Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Friday, September 08, 2006
Lorie Byrd :: Townhall.com Columnist
Thwack! Will Democrats never learn?
by Lorie Byrd
Vote on It:
Average Vote:
[+] Text [-]
 
 
Poll
Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


On September 11, 2001, this country woke up from a decade in which the President and the media had led them to believe that everything was just fine, and they experienced outrage as reality intruded. Not only were Americans outraged at murderous terrorists, but they were also outraged that their government had not taken the threat more seriously and had failed to connect the dots. Today, almost five years after the unprecedented attacks, there is new reason Americans should be outraged.

Following September 11 there was an outpouring of unity from those in government. Even the most partisan of politicians realized we faced an enemy that required them to work with their political opponents to mount an effective fight. Many congressional Democrats, and other leaders in the Democratic party, have not only abandoned that commitment to unity, but have chosen to put short term political gain ahead of the long term goal of national security. Americans should be outraged by this.

On the Fox News program Hannity & Colmes this week, David Limbaugh debated host Alan Colmes about the way Democrats have conducted themselves on matters of national security and on the issue of the war in Iraq. Limbaugh argued many of the points from his book, Bankrupt, saying that Democrats have not been honest brokers in the debate. Even more important though, he displayed a passion and outrage over the issue that has been sorely lacking. That may be about to change though, as Democrats are beginning to reap some unwanted results from their partisan strategy.

One point Limbaugh made is that over the past few years we have seen Democrats engage in behavior never before seen by a major political party during a time of war. He was outraged that, as he said in his book, “It was almost as if they were rooting for America’s defeat and humiliating withdrawal in Iraq, just for the deliciousness of discrediting President Bush.”

Democrats who voted for regime change in Iraq in 1998 because they believed Saddam was a threat with WMD and voted again in 2002 to authorize the use of force in Iraq based on intelligence they saw personally, changed course. When it became politically advantageous they decided to deny all they had said before about the threat posed by Saddam, and rather chose to accuse the President of “lying us into war.” They did so with no regard for the impact their statements would have on the success of our mission there. For a while, the Democrats’ strategy worked, but recently the truth has begun to catch up with them.

• It was Joe Wilson's claim that Bush lied about the “16 words” that started the "Bush lied" mantra in the debate over Iraq. Democrats invested a lot in Wilson’s story of an administration so consumed by a desire for vengeance that they would sacrifice national security by outing a covert agent. Those in the media ran with Wilson’s version of the story.Thwack! Over the summer Robert Novak broke his silence about the matter revealing the information he had given the independent counsel which contradicted Wilson’s story. Later it was reported that Richard Armitage was the original leaker, not someone in the White House or a supporter of the war in Iraq. Democrats who had invested so much in the story were left looking like dupes.

• Democrats invested a lot over the past few years in their opposition to the Patriot Act and to the NSA surveillance program. Many in the liberal blogosphere, and even the Democrat congressman who would be the chairman of the judiciary committee if the Democrats retake the House, argued the case that Bush’s use of the NSA Surveillance Program and his supposed assault on civil liberties were cause for impeachment.

Thwack! In August a massive terrorist plot involving over a dozen planes was uncovered in the UK. Cited as playing a key role in the discovery was intelligence that MI5 and Scotland Yard obtained using 'sneak and peak' warrant, as well as U.S. intelligence intercepts of the group's communications. Continued...

1 2
| Full Article & Comments | Next >
Share:
Vote on It:
Average Vote:
 
About The Author

Lorie Byrd is a Townhall.com columnist and blogs at Wizbang and at LorieByrd.com.

Be the first to read Lorie Byrd's column. Sign up today and receive Townhall.com delivered each morning to your inbox.

Thwack!

.

BS Detector writes:
BS Detector writes:

that the administration has acted such that it does not understand that Congressional and judicial approval/consent of its actions is required, and (b) that this Congress' leaders don't seem to see a problem with that.================

I think this is the "goof" where I didn't realize the whole column highlighted when I copied.

Judicial approval/consent is not required. He can overrule courts as Commander in Chief. The check is only impeachment if enough don't like what he did when he overruled. Remember, he is not acting as President since a President can't do that. He is acting as Commander in Chief and that is only allowed when the military is "called into actual service. Since that was "rare" and the rights returned after the "military service" was completed, it wasn't a problem.

That is why we need Supreme Court clarification on this but in all past rulings they have had a chance to do so, they have "dodged" clarity and just "hinted" that the powers were constitutional. The wording actually came in cases where they ruled something unconstitution but then added a line that was something like, "not including Constitutional powers during special times" (paraphrase). But bottom line, they weren't clear.
quote:
In United States v. Butenko, 494 F.2d 593 (3d Cir. 1974) (en banc), the warrantless electronic surveillance was "designed to impair the escape to foreign powers of sensitive information concerning the foreign policy and military posture of the United States" - i.e., to prevent espionage. Id. at 605 n.l. The court saw "no reason to distinguish this activity from the foreign intelligence gathering activity that may be conducted through warrantless electronic surveillance, observing that "[a]s Commander-in-Chief, the President must guard the country from foreign aggression, sabotage, and espionage." Id. at 605 n.1, 608. Thus, the court recognized that protecting the United States against espionage is a "foreign intelligence purpose," and that warrantless electronic surveillance may be used in furtherance of that purpose.

The Butenko court did not, however, clearly resolve whether such surveillance may be conducted in support of law enforcement efforts to protect national security, such as a prosecution for espionage. The court's only extended discussion of the matter was ambiguous (494 F.2d at 606):
http://www.fas.org/irp/agency/doj/fisa/092502sup.html
===========================
Here in the IN THE UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW case where the Court was reviewing what President Bush was doing, they covered a lot of previous cases.

The conclusion was that the Supreme Court gave no clear direction regarding FISA and whether or not the President as Commander in Chief had to abide by it. This was the case where Court overruled the FISA court and said it was too restrictive of the powers of the President as Commander in Chief but it too, never gave a clear final determination of limits of Constitutional power. How could it with no clear direction from the Supreme Court.

Many legal experts are totally divided on this issue and that is why I think the Supreme Court will have to sooner or later make it clear. Once it does, Congress can act. However, if the action required after the ruling, would be to give more power or take away power the Court said was there in the Constitution, an Amendment ratified by 3/4 of the states would be required, not legislation.
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.