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  Constitutional Questions

The rule of law, must be renewed...  Al Gore

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Is This America?   TPM - New York,NY,USA
The people must rise up and demand a full and complete
restoration of our political and civil rights and liberties
Howard Zinn: US 'In Need of Rebellion'   http://www.commondreams.org/headline/2008/09/09-
The president remains convinced that he has an inherent constitutional power to do whatever he (and he alone) considers necessary to protect the national security. Bruce Fein, a conservative constitutional lawyer who served in the Reagan Justice Department, was at that meeting, and said during an August 15 Bill of Rights Defense Committee conference call:
"The president claims he doesn't have to obey any law..."

Who Voted for FISA? And How Much $$$ Have They Received From Telecom Companies?

 

Who Voted for FISA? And How Much $$$ Have They Received From Telecom Companies?
By Davin Hutchins, American News Project
ANP looks into who was for immunity, and how much telecom money is in their campaign coffers. Read more »

Democrats May Subpoena N.S.A. Documents
By JAMES RISEN
The move would mark the most aggressive action yet by Congress in its oversight of the wiretapping program and could set the stage for a constitutional showdown over the separation of powers.
See Full Text of US Constitution    Habeas Corpus Update
 
"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

The current suspension of Habeas Corpus is unconstitutional.
 
"Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States;[3] If he approve he shall sign it, but if not he shall return it, with his Objections"
 
Signing Statements are not constitutional.

" The Congress shall have Power To constitute Tribunals inferior to the supreme Court"
 
The Bush tribunals were unconstitutional.

"The Congress shall have Power To declare War, ...and make Rules concerning Captures on Land and Water." 

The Bush invasion and occupation of Iraq, a tacit declaration of war, was unconstitutional.

"No Bill of Attainder or ex post facto Law shall be passed."
 
The recent congressional ex post facto legalization of torture is not constitutional.

"No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time."
 
The Halliburton, Bechtal, and other corporate giveaways, without oversight or documentation, are unconstitutional. They remain unaccountable.

"No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
 
The use of our Oregon Guard troops in Iraq is unconstitutional.

"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."
 
The Supreme Court's effective installation of George Bush by judicial fiat in 2000 was unconstitutional.

"He (The President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." 

Bush's abrogation of treaties, without consultation with congress, was and is unconstitutional.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Bush's abrogation of treaties is a violation of US law and an impeachable offense

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Congress' recent redefinition of torture, civil law, and constitutional supremacy are unconstitutional.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The Patriot act is unconstitutional.

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The renditions are unconstitutional, and cannot be declared "legal" after the fact. Bush administration operatives remain liable for criminal prosecution.

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

The Bush administration has, on a regular basis, violated this clause.  And the recent congressional decision contradicts this clause as well.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Torture, according to subjective presidential discretion, is unconstitutional.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

In other words.... George is a public servant, not "the decider."  His aspirations to rule by divine right, irrespective of congress and the courts, are unconstitutional.

"No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same."

Bush's neglect of his duty to uphold and protect the constitution is sufficient cause not only for impeachment, but for his summary removal from the presidency.

"The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned."

When the US Government borrowed money from the Social Security Trust fund, they are constitutionally obligated to pay it back.  Bush's contention that we are just out of luck is invalid.  The Government is constitutionally accountable for its debts. 

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