaving office, hmmm?

      Wikipedia says:
    "The Justice Department recommends anyone requesting a pardon must wait five years after conviction or release prior to receiving a pardon. A presidential pardon may be granted at any time, however, and as when Ford pardoned Nixon, the pardoned person need not yet have been convicted or even formally charged with a crime. Clemency may also be granted without the filing of a formal request and even if the intended recipient has no desire to be pardoned."

    Now, apart for Scooter Libby, nobody in the administration has actually been indicted, let alone convicted, of a crime for warantless wiretapping, torture, etc. Presidential Pardons shouldn't apply to the sitting President himself, so a Bush pre-emptive blanket pardon for all crimes involving FISA violations or torture (for example) would probably be invalid if Bush would be a beneficiary of that pardon. That might get appealed to the Supreme Court and who knows how they would vote now, but a good prosecutor might have enough motivation for pursuing it that far. More specific individual pardons would effectively identify who was guilty and what they were guilty of. Some may prefer to take their chances that they won't be found out than be outed by a pardon since it could destroy their career if they're a non-appointed government employee.

    We're talking potentially hundreds of people here, so such an egregious abuse of the Presidential Pardon could even fuel the drive for a constitutional amendment to remove the power, although I doubt the Dems would be willing to give it up. You never know though: while there's obviously Clinton's infamous 140 last minute pardons, Republican politicians and their flunkies have generally been the bigger beneficiaries from Presidential Pardons in the last 40 years.
  • by PONA-Boy ( 159659 ) on Friday March 14, 2008 @11:12PM (#22757314)

    It's amazing what a little fear of losing their cushy job can make a recalcitrant politician do.
    There was _some_ point in our past where "Democrat" and "Republican" actually meant something. In today's American political scene, I would offer my personal analysis: The terms "Democrat" and "Republican" may be used interchangeably as both are champions of change and responsibility when they are a) in ascendancy and/or b) the underdog.

    This whole Democrat == BIG government and Republican == SMALL government is so much hogswallop. The only place where there is an actual honest foundational difference in political party is in its constituents (that's you and me, folks). The "distinguished fellows" up on the Hill are just using those banners and slogans for personal gain in power/position. It is so much spin and feel-good nonsense doled out in carefully measured portions for the average person to _feel_ something.

    Add to this mishmash of incredulity the personal observations I've seen of Republicans saying very "Democrat" things and vice versa. It is a mindgame being played on us.

    I am a registered Republican...I have some idealized notions of government which put me in that political party. I've seen and heard nothing lately that impresses upon me that my chosen political party is _doing_ anything very "Republican" lately. I'll tell you, Bush has completely fucked ANY Republican candidate hoping to run for the office of President...good luck Senator McCain, you have a steep road to climb. How even more fucked up is it that the Democratic candidates are bitchslapping one another right now, making what should be a total cakewalk into the White House an entirely questionable affair?

    OK, my diatribe about politics is over. Hooray for the House, Democratic or Republican, for crafting a bill and passing it that actually has the average American citizen's best interests in mind. Who'd've thunk it? I seethe that I voted for that sonuvabitch who thinks he can bully through such an obvious attempt to CYA for what will surely eventually be revealed as gross misappropriations of our privacy and civil liberties at the hands of the Telco's on behalf of "protecting America". I call bullshit!!

  • Re:OT (Score:3, Insightful)

    by rhakka ( 224319 ) on Friday March 14, 2008 @11:23PM (#22757390)
    so companies that violate the consitution in collusion with an administration already proven, shall we say, less than concerned with due process goes out of business.

    Yes, I'm sure no one will ever work a phone again. no doubt.

    There are companies that did not comply, first of all. Secondly, sending a very, very clear message that the correct answer to a government request for private information on your customers is "Where is your warrant?", not "What data format would you like?", is worth nearly any price.

    Then companies who don't have to pay those massive settlements can prosper and the ones who do can struggle and/or fail. That sounds a whole lot like win-win to me.
  • by lazy_nihilist ( 1220868 ) on Saturday March 15, 2008 @01:04AM (#22757750)
    What is with the US obsession with "founding fathers"?
    I agree that they were bright thinkers of their time, but surely they can't have got EVERYTHING right. For starters, they didn't even let women and black people vote.
    So instead of saying founding father this and founding father that, why not think for yourselves what is right for THIS age and time.
  • by Moridineas ( 213502 ) on Saturday March 15, 2008 @02:08AM (#22757966) Journal

    So instead of saying founding father this and founding father that, why not think for yourselves what is right for THIS age and time.
    To think that Americans do otherwise is sheer ignorance. The founding fathers are remembered because they got so much right--they designed a system that has survived 200+ years with very few changes. Nobody--originalists included--act or think the way you seem to think they do. While designing the first modern political system from the ground up, the founders and great thinkers of the period had many debates, wrote much, spoke much, and thought much. It would be foolish in the extreme to toss away an ENTIRE body of knowledge and thinking because it does not fit the intellectual trends of a moment (nihilist eh? ;-) In a situation like this, the previous poster is pointing out a perfect example of a problem that Washington warned of. Nobody is suggesting that we should keep a static society from the late 18th century, rather we should remember the ideals upon which the entire American society was founded, and be mindful of the past.

    You know the old statement--those who forget history are doomed to repeat it?
  • Re:Fearmongering (Score:3, Insightful)

    by Legion303 ( 97901 ) on Saturday March 15, 2008 @03:17AM (#22758112) Homepage
    In other good news, the administration's actions over the last 6.5 years have also kept "deaths by wooly mammoth" at zero (as measured by the yardstick of "number of deaths by wooly mammoth"). I think that's something we can all get behind.
  • OMG (Score:5, Insightful)

    by DarkProphet ( 114727 ) <`moc.liamtoh' `ta' `xfon_kciwdahc'> on Saturday March 15, 2008 @05:03AM (#22758456)
    Too little, too late. Seven years ago would have been an opportune time to put the administration in its place. We've already allowed them to alienate our inalienable rights, and we've paid them nearly a half a trillion dollars for the privilege. I'm sorry, but 2 blown up buildings, three lost airliners, and ~4000 dead civilians aren't worth the price of my essential liberty or yours. If our loss was tenfold it still would not and could not justify disregard for our civil liberties. And that is to say nothing about the skyrocketing oil prices and the fact that nearly the whole rest of the world hates us. For what? Safety? Security? Its an illusion, and always has been. Remember that, the next time they make you take off your shoes at the airport. Its nothing cabin door locks and a few air marshalls couldn't fix. There is no safety guarantee in life. We all run the risk of something bad happening to us every time we leave our homes for the day. Any day could be the day you don't come home. More Americans die every year of self-induced injuries (alcohol abuse, drug use, smoking, and obesity to name a few), but I don't see a half a trillion dollar initiative to solve THOSE problems. Its a sorry state of affairs when the land of the free is fleeced due to a glorified snipe hunt, and sorrier yet that the whole scheme has been perpetrated by those sworn to faithfully uphold the ideals and best interests of the American people. And sorriest of all is that you and I have done it to ourselves by allowing these criminals to frighten us and rob is of our rights, dignity, and tax dollars in the name of protection against a bogeyman that simply doesn't exist. I am certain that our founding fathers would have some stern worlds on the subject -- oh, well they did, its called the Constitution, but fuck it, we threw that out the window seven years ago. We will get exactly what we deserve. But hey, as long as we have Blu-Ray, American Idol, and Ipods, its all good right?

    In the timeless words of Charlie Brown: Good grief!
  • by Evil Kerek ( 1196573 ) on Saturday March 15, 2008 @07:53AM (#22758810)
    Because it long ago threw out common sense or fair play when it comes to deciding who or what to defend. It's pretty much a liberal enforcement machine now and has long since lost track of what it was originally created for.

    For instance, they are quick to come to muslim's defense for any perceived slight, but should a christian suffer the same thing (which happens a lot more often) they are silent.

    That's simply a liberal agenda at work. They are no longer a civil rights protector - they haven't been in a long time.

    EK
  • by Anonymous Coward on Saturday March 15, 2008 @08:01AM (#22758834)

    Not as clear cut as you might imagine. "The People" is a phrase commonly used to refer to the collective will of the community. For an example, see most court cases prosecuted by the state, where the plaintiff is always "The People".

    It's quite possible that it was the intent of the founding fathers to place gun ownership in the hands of state governments.

"No matter where you go, there you are..." -- Buckaroo Banzai

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