----- Original Message ----- From: "Nick Arnett" <[EMAIL PROTECTED]> To: "Killer Bs Discussion" <[email protected]> Sent: Wednesday, January 18, 2006 1:41 PM Subject: Re: Technique
>Are you saying that as long as they stop short of overthrowing the >government by force, then they're respecting the Constitution? More that they are regarding it as more than a "mere piece of paper." They recognize that the Constitutionality of the actions they are considering should be part of their decision making. Most of the time, actually every time I can think of, actions that are later deemed unconstitutional were justified at the time by an appeal to a different part of the Constitution. >Surely there's a whole range of unconstitutional activities area in between >fully upholding it and overthrowing the nation?! Sure, and almost every politician is involved in them one way or another. For example, the Federal Law prohibiting handguns within (1000?) feet of a public school was declared unconstitutional. So, the Congress and Senate acted unconstitutionally when they passed that law, as did the president when he signed it. As far as I know, when there is a dispute over authority, such as there is now over the authority claimed by Bush, there is usually no punishment for acting as though one's interpretation of the Constitution were correct. It takes a very obvious mis-interpretation, one that is more than just wrong, for it to be a serious matter. For example, one cannot justify breaking and entering into the opposing party's headquarters. Now, not only do I think that Bush's actions will the NSA are unconstitutional, I think that the Supreme Court will find that they exceed his authority. But, since they have been slow to act in this area, there is no indication that the courts feel that there is no Constitutional basis for Bush's actions. The inaction by the courts indicates that they feel that he is at least wrong. Contrast this with the much swifter action against Nixon with the secret tapes. So, I do not think that most politicians think of the Constitution as a mere scrap of paper. Even when they are acting unconstitutionally, they try to paint is as acting as they are required by the Constitution. Knowing human nature, I'd argue that they tell themselves that, as well as the rest of us. Dan M. _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
