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To: bvw
In absolute terms, we have the same Constitution, albeit with some additional amendments. Of course, arguing in absolutes can be a two edged sword. Try applying the language of the Commerce Clause as an absolute and see how fast things change.
362 posted on 02/13/2003 3:12:03 PM PST by tacticalogic (Controlled application of force is the sincerest form of communication.)
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To: tacticalogic
We are in a most curious state right now, niether peace nor war. There is one Constitution, including Amendments. The Constitution give the Executive the command of the Army and the Navy, and Congress the powers to fund the Army and Navy, to declare War and to issue Letters of Marque and Rebuke.

What is War? The Constitution recognises it, but what is it recognizing? It is a state of immediate deadly danger to the state, as a whole. To the extent possible, all Constitutional protections and limits are to be followed in Peace and War -- but in War, to assure survival, extensions and exemptions must, of necessity be applied. What saves us from the misrule of a Tyrant during War?

In sum, good grace! It is the reason that we should pick men of high morality and boldness to lead us in War, otherwise to enter into it's harsh accountings can be more a ruination than being defeated by the Enemy would be.

No law can protect us against base impulses left unchecked -- in War, no Constitution is a safeguard of survival, much less any aspect of existance, such as Liberty, short of survival.

It is important not to be slack in defending Liberty, defending as much of the Constitution as might be safe, even to the extent of allowing what might be dangerous, yet not immediately and obviously so. These are judgements for each man and man in an office to make, but not to be argued in court -- I'd say -- during the hot course of the War, for to do so risks the whole nation.

As a self-defense plea exempts a man from a charge of murder, so does -- in the times and places, including the rear, where the War is active -- a government official in pursuit of War goals and necessities from many of the limits of peacetime.

365 posted on 02/13/2003 4:08:40 PM PST by bvw
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