百家争鸣
[发表评论] [查看此文评论]    郭国汀律师专栏
[主页]->[百家争鸣]->[郭国汀律师专栏]->[It’s Not Patriotic to Violate the Constitution]
郭国汀律师专栏
·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!
·三论思想自由
·为自由而战,为正义事业献身,死得其所无尚光荣
·言论自由受到了严重威胁
·思想自由的哲学基础/郭国汀
·冲破精神思想的牢狱--自由要义/郭国汀
·我们为什么要争言论自由权?/南郭
***(38)思想自由与宗教信仰自由
·郭国汀论宗教信仰
·神学与哲学的异同
·宗教的思索
·爱因斯坦信犹太教和贵格教也信上帝
·信神是愚昧吗?!基督教义反人性吗?!谁在大规模屠杀婴儿?!
·爱因斯坦宗教信仰上帝相关言论选译
·爱因斯坦宗教上帝相关言论第二集
· 爱因斯坦原信的准确译法
·大哲大师大思想家大政治家论宗教上帝
·哲学家的前提与基础
·宗教是统治阶级麻醉人民的鸦片吗?
·为什么说爱才是宇宙的本质?
·宗教起源的根源何在?
·圣父圣子圣灵三位一体论的由来
·人民圣殿教真相
·质疑东海一枭良知大法兼驳良知宇宙本体论
·自然科学与宗教哲学灵魂
·读东海兄批判美国神话有感
·郭国汀为上帝信仰辩护
·驳东海之糊涂上帝观
·四海之内皆兄弟人类本是一家人
·推荐陈尔晋先生之《圣灵福音》
·质疑东海君之《良知大法》
·祝愿祖国早日实现真正的自由!
·关于司法公正的讨论郭国汀律师在北大法律信息网上发表了非常危险的错误观点应该予以驳斥!
·中共当局封杀言论为那般?
·六四的记忆
·谈中华文化与道德重建(四)
·中国百年最伟大的文字!
·郭国汀:为刘荻女英雄辩护吾当仁不让!
·只有思想言论出版新闻舆论的真正自由能够救中国!
·只有说真话的民族才有前途
·一个能思想的人才是力量无边的人/南郭
·思想之可贵在于其独立性
·独立思想是最美的
·思想的高度统一是人类社会之大敌
·统一思想之谬误由来已久矣/南郭
·我的心里话--有感于杜导斌先生被捕
***中共专制暴政政治迫害郭国汀律师实录
·郭国汀律师遭遇黑色元宵节
·中共对我的八次政治迫害--在温哥华告别恐惧讨共诉苦座谈会上的发言(上)
·中共暴政对我的八次政治迫害(中)
·中共暴政对我的八次政治迫害(下)
·If You Really Want Control Lock up Their Lawyers
·Anti-communist sentiments landed Chinese lawyer in an asylum
·我的思想认识与保证/郭国汀
·郭国汀律师的[悔罪][悔过]与[乞求]
·郭国汀因言论“违宪”行政处罚听证案代理词
·我推崇的浦志强大律师/郭国汀
·我被中共当局非法剥夺执业资格的真实原因
***(24)《共产主义黑皮书》郭国汀编译
·共产党皆变成杀人犯罪团伙的历史与理论分析
·朝鲜的罪恶与恐怖和秘密:共产党暴政罪恶批判系列之一
·古巴共产极权政权的罪恶:共产党暴政罪恶批判之二
·越南共产党暴政罪恶昭彰:共产党极权暴政罪恶实录之三
·中欧和东南欧共产党暴政的深重罪孽: 共产党极权暴政罪恶批判之四
·埃塞俄比亚共产党政权的罪孽: 共产党政权罪恶实录之五
·安哥拉和莫桑比克共产党政权的血腥暴力:共产党政权罪恶实录之六
·阿富汉共产党暴政罪大恶极:共产党极权暴政罪恶实录之七
·尼加拉瓜共产党政权的罪孽:共产党暴政罪恶实录之八
·秘鲁共产党的血腥残暴:共产党暴政罪恶实录之九
·虐杀成性的柬普寨共产党暴政:共产党暴政罪恶实录评论系列之十
·波兰共产党政权的罪孽:共产党暴政罪恶实录系列评论之十一
·苏联共产党暴政的滔天罪行:共产党暴政罪恶实录系列评论之十二
·中国共产党极权流氓暴政的滔天罪孽:共产党暴政罪恶实录系列评论之十三
·论共产党极权暴政的归宿-- 2010年全球支持中國和亞洲民主化斯特拉斯堡大會专稿
·金正日真面目
·韩战真相
***(25)《苏联东欧天鹅绒革命》郭国汀编译
·东欧天鹅绒革命导论
·苏联政治民主革命:共产党国极权暴政崩溃原因分析系列评论之一
·罗马尼亚暴力革命:共产党国极权暴政崩溃原因分析系列评论之二
·匈牙利静悄的革命:共产党国极权暴政崩溃原因分析之三
·捷克戏剧性革命:共产党国极权暴政崩溃原因分析之四
·东德和平革命:共产党国极权暴政崩溃原因分析之五
·波兰自我限制的革命:共产党极权暴政崩溃原因分析之六
·罗马尼亚35天革命成功真相
·社会转媒(国际互联网)对阿拉伯之春革命的巨大作用
·郭国汀:苏共政权垮台的根本原因
·阿拉伯之春埃及部分成功的革命
·阿拉伯之春:突尼斯成功的革命
·觉醒的人民粉碎专制体制:阿拉伯革命
·民主革命决非恐怖主义
·东欧各国追究共产党罪犯的罪责概况
·共产党专制暴政皆依赖秘密政治警察实行极权恐怖统治
[列出本栏目所有内容]
欢迎在此做广告
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。

[下一页]

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场