I just thought of something (re: warrantless wiretaps)

[MissMillie]

The argument that the White House and the freepers like to give in defense of this program is that as Commander-in-Chief, Bush's power to wiretap Americans on American soil is inherent, especially during wartime.

However, there is the fourth amendment which is pretty specific about a person's right to be secure in his/her person and effects, etc.

There's another amendment that specifically mentions that no soldier "shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."

Which apparently would indicate that even during a time of war, laws made by the legislative branch can indeed usurp the "inherent" power of the Commander-in-Chief..... right?

This being "a time of war" hardly seems an excuse to give the President a blank check to completely ignore the Bill of Rights w/o some check from the legislative branch... right?

[RC]

1. Another Good Thread sinking like a rock.

I agree with you. This country needs a good dose of smelling salts.

[MissMillie]

4. thanks... I was hoping someone would notice

I just sort of came up w/ that find today, and with the Libby testimony being such a big story, I thought maybe my legal analysis (as humble as it is) would go completely missed.

[CornField]

2. Yes, that's exactly what it means

I don't know if much of America will stand up and take notice however... which is probably even more sad than domestic spying.

[helderheid]

3. excellent K & R!