View Single Post
Mulhollanddose Mulhollanddose is offline
Banned
 
Mulhollanddose's Avatar
 
Join Date: Aug 2005
Location: On a boat in the Great NW
Posts: 6,145
Quote:
Originally posted by fastpat
As Rodeo states, you're stating that the powers that appear to be granted in the above law, and I'm assuming that you are quoting and not posting an interpretation so common with propagandists, are constitutional and can be extended and removed by congress.

Congress cannot legitimately pass an unConstitutional law, if they do it carries no force of law. Yes, they do it all the time, and presidents act on them, but they're not legitimate law. If a power isn't listed in the Constitution, then neither congress nor the president is authorized to wield the power, period. Yes, that's an absolute. The Constitution created the federal government, the federal cannot act outside the Constitution without violating it.
I am still waiting for the law Bush broke. What Constitutional mandate was violated?...Your argument is evidently not only with Bush's Executive branch, but with the Judiciary and Legislative alike. They all agree that during wartime the Executive Branch is granted extraordinary powers.

FISA: TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1802
§ 1802. Electronic surveillance authorization without court order; certification by Attorney General;...

(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that— (A) the electronic surveillance is solely directed at— (i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801 (a)(1), (2), or (3) of this title; or (ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title; (B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and (C) ....

As used in this subchapter: (a) “Foreign power” means— ....(Which includes an)

“Agent of a foreign power”— (which means)...

(2) any person (note:this "any person" does not exclude U.S. Persons) who— (A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States; ....

(C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power; .....

(e) “Foreign intelligence information” means— (1) information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against— (A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or (C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or .....




Warfare and times have changed, FastPat...That you cannot deny. You are aiding and abeting the enemy, the enemy within (Democrats) and without.
Old 12-28-2005, 04:28 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #211 (permalink)