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I dunno---

Posted by TOm on 10/4/2005, 17:14:50, in reply to "Tom ..I have some Homeland security vs the Constitution questions Please"
and me without my pocket Constitution.

All of the Constitution is not black and white, but some of it is distinctly black and white. "The writ of habeaus corpus shall not be suspended" is perfectly clear---
okay, so
The preamble to the Constituion is just that, it is an introduction and as such does not bear the weight of law that they articles and amendments do. So I do not believe that the preamble needs to be reconciled with the articles and amendments..however..even if it did and you desired to provide for the common defense there is no absolution in the Constituion for itself as it refers to providing for the common defense. In other words, an amendment or article does not get vacated just because you are providing for the common defense.

Following that arguement, I would not support violation of the IV or any other amendment in support of the common defense. This is where I think it is pretty black and white--the Founders did not write a plan for the United States, they wrote a set of parameters--people could do anything they wanted within those parameters. I believe that the parameters were largely set to ensure against human foibles to which they had been party/victim--greed, avarice, cowardice, pride. And numbers do not matter. The COnstitution does not guarantee you safety. Now, a slight digression, note the Presidential oath in Article II (and the oath of military Officers) "...will to the best of my ability preserve, protect and Defend the Constitution of the United States" It does not say defend the UNited States and I believe that is the critical litmus test of any federal activity--in cases of doubt or where the potential for subverting the Constitution exist, action should be postponed until the conflict is cleared.

I believe that we are materially in violation of the IV, V, VI, and VIII amendments and Article 1 Section 9 Clause 2 (Habeas Corpus) and guilty of several excesses with regard to both Article I and II. Not all of these have exclusively to do with the PA. Now, here is an interesting thing, I challenge any of you to find where the Constitution is prejudical to United States citizens---I haven't been able to find it--it is not how the government deals with its citizens the Constitution lays out how the government is suppose to function with regard to all people.

I think that the moment you find a way around the law you begin to degrade the very intent of the Constitution and the stated intent of the Founders to create a Nation of Laws. I believe that they expected us to hold our actions to the most stringent of interpretations of the COnstition....because what they did to create this nation far exceeds any risk that we will every have to take to sustain this Nation.


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