Civil Liberties at stake?

Sacrifice of a Nation

  • Yes, in the inerest of National Security

    Votes: 2 14.3%
  • No, America is a country founded on its Civil Liberties

    Votes: 10 71.4%
  • Doesn't really matter to me...my Bimmer can out run Airplanes

    Votes: 2 14.3%

  • Total voters
    14
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#21
tool fan said:
Brian330i, in response to your sig...I am definately DIVIDED.....I refuse to go quietly into the night...without a fight, like a lamb being led to the slaughter. This does not make me unpatriotic.....this makes me an AMERICAN...freedom to make up my own damn mind and form my own perceptions...as retarded as they might be.
But are you really? Depends on how you look at this. In my opinion it is more patriotic and “American” to take a stand than it is to follow and watch the basis for freedom erode. The least patriotic is to wave a flag professing your patriotism without having a clue about what is really happening to one’s own country. This is somewhat hypocritical in my opinion.

But as a leader, are you more inclined to bring together strength to meet a vast challenge or isolate those that may support you? The problem with bringing together too many strong people when you intentions are less than ideal to truly deal with an immense task, and more narrowly focused toward limited gain, is that you will never gain their support. So then you would need to divide to accomplish you narrowly-focused tasks and shovel the shit to whoever will listen and proceed with your individualistic agenda.
 

aNoodle

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#22
gizzy said:
I....But if we continue this firearms issue too much more we might need to take it outside into a different thread...http://www.fraserinstitute.ca/shared/readmore.asp?sNav=nr&id=570
Studies Done On Gun Laws Called Inconclusive 10/3/2003 ...
Agreed, maybe we should take the gun stuff elsewhere. My friend who is a cop would highly disagree, he thinks its absurd that we let convicted felons purchase guns and he lives in fear that some nut-job will get ahold of a military semi-automatic assault riffle obtained under the pretense of 'hunting.' The Fraser Institute study is highly misleading since its a study in Candana, Australia, and Great Britain which has about 1/1000th of the gun ownership as in America. The number of shooting deaths in all of GB last year you could count on your fingers and toes. That would be equivalent to just one of our large cities on a good month.


Bryan330i said:
IBut are you really? Depends on how you look at this. In my opinion it is more patriotic...
You've gone broad theme on us. What are we talking about? I thought tool fan was right on point.
 
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#23
aNoodle said:
You've gone broad theme on us. What are we talking about? I thought tool fan was right on point.

I think that we basically see things the same way. However, I am thinking in a less individualistic way and thinking more in only a group way.

I can see divide on a personal level but my point that I did not make well is more exclusively a group cost/benefit situation.

If you were to face a challenge like Bush, given that the true challenge was said to be terrorism, what path would you take? As a Republican put it, Bush has polarized the world ((*EDIT: cant find) this was on yahoo on Saturday, something like Republicans backing Kerry, I will look later and see if I can find it). But isn’t that what he should do if he wanted to accomplish a limited agenda that was not a true move towards terrorism? Of course it is.

A true move towards defeating terrorism would never divide so many, but rather, would make use of as many resources as possible and seek to unite as many as possible in this immense battle.

I removed the sig because it’s too broad and not enough room to make an effective point.


*Some Republicans Defect to Kerry's Camp
Fri Jul 30,12:26 PM ET
Reuters
By Michael Conlon

There were hundreds that were returned, this is the closest I could get.


PS-I was thinking in purely a leadership capacity, not in terms of an individual that follows blindly. I think history shows that leaders with the ability to polarize can achieve the greatest level of limited-interest gain. But if a leader unites they are bound by more views and therefore more limited in the scope of their actions.
 
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Big Daddy

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#24
I am really not sure where Bryan got his "section", but here are two links to the Patriot Act, one from the ACLU, and some of the "sections" mentioned by the "New York Times", do not even exist. Hmmm, makes one wonder! Read the Act itself.

And the codes posted by me regarding arrests are the same codes that have been governing police for at least the past fifty years in every state in the union, there are no changes here and no freebies as a result of the Act.

Patriot Act

Text of Patriot Act
 

Big Daddy

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#28
Bryan330i said:
Patriot Act 2: An Overview

“An American citizen suspected of being part of a terrorist conspiracy could be held by investigators without anyone being notified. He could simply disappear.”

New York Times Magazine
February 23, 2003


The government would no longer be required to disclose the identity of anyone, even an American citizen, detained in connection with a terror investigation – until criminal charges are filed, no matter how long that takes (sec 201).

Not true, The act specifically refers to "aliens".

Current court limits on local police spying on religious and political activity would be repealed (sec. 312).

Wrong, the current proposal does not mention religiious and political activities, it relates to agreements entered into during the 70's and 80's, wherein agencies entered into consent decrees voluntarily.

The government would be allowed to obtain credit records and library records without a warrant (secs. 126, 128, 129).

This provision would enable the government to obtain credit reports on virtually the same terms that private entities may

Wiretaps without any court order for up to 15 days after terror attack would be permissible. (sec. 103).

This provision would expand FISA's wartime exception by allowing the wartime exception to be invoked after Congress authorizes the use of military force, or after the United States has suffered an attack creating an national emergency, instead of only when congress has declared war.

Release of information about health/safety hazards posed by chemical and other plants would be restricted (sec. 202).

You need to read this section yourself. This is to keep that information on "worst case Scenarios" out of the hands of terrorists. I cannot believe someone would object to this!

The reach of an already overbroad definition of terrorism would be expanded – individuals engaged in civil disobedience could risk losing their citizenship (sec. 501); their organization could be subject to wiretapping (secs. 120, 121) and asset seizure (secs. 428, 428).

The current expatriation statute does not, however, provide for the relinquishing of citizenship in cases where an American serves in a hostile foreign terrorist organization..Does not mention "civil" disobedience.

Americans could be extradited, searched and wiretapped at the behest of foreign nations, whether or not treaties allow it (sec. 321, 322).

This provision would amend current extradition law to: (1) authorize the U.S. to extradite offenders to treaty partners for modern crimes that may not be included in our older list treaties with those countries; and (2) provide for on a case-by-case basis and with the approval of the Attorney General and the Secretary of State extradition from the United States for serious crimes even in the absence of an extradition treaty.

Lawful immigrants would be stripped of the right to a fair deportation hearing and federal courts would not be allowed to review immigration rulings (secs. 503, 504).
This section deals with Inadmissibility and Removability of National Security Aliens or Criminally Charged Aliens and Expedited Removal of Criminal Aliens. Therefore how can they be "lawful" immigrants? I guess I would only suggest that you read the act yourselves and realize that all this stuff already exists, but in a form that mainly allows it in time of "declared war", not terrorists acts, which for the most part are new to us. Read the act, it is not as terrible as the ACLU or the Washington Post makes it out. The Government cannot work with 1970's laws as they relate to 2000 year terrorist acts, things change.
 

aNoodle

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#30
With all due respect Big D, who could possibly fully understand the Patriot Act from a layman's plain reading of it in isolation to existing code, case law, constitutional law, administrative law and its legislative history and notes and whatnot?

I offered the ACLU link not as fact or even my opinion. It was introduced as a watch dog's view on the matter for someone who might be interested in the criticisms of the bill, and I guess the proposed bill II. Conservatives love to deride the ACLU, unless of course they are protecting conservatives (which they do all the time!).

As far as the patriot act goes, I say we listen to a few conservatives on the matter:

Harry Schneider, Legislative Chairman, Pennsylvania Sportsman's Association. ("Administration policies prompt some gun owners to recoil," Associated Press, 4/14/04)
"Most gun owners are not very enthusiastic and they’re very apprehensive about aspects of the Patriot Act, specifically about search-and-seizure rules. They’re just not going to dig into their wallets or devote their time to help Bush."

Kevin Starrett, Executive Director, Oregon Firearms Federation ("Gun Groups May Not Be Bush Campaign Weapon," Los Angeles Times, 4/13/04)
"Had the Clinton administration proposed the Patriot Act, which is a real scary thing for gun owners, the Republican-controlled Congress would have been apoplectic."

Bob Barr, former Republican member of Congress (“Patriot Act divides Bush loyalists,” Washington Times, 4/5/2005)
“The Fourth Amendment is a nuisance to the administration, but the amendment protects citizens and legal immigrants from the government's monitoring them whenever it wants, without good cause -- and if that happens, it’s the end of personal liberty.”

“I don’t care if there were no examples so far. We can’t say we'll let government have these unconstitutional powers in the Patriot Act because they will never use them. Besides, who knows how many times the government has used them? They’re secret searches.”

Rep. Chris Chocola (R-IN-2) (“Bush gets ‘high marks’,” South Bend Tribune, 1/21/2004)
[Chocola held back an immediate endorsement of the president's call for renewal of the Patriot Act when it expires next year]

“That's a debate we’ve got to have.”

Rep. James Sensenbrenner (R-WI), Chair of the House Judiciary Committee (“Inside Politics,” Washington Times, 1/23/2004)
Mr. Sensenbrenner, a member of the House Homeland Security Committee, said “over my dead body” will the act be reauthorized without undergoing thorough re-examination in hearings held by the House.

Newt Gingrich, the former speaker of the House ("The Policies of War: Refocus the mission," San Francisco Chronicle, 11/11/03)
"We must ensure that the legal tools provided are not abused, and indeed, that they do not undermine the very foundation our country was built upon."

"I strongly believe the Patriot Act was not created to be used in crimes unrelated to terrorism."

"Recent reports, including one from the General Accounting Office, however indicate that the Patriot Act has been employed in investigations unconnected to terrorism or national security.

In our battle against those that detest our free and prosperous society, we cannot sacrifice any of the pillars our nation stands upon, namely respect for the Constitution and the rule of law. Our enemies in the war against terrorism abuse the Islamic law known as the Sharia that they claim to value. It is perversely used as justification for their horrific and wanton acts of violence.

We must demonstrate to the world that America is the best example of what a solid Constitution with properly enforced laws can bring to those who desire freedom and safety. If we become hypocrites about our own legal system, how can we sell it abroad or question legal systems different than our own?

I strongly believe Congress must act now to rein in the Patriot Act, limit its use to national security concerns and prevent it from developing "mission creep" into areas outside of national security.

This war against terrorism requires Americans and American institutions to have the "courage to be safe," this courage must include keeping to the American principles that have made this country great for more than 200 years."

Rep. C.L. "Butch" Otter (R-ID) ("Otter to speak on Patriot Act dissent," Idaho State Journal, 11/9/2003)
"You cannot give up freedom, you cannot give up liberty, and be safe. When your freedom is lost, it makes no difference who took it away from you. (The terrorists) have won. What did they want to do? Take away our freedom. They've won in some cases."

Senator Larry Craig (R-ID), member of the Senate Judiciary Committee (“Senators join forces to roll back parts of Patriot Act,” Washington Times, 10/16/03)
[On the introduction of the Security and Freedom Ensured (SAFE) Act]

“This has nothing to do with the current administration; it's about putting into effect the right law.”

“It's time we adjusted this law to assure civil liberties are not being trampled.”

David Keene, Chairman of the American Conservative Union (“Civil liberties advocates laud Sununu for stand on Patriot Act reform,” Manchester Union Leader, 10/16/2003)
“These are people who are now taking a look at it and saying much of this is a good law, but let’s make sure we didn’t go too far. While the government should have all the power it needs to protect us, it shouldn’t have all the power it’d like to have.”​

There are more at http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12632&c=206
 
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#31
"Beware the leader who bangs the drums of war in order to whip the citizenry into a patriotic fervor, for patriotism is indeed a double edged sword. It both emboldens the blood and narrows the mind. And when the drums of war have reached a fever pitch and the blood boils with hate and the mind is closed, the leader will have need in seizing the rights of citizenry. Rather, the citizenry, infused with fear and blinded by patriotism, will offer up all of their rights unto the leader and gladly so. How do I know this? Because I have done this, and I am Caesar."
 
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#32
I just needed to say that when I posted this poll, I had really no intent on it becoming a debate like this. I do really respect EVERYONES views and opinions, and I have learned a tremendous amount about our Constitution, The Brady Bill, The Homeland Security Act, and the Patriot Act in the last couple of days. I have also learned a tremendous amount about the participants in this tread and it further emphisizes why I spend my time on THIS forum. It is awsome when we can have a "heated" debate on these types of issues without people getting personal. Thank ALL of you. Sorry about the CHEEZY sentiment, I am over it now. Now where were we?
 

Big Daddy

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#33
What makes you think I am a "layman"? Why can't a person read it and see for themselves. I am capable of reading and applying what I have read I do not need others to think for me. No offense guys but freedom is not free.
 
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#34
Big Daddy said:
No offense guys but freedom is not free.
Amen, I spent the better part of 11 years, helping provide that freedom that some take so lightly. It is the sacrifice of a few that provide freedom for the masses. Just ask the families of these soldiers http://icasualties.org/oif/, trying to give a fledgling country its freedoms.[cheers] Cheers my brothers and sisters.
 

aNoodle

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#35
Big Daddy said:
What makes you think I am a "layman"? Why can't a person read it and see for themselves. I am capable of reading and applying what I have read I do not need others to think for me. No offense guys but freedom is not free.
Right on. I don't. You suggested as a lawyer for law enforcement that a plain reading of the act would abate everybody's concerns. (Not as bad as the critics make it out to be if one just reads it, you thought.....you then took it upon yourself to analyze specific provisions to allay people's fears.) But a critical read of what even repulican conservatives are saying supports some concern. Clearly there is more to it than simply "same codes that have been governing police for at least the past fifty years in every state in the union, there are no changes here and no freebies as a result of the Act."

I suppose Congress will be having hearings next year or so, and better minds than mine will be entertaining these complicated issues. I'm sure if the Democrats and Repulicans would work together for a change, they'll come up with something sensible.
 
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#36
Well said Big Daddy....

In addition, who really gives a crap about this stuff? Are you guys worried the feds are going to bust in your door and kidnap you for years w/o telling your family or anyone else? Puh-leeze. They need these wacky laws & acts to CYA. The friggen' liberal civil-rights hippies would 'rush to the aid' of some terrorist scum who was searched & taken into custody w/o 'probable cause'. Yes, this could/would happen. Thus, they put laws in the books that allows them to do this to keep the arrest 'legit'. Its a double-edge sword.
 
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#37
Big Daddy said:
What makes you think I am a "layman"? Why can't a person read it and see for themselves. I am capable of reading and applying what I have read I do not need others to think for me. No offense guys but freedom is not free.
Agreed!

If we didn't have the ability of reading and applying what we have read then we would not be free. It's the difference in opinion of what we read which causes debate and further learning which makes us great.
 
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#38
I tend to agree with Big Daddy on Patriot “1” and I don’t find it particularly threatening, per se, looking only at the wording. However, I question if it will lead to more significant plans, and apparently it already has. I also question how it is being used. It looks to me like it is being used more frequently for a purpose not disclosed as the rationale behind its introduction.

I think we should all think hard about Patriot “II.” The positive is that it appears to not have the support, Democrat or Republican, to succeed. However, fear is a powerful tool and in the blinding light of patriotism it is difficult to assess what will actually happen.
 
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#39
tool fan said:
I just needed to say that when I posted this poll, I had really no intent on it becoming a debate like this. I do really respect EVERYONES views and opinions, and I have learned a tremendous amount about our Constitution, The Brady Bill, The Homeland Security Act, and the Patriot Act in the last couple of days. I have also learned a tremendous amount about the participants in this tread and it further emphisizes why I spend my time on THIS forum. It is awsome when we can have a "heated" debate on these types of issues without people getting personal. Thank ALL of you. Sorry about the CHEEZY sentiment, I am over it now. Now where were we?

[thumb]

It is good to look hard at the issues. And I’m sorry but I need to say this and it applies to all parties and is not directed at any one single group. I think it is great that everone does not follow like mindless sheep in a way that groups would like us to follow and refer only to broad and blanket statements that have little truth, no real application in debate, and serve no real constructive purpose.
 
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#40
Hate to bring this thread back to life...but RUMOR has it that if more people don't start enlisting into the ARMY (not Marines, air force or Navy) that the U.S. government is going to impose a draft...now...is this a violation of what we consider "Civil Liberties?"
 


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