Doesn’t anybody actually read these bills before voting for them?

18 USC 1385, Use of Army and Air Force as posse comitatus:

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

John Warner National Defense Authorization Act for Fiscal Year 2007, Section 1076:

The President may employ the armed forces, including the National Guard in Federal service, to … suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).

(2) A condition described in this paragraph is a condition that … opposes or obstructs the execution of the laws of the United States….

Ladies and Gentlemen, our President has declared War upon us. What are we going to do about it?

Thanks to Cory and others for pointing this out.

Posted by Garrett on October 29th, 2006 in Legal cite, Politics | No Comments

Wasn’t the line-item veto declared unconstitutional?

H.R. 5441, Department of Homeland Security Appropriations Act, 2007:

SEC. 522. None of the funds made available in this Act may be used by any person other than the Privacy Officer appointed under section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (6) of such section.

President’s Statement on H.R. 5441:

The executive branch shall construe section 522 of the Act, relating to privacy officer reports, in a manner consistent with the President’s constitutional authority to supervise the unitary executive branch.

H.R. 5441:

SEC. 514. (a) None of the funds provided by this or previous appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program or any other follow on or successor passenger prescreening program, until the Secretary of Homeland Security certifies, and the Government Accountability Office reports, to the Committees on Appropriations of the Senate and the House of Representatives, that all ten of the conditions contained in paragraphs (1) through (10) of section 522(a) of Public Law 108-334 (118 Stat. 1319) have been successfully met.

Bush’s signing statement:

To the extent that section 514 of the Act purports to allow an agent of the legislative branch to prevent implementation of the law unless the legislative agent reports to the Congress that the executive branch has met certain conditions, the executive branch shall construe such section as advisory….

H.R. 5441:

SEC. 643. NATIONAL PREPAREDNESS GOAL.

(a) Establishment- The President, acting through the Administrator, shall complete, revise, and update, as necessary, a national preparedness goal that defines the target level of preparedness to ensure the Nation’s ability to prevent, respond to, recover from, and mitigate against natural disasters, acts of terrorism, and other man-made disasters.

SEC. 689i. INDIVIDUALS AND HOUSEHOLDS PILOT PROGRAM.

(a) Pilot Program-

(1) IN GENERAL- The President, acting through the Administrator, in coordination with State, local, and tribal governments, shall establish and conduct a pilot program. The pilot program shall be designed to make better use of existing rental housing, located in areas covered by a major disaster declaration, in order to provide timely and cost-effective temporary housing assistance to individuals and households eligible for assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) where alternative housing options are less available or less cost-effective.

Bush:

Several provisions of the Act purport to direct the President to perform the President’s duties “acting through” a particular officer. These provisions include section 303(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by section 633 of the Act, section 1802 of the Homeland Security Act of 2002, as amended by section 671 of the Act, and sections 643, 644, 689i, and 689j of the Act. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch.

Congress, how many times are you going to let him tell you he’s going to break the law before you do something about it?

Posted by Garrett on October 5th, 2006 in Legal cite, Politics | No Comments

Destroying the Constitution, one bill at a time

U.S. Constitution, Article I, Section 9:

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

S.3930, Military Commissions Act of 2006, Section 6.a.2:

No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who–

(A) is currently in United States custody; and

(B) has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

U.S. Constitution, Article III, Section 2:

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;…

S.3930, Section 7.a:

No person may invoke the Geneva Conventions, or any protocols thereto, in any habeas or civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States, is a party, as a source of rights in any court of the United States or its States or territories.

Posted by Garrett on September 28th, 2006 in Legal cite, Politics | 2 Comments

Congress vs. the POTUS

Congress:

(c) Oversight Report- Not later than 90 days after the date of enactment of this Act, the Commandant of the Coast Guard, in consultation with the Government Accountability Office, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the Coast Guard’s implementation of the Government Accountability Office’s recommendations in its report, GAO-04-380, entitled `Coast Guard Deepwater Program Needs Increased Attention to Management and Contractor Oversight’, including the dates by which the Coast Guard plans to complete implementation of such recommendations if any of such recommendations remain open as of the date the report is transmitted to the Committees.

The Decider:

The executive branch shall construe section 408(c) of the Act, which purports to make consultation with a legislative agent a precondition to execution of the law, to call for but not mandate such consultation, as is consistent with the Constitution’s provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.

Thanks to Daisy Cutter@Kos for the heads-up.

Posted by Garrett on July 12th, 2006 in Legal cite, Politics | No Comments

Captain Copyright and Fair Use

When will these people learn?

iv. You are not permitted to copy or cut from any page or its HTML source code to the Windowsâ„¢ clipboard (or equivalent on other platforms) onto any other website.

Hmmm, granted this is a Canadian website, but still

the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Posted by Garrett on June 1st, 2006 in Copyright, Legal cite, Web | No Comments

Leviticus

Leviticus 19:33-34:

When an alien lives with you in your land, do not mistreat him. The alien living with you must be treated as one of your native-born. Love him as yourself, for you were aliens in Egypt. I am the LORD your God.

Thanks to SusanG@DailyKos for the reminder.

Posted by Garrett on April 12th, 2006 in Legal cite, Politics | No Comments