Battle for Democracy

Tomorrow, on August 15, in Courtroom 1, 3rd Floor, 95 Seventh Street, San Francisco, two arguments will be heard. The court has scheduled one hour of arguments for Hepting v. AT&T, and 40 minutes for Al-Haramain Islamic Foundation v. Bush. Both are the last defense our Constitution before it becomes meaningless. What is at stake is this timeless question: does our government exist for the benefit of its people,…. or do our people exist to benefit the state…….

Serious stuff. The government’s defense is that due to the material being secretive, both cases should be thrown out. This will be the exact opposite and counteract the 218 years of tradition, that if the search and seizure procedure was not obtained under a legal warrant, then all evidence illegally acquired should be thrown out.

Interpretation:

The Constitution under Article II gives the Executive Branch almost unlimited power to do whatever it deems is necessary to protect the entity of the United States of America. But the Bill of Rights, sponsored by George Mason, were all intended to amend the Constitution, in order to ensure that our government did not overstep its bounds and force itself on the daily private lives of its citizens.

The arguments at stake, come down to this: which part of the Constitution trumps the other part? The main body or the Amendments. By the nature of its definition and historical precedent, the very nature of the amendments is to change or modify the meaning of the body of the Constitution. The amendments trump the body.

The result of using logic diagrams to figure out the proper verbiage or core interpretation of the law, gives us this nugget.

The Executive Branch can do whatever it needs to do to protect the United States, as long as it does not affect the rights of individual American citizens.

Failure to do otherwise can have catastrophic consequences for individual hard working Americans.

If ones employer is surreptitiously slipped some information about ones work habits, to pressure or discredit that said individual, it matters little whether that information is truthful or erroneous, for just having it come from the Federal government, gives it some credibility among most Americans. And if any attempt is made to defend oneself, because it was done in secret, one can offer no physical proof that it ever occurred at all.

And the second case before the court, is just one such an example of this type of occurrence. In a fact finding discovery the defense was actually handed a book with all the wiretap information gleaned from the government’s illegal wiretaps. Under a subsequent court order, they were ordered to give it back, after the government sheepishly realized it had handed over illegal evidence. That dossier was an illegally acquired document at that time. Now it would be quite legal.

Here is the real issue, according to the EFF: the real soldiers in the war on terror.

“At issue here is whether the courts have any meaningful role to play in protecting Americans’ privacy from Executive branch abuses of its surveillance powers,” said EFF Legal Director Cindy Cohn. “If the claim of ‘state secrets’ is allowed to shut down litigation, then the courts will never be able to exercise their Constitutional duty to hold the White House accountable for illegal and even unconstitutional abuses of power.”

This is going all the way to the supreme court. Seeing how this Bill was railroaded through Congress without even being read in full, one wonders if this anticipated challenge to the NSA occurring tomorrow in the courts of San Francisco, was one of the underlying reasons its previous attorneys got fired?

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