‘No hereditary kings’ in the US
p2pnet.net News:- “There are no hereditary kings in America and no powers not created by the Constitution.”
The words were US federal judge Anna Diggs Taylor’s who’d just ruled US president George W. Bush’s National Security Agency ‘no warrant needed’ citizen surveillance program was both illegal and unconstitutional.
The statement was aimed at, “Bush’s contention that the Constitution gives the president inherent and virtually unlimited powers as commander in chief to defend the nation against terrorist attacks,” says The Houston Chronicle, continuing:
“That contention runs counter to the Constitution’s clear statement that Congress has the power to prescribe rules for the armed forces (the NSA is an agency of the Department of Defense).”
But, “President Bush predicted Friday that an appeals court would ultimately overturn a decision this week declaring his warrantless wiretapping program illegal,” says The New York Times.
He also said, “those who herald this decision simply do not understand the nature of the world in which we live”.
Tragically, he’s probably correct.
Meanwhile, in her ruling, Taylor found the program which allows the NSA to wiretap the international communications of Americans suspected of ties to terrorism without a court warrant violated both the First and Fourth Amendments, as well as a 1978 law restricting the use of intelligence wiretaps.
“Nor did a 2001 measure in Congress authorizing the use of military force in Afghanistan give the president power to conduct wiretaps without a warrant, she ruled in ordering a stop to the program,” says the NYT, quoting Taylor as writing:
“It was never the intent of the framers to give the president such unfettered control, particularly when his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights. The three separate branches of government were developed as a check and balance for one another.”
Also See:
The Houston Chronicle – No kings, August 18, 2006
The New York Times – Bush Predicts Appeals Court Will Lift Ban on Wiretaps, August 19, 2006
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August 19th, 2006 at 3:06 pm
If the wiretap program had been running from late-2001 to last December (4 years) without anyone uncovering it, am I to take to take the Bush Administration’s word that they really have stopped? From my vantage point across the Atlantic, it looks like the checks and balances are very weak, and a position originally inteneded to be the presiding officer of the legislature is very powerful.
August 19th, 2006 at 9:14 pm
“He also said, “those who herald this decision simply do not understand the nature of the world in which we live”.
Yes, we do understand, all too well.
The nature of the world, and the ability of power to
corrupt. We understand you all too well, King George.
August 20th, 2006 at 3:26 am
All they had to do was rock up to the SECRET FISA court, say “we want to tap this guy’s phone” and bingo! Warrant granted.
The fact that they thought they could tap phones without any kind of oversight is the scary thing. No oversight = abuse and corruption.
August 20th, 2006 at 10:55 am
the ruling allowed them to continue until the appeal hearing.
August 20th, 2006 at 6:10 pm
It is my firm belief (and ardent HOPE) that this is one case George Dubya and the boyz will lose. I do not believe that a higher court will strike down Justice Taylor’s ruling. Her written decision is brilliantly coherent, admirably replete with precedence in Constitutional case law, and unassailable in its clarity – she tells it like it is in the simplest, plainest possible language, without obscuring any issue with an over-kill of legal jargon.
She cites precedents going back to times (1765!!) before we successfully shook off the tyranny of that other George Third, and she shows where partisan issues have no bearing on the issue. Democrats (FDR, Truman, Clinton, among others) and Republicans (Nixon, Regan, George III, and others) have all attempted to aggrandize the powers of the Executive branch by illegally assuming powers not granted to it by the Constitution. Justice Taylor states unequivocally that no branch of government can make or create powers not specifically created by the Constitution.
If this ruling is set aside, there can remain absolutely no doubt that the Supreme Court of the great Republic has been suborned. If it comes to that, our Constitution will not last another ten years. Between the Legislative and Judicial branches of government in these United States, that poor document has suffered so much weakening, so much emasculinization, and so much degradation that it cannot withstand another volley of assaults against its integrity.
Sacred oaths taken to preserve, protect and defend that once-noble expression of free men to rid themselves of totalitarian tyranny have become nothing more than the mindless utterances of men who no longer hold honor to be a virtue – they have forsworn those oaths which they validated with the words, “So help me God!”
Justice Taylor has suddenly become that ray of hope needed to give men the courage to stand against those who would desecrate the proud heritage of this unique democracy. Her courage, in the face of overwhelming threats of vilification because she has exercised her judicial duties as envisioned by the Founding Fathers, is a breath of fresh air.
Take the time to read her ruling (here >>)
http://www.mied.uscourts.gov/eGov/taylorpdf/06%2010204.pdf
It will ask you if you want to open it or save it. It is 43 pages long – you might prefer to save it to your hard disk then read it at your leisure –well worth it!! Almost restores my pride in being an American!
August 21st, 2006 at 2:31 am
Actually, the judge told them to stop immediately, but the DoJ said that they would get an appeal court to stay the injunction untill the case was heard.
August 21st, 2006 at 8:53 pm
The argument against this program is not about the wiretaps themselves. It’s the lack of prudent judicial oversight. They are not even required to get the warrants before a wiretap is executed. The response time argument is pure crap. Again, WHY WARRANTLESS?????