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How Dare They Rip the Fourth Amendment?

by: Joseph L. Galloway  |  Visit article original @ McClatchy Newspapers

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Fourth of July fireworks at the Statue of Liberty. (Photo: Reuters)

    Early next week the US Senate will vote on an extension of the Foreign Intelligence Surveillance Act, with a few small amendments intended to immunize telecommunications corporations that assisted our government in the warrantless and illegal wiretapping it has grown to love.

    That such a gutting of the Fourth Amendment to the Constitution even made it out of committee is yet another stain on the gutless and seemingly powerless Democratic majority in both houses of Congress.

    That a majority on both sides of the aisle - not least of them the presumptive nominees for president of both political parties - intend to vote for such a violation of Americans' right to privacy and of the sanctity of their personal communications is a stunning surrender to those who want us to live in fear forever.

    We are living in a time when the right of habeas corpus - which simply put is your right to be brought before a proper court of law where the government is made to prove that there is good and legal reason to detain you - recently survived by a margin of only one vote at the U.S. Supreme Court.

    Now these bad actors are prepared to set aside your right to privacy - written into the Constitution as a key part of our Bill of Rights - with hardly a nod in the direction of the true patriots who rebelled against an English king and his army to guarantee those rights.

    That they will do this while the last empty phrases of the political windbags at the Fourth of July celebrations are still echoing across a thousand city parks and the bright red, white and blue bunting and blizzard of American flags still flap in the breeze is little short of breath-taking.

    How dare they?

    Those denizens of the White House and Capitol Hill and all those gray granite buildings that line avenues with names like Constitution and Independence in the nation's capitol would have us believe that we must trade our rights, all of our rights, for some measure of security from the terrorists.

    They would have us believe that a nation of 300 million people must surrender what a million other Americans gave their lives in war to protect in order to protect us from a couple of hundred fanatics hiding in caves in Waziristan.

    Benjamin Franklin himself wrote of such a debate:

    "Those who can give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."

    The fact that British troops, operating on flimsy general warrants handed out by local magistrates, were kicking in the doors of ordinary Americans and rifling through their pantries and papers in search of smuggled, untaxed goods was a prime reason why our ancestors rebelled against their king and went to war.

    This is WHY we celebrate the Fourth of July. This is why the vote on renewing the expanded version of FISA and whitewashing the egregious violations of the Fourth Amendment for seven long years by our government is important.

    If neither John McCain, the Republican, or Barrack Obama, the Democrat, can find the courage to oppose such a violation of so basic a right then what are we to do for a president, a successor to George W. Bush, The Decider, who has since 9/11 decided what rights you are entitled to keep, what laws he will or will not obey, and whether you will be protected by these words of the Constitution:

    "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    That's it. That's the Fourth Amendment. That is what these folks in Washington, D.C., have violated continuously and in secret for seven long years.

    Somewhere across an ocean and a desert, hiding in his cave, a man of hate named Osama bin Laden is laughing up the sleeve of his dirty robe at the thought that he and a small handful of fellow fanatics could tie a great nation in knots - knots of fear stoked by our own leaders.

    We have done incalculably more and greater damage to ourselves since September 11, 2001, than a thousand bin Ladens and ten thousand al Qaida recruits could ever have done to us.

    Franklin D. Roosevelt famously declared that "we have nothing to fear but fear itself." Now it would seem that we have no one to fear but ourselves and our leaders.

    The questions I pose are these:

    How can even one senator on either side of the aisle in good conscience vote in favor of this law that does nothing to enhance our security and everything to diminish our rights as a free people?

    How can both men who seek to become our next president cast such a vote when both should be standing shoulder-to-shoulder declaring that they would govern by our consent and with our approval, not by wielding the coercive and corrosive and corrupt powers that King George III and his latter-day namesake from Texas thought are theirs by divine right?

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Comments

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There are, in fact, two

There are, in fact, two candidates who DO NOT support the elimination of our rights, JG - that would be Congressman Dr. Ron Paul, and lifetime public servant Ralph Nader. How is it that one so appalled fails to even mention that electing either of these two fine, true leaders is the only option we have left to reverse America's slide into fascism?

Bravo to Mr. Galloway who

Bravo to Mr. Galloway who wrote a piece every member of the government and the voting public should read

One thing I have not heard

One thing I have not heard at all in this case are the affidavits of the telecom workers charged with doing this dirty work in the first place. I feel like if the telecom employees acted in good faith, believing that the government must be behaving properly-- why should they be held liable? What good does it do to press criminal charges against someone told by the government to provide a certain service who acted in good faith, believing that the government was acting in good faith?

BRAVO! I love to read

BRAVO! I love to read pieces like this that display the Author's indignation at the way this Government seems to trample all over the Constitution and then turn around and preach about how much they love this Country. Is is pathetic, and our scorn should extend to Dems, Repubs and most of all -- our Executive. I've read some distrubing articles about how Bush & Cheney eavesdropped on members of Congress so they could blackmail them into going along with the war and the various pieces of legislation that have eroded our civil liberties. It sounds plausible because I cannot find any other reason for Democrats being so weak, inept and ineffectual. Happy 4th everyone!

Great editorial by Mr.

Great editorial by Mr. Galloway. There are many who share his outrage, and I am one of them. What have we come to? But an ironic reality is this: I make this comment anonymously. Which to me is further evidence of how far down the path of fear and mistrust we--at least I--have come.

Remember the 4th

Remember the 4th Amendment! Fourth Amendment - Search and Seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Article of Impeachment #24 against GW Bush: Spying on American Citizens, Without a Court-Ordered Warrant, in Violation of the Law and the Fourth Amendment Article of Impeachment #25 against GWB: Directing Telecommunications Companies to Create an Illegal and Unconstitutional Database of the Private Telephone Numbers and Emails of American Citizens. Impeach to restore amendment rights! For more information: http://www.impeachbush.tv/args/wiretaps.html Impeach to enforce the US Constitution!

Great article with one

Great article with one fault. The cavemen laughing up they're dirty sleeves are in Washington. 911 was a demolition folks. And a demolition of our constitution. Come a day I will be searched for saying so. Truth? Search me!

Bravo. Even down to that

Bravo. Even down to that Franklin quote that has been so relevent in these BushCheney years. Washington, Jefferson, all these founding fathers are relevent now, eminently quatable, as we face such similar straits now as they did. Yet, there is another era, another American politician worth remembering, worth quoting; Sen. Wm. J. Fulbright, who wrote of his own time, 36 years ago, so presciently in his his book, 'The Crippled Giant'. crippledgiant26-27.jpg crippledgiant177.jpg crippledgiant177-2.jpg crippledgiant178-179.jpg crippledgiant180-181.jpg crippledgiant192-193.jpg crippledgiant204-205.jpg crippledgiant206-207.jpg crippledgiant278-279.jpg ...and from the last chapter, The Empty System Of Power: crippledgiant-275.jpg crippledgiant-276.jpg crippledgiant-277.jpg crippledgiant-278.jpg crippledgiant-279.jpg

PRESUMED GUILT? A

PRESUMED GUILT? A government that investigates people without a warrant that indicates, “just cause” does so on the basis of Presumed Guilt. A government that imprisons people without Due Process, and plans and carries out torture, it follows, must eliminate the democratic provisions in law that will hold officials accountable for such crimes. Pretenses to democratic standards thereafter, by any these officials, are not to be believed. Legislation aimed at changing the terms of the Bill of Rights and the Balance of Powers in the U.S. Constitution is ILLEGAL legislation. Rather than being improved new laws, as billed, they instead subvert historic democratic law that is the very basis of our national and individual security. It is, in effect, rewriting the Constitution in stealth--and that is treasonous. These illegal changes threaten every one of us in our own homes. Legislators who endorse these extra legal measures, destroy their own legitimacy to office as democratic representatives. Representatives who vote this way couldn’t be more anti-American if they all became card-carrying members of the Communist Party. They should – they must! – be removed and banned from office for violating the democratic social contract, which is the basis for their holding office. Because any government that advocates defends, plans, extra legal measures cannot, by definition, be a legitimate government. Remember these are the same people who indulge torture, rendition and Guilt by edict! Therefore, it becomes clear--we have an anti-democratic government! All its appointments, therefore, are false in that they are aimed at subverting democratic law and structures that protect citizens and the common good. Citizens must insist that these anti-democratic measures be reversed and considered null and void. That is the most important gesture we can express to defend our country and protect our families.

That is truth ladies and

That is truth ladies and gentlemen. Bravo Mr. Galloway for this important piece.

I personally don't care how

I personally don't care how much the government knows about me. I have nothing to hide. I want them to know what I say and think, and any danger be damned. This business of spying in on people's lives and connections is pretty ugly, but common sense will tell you a few things: It is VERY MOST likley that the current bossmen's desire to sift through every and ANY communications of people is to delete and cover their own tracks! :ogistically, they cannot possibly be interested in you who disagree with them!

Instead of celebrating

Instead of celebrating Independence Day we should rightly be having a Wake for the demise of our Independence. This president and his minions have done more to take us down the path of Fascism and ruin than a thousand falsely accused Bin Ladens . The ones that are destroying our country from within is our very own government, pushed by the Zionist Neo Cons. It is past time to wake up and realize where this administration is taking our nation. How can anyone still be blind to what is happening to our once proud country. What is going on in the minds and hearts of our elected Representatives and Senators ? Are they all cowards that only care about their plush seats in Congress ? Have they been blackmailed with all the material that this administration has gathered on them ? Can't blame anyone for wondering. Bring our men home from all the Hellholes where they have been sent. There is no reason for them to be 'fighting for freedom over there' when we are losing it here. It has to be by design.

"Compromise, hell! ... If

"Compromise, hell! ... If freedom is right and tyranny is wrong, why should those who believe in freedom treat it as if it were a roll of bologna to be bartered a slice at a time?" Jesse Helms d. July 4, 2008 While the rush to pass this wrong headed and ill-considered bill has been sold with an alibi that the FISA Telecom Immunity bill only precludes civil lawsuits, that canard is not sufficiently persuasive to warrant such haste. That consideration alone demands caution rather than this stampede to snorkle a flawed bill through. If for no other reason, it becomes more important to preserve the access to redress for the citizen. reductions of liberties must be carefully considered, debated openly. This seems like a secret "reacharound" more than a rational reasoned and fully informed consideration to slice off a limb of our constitution rights. The telecoms have almost immeasurable resources, massive legal squads on retainer, on salary, and gangs of lobbyists on call. They can certainly help themselves. The telecommunication act of 2004 is perfect proof. They have tied Congress in knots, and pulled the strings on the "decider" to squirm out of the morass they suddenly recognized. There are more than 40 civil lawsuits in the courts now, brought by citizens who have a right to their days in court. This seems like the Big Fix, to change the rules of the game in the third quarter. This government and its surrogates fears its citizens too much to trust us. That is the true terror. The true issue is not that the telecoms are being held to a higher standard than the rest of the corporate cronies, it's that the government is suborning crime at the highest levels. The interesting threads in some of the posts related to Quest's subsequent tax and investigation issues only strengthen the conclusion that the administration has played "whack-a-mole" with the civic trust. There is never a valid pretext for short circuiting our long held and hard fought rights. We need to send a trumpet blast in the ear of the "Beltway Players". This blow dried orchestra is increasingly tone deaf, and playing from the wrong song sheet. For too many years, it's been "Shut up and Play" inside the Beltway. Critics and patriots are routinely disrespected, shouted down, ignored, laughed at and dismissed. bought off or isolated. Senators Obama and McCain, don't slice and dice our concerns. When you tell us it's the best deal you could get, you are complicit in lowering expectations, and limiting the options for millions of people who are now counting on you. For my own sanity, I must bear witness. I call upon your conscience to -- "Get up, stand up, don't give up our rights" --

Certifying illegality is

Certifying illegality is untenable. This, after all was the third attempt to reverse previous votes that reflected public sentiment to forbid retroactive immunity. Amnesty for lawbreaking will come at an incalculable expense to democratic culture. Every single American will eventually suffer from it. I would like to add that this is not "Government as usual". This is absolutely NOT the behavior of a representative or deliberative Body acting in the interest of the Common Good. It is the abandonment of Representative Government. Americans have never seen such treachery. I believe that this Bill also aims at removing many of Bush's flagrantly impeachable issues from view. Retroactive immunity would be a laughable legal standard if it wasn't actually happening. The aim of the claim of this special "security" is not for security of the Nation. The "security" that this establishes comes at the expense of democratic citizenship itself! The shocking threat to Americans is highlighted when put this way. If so, then, what kind of "security" is it? It is security for mercenaries - to gut the country and our commonwealth for patronage and profit. It is security for Authority to become unaccountable and above reproach. It is the security for government to assume the underworld mentality of mobsters and racketeers to ruthlessly exploit anyone, and ruthlessly crush any objection to it. It is the absence of Law. This Bill gives the wolves the unencumbered power to scrutinize the Hen House. It layers unpardonable crimes with unpardonable powers that now substantiate autocrats allowing them to be invisible and unanswerable to Citizens. With unlimited warrantless surveillance now protected and indemnified, citizens are not only an afterthought; they are disposable. It gives potential tyrants the tools of intimidation and extortion and allows them any sweet treat they may choose to take for their troubles.

The temporary madness of

The temporary madness of King George 's US is almost finished... the long nightmare over... and a semblance of true leadership about to be embarked... What the Nation needs is proper education and news services... a smarter and more active voting public means better debates more involvement and a healthier democracy. King Dubya was a complete disaster!

This so-called FISA is the

This so-called FISA is the GREEN light for BOTH corporations and the government to spy without any judicial restrainst against innocent citizens.

Democracy Now! had an

Democracy Now! had an interesting program yesterday about this. [url=http://www.democracynow.org/2008/7/7/att_t_whistleblower_urges_against_immunity]Democracy Now![/url] Watch, listen or read at the site. Anyone not angry at our government by now isn't paying attention.

Very well said! It couldn't

Very well said! It couldn't be more clear. Terrorists might be a threat to an individual but not to the United States of America. 34000 Americans die in car crashes every year and we don't have a war on cars either! There is a reason why this country is great. It is great because our freedoms and rights are protected by the constitution and the bill of rights. They are NOT just an old piece of paper as Bush said. So much for Bush's patriotism!

Immunity from justice should

Immunity from justice should be the reward for testimony and evidence resulting in the convictions of higher-ups (such as Bush and Cheney).

Gutless Democrats, indeed.

Gutless Democrats, indeed. How can the young not become cynical about both entrenched parties, turning to the hope for change that Obama offers. And the great challenge will be not to add to the gang of Scalia on the Supreme Court, these callous polticians mascarading as jurists.The pernicious effects of the Bush/Cheney administration will take a generation to undo. In the meantime the brave dead and the maimed in this adventure for oil wlll have no rest, alas.

After a little while I get

After a little while I get tired of all the complaining about our spineless congress our biased political Supreme Court and of course our criminal govt. Why don't all these editorials and opinions just come out and really say it like it is : we are well on the way to an all-out dictatorship. One can't think of it in terms of the 20th century regimes, it is different: history never repeats itself in the same form. We are witnessing a new manner of dictatorship, a new modern progressive installment, much more subtle and insidious that previous incarnations but none the less as deadly. We are becoming the Third Reich of the 21rst Century and like the Germans before us once we are held accountable for our govt.'s crimes there will be no saying "...we didn't know...". That is unless we really get off our butts...but it don't seem likely! Genklag

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