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RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:40:37 AM   
farglebargle


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quote:

ORIGINAL: lockedaway

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.



1. Define ANY.
2. Define PERSON.

In the relevant sentence of the 14th Amendment, it doesn't say "CITIZENS GET EQUAL PROTECTION", does it?

Nope. It says "ANY PERSON".

Why do you think they used CITIZEN in the sentence prior, but "ANY PERSON" specifically in the one in question?

They MEANT "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

(in reply to lockedaway)
Profile   Post #: 61
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:41:47 AM   
farglebargle


Posts: 10715
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From: Albany, NY
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quote:

extra-jurisdictional


Whose Jurisdiction IS IT?



_____________________________

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 #: 62
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:43:06 AM   
Eric15237


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YUou seem to be quite fixated on your constitutional argument. You are aware that the US Supreme Court doesn't agree with you?

This has been fun, but gratis education of the immature, naive and unread really isn't my chore. Best of luck. PLease do review the meaning of troglodyte. I'm quite sure you'll find your picture there beside it.

(in reply to farglebargle)
Profile   Post #: 63
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:43:57 AM   
farglebargle


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

YUou seem to be quite fixated on your constitutional argument. You are aware that the US Supreme Court doesn't agree with you?


I haven't paid attention to their antics since the Dredd Scott decision.



_____________________________

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 #: 64
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:45:10 AM   
farglebargle


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

quote:

ORIGINAL: Eric15237

This has been fun, but gratis education of the immature, naive and unread really isn't my chore. Best of luck. PLease do review the meaning of troglodyte. I'm quite sure you'll find your picture there beside it.



From someone unable to define "ANY" and "PERSON".

Hi-Larious!



_____________________________

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 #: 65
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:47:59 AM   
lockedaway


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See what I mean about being overly generous to call Fargle an "academic"?  Fargle, re-read posts 32 and  38.  The exclusionary language or, if you prefer, the language that is specific to U.S. citizens, does not have to be repeated througout although I realize that redundancy probably helps with your rentention.  You are wrong about EVERYTHING you have posted in this thread.  Archer and Eric called you to task with more eloquence than I, but lolololol I did too.

(in reply to farglebargle)
Profile   Post #: 66
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 8:58:48 AM   
farglebargle


Posts: 10715
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From: Albany, NY
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quote:

ORIGINAL: lockedaway
The exclusionary language or, if you prefer, the language that is specific to U.S. citizens


You mean the word CITIZEN in the first sentence of the 14th Amendment?

The SECOND SENTENCE is where the words "ANY PERSON" are used.

For a reason. They mean what they wrote.

First sentence defines WHO a Citizen is.

The Second Sentence describes WHO gets Equal Protection ( ANY PERSON ).

That's what the "Period" is for. To separate the independent ideas and expressions of those ideas.

We covered all this back in the 1st grade, I recall.

_____________________________

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 #: 67
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:18:12 AM   
luckydog1


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Farg, "any state"  no state is trying Suspected terrorists in Gitmo.  It is interesting, so you now alledge that any time the word "state" is used in the constitution it can mean federal Government.  That brings an interesting meaning to the 10th amendment doesn't it.  

Lets make that substitution,  "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the Federal Government respectively, or to the people.  Is that what you are saying it acutally means?

(in reply to LadyEllen)
Profile   Post #: 68
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:21:04 AM   
lockedaway


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I guess you need to go back to the 1st grade then, genius.  Dude, you are really pathetic.  I will not diagram the Constitution for you further.  Suffice it to say that it doesn't mean what you think. 

Ok...the first sentence is "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."  Fine, that defines what a citizen is.  Then with respect to how a state can treat a citizen with respect to their privileges and immunities, or any person with respect to life, liberty or property, it says  "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."  Got it?  Do you FINALLY understand?  Or are you still mystified?  The second sentence applies to how states can treat citizens or any person for that matter.  OK???????????????????????????????????????????????????????  That DOES NOT apply to detainees suspected of terrorism.  This lesson ended long ago.  Archer knows it...far better than YOU judging by his posts.  Eric knows it too.  Now go clean the fucking erasers and go home.


(in reply to farglebargle)
Profile   Post #: 69
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:21:25 AM   
Real0ne


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quote:

ORIGINAL: farglebargle

Looks like all that legislation rubber stamped by the Loyal Bushies is going to just get un-done.




yeh ever notice that when there is a regime change that they spend all their time undoing all the buullshit that the previous regime did?    Well except for the things that fuck us up the worst, like patriot, spying on us, amero, nafta etc etc that will all stay in while the attention is drawn to the fluff.


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to farglebargle)
Profile   Post #: 70
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:33:40 AM   
nighthawk3569


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quote:

ORIGINAL: farglebargle

Anyone who doesn't have a political agenda to continue the torture of people who are likely innocent ( without a Habeas Corpus hearing, they get the benefit of the doubt ), understands that since the Amendment makes the act of depriving due process Unconstitutional, it applies to the ENTIRE NATION.

In simpler terms, under the Law, the United States is a State, also.

Remember, it's:

THE PEOPLE

THE GREAT STATE OF NEW YORK

THE FEDERAL GOVERNMENT

The idea that the Federal Government can enjoy a privilege prohibited to a SUPERIOR ENTITY is laughable.

HA HA!

Again, we run into the basic Hamiltonian Flaw. They just aren't able to clearly read the words carefully selected for their exact meaning.

There IS NO INTERPRETATION OF THE CONSTITUTION NECESSARY. It says EXACTLY what it means.

( in other words, "What part of 'Shall Not Be Infringed' is unclear to your kind of people" )

Let me try another tack....

WHERE IS THE AUTHORITY TO TORTURE PEOPLE DELEGATED BY THE PEOPLE TO THE FEDERAL GOVERNMENT IN ANY CONSTITUTIONAL CLAUSE OR AMENDMENT?

If you cannot point to it, then the privilege does not exist.




   Let's apply that same 'no interpretation of the Constituation (and amendments thereto) necessary' to the 2nd Amendment...as well as the 14th Amendment.
 
                                                                   'hawk


(in reply to farglebargle)
Profile   Post #: 71
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:35:07 AM   
Real0ne


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Blacks law dictionary (sixth edition)

5. The United States of America are a corporation endowed with the capacity to sue and be sued, to convey and receive property. 1 Marsh. Dec. 177, 181. But it is proper to observe that no suit can be brought against the United States without authority of law.

6. The states, individually, retain all the powers which they possessed at the formation of the constitution, and which have not been given to congress. (q. v.)




_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to Real0ne)
Profile   Post #: 72
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:37:20 AM   
nighthawk3569


Posts: 283
Joined: 6/22/2005
Status: offline
quote:

ORIGINAL: popeye1250

Whatever happened to killing all al qeada on site?
You can't ever let them go!
[/quote]

   Don't happen to have an extra M-60, do you?

                                                           'hawk 

(in reply to popeye1250)
Profile   Post #: 73
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:50:14 AM   
farglebargle


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

quote:

ORIGINAL: luckydog1

Farg, "any state" no state is trying Suspected terrorists in Gitmo. It is interesting, so you now alledge that any time the word "state" is used in the constitution it can mean federal Government. That brings an interesting meaning to the 10th amendment doesn't it.

Lets make that substitution, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the Federal Government respectively, or to the people. Is that what you are saying it acutally means?


No. The point is that even though the Federal Government is the one to POINT OUT to the States an effect of the Declaration of Independence ( Namely that ALL Men are created equal and endowed by their CREATOR with Inalienable Rights ) that doesn't permit the Federal Government to do that which is prohibited by the Declaration of Independence.

If something is prohibited to A STATE due to it's incompatibility with the Declaration of Independence, it is also prohibited to any CREATION OF THOSE STATES, in this case, the Federal Government.

In that context, the 14th Amendment uses STATE and GOVERNMENT as synonyms. Not STATE GOVERNMENT. But ANY GOVERNMENT ( Sovereign Nation-State I suppose, in the terms of International Law ).

That is the paradox of life after Lincoln, isn't it?



_____________________________

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 luckydog1)
Profile   Post #: 74
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:52:52 AM   
farglebargle


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

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;

nor shall any state deprive any person of life, liberty, or property, without due process of law;

nor deny to any person within its jurisdiction the equal protection of the laws.


Why is the word CITIZEN used in the first clause and ANY PERSON used in the second AND third clauses?





_____________________________

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 #: 75
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:54:23 AM   
farglebargle


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


Let's apply that same 'no interpretation of the Constituation (and amendments thereto) necessary' to the 2nd Amendment...as well as the 14th Amendment.

'hawk


Can I get a "FUCKING A-MEN!", Brothers and Sisters!!!

"What part of "Shall Not Be Infringed" isn't clear???"


_____________________________

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 nighthawk3569)
Profile   Post #: 76
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:56:27 AM   
Real0ne


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quote:

ORIGINAL: farglebargle

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...





we have been told by the news and gov that we are at war so many times that we actually think we are at war and that war rules apply when i do not remember there ever being a formal declaration of war does anyone else remember one?


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to farglebargle)
Profile   Post #: 77
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:56:56 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline
Semicolon: "It is used as a stronger division than a comma, or a "super comma," to make meaning clear in a sentence where commas are already being used for other purposes. A common example of this use is to separate the items of a list when some of the items themselves contain commas."

Get it? Geez. MAYBE this level of punctuation was covered in 3rd Grade?



_____________________________

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 #: 78
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 9:59:30 AM   
farglebargle


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



we have been told by the news and gov that we are at war so many times that we actually think we are at war and that war rules apply when i do not remember there ever being a formal declaration of war does anyone else remember one?



Closest you get is the AUMF-Iraq, which was to "defend the national security of the United States against the continuing threat posed by Iraq; and enforce all relevant United Nations Security Council Resolutions regarding Iraq."

Which, well... The word "Fraud" comes to mind...



_____________________________

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 Real0ne)
Profile   Post #: 79
RE: "Senators vow to restore rights to detainees&q... - 4/28/2007 11:16:38 AM   
Archer


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The law is quite specific in the fact that person's captured in a military action are not "Crimminals" in the normal sense of the word they might also be criminals but they are military prisoners first and formost.
They could be tried for criminal acts should the Federal government or some other body bring formal charges.
However the case as it stands is relatively simple combatats legal or illegal are not afforded the same constitutional rights, their captivity is not connected to legal wrong doing it is connected to combat declared war or not combatants captured are subject to Geniva Convention articles, the hearing before a military tribunal to determine if they are legal combatants, illegal combatants, or non combatants, is the only US court matter thus far applied to them, now should the US decide to prosecute them for criminal acts (closest parallel being Piracy) then the rights afforded anyone in our civilian courts would apply.
Unless and until criminal charges are filed they are combat prisoners, not criminal prisoners, an important distinction.

(in reply to farglebargle)
Profile   Post #: 80
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