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[IP] more on query A question of unlimited powers





Begin forwarded message:

From: h_bray@xxxxxxxxx
Date: January 13, 2006 4:39:26 PM EST
To: dave@xxxxxxxxxx
Subject: Re: [IP] query A question of unlimited powers

Seems like kind of a moot point, dunnit?  Quartering of troops is not an
issue likely to arise in this war. Habeas corpus suspension might be more
on point.

Mind you, I don't think Bush is claiming the right to set aside the 4th
Amendment, at least no more than other presidents have. For instance, the
US Echelon program, well publicized during the Clinton years, has long
intercepted millions of phone calls by Americans to points overseas.
Perhaps Echelon should not have been permitted. But fact is, this sort of thing has gone on for at least a couple of decades, long before W came to town. Perhaps the fact that Americans haven't batted an eye about Echelon
was one reason he figured the controversial NSA program was no biggie.



Hiawatha Bray




             David Farber
             <dave@xxxxxxxxxx>
To
             01/13/2006 04:24          ip@xxxxxxxxxxxxxx
PM cc

Subject Please respond to [IP] query A question of unlimited
              dave@xxxxxxxxxx          powers












Begin forwarded message:

From: Lee Revell <rlrevell@xxxxxxxxxxx>
Date: January 13, 2006 4:04:21 PM EST
To: dave@xxxxxxxxxx
Cc: ip <ip@xxxxxxxxxxxxxx>, jsq@xxxxxxxxxxxxxx
Subject: Re: [IP] A question of unlimited powers

On Fri, 2006-01-13 at 15:46 -0500, David Farber wrote:
If the president can do whatever he likes during what he declares to
be wartime, which will last until he decides to say it doesn't,
what's the point in having a congress, courts, or a constitution?


I'd just like someone in the press corps to ask this simple question
(not mine, someone posted it on volokh.com):

If the President can suspend the 4th Amendment search and seizure clause
in the name of national security, can he likewise suspend the 3rd
amendment prohibition on quartering soldiers in homes?

Lee



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