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Conservatives Drop Their Love for the Constitution
reason.com ^ | December 6, 2011 | A. Barton Hinkle

Posted on 12/09/2011 7:04:01 PM PST by giotto

Edited on 12/10/2011 10:32:56 AM PST by Admin Moderator. [history]

Santayana defined fanaticism as redoubling your effort while losing sight of your goal. America’s recent discussions about the war on terror would give him few grounds to change his view.

Several GOP presidential candidates have said they would support bringing back waterboarding, a practice the U.S. prosecuted as a war crime after WWII. Apparently it’s only torture when the other side does it.

Last week the Senate was consumed with debate over a defense bill. Among its provisions: an amendment by New Hampshire Republican Sen. Kelly Ayotte to nullify an executive order banning torture. Another proposal: allowing U.S. citizens captured on U.S. soil to be held indefinitely without charge by the U.S. military. (An amendment to strike that language from the bill failed, despite the commendable support of Virginia Sens. Mark Warner and Jim Webb.) Yet another provision would require civilian authorities to hand over terrorism suspects to the military.

Supporters of the detention provision noted language stipulating that the “requirement” to detain a person in military custody “does not extend to citizens in the United States.” But as critics of the measure noted, there is a difference between what is required and what is allowed. The bill “does not preclude U.S. citizens from being detained indefinitely,” according to Rep. Justin Amash. Sen. Lindsey Graham put it more bluntly: the bill declares “that the homeland is part of the battlefield” and those suspected of terrorism can be held indefinitely without charge, “American citizen or not.”

Excerpt, read more at Reason.com


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: constitution; ibtz; ndaa; waronterror
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To: Jonty30

Go read the Constitution for yourself and see what it says. Take your time. Feel free to move your lips while you do it. I hear that helps.

Then you will know what it says about the circumstances under which the Bill of Rights can be suspended.


61 posted on 12/10/2011 5:48:53 AM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: HiTech RedNeck
Waterboarding is not a drowning. A drowning is not waterboarding.

The purpose of waterboarding is to simply trigger the anti-drowning reflex. The purpose of drowning is to kill someone.

If your intent is to acquire information, waterboarding is vastly superior to drowning.

62 posted on 12/10/2011 7:30:05 AM PST by muawiyah
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To: giotto
The wars we are currently engaged in are declared wars.

With respect to the attack by the irredentists of the former Islamic Caliphate called "The Ottoman Empire", they declared war on us. Until they surrender and sue for a peace treaty we are at war with them.

The Constitution clearly establishes the fact that the President has an open ended right to repel invaders. "W" bothered getting an authorization to use force though.

Again unless you can come up with some Constitutionally prescribed piece of wording that says "Declaration of War" you will have to live with what the Constitution says on the matter.

Now, regarding peace, presumably the President can make a treaty with just about anybody ~ country or otherwise ~ and with 2/3 concurrence of the Senators present and voting, that becomes law.

In short, the President can stop fighting a war if and only if he has the concurrence of the Senate with a super majority. To that degree the Constitution has a clear BIAS toward continuing war ~ once engaged ~ which is something you should really think about. Not only do we give the President the authority to defend the nation once he starts doing that he's on the hook until a super majority in the Senate says he can stop taking those actions.

Currently that would include making war against any forces of any kind in any part of the Former Islamic Caliphate!

63 posted on 12/10/2011 7:41:51 AM PST by muawiyah
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To: haroldeveryman

I believe the British soldiers who repelled the Boston rioters (pre-Revolution) were found innocent in a civilian court. The Founders no doubt didn’t want that sort of thing going on ~


64 posted on 12/10/2011 7:44:11 AM PST by muawiyah
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To: PapaNew

Good post.


65 posted on 12/10/2011 8:06:06 AM PST by FourtySeven (47)
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To: grumpygresh

It’s tribal war baby and the best we can hope for is to annihilate the Leftists. If zero is re-elected, a coup d’état is the best option with merciless reprisals for the Leftists.
***Isn’t that advocating violence and sedition?


66 posted on 12/10/2011 8:47:36 AM PST by Kevmo (When a thing is owned by everybody nobody gives value to it. Communism taught us this. ~A. Rossi)
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To: Kevmo

A ‘bloodless’ coup of course. Much as happened with the Soviet Union. And annihilation means political annihilation.
A coup is much preferable to a Leftist dictatorship. A Leftist dictatorship under obama is the worst of all worlds, and as it evolves, the tyranny will harden making violence by the state on the people more prevalent. Of course, people will resist and that would mean conflict, and yes, armed conflict against the government. The problem is that as these power shifts occur, the likelihood of restoring the republic diminishes because reprisals will be irresistible.
Nothing will stop the demon obama in a second term.
I hope you’re not a ‘citizen spy’ and you send this report to the central authorities. If you see something, say something.....
Live free or die, my friend?


67 posted on 12/10/2011 9:23:10 AM PST by grumpygresh (Democrats delenda est; zero sera dans l'enfer bientot.)
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To: muawiyah
You can rationalize all you like, but the War on Terror, as Dubya dubbed it, is NOT a war on the Caliphate. It's not even a war on jihad. Like the War on Poverty and the War on Drugs, it's mostly an excuse to create more bureaucracy (Homeland Security) and take away more liberties.

And just because a few hijackers "declared war on us," as you put it, that doesn't constitute a declaration of war by our government. It has to be bilateral, and it has to be a formal declaration.

The Constitution clearly establishes the fact that the President has an open ended right to repel invaders

Repelling invaders is not the same as declaring war on the country they came from.

68 posted on 12/10/2011 9:26:07 AM PST by giotto
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To: Kevmo
A miracle has occurred, I agree with Kevmo. Unfortunately the post he was responding to was deleted as well it should have. Nevertheless, Kevmo is 100% correct. I hate seeing keyboard commandos advocating violence but you know were it ever to happen (hopefully not in my lifetime) Those same posters will be cowering in their basements waiting until it's safe to go outside and get a 12 cup of soup. But once back inside their basements, they become Rambo!!!

Ready to take on all others via a keyboard. That's how revolutions are won.

Me, I'll be going to work while they're all demanding their ridiculous claims. Would someone explain to me what the hands in front of their chests, fingers pointed down and they're wriggling them? That and the crossed arms in front of their chests. What does that mean?

Is it some nutcase DU sign language angainst The Man?

69 posted on 12/10/2011 10:00:40 AM PST by Lx (Do you like it, do you like it. Scott? I call it Mr. and Mrs. Tennerman chili.)
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To: giotto
You are so wrong ~ a few hijackers ~ just one team that holed up in some townhouses quite near here was in the hundreds ~ and behind them were substantial numbers of incredibly wealthy Saudis and others.

That's what happens to you when you read the Leftwingtard MSM ~ you fail to appreciate the scale of the attack and the identity of the attackers.

And Osama Bin Ladin's own claim was that he wanted to re-establish the Islamic Caliphate ~ they attacked us ~ they identified themselves ~ and that's who they are whether you want to believe it or not.

Now, what did I say ~ "irredentists of the Islamic Caliphate" ~ look that term up someday then we can talk.

70 posted on 12/10/2011 10:23:25 AM PST by muawiyah
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To: giotto
Repelling invaders is quite open ended. We may well end up using nukes on the country that spawned them unless they can show us they have them under control and will sign on to a treaty to prevent such things in the future.

WAR does not wait on formal declarations.

71 posted on 12/10/2011 10:26:16 AM PST by muawiyah
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To: muawiyah
No need to be condescending. I can Google "irredentists of the Islamic Caliphate" with the best of them. But you're still missing the point. The ongoing War on Terror is neither a formally declared war, nor is it a war against the "irredentists of the Islamic Caliphate." So even though the "irredentists of the Islamic Caliphate" may have declared war on us, and even if the "irredentists of the Islamic Caliphate" may in fact be at war with us, we are not at war with the "irredentists of the Islamic Caliphate"--as much as some of us would like to imagine that we are. No, our formal enemy is Terror, a word so broad that it can include anything from blowing up a federal building to describing a naughty child.

When the US government gets serious about fighting the "irredentists of the Islamic Caliphate," so will I. Until then, their War on Terror is just a con game.

72 posted on 12/10/2011 4:25:00 PM PST by giotto
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To: giotto

I don’t believe you understand the situation. THEY ATTACKED US. The war is on until there’s a surrender and a treaty.


73 posted on 12/10/2011 5:41:56 PM PST by muawiyah
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To: giotto
One more time ~ just to help educate our audience. A declaration of war takes a mere majority. A declaration of peace requires a treaty with 2/3 Senate majority.

We also don't have a specific provision in the Constitution to allow us to OCCUPY a defeated foe until he agrees to that treaty but we do that anyway.

At the moment we are preparing to pull out of both Iraq and Afghanistan WITHOUT such a treaty being approved in the Senate.

Probably grounds for impeachment.

74 posted on 12/10/2011 7:25:37 PM PST by muawiyah
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To: muawiyah

Why would you need a treaty to end a war that was never declared in the first place?


75 posted on 12/13/2011 10:38:10 AM PST by BatMite
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To: BatMite
Congress authorized the use of force ~ to wit, they declared war in response to an attack.

Once you do that you only have one way to quit ~ you need a treaty approved with a 2/3 majority.

76 posted on 12/13/2011 10:40:34 AM PST by muawiyah
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To: muawiyah

Not at all. What Congress authorizes, it can un-authorize (and, in any case, the President doesn’t have to make use of the authorization in the first place, or continue to use it indefinitely).


77 posted on 12/13/2011 10:43:16 AM PST by BatMite
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