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郭国汀律师专栏
·文字狱与极权专制体制
·暴政与人种的优劣/新南郭
·虚伪是极权专制的必然付产品
·极权专制政体与思想家
·最暴虐无道的政府!/南郭
·郭国汀:歌功颂德或批评批判?
·判断一个政权合法性的公认标准
·判断政府合法性的普世公认标准 郭国汀
·中国律师理所应当关心政治 郭国汀
·政治体制的根本问题
·中国的前途在于专制改良还是政治民主革命?
·西方现代政治民主的基本要件
·郭国汀: 政府无权杀人!
·政府绝对无权武力镇压(屠杀)和平集会示威游行或罢工的公民
·国民有权推翻暴力镇压(屠杀)和平抗议民众的任何政府
·中国历史上不存在极权
·民主政治的终极目标是自由——答尼采黄昏君的质疑/南郭
·极权专制独裁者与知识分子
·与网友谈论民主政治与政权合法性
·政府不得滥杀和平请愿公民的最新国际公约
·中共极权专制暴政祸国殃民绝对乏善可陈
·郭律师评价中国律师诉讼及司法体制现状
***(40)宪政研究
·什么是宪政?
·什么是共和?
·宪政的实质
·分權制衡理論的历史淵源
·中国自由文化运动与宪政研究
·The Arguments For and Against the Notwithstanding Clause
·Freedom is not free but it is costly
·宪法改革的设想 南郭提要
·联邦共和民主宪政体制是美国经久强盛不衰的原因
·党化党控教育是中共祸国殃民的一大罪恶
·立宪时代的法政哲学思考提要
·有限政府与法治宪政
·联邦主义要旨
·It’s Not Patriotic to Violate the Constitution
·An Imperial Presidency Based on Constitutional Quicksand
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
·美国宪政民主的基本要素
· 政治民主机制的最新发展--监督民主
· 序《民主导论》
·民主的真实含义
·自由宪政民主政治的七项实质要件
·民主的实质
·谁是真正的人类政治民主之父?
·民主就是[山头林立]?!
·共和比民主更为根本
·共和民主宪政要旨
·什么是联邦主义民主宪政?
·我的民主朝圣之旅
·民主的灯塔永放光茫
·古希腊雅典民主政体
·伯拉图亚里士多德论古希腊民主体制
·伯拉图论共产主义
***(39)法治研究
·法治论/郭国汀
·自然法原理
·法律的定义
·法律的本质与精神
·什么是法治?
·法治的基本原则
·法治的目的
·法治与民主的前提与条件
·法治的起源与历史
·开明专制与法治--极权流氓暴政下决无法治生存的余地
·法治的基石和实质
·法治的精神
·法治余论
·一篇值得推介的法治论文杰作/郭国汀
·Judicial Independence and Canadian Judges
***(37)自由研究
***表达自由新闻与出版自由
·当代自由主义的基本特征
·只有新闻自由能治官员腐败之顽症
·郭国汀 唯有思想言论舆论新闻出版结社教育讲学演讲的真正自由才能救中国!
·中国争人权、言论表达自由权的先驱者与英雄名录
·中国政治言论自由的真实现状-我的亲身经历(英文)
·郭国汀论政治言论自由:限制与煽动罪(英文)
·郭国汀论出版自由——声援支持《民间》及主编翟明磊
·郭国汀 美國言論自由发展簡史 [1]
·美国的学述自由:Academic Freedom in the USA
·祝愿祖国早日实现真正的自由!新年祝福
·向中国良知记者致敬!
·丹麥主流社會召開中國言論自由研討會
·中共倒行逆施,严控国际媒体报导中国新闻
·关于思想自由与中律网友的对话 /南郭
·性、言论自由、自由战士
·性、言论自由,自由战士与中律网友们的讨论/南郭
·自由之我见
·不自由勿宁死!
·自由万岁!----我为“新青年学会四君子”及“不锈钢老鼠”辩护
·真正的民主自由政体是中国唯一的选择
·自由万岁!新年好!
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It’s Not Patriotic to Violate the Constitution

It’s Not Patriotic to Violate the Constitution
   by Walter Brasch note by Thomasgguo
   www.dissidentvoice.org
   May 23, 2005
   If politics makes strange bedfellows, then I’m at least fluffing(to do something badly or unsuccessfully) Bob Barr’s pillows.
   
   Bob Barr?! The far-right self-righteous congressman who led what much of a nation saw as a vindictive(extremely unwilling to forgive) impeachment of Bill Clinton? The NRA board of directors member who believes the Second Amendment is the one that guarantees the protection of all the other amendments? The man who proposed eliminating federal funding to PBS and eliminate the National Endowment for the Arts? The author of the Defense of Marriage Act, which defines marriage as between a man and a woman -- and yet may have committed adultery with his future third wife while married to his second wife. The vigorous opponent of pro-choice, who supported his second wife’s abortion? The “family values” proponent who was photographed at what passed as a charity event licking whipped cream off the breasts of two women?
   Yes, that Bob Barr.
   But, he’s also the Bob Barr who has spoken out against the neo-conservative movement for its super-patriotic suppression of dissent, rising beliefs in a “tax-and-spend” bureaucracy, and unqualified support of the PATRIOT Act.
   Six weeks after 9/11, about 85 percent of the House of Representatives, including Bob Barr, and all but one Senator, voted for the USA PATRIOT Act, a cutesy acronym(a word made up froom the first letters of the name of something) for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. The Act was developed in secret by the Department of Justice, and pushed upon a shell-shocked Congress, most of whom had less than a day to read any of the 342-page document; most didn’t read any of it. Prior to its passage, a few members of Congress spoke out against the Act, charging that it was developed in haste, and there were Constitutional issues that were swept aside by the Bush Administration and its Department of Justice.
   But most of Congress voted for it because they wanted America to be free -- and the President was flexing his political muscle following the murders of more than 3,000 Americans. Most Americans, with almost no information to the contrary from talk shows or the news media, believed the PATRIOT Act was necessary and vital to securing our freedom.
   But, the results of the Bush Administration’s use of the PATRIOT Act and other measures to track down and capture terrorists have been almost non-existent, and its impact upon Americans’ Constitutional rights has been severe. And so Bob Barr is on a nation-wide speaking tour, sponsored by the American Civil Liberties Union (www.ACLU.org) -- yes, that civil liberties union -- to let Americans know that the PATRIOT Act, while it has many provisions to strengthen America’s defense, most of them in place long before 9/11, also has several odious(hateful; very unpleasant) sections that threaten Constitutional protections. With conviction honed(to sharpen knives, swards,etc) by seven years as a CIA lawyer and analyst, four years as U.S. Attorney, and eight years as a congressman, most of that time spent on the Judiciary Committee, Barr has the credibility to go against the Bush Administration and any of its supporters. “More than any foreign terrorist group,” Barr tells his audiences, “provisions of the PATRIOT Act are the greatest threat to America and to American citizens.” Barr has created Patriots to Restore Checks and Balances (www.checksbalances.org) to energize(to give energy to) the public against the PATRIOT Act and the Bush Administration’s misguided belief that it is possible to sacrifice civil liberties to guarantee national security.
   What many saw as necessary is now being seen as violating six Constitutional amendments:
   ● the First Amendment -- freedom of religion, speech, press, and assembly, and the right to petition the government for a redress(to put right a injustice; compensation) of grievances.
   ● the Fourth Amendment -- freedom from unreasonable searches (the so-called “right to privacy” amendment.)
   ● the Fifth Amendment -- right against self-incrimination and due process.
   ● the Sixth Amendment -- due process, the right to counsel, a speedy trial, and the right to a fair and public trial by an impartial jury.
   ● the Eighth Amendment -- reasonable bail and freedom from cruel and unusual punishment.
   ● the Fourteenth Amendment -- equal protection guarantee for both citizens and non-citizens.
   What the Bush Administration has done to American citizens and non-combatants following 9/11 also violates Article I, Section 9 of the Constitution which guarantees the right to petition the courts to issue a writ of habeas corpus to require the government to produce a prisoner or suspect in order to determine the legality of the detention. Only Congress may order a suspension of the right of the writ, and then only in “Cases of Rebellion or Invasion.” Congress did not act to suspend this right; nothing during or subsequent to the 9/11 attack indicated either a rebellion or invasion under terms of the Constitution.
   Several federal courts and two major Supreme Court decisions in the past year have dealt blows to the Administration’s persistence in defending the PATRIOT Act. And yet the Bush Administration continues to build its bulwarks(a strong wall built for defence), and gather and use its manifest power to look for ways to subvert the Courts, one of the checks against unlimited executive branch power.
   As a last-ditch effort to restrain some of the PATRIOT Act before its overwhelming passage, Congress inserted a sunset provision for 16 sections. Unless Congress acts to suspend the sunset provision, those sections, representing some of the most controversial and odious parts of the Act, will expire at the end of this year. President Bush and the Department of Justice are resolute that not only should those sections remain, but are pushing for even more restrictions.
   Among the organizations that have been forceful in their attacks upon the PATRIOT Act have been the ACLU, American Bar Association (www.abanet.org), American Booksellers Association (www.bookweb.org), American Library Association (www.ala.org), Association of American Publishers (www.publishers.org), Bill of Rights Defense Committee (www.bordc.org),Center for Constitutional Rights (www.ccr-ny.org), Electronic Frontier Foundation (www.eff.org), Electronic Privacy Information Center (www.epic.org), Free Expression Policy Project (www.fepproject.org), and People for the American Way (www.pfaw.org).
   Among conservatives who oppose the PATRIOT Act are former House Speaker Newt Gingrich (R-Ga.), former House Majority Leader Dick Armey (R. Texas), and Reps. James Sensenbrenner (R-Wisc., chair of the House Judiciary committee), and C.L. Otter (R-Idaho). Among conservative organizations that oppose the PATRIOT Act are American Conservative Union (www.conservative.org), Free Congress Foundation (www.freecongress.org), and the Second Amendment Foundation (www.saf.org).
   Bob Barr’s political philosophy has holes in it. But, he isn’t the ogre(a frightening person ) portrayed by many liberals and moderates, nor is he the saint that the conservatives believe. He is just a man who believes our Constitution must be protected and defended against all enemies -- foreign and domestic.
   Walter Brasch’s latest book is America’s Unpatriotic Acts: The Federal Government’s Violation of Constitutional and Civil Rights (2005, Peter Lang Publishing). Brasch is an award-winning columnist, former newspaper and magazine reporter and editor, and currently professor of journalism at Bloomsburg University. You may write to him through his website, www.walterbrasch.com.
   Thomasgguo note: 911事件六周后,美国国会85%的议会通过了一项USA PATRIOT Act,当时绝大多数议员要在不到一天内阅读厚达342页的法律文件,大多数议员根本未读该议案。唯有一位名叫Bob Barr的议员公开异议。事实上该《美国爱国者法案》确有多处严重违宪,明显违反第一、四、五、六、八、十四修正案。因而招致学者专家公众一片谴责质疑之声。最高法院是否会对该法案进行违宪审查并宣布其因违宪而无效?从美国最高法院违宪审查史看极有可能。

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