--- In FairfieldLife@yahoogroups.com, "sparaig" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, MDixon6569@ wrote:
> >
> >  
> > In a message dated 8/19/06 6:18:51 P.M. Central Daylight Time,  
> > sparaig@ writes:
> > 
> > Of  curse, none of these polls quite asks about the real issue: 
should the  
> > president be 
> > allowed to ignore the law?
> > 
> > The law states that the law  enforcement types most get a warrant 
to monitor 
> > calls of the 
> > relevant kind  within 48 hours AFTER the monitoring starts, IIRC.
> > 
> > The President never  bothered to have his people do this. IN 
fact, since it 
> > is standard  
> > procedure for law enforcement agents to follow the law unless 
told  
> > otherwise, someone 
> > must have ordered these agents NOT to follow the  law.
> > 
> > 
> > 
> > As I have now said in a couple of other posts, the issue as you 
state also  
> > involves presidential powers in a time of war when national 
security is  
> > involved. Presidential authority and powers can and has changed 
numerous times  
> > through out our history during wars.
> >
> 
> Show me the Constitutional basis for this "change in powers."

The administration argues that the Iraq war resolution
allows Bush to take whatever measures he thinks are
necessary.  According to Gonzales:

"Now, we do not have to decide whether, when we're at war
and there is a vital need for the terrorist surveillance
program, FISA unconstitutionally encroaches or places an
unconstitutional constraint upon the President's Article
II powers. We can avoid that tough question because
Congress gave the President the force resolution [i.e.,
to use force against Iraq], and that statute removes any
possible tension between what Congress said in 1978 in
FISA and the President's constitutional authority today."

Yes, by all means, let's try to find a way to avoid "tough
questions" over whether an action is constitutional or not.

(I said in an earlier post that FISA was passed in 1972;
it was actually 1978.)

Notice that Gonzales refers to warrantless wiretapping
here as "the terrorist surveillance program," as if the
FISA law already in place didn't provide for a perfectly
good terrorist surveillance program that doesn't
"encroach upon" the ability to wiretap terrorist suspects
in the slightest.







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