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	<title>Comments on: Well, Here&#8217;s a Question&#8230;</title>
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		<title>By: demetri</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-318123</link>
		<dc:creator>demetri</dc:creator>
		<pubDate>Sun, 01 Oct 2006 02:30:18 +0000</pubDate>
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		<description>&lt;p&gt;the next line of the constitution is also interesting in this case:&lt;/p&gt;
&lt;p&gt;&lt;b&gt; No Bill of Attainder or ex post facto Law shall be passed.&lt;/b&gt;&lt;/p&gt;
&lt;p&gt;Now, I understand that this is no bill of attainder, but is it an &lt;a href=&quot;http://en.wikipedia.org/wiki/Ex_post_facto_law&quot;&gt;ex post facto law?&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>the next line of the constitution is also interesting in this case:</p>
<p><b> No Bill of Attainder or ex post facto Law shall be passed.</b></p>
<p>Now, I understand that this is no bill of attainder, but is it an <a href="http://en.wikipedia.org/wiki/Ex_post_facto_law">ex post facto law?</a></p>
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		<title>By: DallasNE</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-315593</link>
		<dc:creator>DallasNE</dc:creator>
		<pubDate>Fri, 29 Sep 2006 15:49:56 +0000</pubDate>
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		<description>&lt;p&gt;This is the point I have been making since day one. The law being debated is clearly unconstitutional. What this means is that those tried and found guilty will appeal and have their appeal upheld on consitutional grounds. Basically, this means that these people will walk. Is that justice? Plus the Constitution prohibits backdating laws. This cannot get Bush or anybody else off the hook for criminal acts prior to the enactment of this law. Every aspect of this attempt is a complete waste of time and money. Time and money that could better be spent in tracking down bin Laden and company.&lt;/p&gt;
&lt;p&gt;Bush, stop making us less safe!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>This is the point I have been making since day one. The law being debated is clearly unconstitutional. What this means is that those tried and found guilty will appeal and have their appeal upheld on consitutional grounds. Basically, this means that these people will walk. Is that justice? Plus the Constitution prohibits backdating laws. This cannot get Bush or anybody else off the hook for criminal acts prior to the enactment of this law. Every aspect of this attempt is a complete waste of time and money. Time and money that could better be spent in tracking down bin Laden and company.</p>
<p>Bush, stop making us less safe!</p>
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		<title>By: cando</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-315123</link>
		<dc:creator>cando</dc:creator>
		<pubDate>Fri, 29 Sep 2006 05:11:37 +0000</pubDate>
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		<description>&lt;p&gt;Christy,&lt;br /&gt;
Keep on keeping on.&lt;br /&gt;
Who is set to appeal this bill?  It must be done?&lt;br /&gt;
I have been away singing in the Rogue Valley Peace Choir with its 148 members, but I am very sad tonight.&lt;br /&gt;
This is an election issue.  The Dems who voted yes are on my NO list of the future.  Anyone who does not understand the constitutional issues at stake must be intellectually limiited or retarded.  I can excuse the latter group, but not members of Congree who should know better.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Christy,<br />
Keep on keeping on.<br />
Who is set to appeal this bill?  It must be done?<br />
I have been away singing in the Rogue Valley Peace Choir with its 148 members, but I am very sad tonight.<br />
This is an election issue.  The Dems who voted yes are on my NO list of the future.  Anyone who does not understand the constitutional issues at stake must be intellectually limiited or retarded.  I can excuse the latter group, but not members of Congree who should know better.</p>
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		<title>By: Beth</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-314606</link>
		<dc:creator>Beth</dc:creator>
		<pubDate>Thu, 28 Sep 2006 23:51:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/09/28/well-heres-a-question/#comment-314606</guid>
		<description>&lt;p&gt;You know - it is really, REALLY dispicable that Republicans would support a bill that undermines the constitution for political gain.  I will NEVER listen to a Republican or consider voting one for as long as I live.  They killed the American ideal ….so is it a stretch to think any of the rest of our rights are in jeapordy - like voting?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>You know &#8211; it is really, REALLY dispicable that Republicans would support a bill that undermines the constitution for political gain.  I will NEVER listen to a Republican or consider voting one for as long as I live.  They killed the American ideal ….so is it a stretch to think any of the rest of our rights are in jeapordy &#8211; like voting?</p>
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		<title>By: Patricia</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-314595</link>
		<dc:creator>Patricia</dc:creator>
		<pubDate>Thu, 28 Sep 2006 23:46:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/09/28/well-heres-a-question/#comment-314595</guid>
		<description>&lt;p&gt;Today I am ashamed to be an American.  What MY government has wrought today creates disastrous results to all military personnel.  I am a Vietnam widow that remembers.  I find this to be a sad day and can do nothing but weep for our soldiers who today are putting their lives on the line.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Today I am ashamed to be an American.  What MY government has wrought today creates disastrous results to all military personnel.  I am a Vietnam widow that remembers.  I find this to be a sad day and can do nothing but weep for our soldiers who today are putting their lives on the line.</p>
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		<title>By: James</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-313833</link>
		<dc:creator>James</dc:creator>
		<pubDate>Thu, 28 Sep 2006 18:34:39 +0000</pubDate>
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		<description>&lt;p&gt;&gt;I,too, am flabbergasted that there’s not more outcry…&lt;/p&gt;
&lt;p&gt;You need to understand that most Americans, the average American, are not that bright and rarely knows what to think in a rational fashion. Most Americans are emotional critters who are followers, not people who could take the lead if necessary.&lt;/p&gt;
&lt;p&gt;There is no outage because Americans cannot perceive what is going on around them. They can’t connect the dots, so to speak.&lt;/p&gt;
&lt;p&gt;Doesn’t say much for America.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>&gt;I,too, am flabbergasted that there’s not more outcry…</p>
<p>You need to understand that most Americans, the average American, are not that bright and rarely knows what to think in a rational fashion. Most Americans are emotional critters who are followers, not people who could take the lead if necessary.</p>
<p>There is no outage because Americans cannot perceive what is going on around them. They can’t connect the dots, so to speak.</p>
<p>Doesn’t say much for America.</p>
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		<title>By: hpschd</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-313823</link>
		<dc:creator>hpschd</dc:creator>
		<pubDate>Thu, 28 Sep 2006 18:29:24 +0000</pubDate>
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		<description>&lt;p&gt;&lt;a href=&quot;#comment-313359&quot;&gt;&lt;em&gt;immanentize @&lt;br /&gt;
                49              &lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;(clip)&lt;br /&gt;
Second, Congress (or the President) may not Restrict the Supreme Court’s original Habeas Corpus jurisdiction which is a creation of the constitution — that is what the suspension clause has been read to mean.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;&lt;a href=&quot;http://caselaw.lp.findlaw.com/data/constitution/article01/46.html&quot;&gt;FindLaw: US Constitution&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;“In form, of course, clause 2 is a limitation of power, not a grant of power, and is in addition placed in a section of limitations. It might be argued, therefore, that the power to suspend lies elsewhere and that this clause limits that authority. This argument is opposed by the little authority there is on the subject. 3 M. Farrand, The Records of the Federal Convention of 1787 (New Haven: 1937), 213 (Luther Martin); Ex parte Merryman, 17 Fed. Cas. 144, 148 (No. 9487), (C.C.D. Md. 1861); but cf. 3 J. Elliot, The Debates in the Several State Conventions on the Adoption of the Federal Constitution (Washington: 2d ed. 1836), 464 (Edmund Randolph). At the Convention, Gouverneur Morris proposed the language of the present clause: the first section of the clause, down to ”unless” was adopted unanimously, but the second part, qualifying the prohibition on suspension was adopted over the opposition of three States. 2 M. Farrand, op. cit., 438. It would hardly have been meaningful for those States opposing any power to suspend to vote against this language if the power to suspend were conferred elsewhere.”&lt;/p&gt;
&lt;p&gt;I am confused.  Are you saying the same thing? Where is the power to suspend?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-313359"><em>immanentize @<br />
                49              </em></a></p>
<blockquote><p>(clip)<br />
Second, Congress (or the President) may not Restrict the Supreme Court’s original Habeas Corpus jurisdiction which is a creation of the constitution — that is what the suspension clause has been read to mean.</p>
</blockquote>
<p><a href="http://caselaw.lp.findlaw.com/data/constitution/article01/46.html">FindLaw: US Constitution</a></p>
<p>“In form, of course, clause 2 is a limitation of power, not a grant of power, and is in addition placed in a section of limitations. It might be argued, therefore, that the power to suspend lies elsewhere and that this clause limits that authority. This argument is opposed by the little authority there is on the subject. 3 M. Farrand, The Records of the Federal Convention of 1787 (New Haven: 1937), 213 (Luther Martin); Ex parte Merryman, 17 Fed. Cas. 144, 148 (No. 9487), (C.C.D. Md. 1861); but cf. 3 J. Elliot, The Debates in the Several State Conventions on the Adoption of the Federal Constitution (Washington: 2d ed. 1836), 464 (Edmund Randolph). At the Convention, Gouverneur Morris proposed the language of the present clause: the first section of the clause, down to ”unless” was adopted unanimously, but the second part, qualifying the prohibition on suspension was adopted over the opposition of three States. 2 M. Farrand, op. cit., 438. It would hardly have been meaningful for those States opposing any power to suspend to vote against this language if the power to suspend were conferred elsewhere.”</p>
<p>I am confused.  Are you saying the same thing? Where is the power to suspend?</p>
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		<title>By: Mommybrain</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-313779</link>
		<dc:creator>Mommybrain</dc:creator>
		<pubDate>Thu, 28 Sep 2006 18:05:46 +0000</pubDate>
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		<description>&lt;p&gt;RMD1035 -&lt;/p&gt;
&lt;p&gt;I,too, am flabbergasted that there’s not more outcry, but then again, not all that surprised.&lt;/p&gt;
&lt;p&gt;The most common response I get from people who aren’t following, aren’t paying strict attention (what, do you think, about 90%?) is &lt;em&gt;Oh, yeah, isn’t that terrible.  But didn’t someone introduce an amendment to stop it?&lt;/em&gt;&lt;/p&gt;
&lt;p&gt;It’s enough to make a grown woman take to her bed with the vapors.&lt;/p&gt;
&lt;p&gt;And those are just the Dems.  The other common response is &lt;em&gt;Oh. I suppose you want the terr’ists to kill you in your sleep?  You are as big a problem as the terr’ists - you support them!&lt;/em&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>RMD1035 -</p>
<p>I,too, am flabbergasted that there’s not more outcry, but then again, not all that surprised.</p>
<p>The most common response I get from people who aren’t following, aren’t paying strict attention (what, do you think, about 90%?) is <em>Oh, yeah, isn’t that terrible.  But didn’t someone introduce an amendment to stop it?</em></p>
<p>It’s enough to make a grown woman take to her bed with the vapors.</p>
<p>And those are just the Dems.  The other common response is <em>Oh. I suppose you want the terr’ists to kill you in your sleep?  You are as big a problem as the terr’ists &#8211; you support them!</em></p>
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		<title>By: RMD1035</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-313757</link>
		<dc:creator>RMD1035</dc:creator>
		<pubDate>Thu, 28 Sep 2006 17:55:05 +0000</pubDate>
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		<description>&lt;p&gt;&lt;a href=&quot;#comment-313458&quot;&gt;&lt;em&gt;Christy Hardin Smith @ 131 &lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;RMD1035 — I call bullshit. And that sort of short-sighted Eeyore crap is what hands Karl Rove election victories. So you’ll pardon me if I don’t buy into a bunch of defeatist crap today or any day, thanks.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;“The only thing necessary for the triumph of evil is for good men to do nothing.”&lt;/p&gt;
&lt;p&gt;-Edmund Burke&lt;/p&gt;
&lt;p&gt;Dear Christy:&lt;/p&gt;
&lt;p&gt;Far be it for me to get into a “pissing” contest with you, that was only my 3rd post on this site. Trust me that was far from my intention, and certainly your vehement challenge to my assertion is praise worthy, however perhaps I should explain my rational for my previous post.&lt;/p&gt;
&lt;p&gt;This “law” that is being debated challenges the very underpinnings of our concepts of justice in every respect. It codifies torture, indefinite detention, and most tellingly, pardons for those who are supposedly in our employ for war crimes, and by any definition crimes against humanity.&lt;/p&gt;
&lt;p&gt;While I certainly understand that this was a Republican law, proposed by this administration, I find it telling that in the House vote today, 34 Democrats voted in favor this heinous law, one of which unfortunately (Rep. Ford from TN I believe) is in a close race for the US Senate. While I understand how it might be “politically” expedient to vote in favor of this bill, the underlying fact is they will be condoning evil. &lt;/p&gt;
&lt;p&gt;While fully cognizant of the fact that we have NO HOPE with a Republican Congress, I wonder if the Democratic Party took over one or both Houses of Congress, how many of them will be willing to go to the “mat” with the Bush/Cheney administration. If 34 of the “good” guys are willing to sell their souls for their current jobs (or future jobs) for the sake of political expediency, one has to wonder where they will ever draw the line. &lt;/p&gt;
&lt;p&gt;Am I a defeatist? No, I prefer to think of myself as a idealist. WTF do we stand for, not as a party, but as a people. I am astonished how little outcry as a whole this entire process has generated. I spent 3 yrs of my life as a military policeman in the US Army, and the last 20 working in law enforcement, and here before my very eyes, the elected leaders of my country are actually legalizing evil acts. I am truly speechless.&lt;br /&gt;
&lt;br /&gt;
Again I did not mean for you to take offense.&lt;br /&gt;
&lt;br /&gt;
RMD1035&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-313458"><em>Christy Hardin Smith @ 131 </em></a></p>
<blockquote><p>RMD1035 — I call bullshit. And that sort of short-sighted Eeyore crap is what hands Karl Rove election victories. So you’ll pardon me if I don’t buy into a bunch of defeatist crap today or any day, thanks.</p>
</blockquote>
<p>“The only thing necessary for the triumph of evil is for good men to do nothing.”</p>
<p>-Edmund Burke</p>
<p>Dear Christy:</p>
<p>Far be it for me to get into a “pissing” contest with you, that was only my 3rd post on this site. Trust me that was far from my intention, and certainly your vehement challenge to my assertion is praise worthy, however perhaps I should explain my rational for my previous post.</p>
<p>This “law” that is being debated challenges the very underpinnings of our concepts of justice in every respect. It codifies torture, indefinite detention, and most tellingly, pardons for those who are supposedly in our employ for war crimes, and by any definition crimes against humanity.</p>
<p>While I certainly understand that this was a Republican law, proposed by this administration, I find it telling that in the House vote today, 34 Democrats voted in favor this heinous law, one of which unfortunately (Rep. Ford from TN I believe) is in a close race for the US Senate. While I understand how it might be “politically” expedient to vote in favor of this bill, the underlying fact is they will be condoning evil. </p>
<p>While fully cognizant of the fact that we have NO HOPE with a Republican Congress, I wonder if the Democratic Party took over one or both Houses of Congress, how many of them will be willing to go to the “mat” with the Bush/Cheney administration. If 34 of the “good” guys are willing to sell their souls for their current jobs (or future jobs) for the sake of political expediency, one has to wonder where they will ever draw the line. </p>
<p>Am I a defeatist? No, I prefer to think of myself as a idealist. WTF do we stand for, not as a party, but as a people. I am astonished how little outcry as a whole this entire process has generated. I spent 3 yrs of my life as a military policeman in the US Army, and the last 20 working in law enforcement, and here before my very eyes, the elected leaders of my country are actually legalizing evil acts. I am truly speechless.</p>
<p>Again I did not mean for you to take offense.</p>
<p>RMD1035</p>
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		<title>By: Curious Jim</title>
		<link>http://firedoglake.com/2006/09/28/well-heres-a-question/#comment-313755</link>
		<dc:creator>Curious Jim</dc:creator>
		<pubDate>Thu, 28 Sep 2006 17:54:38 +0000</pubDate>
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		<description>&lt;p&gt;Looks like the Democrats got suckered again by Specter.  It was a head fake that they always fall for.  And filibustering would spell DOOM for the Dems from Karl Rove’s army of orcs.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Looks like the Democrats got suckered again by Specter.  It was a head fake that they always fall for.  And filibustering would spell DOOM for the Dems from Karl Rove’s army of orcs.</p>
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