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RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:02:05 AM   
farglebargle


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No, it doesn't say the Constitution applies to frenchmen.

It's because, THE CONSTITUTION ***ONLY*** APPLIES TO THE ***FEDERAL GOVERNMENT***

The Constitution says ONLY WHAT THE FEDERAL GOVERNMENT ***CAN*** LAWFULLY DO.

If it is not EXPLICITLY DELEGATED, then it is via the 9th and 10th Amendments RESERVED TO THE PEOPLE.

Now, if you wanna discuss The Rights of THE PEOPLE, ( and CITIZEN is not a synonym for PEOPLE, is it? ) then you need to look at the DECLARATION OF INDEPENDENCE.

quote:


When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.


Is "ALL MEN ARE CREATED EQUAL" unclear in any way?

Dude, if you CAN get anyone to toss you ANY money with THAT understanding of Freedom and Liberty, soak the sucker for all you can get.



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to lockedaway)
Profile   Post #: 41
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:09:17 AM   
lockedaway


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LOLOLOL were you not the one citing the 14 Amendment?  You are WRONG in your arguments.  Don't you have anything better to do with your time?  Eric just schooled you but you cannot learn.

(in reply to farglebargle)
Profile   Post #: 42
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:10:08 AM   
Eric15237


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Please try again.

Assuming you do read and write the english language, please review the question again as your answer is incorrect as stated and non-responsive. Both sects have that belief, can you tell us what the salient differences are, please? If you're really after big game, try explaining to us why even the UN understands that Iran must never obtain "the bomb."

(in reply to farglebargle)
Profile   Post #: 43
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:10:40 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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Your opinion has been noted with all the attention it is due.

Thank you for contributing.

What does the word "ANY" mean?
What does the word "PERSON" mean?


_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to lockedaway)
Profile   Post #: 44
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:12:26 AM   
Archer


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The Constitutionality of the detetion hinges on the idea that this is war as opposed to law enforcement.
They were not arrested for a crime they were captured on a battlefield.
I agreed with the Padilla ruling since he was arrested by law enforcement and was a US citizen.
I agree with the Gitmo detentions (as far as logic and legality goes) based on the fact that these detainees were captured by the military and since it was during a military action they are not "under arrest" and thus have only the right to plea their case of not being a combatant to a military court.
If they were captured during combat and the combatant status is challenged and won by the detainee then they should be released.
If on the other hand they were captured during combat and their status hearing confirms they were a combatant (unlawfull combatant) then they are right where they need to be.

That being said they (The Bush Administration) have certainly dragged their feet in conviening the hearings where the detainees get to challenge their status as a combatant. And this in and of itself gives me troubles. Those hearings should have been held ASAP to confirm one way or the other the status Illegal Combatant/ Non Combatant/ Legal Combatant, after which the rights and privledges given them according to their status.

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Profile   Post #: 45
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:14:51 AM   
Eric15237


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UM, have you had your vision checked, or are you becoming unhinged as you are losing the debate. Either way, the answer follows the question immediately. If your intent was to take a jab at my scholarship becasue I have not translated from an original script, please realize that it would make scholarship if an understanding of the world could only begin from a complete translation of all the original texts.

You are really quite toglodyte in your world view, or weltanshaung if you prefer.

(in reply to farglebargle)
Profile   Post #: 46
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:16:05 AM   
farglebargle


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quote:

the fact that these detainees were captured by the military and since it was during a military action they are not "under arrest" and thus have only the right to plea their case of not being a combatant to a military court.


I would suggest that that privilege isn't extended to the Government UNLESS we are really At War, and without a Congressional Declaration, we just aren't there.

You would have a point, perhaps, IF Bush didn't try to do this on the d/l, and skimp.

IF he had gone before Congress, ASKED for a Declaration of War, and got it, he could have drafted a million troops to go in a do Iraq correctly, AND then they would have the extra-judicial authority.

But Bush tried to get away without crossing all the ts and dotting the is.

And I'm not necessarily against a Military Court, if it affords the usual raft of guarantees. Habeas, Counsel, Due Process, etc...



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to Archer)
Profile   Post #: 47
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:17:51 AM   
farglebargle


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Joined: 6/15/2005
From: Albany, NY
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quote:

ORIGINAL: Eric15237

UM, have you had your vision checked, or are you becoming unhinged as you are losing the debate. Either way, the answer follows the question immediately. If your intent was to take a jab at my scholarship becasue I have not translated from an original script, please realize that it would make scholarship if an understanding of the world could only begin from a complete translation of all the original texts.

You are really quite toglodyte in your world view, or weltanshaung if you prefer.



Unless you do your own translation, how could you know what it says?

All you can possibly know is what some random third-party TELLS YOU it says.

They surely have their own agenda.


_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to Eric15237)
Profile   Post #: 48
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:18:43 AM   
lockedaway


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Did you ever notice how Fargle signs his posts?  This is his signature:

"It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show."

The above quote is what Fargle argues for.  The above quote is what Fargle wants to sit back and see.  Fargle argued about constitutional rights and for whom they apply and he got nailed.  So what does he do?  He says "oh no...I was referring to the Declaration of Independence."  Very dishonest.  Fargle wants to argue against his country.  Fargle want to argue against what is in the best interests of his country.  The Constitution set forth the duties of the government, does it not?  Who does the government owe those duties to?  American citizens.  So now Fargle wants to say that terrorists get to rely on our Declaration of Independence.  Disgusting.  Vile.  Pernicious.

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Profile   Post #: 49
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:21:52 AM   
Eric15237


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I think you've got it mostly right (IMHO). However, I don't think it's accurate to say the Bush Administration has dragged their feet. If you look at the process and heartings to date, it's the many challenges to the detention in the first place and challenges about jurisdiction that has kept the military lawyers at work rather than any deliberate delay.

I'm unsure that we are required to provide unlimited numbers of military attorneys, judges and courts to rapidly process those at Guantanmo. There is no relevant language for "right to a sppedy trial" in these extra-jurisdictional matters.



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RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:22:56 AM   
lockedaway


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I agree with you!  I agree with everything in your post, in fact.  The problem is whether we are ready to present our case and if we are not then motions need to be filed to get an extension of time. 

(in reply to Archer)
Profile   Post #: 51
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:25:35 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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quote:

ORIGINAL: lockedaway

Did you ever notice how Fargle signs his posts? This is his signature:

"It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show."

The above quote is what Fargle argues for. The above quote is what Fargle wants to sit back and see. Fargle argued about constitutional rights and for whom they apply and he got nailed. So what does he do? He says "oh no...I was referring to the Declaration of Independence." Very dishonest. Fargle wants to argue against his country. Fargle want to argue against what is in the best interests of his country. The Constitution set forth the duties of the government, does it not? Who does the government owe those duties to? American citizens. So now Fargle wants to say that terrorists get to rely on our Declaration of Independence. Disgusting. Vile. Pernicious.


1. Define "ANY"
2. Define "PERSON"

Do you think the opinion of someone who cannot define those 2 words is important to ANYONE here?



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

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Profile   Post #: 52
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:26:56 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline

quote:

ORIGINAL: Eric15237

I think you've got it mostly right (IMHO). However, I don't think it's accurate to say the Bush Administration has dragged their feet. If you look at the process and heartings to date, it's the many challenges to the detention in the first place and challenges about jurisdiction that has kept the military lawyers at work rather than any deliberate delay.

I'm unsure that we are required to provide unlimited numbers of military attorneys, judges and courts to rapidly process those at Guantanmo. There is no relevant language for "right to a sppedy trial" in these extra-jurisdictional matters.






In New York, you're arraigned within 72 hours. You can do a habeas motion in less time, but it's hardly worth the effort.

If a PERSON in New York gets a speedy trial, why shouldn't ANY PERSON?



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

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Profile   Post #: 53
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:28:58 AM   
Eric15237


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You are an academic nincompoop. There are literally thousands of translations of all the important documents. They are reviewed before published and dishonest scholarship is usually discovered sooner or later. There is, what we call in english, a consensus view, which affords some lattitude for nuance, but not a complete misunderstanding of a text to exist. I'm quite certain you haven't looked up troglodayte yet, you're too busy making vague circular references and hoping someone gets it, lmao.
From a practical matter, you have incompetently reviewed and misconstrued the meaning of the US Constitution, Bill of Rights and The Declaration of our Independence. Would you review the education (other than your own somewhat meglomaniacal insights, "I'm right because I say so (says you) ) , please?

(in reply to farglebargle)
Profile   Post #: 54
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:32:15 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline
There is nothing circular to :

The Magna Carta -> The Declaration of Independence -> State Constitutions -> Articles of Confederation -> Current US Constitution as Amended.

If that looks like a circle to you, it explains a lot.

WE call it a "LINE".



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

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Profile   Post #: 55
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:34:40 AM   
lockedaway


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Eric, you are being overly generous in calling him academic.  "In New York, every one gets a speedy trial".  Did you read that?  lololol  Everyone gets a speedy trial in every State. 

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Profile   Post #: 56
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:35:02 AM   
Eric15237


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Sheesh, it couldn't be because they 1.  Weren't arrested.      2. They weren't arrested in New York. 3.They aren't charged with a domestic crime 4. They are not subject to New York jurisdiction and the rules of criminal procedure in and for the State of New York have nothing to do with it. The 14th Amendment does not apply as this situation does not meet the  "place of celebration" rule nor the "adjudication" rule. Is there anything else I can do for you. Crikees. Vast and profound ignorance revealed here. Get it while it's hot, lmao


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Profile   Post #: 57
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:37:28 AM   
lockedaway


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You are boring.  You know that?  Different crime, different jurisdication, different venue, different tribunal, etc.  You want suspected terrorists to be treated as American citizens.  That says a great many horrible things about you. 

(in reply to farglebargle)
Profile   Post #: 58
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:37:47 AM   
Eric15237


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Sarcasm, lol.

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Profile   Post #: 59
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:38:58 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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quote:

ORIGINAL: lockedaway

Eric, you are being overly generous in calling him academic. "In New York, every one gets a speedy trial". Did you read that? lololol Everyone gets a speedy trial in every State.


I am unfamiliar with the guidelines for arraignment in other states. Being a native New Yorker, I used the example I knew. The point still stands.

1. Define "ANY"
2. Define "PERSON"
3. If a PERSON in New York NEEDS TO BE arraigned in 72 hours, why isn't ANY PERSON subject to equal protection.


_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to lockedaway)
Profile   Post #: 60
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