Author Topic: The Nation Has Entered a Post-Constitutional Era  (Read 1992 times)

roo_ster

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The Nation Has Entered a Post-Constitutional Era
« on: May 06, 2014, 12:53:05 PM »
Been in this era for a while, but some events punctuate the fact.

http://www.zerohedge.com/contributed/2014-05-05/%E2%80%9C-us-supreme-court-decision-%E2%80%A6-means-nation-has-entered-post-constitutional-er

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Pulitzer prize winning reporter Chris Hedges – along with journalist Naomi Wolf, Pentagon Papers whistleblower Daniel Ellsberg, activist Tangerine Bolen and others – sued the government to join the NDAA’s allowance of the indefinite detention of Americans.

The trial judge in the case asked the government attorneys 5 times whether journalists like Hedges could be indefinitely detained simply for interviewing and then writing about bad guys.

The government refused to promise that journalists like Hedges won’t be thrown in a dungeon for the rest of their lives without any right to talk to a judge.

The trial judge ruled that the indefinite detention bill was unconstitutional, holding:

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    This Court rejects the government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.

Yay!  A win for the good guys who think indefinite incarceration of citizens is unconstitutional.

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But the court of appeal overturned that decision, based upon the assumption that limited the NDAA to non-U.S. citizens:

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    We thus conclude, consistent with the text and buttressed in part by the legislative history, that Section 1021 [of the 2012 NDAA] means this: With respect to individuals who are not citizens, are not lawful resident aliens, and are not captured or arrested within the United States, the President’s [Authorization for Use of Military Force] authority includes the authority to detain those responsible for 9/11 as well as those who were a part of, or substantially supported, al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners—a detention authority that Section 1021 concludes was granted by the original AUMF. But with respect to citizens, lawful resident aliens, or individuals captured or arrested in the United States, Section 1021 simply says nothing at all.

The court of appeal ignored the fact that the co-sponsors of the indefinite detention law said it does apply to American citizens, and that top legal scholars agree.

Last week, the U.S. Supreme Court declined to hear an appeal of the case, thus blessing and letting stand the indefinite detention law stand unchanged.

Put away the champagne.

At least with fiber optic technology, we can pipe in sunlight when you or I are indefinitely detained.

Regards,

roo_ster

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brimic

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #1 on: May 06, 2014, 01:05:13 PM »
"now you see that evil will always triumph, because good is dumb" -Dark Helmet

"AK47's belong in the hands of soldiers mexican drug cartels"-
Barack Obama

RevDisk

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #2 on: May 06, 2014, 01:30:41 PM »

While it's nice that they go to great lengths to ensure a totalitarian state will be legal, perhaps they should take a moment to ponder if such a decision will be wise. Choose where you live very carefully. That will matter more than laws soon enough.

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zahc

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #3 on: May 06, 2014, 07:19:15 PM »
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The court of appeal ignored the fact that the co-sponsors of the indefinite detention law said it does apply to American citizens, and that top legal scholars agree.

Since when did anything outside their court-bubble make any difference? E.g

Obama regime: It's not a tax! It's forcing you to buy something; that's totally different.
Courts: forcing you to buy something would be illegal, but we find this is a tax, and therefore legal.
Maybe a rare occurence, but then you only have to get murdered once to ruin your whole day.
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Jocassee

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #4 on: May 06, 2014, 07:25:32 PM »
I'lll just leave this here:  http://www.starvingthemonkeys.com/articles/BlackHat.html



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Monkeyleg

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #5 on: May 06, 2014, 08:42:45 PM »
Remember all this when it's us putting them in prisons.

T.O.M.

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #6 on: May 06, 2014, 09:32:01 PM »
Can I get my official APS member badge soon?  Kind of worried that when you all come for the lawyers/judges, I might get mistaken for a bad guy...
No, I'm not mtnbkr.  ;)

a.k.a. "our resident Legal Smeagol."...thanks BryanP
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cordex

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #7 on: May 06, 2014, 09:46:44 PM »
Can I get my official APS member badge soon?  Kind of worried that when you all come for the lawyers/judges, I might get mistaken for a bad guy...
If there were such a thing as official APS badges, half the board would hate everything about themselves and CSD would defend them to the death.

Strings

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #8 on: May 06, 2014, 09:59:35 PM »
Don't worry Chris: we only plan on incarcerating simple trial lawyers. Higher ranking judges, we plan on torturing... ;)
No Child Should Live In Fear

What was that about a pearl handled revolver and someone from New Orleans again?

Screw it: just autoclave the planet (thanks Birdman)

freakazoid

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #9 on: May 07, 2014, 01:23:58 AM »
If there were such a thing as official APS badges, half the board would hate everything about themselves and CSD would defend them to the death.

 :rofl:

Can I get my official APS member badge soon?  Kind of worried that when you all come for the lawyers/judges, I might get mistaken for a bad guy...

This should be a thing. :laugh:
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Balog

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #10 on: May 07, 2014, 02:42:38 AM »
Can I get my official APS member badge soon?  Kind of worried that when you all come for the lawyers/judges, I might get mistaken for a bad guy...

I just sharpie'd APS on my concealed carry badge.
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RoadKingLarry

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #11 on: May 07, 2014, 06:50:51 AM »
Can I get my official APS member badge soon?  Kind of worried that when you all come for the lawyers/judges, I might get mistaken for a bad guy...


Don't worry, you're on "the list".
If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.

Samuel Adams

T.O.M.

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #12 on: May 07, 2014, 07:02:40 AM »

Don't worry, you're on "the list".

Is that the "Come have some beer and ribs" list, or the "let's see what happens when we stick him in a wood chipper like in Fargo" list?
No, I'm not mtnbkr.  ;)

a.k.a. "our resident Legal Smeagol."...thanks BryanP
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RoadKingLarry

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #13 on: May 07, 2014, 08:10:15 AM »
I'll get back to you on that...
If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.

Samuel Adams

bedlamite

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #14 on: May 07, 2014, 08:48:49 AM »
Yeah, definitely the beer and ribs list.

Hey, RKL, you're bringing the wood chipper, right?
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TommyGunn

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #15 on: May 07, 2014, 11:33:12 AM »
Can I get my official APS member badge soon?  Kind of worried that when you all come for the lawyers/judges, I might get mistaken for a bad guy...
I just sharpie'd APS on my concealed carry badge.



I'd like one too! [tinfoil]  If it can't be 24kt gold, then it should atleast be gold plated.   [tinfoil] [tinfoil]
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I mean like Steve McGarrett's in the original Hawaii Five-O. [tinfoil] [popcorn] :-* :-* :angel: :angel: :lol: :lol: ;/ =D  
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Strings

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #16 on: May 07, 2014, 11:46:26 AM »
Thought we weren't using the wood chipper this time?
No Child Should Live In Fear

What was that about a pearl handled revolver and someone from New Orleans again?

Screw it: just autoclave the planet (thanks Birdman)

Scout26

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #17 on: May 07, 2014, 03:10:59 PM »
a)  Snow's gone.  It's okay to use the woodchipper now.

b)  We're gonna need a bigger wall. 

c)  Chris, I would claim to be a used car or insurance salesmen (keep a bunch of brochures for both in your briefcase), you'll stand a better chance.  Telemarketer or 1st level Help Desk operator might even be a fall-back option. (Can you do an Indian accent?)





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If there were such a thing as official APS badges, half everyone on the board would hate everything about them but CSD would defend them to the death.


FTFY.

 =D =D

« Last Edit: May 07, 2014, 03:26:10 PM by scout26 »
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Hutch

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #18 on: May 08, 2014, 08:21:49 PM »
Remember all this when it's us putting them in prisons.
What circumstances can you imagine, Dick, that would have anarchy-capitalist/libertarians imprisoning people for thought crimes?
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Monkeyleg

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #19 on: May 08, 2014, 08:50:29 PM »
Thought crimes? They've committed enough physical/financial crimes to warrant prison.

birdman

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Re: The Nation Has Entered a Post-Constitutional Era
« Reply #20 on: May 08, 2014, 08:51:02 PM »
Thought crimes? They've committed enough physical/financial crimes to warrant prison.

Anarcho-capitalists have committed financial crimes?