The Constitutinality of the patriot act

Discussion in 'Politics' started by ihopehefails, Jan 10, 2010.

  1. ihopehefails
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    ihopehefails BANNED

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    I don't know what parts of the patriot act the left is up in arms about since all they do is scream patriot act violates the constitution but I've read the 5h amendment and it gives an exception to due process of law.

    It says here that there are exceptions to the rule that I believe many anti-patriot act people believe invalidates it but under these circumstances, and I believe that a foreign organization has declared war on the US, it is exceptable.

    Discuss...
     
  2. kyzr
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    kyzr Gold Member

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    Who gives a fig what the left whines about?
    The problem is that Napolitano just doesn't get The Patriot Act, yet she's in-charge of your families' security.
    If you want to hit a hot button or two talk about FISA and how the left doesn't want guys like the FT Hood shooter caught before he kills after talking to his radical overseas emam.
    Any other whiny Patriot Act issues?
     
  3. Kevin_Kennedy
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    Kevin_Kennedy Defend Liberty

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  4. kyzr
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    kyzr Gold Member

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    Look at it this way. The left has an unstoppable majority in both houses, so if there were any provisions of the Patriot Act that were bad, they could fix them. Apparently, the dems/left like the Patriot Act just the way it is, or they wouldn't be worried about C+T, and UHC, and some of the other bullshit priorities they are working on.
    They had their shot at governing, and they failed. Next....
     
  5. Toome
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    Toome Active Member

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    There are a lot of misconceptions about the PATRIOT Act. The majority of it is a pretty dull procedural outline of how the various law enforcement and intelligence agencies plan to exchange information. While it changed certain policies, such as expanding the definition of terrorism and updating electronic surveillance to apply to modern conveniences such as wireless telephones, it stays within constitutional boundaries. Even so, it is not immune to revision by Congress nor is it exempt from legal challenges that may eventually make its way to the Supreme Court. The PATRIOT Act does not overturn any provision of the Constitution.

    Is the PATRIOT Act perfect? Hell, no. Should some of it be changed? Probably. And that's what the legal process allows. Whenever a case arises with a legal controversy connected directly to the words in the PATRIOT Act, magistrates can certainly allow a legal challenge of that law. That's how the system works.

    A lot of this is just partisan emotionalism from both sides.
     
  6. roho331
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    roho331 Rookie

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    I personally, do not want my rights suspended because someone believes there is a public danger, unless there is good reason to believe that I AM THAT PUBLIC DANGER. That being said, I still would like the opportunity to prove that my government is wrong about me.

    Those who defend The Patriot Act by stating simply that "oh well I have nothing to hide ... so, no problem" probably THINK SIMPLY as well. Those of us with a more common first and last name ought to be more concerned with mistaken identity and envision how their life would be if the mistake happened to them.

    As a case in point, there are many people -- solid citizens, who have been denied the ability to fly because they have the first and last name as someone who legitimately should be on the "no fly list". Unbelievably this all-important list exists, but WITHOUT ACCOMPANYING PICTURES! The government is sorely lacking yet, has no plans to correct this glaring oversight.

    In times when Public Danger seems both immanent and wide spread, people panic, and may mistakenly report anyone to the government. I think the key is for me to assume that some grave identity mistake (one not even connected to "identity theft") could happen to me, or one of my friends.

    So let's have this incompetent government put the grab on me, suspend my due process, and spirit me away to prison in an "unknown country" for interrogation. No, not this American citizen; for I believe in the Second Amendment (another argument ... later)
     
  7. Kevin_Kennedy
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    Kevin_Kennedy Defend Liberty

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    I agree. My guess is most Democrats, at least those Democrats who are politicians, were only worried about the Patriot Act under the Republicans.
     
  8. ihopehefails
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    ihopehefails BANNED

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    You might be correct but is it unconstitutional?

    Also, a court could decide that such and such was not taken away for constitutional reasons and order the government to put that person back. The court never lost any power over that in anything the Bush administration did. It did not find a sufficient reason to strike anything down.
     
  9. ihopehefails
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    ihopehefails BANNED

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    I don't agree with The Judge (as I call him) on this. I think the writers of the constitution were wise enough to know that there will be situations where public safety takes precedence over due process such as witnessing a crime in progress or an invading soldier needs to be held.
     
  10. kyzr
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    kyzr Gold Member

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    One of my favorite quotes to those overly concerned with mis-interpreting the Constitution is that "the Constitution is not a suicide pact". Those giving enemy combatants citizenship rights are mis-guided to say the least.
     

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