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It is also true that waterboarding is torture. Truth got in the way of what Resident Bush's regime wanted to do?

And that's precisely why the Bush administration argued that a legal basis for this treatment existed because the individuals against whom it was used fell under the category of "unlawful combatants" and thus were not afforded the protections provided by the Geneva Conventions. Note that even where the Bush administration intended to break the spirit of the law, they were forced to find a basis for their actions in the word of the law. This shows how having a law that is independent of the political process it regulates constrains action.

The point being that if there was a constitutional provision to ban organizations that employ political violence or the threat of it, groups like the teabaggers wouldn't have Republican congressperson speaking at their rallies.  They would be marginalized.  

And I'll give my consent to any government that does not deny a man a living wage-Billy Bragg

by ManfromMiddletown (manfrommiddletown at lycos dot com) on Mon Mar 22nd, 2010 at 11:21:30 AM EST
[ Parent ]
Not only is there no constitutional provision to ban violence, but violence is supposedly a patriotic right and duty against an evil and tyrannical etc etc etc government.

Tea bagger knuckle-draggers can persuade themselves that shooting the Pres is a patriotic thing to do.

It's really a constitutional issue - the constitution explicitly frames violence as a legitimate tool of policy.

This is one of the key differences between the US and Europe. I don't think Lisbon, for all of its flaws, suggests that armed overthrow of Brussels is in any way a good potential plan.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Mon Mar 22nd, 2010 at 01:24:57 PM EST
[ Parent ]
This shows how having a law that is independent of the political process it regulates constrains action.

How has the MCA to remove jurisdiction to military tribunal, circumscribe civil litigation, and define  "enhanced interrogation techniques" constrained lawful treatment of persons ("alien unpriviledged belligerents") in US custody, actually?

Diversity is the key to economic and political evolution.

by Cat on Mon Mar 22nd, 2010 at 05:44:31 PM EST
[ Parent ]
... to actually find a basis for their actions in the word of the law, they were only forced to go through the motions of pretending to find a basis for their actions in the word of the law.

Why would there be any doubt that if the hypothetical constitutional provision existed, they would have used it as an enemies list? Remember that they added, for example, green activists and advocates of non-violence on terrorist watchlists after 9-11.

I've been accused of being a Marxist, yet while Harpo's my favourite, it's Groucho I'm always quoting. Odd, that.

by BruceMcF (agila61 at netscape dot net) on Mon Mar 22nd, 2010 at 05:59:56 PM EST
[ Parent ]
Free speech is, but inciting to riot, or riot itself, are not permitted actions.

"advocacy of violent overthrow of the government" is a good phrase to google.

From Yates:

    "[T]hat indoctrination of a group in preparation for future violent action, as well as exhortation to immediate action, by advocacy found to be directed to "action for the accomplishment" of forcible overthrow, [directed] to violence "as a rule or principle of action," and employing "language of incitement," ... is not constitutionally protected when the group is of sufficient size and cohesiveness, is sufficiently oriented towards action, and other circumstances are such as reasonably to justify apprehension that action will occur. (p. 321)"

http://www.answers.com/topic/yates-v-united-states

Align culture with our nature.

by ormondotvos (ormond no spam lmi net no spam) on Wed Mar 31st, 2010 at 07:35:20 PM EST
[ Parent ]

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