If All Rights Are Subject To Laws and Regulation, hmmm..........................

@gewcew23 (8007)
United States
July 6, 2008 6:40pm CST
Great Constitutionial mind like Obama and Justice Beyer have opinied that all right even those found in the Constitution are subject to law and regulation. We have a Constitutionial law "professer" and a SCOTUS justice saying this so who am I to say anything against this logic. So let us apply these logic shall we. When the New York Times report about a leak on how the United States Treasure was monitoring money transactions inside terrorist groups and trying to freeze those funds. Remember when some wanted the New York Times reporter and editor to be tried for treason, what was the response? The New York Times was protected by the First, freedom of the press. Wait a minute I thought all right were subject to laws and regulations. The arguement against FISA is it violates the Fourth Amendment, but wait a minute all rights are subject to laws and regulations. The arguement against Gitmo is that it violates the Fifth Amendment and the Sixth Amendment, but wait just a minute all rights are subject to laws and regulations.
2 people like this
5 responses
• United States
7 Jul 08
Great arguement and legal logic. However, the people who need to pay attention would just laugh it off. This is because they are not sincere in the least.
2 people like this
@gewcew23 (8007)
• United States
8 Jul 08
If I can come up with this, I wonder way the Justic Department has not.
1 person likes this
• United States
8 Jul 08
I believe they have come up with it. They just are ignoring it because it does not agree with what they want to do.
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@Destiny007 (5805)
• United States
8 Jul 08
Despite the fact that there are people who think we all should be regulated, the fact remains that Rights are not subject to regulation. Enemy combatants have no rights under our Constitution, and that Supreme Court decision is in error. Non- citizens have no rights under our Constitution either.
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@gewcew23 (8007)
• United States
8 Jul 08
Try telling that to the "brightest" of the bunch.
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@ladyluna (7004)
• United States
8 Jul 08
Hello Gewcew, Yup, Red's absolutely 'spot on'! You have presented a bullet-proof legal argument here. Too bad it wasn't hammered home in front of the High Court! Situational adaptation has been a reality since our nation's founding. Situational adaptation was employed in our first extra-territorial war against the Barbary Pirates. It was employed when Lincoln temporarily rescinded Habeas Corpus. And, it was feverishly employed under FDR's administration. Incidentally, Lincoln's rescindment of Habeas Corpus was very much like what we are facing now, since the Supreme Court handed down its ruling on Habeas Corpus rights for enemy combatants. It is just as impossible today for our military personnel to get an arrest warrant, and then 'arrest' someone on the battlefield. Then, read them their rights, and secure the crime scene, as it was during the Civil War. Granting those enemy combatants legal rights positions every one of the charges filed against them to have to be thrown out of court, unless the arresting military member can prove the merits of the charges. So, the Supreme Court has, in essence, nullified our military. How can our Military men & women be serving overseas if they have to testify in a U.S.courtroom? It would seem that the Supreme Court believes our men and women in uniform have the time and opportunity to provide depositions, and have them notarized while deployed during a time of war. Moreover, the decision contraindicates the realities of heated moment of the battle, where survival is the prime directive. Instead of focusing on how to stay alive, our soldiers will have to be thinking about the details of the 'crime scene', and worrying about the 'chain of evidence'. The High Court's rulings about FISA is equally subversive of the role and duties of the U.S. Military and intelligence services. It spits in the face of time-critical decision-making, and ignores the reality that people aren't listening to those calls -- a computer is! Human ears are only called to task when the computer picks up relevant key words. Oh, and I love your application of quotation marks around Constitutional Law "professor". I have to wonder how many might miss that poignant reminder?
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@gewcew23 (8007)
• United States
8 Jul 08
If I as someone who decided that a business degree was more usefull than a legal degree could come up with this arguement but the Justice department could not. I wonder if our military will have to start reading people their rights on the battlefield. I can imagine some ACLU lawyer arguing that his client was not read his rights before he was arrested. About the "professor" most have forgotten about that issue I believe.
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@BarBaraPrz (51819)
• St. Catharines, Ontario
7 Jul 08
So... what are you getting at?
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@gewcew23 (8007)
• United States
7 Jul 08
if it is good for the goose it is good for the gander.
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• United States
7 Jul 08
I think that it is the responsibility of the newspaper to tell all that they have, and to try to find more. The issue here is that if it hadn't been leaked, it wouldn't have happened. So who is at fault?
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