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H.R.3162 PATRIOT ACT{ YOUR NEW- POLICESTATE- LOOK FOR YOUR SELF}
thomas ^ | GOVERNMENT

Posted on 10/27/2001 9:33:56 AM PDT by freedomnews

H.R.3162

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001


TOPICS: Crime/Corruption; Front Page News; News/Current Events
KEYWORDS: computersecurityin
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To: Tauzero
So you admit that when this law is used according to purpose, it is constitutional. Thanks. It's the courts' job to decide when it goes beyond. I was pointing out that if the SCOTUS will err in any direction, it will err in the direction of more "private" freedoms.
281 posted on 10/27/2001 11:14:34 PM PDT by HiTech RedNeck
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To: Tauzero
You ignore "by warrant" and you ignore that the oath/affirmation need only be as to the existence of the basis being brought before the court as probable cause.
282 posted on 10/27/2001 11:15:42 PM PDT by HiTech RedNeck
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To: Tauzero
Oh I get your quibble. Yes, in theory we have to call this a "suspected terrorist" until conviction. So? Nothing in this law calls for punishment prior to conviction. Yes, the due process of law sometimes causes inconveniences to the innocent even if a perfect court verdict ultimately follows. It's the nature of the animal. I'd love to see such things as laws which would recompense a person held for a crime if a trial proves by "clear and convincing evidence" or some such that the person was, in fact, innocent. Will it. however, ever happen? Will pigs fly?
283 posted on 10/27/2001 11:24:16 PM PDT by HiTech RedNeck
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Comment #284 Removed by Moderator

Comment #285 Removed by Moderator

To: Tauzero
I find it interesting that as far as the terrorists are concerned, they are for the most part foreign nationals on visas (sometimes expired ones) visiting in the USA.

Being they are not US citizens, they are not afforded the same protections that are guaranteed by the Constitution and Bill of Rights.

As a US Marshal friend of mine said on Friday, "If the US Government had just enforced the laws in existance, we would have no terrorist threat today!"

Here are my papers Kapitan. Oh yes, I will strip down right here and show you I have no veapons </sarcasm off>

286 posted on 10/27/2001 11:52:49 PM PDT by TaZ
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To: P-Marlowe; Demidog; kempo; Jolly Rodgers
To: P-Marlowe; kempo; Jolly Rodgers
To: kempo; Jolly Rodgers
I would stop the terrorist by inforcing existing laws.
Why does every new violation of law
require new laws to handle it?
We already have laws to handle terrorism.
It was done before, with no violation of our rights.
You do not understand, kempo.
We are not at war.
# 121 by exodus
===============
Of course not.
We have never known such a wonderful peace in our lifetime.
The view from under the sand is breathtaking, isn't it?

# 131 by P-Marlowe
===============
Such sarcasm, P-Marlowe.
U.S. Constitution, Article 1, Section 8, Clause 11 -
"(The Congress shall have Power To) To declare War,
grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water..."
Where is your Congressional Declaration of War, P-Marlowe?
# 173 by exodus
===============

To: exodus
I would think that this Bill is a defacto declaration of war.
Congress does not have to pass a formal declaration of war to "declare" war.
The manner in which Congress declares War is not set forth in the constitution.
They can declare War by simply by supporting the military action of the Commander in Chief.
How's the view from under the sand?
# 231 by P-Marlowe

===============

Actually, a Declaration of War must be formally made,
otherwise, there is no Declaration of War.
The very definition of "declare" is "to make known formally."

The procedure for declaring war may not be spelled out in the Constitution,
but Article 1, Section 8, Clause 11, together with the 10th Amendment,
says that only Congress is allowed to declare war.
It is not a Presidential power.

"I would think that this Bill is a defacto declaration of war."
"This Bill," P-Marlowe?

Do you mean to say that until this Bill passed, we were NOT at war?
I remember media types, and President types, and Congress types,
all saying "We are at war with terrorists!"
from the day of the bombing.

If they are to be believed,
Congress doesn't have to formally declare war.
They also didn't have to formally declare war
on crime, or on drugs, or on Vietman, or on any Balkan state.

Amazing, isn't it?
You don't have to formally do anything
to violate the Constitution.

287 posted on 10/28/2001 12:58:12 AM PDT by exodus
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To: MJY1288
Kinnda makes you question some of the people here doesn't it. But because of this new law, they have all been targeted, and I am sure they are all under surveilance as we speak.
288 posted on 10/28/2001 1:27:34 AM PDT by snodog
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To: snodog
bump
289 posted on 10/28/2001 2:49:52 AM PST by KDD
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To: Native American Female Vet
Hey, look, I was standing down Russian tanks no more than 50 yards away with a broken machinegun when you were still getting your diapers changed.

I swore the oath back when it meant something - when most of the people living in this country hated soldiers - hated men doing their patriotic duty. You swore it when it was easy; when most people fully supported the war.

So don't toss any drek my way regarding that oath.

290 posted on 10/28/2001 4:20:02 AM PST by muawiyah
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To: exodus
When the enemy is trying to kill you - that's a war even if Congress is of a contrary opinion. Actually, the enemy may be trying to kill Congress - still, you will notice, they are afraid of going through the formality of declaring war.

That's for two reasons - one has to do with who gets to pay insurance claims which arise out of acts of war; - one has to do with the identity of the enemy which seems to be rich people from/in Saudi Arabia.

Still, I've been "shot at" - twice now! It's a war. You guys want to quibble around the edges, go ahead. It's still a war no matter what you or Congress say.

291 posted on 10/28/2001 4:24:19 AM PST by muawiyah
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To: Tauzero
Up until this thread you and I were probably on the same side, eh? What brought our division is you decided to sacrifice my life for your comfort.

You are the one that betrayed the trust.

292 posted on 10/28/2001 4:32:48 AM PST by muawiyah
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To: Mercuria
You go girl! Bump for your excellent replies...
293 posted on 10/28/2001 5:21:12 AM PST by NCEaglette
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To: stryker
I love the "I have nothing to hide," justification for intrusive new laws.

I have said it before and it bears repeating

It scares me so many are willing to put the burden of proof on themselves, rather than the government. It is the antithesis of freedom.

294 posted on 10/28/2001 5:37:02 AM PST by Protect the Bill of Rights
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To: riley1992
ping

If you have the time.

295 posted on 10/28/2001 6:08:13 AM PST by NoCurrentFreeperByThatName
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To: muawiyah
===============

To: Native American Female Vet
To: exodus "When the enemy is trying to kill you - that's a war even if Congress is of a contrary opinion. Actually, the enemy may be trying to kill Congress - still, you will notice, they are afraid of going through the formality of declaring war..."
"...Still, I've been "shot at" - twice now!"
It's a war.
You guys want to quibble around the edges, go ahead.
It's still a war no matter what you or Congress say."
# 291 by muawiyah

===============

You're being emotional, muawiyah.

By that kind of reasoning, a group of "kids" shooting at your house would plunge our nation into war. Never mind that there isn't an enemy nation to point at, they shot at me, so we're at war.

Normal police procedure can be used to fight terrorism, muawiyah.

Remember all the aircraft hijacking 30 years ago? The government didn't violate any rights, but they managed to stop the highjackings anyway.

We are under no danger of losing our nation, or our way of life, because of terrorists. Terrorists can't restrict our rights. That danger comes from our government, and it's un-Constitutional, un-official "war."

296 posted on 10/28/2001 6:41:48 AM PST by exodus
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To: exodus
Frankly, I am as disappointed as you are that our Reps don't give a big rat's a*s about our troops enough to respect them with a declaration fo war. That's because there are too many PC Democrats in there - if I had my way, they'd all be chucked into a prison until the ending of hostilities.

On the other hand, saying there is no war when there is, in fact, war, is stupid. It's also highly offensive to those who are under attack.

297 posted on 10/28/2001 7:05:12 AM PST by muawiyah
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To: muawiyah
To: Native American Female Vet
"You never swore to "die".
You swore to defend and protect.
It only helps when the enemy dies.
Now, get on with it - go that way.
They are over there, not here!..."
"...A war is on and presumably none of us are doing anything to undermine the war effort are we?
I know American can count on me, but I don't know about the others."

# 212 by muawiyah
=======================
"What the hell do you think defends means anyway???? Spit at em? Look here you ungratfull XXXX...You dont think when WE swore that oath and when they shipped our ass to that godforsaken desert, slapped some ammo in our hands and said lock and load, We did not have chance of dying? You think those soldiers over there now didnt swear the same oath we did and dont think it might include dying? You think no enemy died then and now? Well let me tell you something...your wrong. Since apprently you dont know how a war works you should SHUT UP. Im stopping here cause I will not let the likes of you get me banned."
# 268 by Native American Female Vet
===============

To: Native American Female Vet
Hey, look, I was standing down Russian tanks no more than 50 yards away with a broken machinegun when you were still getting your diapers changed.
I swore the oath back when it meant something - when most of the people living in this country hated soldiers - hated men doing their patriotic duty. You swore it when it was easy; when most people fully supported the war.
So don't toss any drek my way regarding that oath.
# 290 by muawiyah

===============

It was easy for her, muawiyah.

She's young,
she never had to walk uphill down the mountain
in the freezing snow on a blistering hot summer day
to volunteer to die for her country.

Forgive the whipper-snapper.
I know you're a better, more patriotic soldier than her.

298 posted on 10/28/2001 7:07:10 AM PST by exodus
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To: muawiyah
===============

To: exodus
Frankly, I am as disappointed as you are that our Reps don't give a big rat's a*s about our troops enough to respect them with a declaration fo war. That's because there are too many PC Democrats in there - if I had my way, they'd all be chucked into a prison until the ending of hostilities.
On the other hand, saying there is no war when there is, in fact, war, is stupid. It's also highly offensive to those who are under attack.
# 297 by muawiyah

===============

It has nothing to do with "respecting the troops," muawiyah.

Sending troops into a foreign nation,
without a Declaration of War,
is a so-called "police action."
It is not a war.

Also, sending troops into a foreign nation is itself an "Act of War."
An Act of War without Congressional sanction is illegal.

299 posted on 10/28/2001 7:17:55 AM PST by exodus
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To: freedomnews; exodus
Thanks for the bump-the article seems to have attracted a lot of attention. A few of the proposals make some sense. For example, a single warrant for multiple phone wiretaps is just a recognition of todays technology.

First, however, I think we need to appreciate our founding fathers warning that power, particularly when concentrated in government, corrupts. Many posts on this thread seem to accuse those opposed to granting greater power to the government is un-American. Frankly, I think the opposite would be closer to the truth.

This war started, in my opinion, with the attack in Beirut. It has intensified over the last 7 years with an attack on the WTC, two embassies in Africa, Khobar Towers, the USS Cole, and finally the 9/11 attack on the WTC. I don't think terrorism was on the govermnents radar screen in any serious way prior to 9/11. Their failure to combat terrorism wasn't due to a lack of law enforcement "tools", it was due to a lack of will. I was amazed, immediately after 9/11 how quickly arrests were made. The New York Times ran an article today, "Jubilant Calls on Sept. 11 Led to F.B.I. Arrests". The had the right lines bugged, even under the old technology. EXODUS gets the answer right when he says "...I would suggest, MJY1288, that we inforce the laws we have, instead of violating the rights of citizens." This was a failure of law enforcement, not a lack of tools. We this bill in force a year ago, nothing would have been different.

300 posted on 10/28/2001 7:21:25 AM PST by SJackson
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