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Old 12-17-2005, 01:23 AM
bobman0330 bobman0330 is offline
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Join Date: Aug 2004
Posts: 52
Default Re: If it turns out that Bush broke a law with domestic spying....

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He knowingly violated the 4th amendment and he certainly violated the requirement (Article II, sec. 3) that the President "shall take Care that the Laws be faithfully executed."

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Constitutional interpretation must be really easy when you don't try to make arguments or consider anything counter to what you've already decided. This is not an open and shut case, by any stretch of the imagination.

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Then feel free to counter his argument.

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Which argument was that? Anyways, it's an intelligence service monitoring international communications of people suspected to be the agents of a foreign international terrorist organization. Imposing a warrant requirement would be a serious hindrance to the government in monitoring the activities of al-Qaeda. I don't know what the current law on this issue is, but there are yes and no answers on closely related questions. A matter for debate. And if there's no warrant requirement, it boils down to whether or not individual wiretaps were reasonable. volokh.com has an interesting bit on the subject.
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