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	<title>Comments on: Sen. Graham&#8217;s Strategy To Restore Bush&#8217;s Detainee Policy Is Unconstitutional</title>
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	<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/</link>
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		<title>By: Sen. Graham s Strategy To Restore Bush s Detainee Policy Is &#8230; - Llamas Links</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-662382</link>
		<dc:creator>Sen. Graham s Strategy To Restore Bush s Detainee Policy Is &#8230; - Llamas Links</dc:creator>
		<pubDate>Sat, 08 Jul 2006 21:37:53 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-662382</guid>
		<description>[...] Sen. Graham s Strategy To Restore Bush s Detainee Policy Is &#8230;Think Progress,&#160;DC&#160;- Jul 6, 2006&#8230; should be interpreted. The Court explained in another case, Sanchez-Llamas v. Oregon, issued the same day has Hamdan: Under our &#8230; [...]</description>
		<content:encoded><![CDATA[<p>[...] Sen. Graham s Strategy To Restore Bush s Detainee Policy Is &#8230;Think Progress,&nbsp;DC&nbsp;- Jul 6, 2006&#8230; should be interpreted. The Court explained in another case, Sanchez-Llamas v. Oregon, issued the same day has Hamdan: Under our &#8230; [...]<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=662382', 400, 400)"></a></p>
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		<title>By: Pee Wee</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-660781</link>
		<dc:creator>Pee Wee</dc:creator>
		<pubDate>Fri, 07 Jul 2006 17:19:34 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-660781</guid>
		<description>They more that the Right comes to realize that they&#039;re going to lose control,the scarier their actions will be! Watch their actions in Sept,Oct just before the elections,most of them will frothing at the mouth,going flat-ass loony!</description>
		<content:encoded><![CDATA[<p>They more that the Right comes to realize that they&#8217;re going to lose control,the scarier their actions will be! Watch their actions in Sept,Oct just before the elections,most of them will frothing at the mouth,going flat-ass loony!<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=660781', 400, 400)"></a></p>
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		<title>By: Judy</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-660336</link>
		<dc:creator>Judy</dc:creator>
		<pubDate>Fri, 07 Jul 2006 11:23:40 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-660336</guid>
		<description>Graham&#039;s statements may not matter much when they actually work on the issue in committee. He will end up supporting what ever John Waraner and John McCain want. I think that some of his statements are about the base that actually love this this president right or wrong.

Alexandra, what is so scary about him?</description>
		<content:encoded><![CDATA[<p>Graham&#8217;s statements may not matter much when they actually work on the issue in committee. He will end up supporting what ever John Waraner and John McCain want. I think that some of his statements are about the base that actually love this this president right or wrong.</p>
<p>Alexandra, what is so scary about him?<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=660336', 400, 400)"></a></p>
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		<title>By: pgl</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659818</link>
		<dc:creator>pgl</dc:creator>
		<pubDate>Thu, 06 Jul 2006 21:13:15 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659818</guid>
		<description>Byron York had the misfortunate of running his NRO piece after John Dean ran his Detainee Treatment Act Hoax piece.  For details of what a WANKER Senator Graham is - see my Angrybear post.</description>
		<content:encoded><![CDATA[<p>Byron York had the misfortunate of running his NRO piece after John Dean ran his Detainee Treatment Act Hoax piece.  For details of what a WANKER Senator Graham is &#8211; see my Angrybear post.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659818', 400, 400)"></a></p>
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		<title>By: green917</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659786</link>
		<dc:creator>green917</dc:creator>
		<pubDate>Thu, 06 Jul 2006 20:58:17 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659786</guid>
		<description>#57 - Briseadh, Namaste right back at ya! Your point is exceptional as well and hinges upon something else I&#039;ve been saying for some time now. The single biggest problem with the Bush misadministration&#039;s foreign policy has been, is and will continue to be the fact that they believe that diplomacy is somehow a sign of weakness. I would argue the opposite personally. Diplomacy is ONLY engaged in from a position of strength and, as you said, since we have completely abandoned our position as 1 of the few nations in the world that could generally be trusted to uphold the laws of our land, the rest of the world just isn&#039;t buying our schtick anymore. Regardless, Senator Graham and anyone else who advocates that we change any of the laws that define us as a nation (ie- the Bill of Rights, the Geneva Conventions, etc) should be ashamed of themselves.</description>
		<content:encoded><![CDATA[<p>#57 &#8211; Briseadh, Namaste right back at ya! Your point is exceptional as well and hinges upon something else I&#8217;ve been saying for some time now. The single biggest problem with the Bush misadministration&#8217;s foreign policy has been, is and will continue to be the fact that they believe that diplomacy is somehow a sign of weakness. I would argue the opposite personally. Diplomacy is ONLY engaged in from a position of strength and, as you said, since we have completely abandoned our position as 1 of the few nations in the world that could generally be trusted to uphold the laws of our land, the rest of the world just isn&#8217;t buying our schtick anymore. Regardless, Senator Graham and anyone else who advocates that we change any of the laws that define us as a nation (ie- the Bill of Rights, the Geneva Conventions, etc) should be ashamed of themselves.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659786', 400, 400)"></a></p>
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		<title>By: TripMaster Monkey</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659757</link>
		<dc:creator>TripMaster Monkey</dc:creator>
		<pubDate>Thu, 06 Jul 2006 20:43:38 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659757</guid>
		<description>Over three hours and no reply to my post #54.

Apparently, Chase has had enough.</description>
		<content:encoded><![CDATA[<p>Over three hours and no reply to my post #54.</p>
<p>Apparently, Chase has had enough.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659757', 400, 400)"></a></p>
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		<title>By: Jay Randal</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659733</link>
		<dc:creator>Jay Randal</dc:creator>
		<pubDate>Thu, 06 Jul 2006 20:25:39 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659733</guid>
		<description>Sen. Graham should be sent to GITMO to live in a cell as a prisoner for a year &gt; after he comes back he can then tell us how nice the place is &gt; NOT!</description>
		<content:encoded><![CDATA[<p>Sen. Graham should be sent to GITMO to live in a cell as a prisoner for a year &gt; after he comes back he can then tell us how nice the place is &gt; NOT!<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659733', 400, 400)"></a></p>
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		<title>By: marcus</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659687</link>
		<dc:creator>marcus</dc:creator>
		<pubDate>Thu, 06 Jul 2006 19:50:11 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659687</guid>
		<description>Reply to comment #60: That&#039;s why the listsen to Rush, Ann. Laura, Savage, Hannity and the rest of the right wing idiots, to find out who to hate and why.</description>
		<content:encoded><![CDATA[<p>Reply to comment #60: That&#8217;s why the listsen to Rush, Ann. Laura, Savage, Hannity and the rest of the right wing idiots, to find out who to hate and why.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659687', 400, 400)"></a></p>
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		<title>By: marcus</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659675</link>
		<dc:creator>marcus</dc:creator>
		<pubDate>Thu, 06 Jul 2006 19:44:34 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659675</guid>
		<description>Time to sent these republicans back to the south!!!!</description>
		<content:encoded><![CDATA[<p>Time to sent these republicans back to the south!!!!<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659675', 400, 400)"></a></p>
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		<title>By: GetReal</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659623</link>
		<dc:creator>GetReal</dc:creator>
		<pubDate>Thu, 06 Jul 2006 19:17:11 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659623</guid>
		<description>I am convinced that there are those who regard our freedoms as a light switch that can be turned off and on.  To them they need &quot; something or someone to hate&quot; all the time.  Their outlook is not based on liberty and freedoms but rather control and dominance at any cost.  For them the constitution is not a liberating document nor a guarantee of our freedoms nor will it ever be.  They need to hate &quot;something or someone&quot; and right now they have their sights set on lady liberty.  Good luck living in the dark!</description>
		<content:encoded><![CDATA[<p>I am convinced that there are those who regard our freedoms as a light switch that can be turned off and on.  To them they need &#8221; something or someone to hate&#8221; all the time.  Their outlook is not based on liberty and freedoms but rather control and dominance at any cost.  For them the constitution is not a liberating document nor a guarantee of our freedoms nor will it ever be.  They need to hate &#8220;something or someone&#8221; and right now they have their sights set on lady liberty.  Good luck living in the dark!<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659623', 400, 400)"></a></p>
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		<title>By: GetReal</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659622</link>
		<dc:creator>GetReal</dc:creator>
		<pubDate>Thu, 06 Jul 2006 19:17:05 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659622</guid>
		<description>I am convinced that there are those who regard our freedoms as a light switch that can be turned off and on.  To them they need &quot; something or someone to hate&quot; all the time.  Their outlook is not based on liberty and freedoms but rather control and dominance at any cost.  For them the constitution is not a liberating document nor a guarantee of our freedoms nor will it ever be.  They need to hate &quot;something or someone&quot; and right now they have their sights set on lady liberty.  Good luck living in the dark!</description>
		<content:encoded><![CDATA[<p>I am convinced that there are those who regard our freedoms as a light switch that can be turned off and on.  To them they need &#8221; something or someone to hate&#8221; all the time.  Their outlook is not based on liberty and freedoms but rather control and dominance at any cost.  For them the constitution is not a liberating document nor a guarantee of our freedoms nor will it ever be.  They need to hate &#8220;something or someone&#8221; and right now they have their sights set on lady liberty.  Good luck living in the dark!<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659622', 400, 400)"></a></p>
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		<title>By: KEVIN SCHMIDT, STERLING VA</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659496</link>
		<dc:creator>KEVIN SCHMIDT, STERLING VA</dc:creator>
		<pubDate>Thu, 06 Jul 2006 18:26:04 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659496</guid>
		<description>Since when did anything unconstitutional OR illegal stop the bullying thugs of the GOP?</description>
		<content:encoded><![CDATA[<p>Since when did anything unconstitutional OR illegal stop the bullying thugs of the GOP?<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659496', 400, 400)"></a></p>
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		<title>By: Briseadh na Faire</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659451</link>
		<dc:creator>Briseadh na Faire</dc:creator>
		<pubDate>Thu, 06 Jul 2006 18:04:01 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659451</guid>
		<description>#56, excellent again, green917. Namaste. 

There is yet another point. When we uphold the rule of law, even applying it against our enemies, we gain stature internationally, just as those who don&#039;t lose stature. International pressure is then brought to bear against those who do not uphold the rule of law. 

As it stands now, just the opposite is occuring. The U.S. is seen as a greater threat than &quot;terrorists.&quot; Why? Because we no longer stand for upholding the rule of law AND because, unlike Saddam Hussein, we really do have weapons of mass destruction. And we haven&#039;t ruled out using Nuclear weapons against Iran.</description>
		<content:encoded><![CDATA[<p>#56, excellent again, green917. Namaste. </p>
<p>There is yet another point. When we uphold the rule of law, even applying it against our enemies, we gain stature internationally, just as those who don&#8217;t lose stature. International pressure is then brought to bear against those who do not uphold the rule of law. </p>
<p>As it stands now, just the opposite is occuring. The U.S. is seen as a greater threat than &#8220;terrorists.&#8221; Why? Because we no longer stand for upholding the rule of law AND because, unlike Saddam Hussein, we really do have weapons of mass destruction. And we haven&#8217;t ruled out using Nuclear weapons against Iran.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659451', 400, 400)"></a></p>
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		<title>By: green917</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659387</link>
		<dc:creator>green917</dc:creator>
		<pubDate>Thu, 06 Jul 2006 17:26:32 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659387</guid>
		<description>#51 - To answer your question, probably not. Then again, I don&#039;t recall ever having seen al Qaeda&#039;s signature on the Geneva Conventions. In order for us to be that &quot;shining beacon of liberty on a hill&quot; that President Ronald Reagan spoke of  we have to be better than our enemies though. I was simply listing one of many concerns I have with this decision to attempt to remove our duties under the Conventions. It is not simply important because of what it means to our troops who may be captured in the field. It is important because it goes to the very heart of what our nation is supposed to represent in the world. If we don&#039;t grant freedom and liberty to those who would wish to harm us then everything the founding fathers did and said was for nought. The following says it all: &quot;We hold these truths to be self evident. That &lt;strong&gt;all&lt;/strong&gt; men are created equal&quot;. We are a nation that believes (allegedly at least) in upholding freedom and human rights. To abbrogate that duty that we, as Americans, have all inherited is a slap in the face to everyone who has fought against tyranny in this nation&#039;s history.</description>
		<content:encoded><![CDATA[<p>#51 &#8211; To answer your question, probably not. Then again, I don&#8217;t recall ever having seen al Qaeda&#8217;s signature on the Geneva Conventions. In order for us to be that &#8220;shining beacon of liberty on a hill&#8221; that President Ronald Reagan spoke of  we have to be better than our enemies though. I was simply listing one of many concerns I have with this decision to attempt to remove our duties under the Conventions. It is not simply important because of what it means to our troops who may be captured in the field. It is important because it goes to the very heart of what our nation is supposed to represent in the world. If we don&#8217;t grant freedom and liberty to those who would wish to harm us then everything the founding fathers did and said was for nought. The following says it all: &#8220;We hold these truths to be self evident. That <strong>all</strong> men are created equal&#8221;. We are a nation that believes (allegedly at least) in upholding freedom and human rights. To abbrogate that duty that we, as Americans, have all inherited is a slap in the face to everyone who has fought against tyranny in this nation&#8217;s history.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659387', 400, 400)"></a></p>
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		<title>By: Marie</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659385</link>
		<dc:creator>Marie</dc:creator>
		<pubDate>Thu, 06 Jul 2006 17:26:25 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659385</guid>
		<description>We have all disagreed with a decision by the SCOTUS at one time or another.  Today, however, if the SC issues a ruling that certain Republicans don&#039;t like, the SC is charged with being &lt;em&gt;activist&lt;/em&gt; (the latest dirty word, after liberal), and meetings are planned to re-write laws that supercede the high court.
This is the modus operandi of the Republicans, when, on the rare occasion they don&#039;t get what they want -- they throw a vertical hissy, resort to name calling and  try to change the rules in their favor.
The whole damn bunch of them deserve to be drummed out of office. There are no moderate Republicans; they may appear to be so from time to time, as Graham has done on occasion, but see what happens when they don&#039;t get their way -- they are all the same.  Put &#039;em in a bag shake &#039;em up, pour &#039;em out and see if you can tell one from another.  In the end, they are like poorly die-stamped little tin soldiers.  They all are the same but on close inspection, you can see they are all crooked too.</description>
		<content:encoded><![CDATA[<p>We have all disagreed with a decision by the SCOTUS at one time or another.  Today, however, if the SC issues a ruling that certain Republicans don&#8217;t like, the SC is charged with being <em>activist</em> (the latest dirty word, after liberal), and meetings are planned to re-write laws that supercede the high court.<br />
This is the modus operandi of the Republicans, when, on the rare occasion they don&#8217;t get what they want &#8212; they throw a vertical hissy, resort to name calling and  try to change the rules in their favor.<br />
The whole damn bunch of them deserve to be drummed out of office. There are no moderate Republicans; they may appear to be so from time to time, as Graham has done on occasion, but see what happens when they don&#8217;t get their way &#8212; they are all the same.  Put &#8216;em in a bag shake &#8216;em up, pour &#8216;em out and see if you can tell one from another.  In the end, they are like poorly die-stamped little tin soldiers.  They all are the same but on close inspection, you can see they are all crooked too.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659385', 400, 400)"></a></p>
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		<title>By: TripMaster Monkey</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659381</link>
		<dc:creator>TripMaster Monkey</dc:creator>
		<pubDate>Thu, 06 Jul 2006 17:24:39 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659381</guid>
		<description>Reply to #46:

&lt;em&gt;I just donâ€™t think itâ€™s that cut and dried. There are 3 things that have to be considered here:&lt;/em&gt;

OK...let&#039;s consider them.

&lt;em&gt;1. The FISA law itself permitting wiretaps in the first place.&lt;/em&gt;

The administration bypassed FISA, citing that obtaining warrants would have been &#039;too slow&#039; (despite the inconvenient fact that FISA will issue retroactive warrants if the need for speed makes it necessary).  Thus, the FISA law actully counts &lt;em&gt;against&lt;/em&gt; the President here.

&lt;em&gt;2. The AUMF of 2001 giving the President the authority to convene military operations against AQ (and the like), their supporters and their protectors.&lt;/em&gt;

Quote from Tom Daschle:

&lt;blockquote&gt;&quot;Literally minutes before the Senate cast its vote, the administration sought to add the words &#039;in the United States and&#039; after &#039;appropriate force&#039; in the agreed-upon text.  This last-minute change would have given the president broad authority to exercise expansive powers not just overseas -- where we all understood he wanted authority to act -- but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused.&quot;&lt;/blockquote&gt;

Thus, again, the AUMF is another argument against the President.

&lt;em&gt;3. Article II, Section 2 of the US Constitution.&lt;/em&gt;

Here&#039;s the text:

&lt;blockquote&gt;The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. &lt;/blockquote&gt;

Please point out the parts of the above section that have anything to do with the issue at hand, or admit its irrelevancy.

&lt;em&gt;Did he go to far? I donâ€™t think you can say definitively yes or no.&lt;/em&gt;

Actually, given the above information, anyone capable of critical thought can make the determination that he definitely &lt;em&gt;did&lt;/em&gt; go too far.</description>
		<content:encoded><![CDATA[<p>Reply to #46:</p>
<p><em>I just donâ€™t think itâ€™s that cut and dried. There are 3 things that have to be considered here:</em></p>
<p>OK&#8230;let&#8217;s consider them.</p>
<p><em>1. The FISA law itself permitting wiretaps in the first place.</em></p>
<p>The administration bypassed FISA, citing that obtaining warrants would have been &#8216;too slow&#8217; (despite the inconvenient fact that FISA will issue retroactive warrants if the need for speed makes it necessary).  Thus, the FISA law actully counts <em>against</em> the President here.</p>
<p><em>2. The AUMF of 2001 giving the President the authority to convene military operations against AQ (and the like), their supporters and their protectors.</em></p>
<p>Quote from Tom Daschle:</p>
<blockquote><p>&#8220;Literally minutes before the Senate cast its vote, the administration sought to add the words &#8216;in the United States and&#8217; after &#8216;appropriate force&#8217; in the agreed-upon text.  This last-minute change would have given the president broad authority to exercise expansive powers not just overseas &#8212; where we all understood he wanted authority to act &#8212; but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused.&#8221;</p></blockquote>
<p>Thus, again, the AUMF is another argument against the President.</p>
<p><em>3. Article II, Section 2 of the US Constitution.</em></p>
<p>Here&#8217;s the text:</p>
<blockquote><p>The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.</p>
<p>He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.</p>
<p>The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. </p></blockquote>
<p>Please point out the parts of the above section that have anything to do with the issue at hand, or admit its irrelevancy.</p>
<p><em>Did he go to far? I donâ€™t think you can say definitively yes or no.</em></p>
<p>Actually, given the above information, anyone capable of critical thought can make the determination that he definitely <em>did</em> go too far.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659381', 400, 400)"></a></p>
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		<title>By: Zooey aka Zookeeper</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659370</link>
		<dc:creator>Zooey aka Zookeeper</dc:creator>
		<pubDate>Thu, 06 Jul 2006 17:18:56 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659370</guid>
		<description>#47 - Great post, green917.</description>
		<content:encoded><![CDATA[<p>#47 &#8211; Great post, green917.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659370', 400, 400)"></a></p>
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		<title>By: Chase</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659366</link>
		<dc:creator>Chase</dc:creator>
		<pubDate>Thu, 06 Jul 2006 17:15:40 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659366</guid>
		<description>#48 - Funny? Why? 

Replace &quot;overty&quot; with &quot;unquestionably&quot; and maybe you&#039;ll catch my drift.</description>
		<content:encoded><![CDATA[<p>#48 &#8211; Funny? Why? </p>
<p>Replace &#8220;overty&#8221; with &#8220;unquestionably&#8221; and maybe you&#8217;ll catch my drift.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659366', 400, 400)"></a></p>
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		<title>By: Chase</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-2/#comment-659364</link>
		<dc:creator>Chase</dc:creator>
		<pubDate>Thu, 06 Jul 2006 17:13:33 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659364</guid>
		<description>#47 - Well put. 

My concern is that extending Geneva protections to extra-national terrorists doesn&#039;t do anything to help our service men they capture. No good-will on our part will entice them to stop beheading our captives. 

I think that&#039;s the point of this argument - does extending GC protections to AQ and other extra-national terrorist orgs engaged in armed warfare (conventional and otherwise) against the US protect our men on the ground any better?</description>
		<content:encoded><![CDATA[<p>#47 &#8211; Well put. </p>
<p>My concern is that extending Geneva protections to extra-national terrorists doesn&#8217;t do anything to help our service men they capture. No good-will on our part will entice them to stop beheading our captives. </p>
<p>I think that&#8217;s the point of this argument &#8211; does extending GC protections to AQ and other extra-national terrorist orgs engaged in armed warfare (conventional and otherwise) against the US protect our men on the ground any better?<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659364', 400, 400)"></a></p>
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		<title>By: Briseadh na Faire</title>
		<link>http://thinkprogress.org/2006/07/06/graham-unconstitutional/comment-page-1/#comment-659363</link>
		<dc:creator>Briseadh na Faire</dc:creator>
		<pubDate>Thu, 06 Jul 2006 17:13:07 +0000</pubDate>
		<guid isPermaLink="false">http://thinkprogress.org/2006/07/06/graham-unconstitutional/#comment-659363</guid>
		<description>#47, your 2 cents just said a million.

Thank you.</description>
		<content:encoded><![CDATA[<p>#47, your 2 cents just said a million.</p>
<p>Thank you.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=659363', 400, 400)"></a></p>
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