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War Crimes Proven: "RIGHTS NOT JUDICALLY ENFORCEABLE"

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pat_k Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 10:30 AM
Original message
War Crimes Proven: "RIGHTS NOT JUDICALLY ENFORCEABLE"
A very interesting phrase was omitted from the final version of Bush's War Criminals Protection Act

The phrase in itself proves the intent to commit a war crime with malice aforethought.

The phrase: "RIGHTS NOT JUDICIALLY ENFORCEABLE."

The phrase itself demonstrates a recognition that rights actually existed, and the intent to violate those rights through non-enforcement.

Yes. It is just that simple.

Case Closed on the newly inaugurated War Criminal Nation.

If they are Rights they Cannot be Unenforceable.

References

  1. Every instance of person thoughout this document is qualified in some manner, except ONE.

    For example, we see
    ". . .person who has engaged in hostilities. . ."
    ". . .person who is part of the Taliban. . ."
    ". . .persons who are authorized to detail such counsel for such commissions. . ."
    ". . .person subject to chapter 47 of. . ."
    ". . .person accused of torture. . ."
    ". . .person subject to this chapter. . ."
    ". . .such persons. . ."

    The exception is the provision that STRIPS us of our right to enforce our rights.

    • Final version
      (Enrolled Bill) as passed by both Houses

      SEC. 5. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.
      (a) In General- No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other 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.

      To view the bill search at http://thomas.loc.gov (enter "S.3930.ENR" and select the Bill Number radio button. The printer friendly version is easiest to search)


    • Original
      White House version
      SEC. 6. SATISFACTION OF TREATY OBLIGATIONS.
      (b) RIGHTS NOT JUDICIALLY ENFORCEABLE.
      (1) IN GENERAL.—No person in any habeas action or any other action may invoke the Geneva Conventions or any protocols thereto as a source of rights, whether directly or indirectly, for any purpose in any court of the United States or its States or territories. . .

      http://www.law.georgetown.edu/faculty/nkk/documents/MilitaryCommissions.pdf


  2. Let's call it what it is!

    The War Criminals Protection Act of 2006

    -------------
    Note: Posted this when the War Criminals Protection Act passed. Now that it is law, though it was worthy of a repeat.


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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 10:38 AM
Response to Original message
1. Has it been determined that a Supreme Court ruling or a Democratically
controlled Congress can overturn this heinous Bush Law?
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 10:42 AM
Response to Reply #1
4. If Congress ever chooses to reverse this law, it can.
Like any other law, the president of the time could veto and Congress could try to override the veto.

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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 11:24 AM
Response to Reply #4
8. Then all is not lost. The next two elections may be a mandate
against All things Bush.

Put that in your pipe, Nora O., and choke on it.
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fooj Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:01 PM
Response to Reply #8
11. Unless, of course, he decides to proclaim the winners ENEMY COMBATANTS
:cry:

Maybe that's why the little prick has a smirk on his face.
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pat_k Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:05 PM
Response to Reply #8
12. Impeachment is the weapon we gave Congress to fulfill their oath. . .
Edited on Thu Oct-19-06 12:07 PM by pat_k
. . .to support and protect the Constitution.

We cannot leave "rule by signing statement" unchallenged until the next election.

"Politics as usual" cannot reassert the terms of our common contract (i.e., the Constitution of the United States)

Something else I just posted is relevant here:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2432871&mesg_id=2432871

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pat_k Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:01 PM
Response to Reply #1
10. We the people are the Sovereigns
Edited on Thu Oct-19-06 12:09 PM by pat_k
We yielded none of our collective sovereignty to any institution we established in our Constitution.

Congress is our voice.

Contrary to the saying, we are indeed a nation of men, not laws. Reality and the intent of the law trumps cynical misuse of the courts or abuse of power to twist black letter law. When abuse of our institutions puts our common contract, the Constitution, into breach, we put mechanisms in that contract by which we can reassert the terms. (e.g., Protect against stolen Presidential elections via rejection of illegitimate electors on Jan 6th, Impeachment)
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Hubert Flottz Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 10:38 AM
Response to Original message
2. Let's call it what it is!
The Final Solution to Bush's Political Problems...
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redqueen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 10:40 AM
Response to Original message
3. Funny they think this will protect them if the world turns against them.
Shameless...
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 03:17 PM
Response to Reply #3
16. It's actually going to save us big $ when used on THEM.
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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 10:52 AM
Response to Original message
5. War Criminals Protection Act of 2006
Edited on Thu Oct-19-06 10:54 AM by chill_wind

Let's call it what it is!

The War Criminals Protection Act of 2006

-------------
Note: Posted this when the War Criminals Protection Act passed. Now that it is law, though it was worthy of a repeat.



Yes. You did, and it is. I remember your threads and your terms of it vividly. I haven't been able call it anything else since. None of us should. You've said it all.

Thank you again for another vigilent and informative thread on the gravest issue we could be talking about today or any other day until all of America wakes up. WAKES UP!

K&R.

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pat_k Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:13 PM
Response to Reply #5
13. Aw Shucks. . .
. . .Thank you for your thanks! (It's wonderful to receive acknowledgement, but often hard to accept without a pang of embarrassment).

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enlightenment Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 10:53 AM
Response to Original message
6. I thought about clipping the most relevent bits . . .
But ALL of it is relevent today:
-------------------------------

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred. to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 11:04 AM
Response to Reply #6
7. Thank you. A more visceral and profound reading experience than ever.
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enlightenment Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 11:47 AM
Response to Reply #7
9. My personal favorite
I have to admit, I like it more than the Constitution, which, though the more 'important' of the two documents, does not invoke the passion that ultimately powered our revolution.

Sometimes I think we forget how incredibly pissed off the people were with Parliament and King George. They were beyond "working out their differences" in a reasonable fashion; they were betrayed by their nation and by their government.

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pat_k Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:35 PM
Response to Reply #9
15. Yesterday I wanted to reach through the TV and knock Clinton. . .
Edited on Thu Oct-19-06 12:44 PM by pat_k
. . .upside the head with a big fat Cluestick.

Two of his http://www.rawstory.com/news/2006/Bill_Clinton_talks_about_common_good_1018.html">key themes are completely irreconcilable.

. . .most of us long for a politics where we have genuine arguments, vigorous disagreements, but we don't claim to have the whole truth and we don't demonize our opponents and we're really trying to work on what works best for the American people. . .


. . . The problem with ideology is if you got an ideology, you already got your mind made up, you know all the answers, and that makes evidence irrelevant and argument a waste of time, so you tend to govern by assertion and attack. . .


There are times when we must give up on trying to "work out our differences." Clinton's failure to acknowledge this is frustrating beyond belief. I can't believe he doesn't know better!

When you are confronted idealogs' irrational assertions and attacks, you are facing a self-declared enemy who understands nothing except force.

Senator nails it. See http://journals.democraticunderground.com/Senator/1">The RoadMap to Impeachment: "Violence" is The Answer

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pat_k Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 12:21 PM
Response to Reply #6
14. "the consent of the governed"
Edited on Thu Oct-19-06 12:23 PM by pat_k
. . .the SOLE moral principle on which our nation was founded.

. . .Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.. . .


We must fight not to allow these simple truths and moral principles to be lost in legalistic claims of "complexity."

From http://january6th.org/reject-fascist-fantasy.html

. . .Fascist fantasies like unitary authoritarian executive are NOT ideas to be "argued on the merits." Just as intelligent design has no place in our science classes, their fantasies have no place in the "marketplace of ideas."

We must stop calling their fantasies "theories." No more debating "on the merits." The moment we engage and treat their fantasies as plausible theories, we legitimize their fantasies.

Unitary Executive: American principle v. Fascist principle

The notion that the 1973 war powers act (which was passed by Congress and can be revoked or radically altered by them) empowers the President of the United States to ignore our laws must be rejected on principle -- American principle v. Fascist principle. It is lunacy to think the Constitution for the United States of America gives (or even might give) the Presidency the power to flagrantly violate the collective will of the people codified in the acts and resolutions passed by our Congress.

You do not need an expert to weigh in. You don't need a law degree, or even a high school degree to know that absolute power like that is NEVER freely given to a leader; it is only taken by deception or force.

This is not the first time that fascists have appealed to legalistic technicality and "complexity" to thwart the will of the people, and it will not be the last. . .
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pat_k Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 03:19 PM
Response to Original message
17. Shameless self-promotion -- just two more votes to next level up. . . nt
Edited on Thu Oct-19-06 03:20 PM by pat_k
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pat_k Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-19-06 06:46 PM
Response to Reply #17
18. Almost there. . .
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