Hypocrisy Abounds: The Bush Administration's Manipulation of the Constitution



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I'm starting to wonder why no one in the Democratic Party is challenging the GOP on their hypocrisy when it comes to their stance on the Constitution, when it comes to the warrantless wiretapping by the NSA that was authorized by President Bush..  They claim they want strict literal interpretation of the Constitution, unless the president wants to interpret Article 2, Sect. 1 to give himself the power to wiretap US citizens without a warrant.  Please allow me to explain how ridiculous the Bush administration's argument is on this subject.  The GOP's exhaustive mantra the last week or two, is that Bush took an oath to protect the American people, and therefore, is justified to take whatever means he deems necessary to do so.  This argument is purposely false.   The following is a direct quote from the Constitution, Article 2, Sect 1, as it explains the oath the President takes:

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--'I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.'

The president takes an oath to uphold the constitution, as does everyone who serves in the military.  But to uphold the constitution, the president must uphold the 4th Amendment:

Amendment IV

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.

Are you grasping this?  The president is not upholding his oath of office, as his administration is claiming, he is actually doing the exact opposite.  He is breaking his oath of office by not upholding, or defending if you please, the constitution due to the fact that his authorization of warrantless wiretapping is in direct violation of the 4th amendment.  The FISA courts were established for the very purpose of allowing the president to wiretap without a warrant if there is an immedaite threat.  He then has 72 hours afterwards to show the secret court probable cause so they can issue a rectroactive warrant.  The only reason I can find for the president to go around the FISA court is because he couldn't show probable cause, and the Democratic leadership desperately need to take him to task for it.   




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Proposition 8 ProtestThree of the four Republican presidential hopefuls sharply criticized the federal appeals court ruling declaring unconstitutional California's Proposition 8, which forbid gay couples to wed by defining marriage as being between only a man and woman.

Former House Speaker Newt Gingrich described this week's ruling as a "radical overreach of federal judges," while former Massachusetts Gov. Mitt Romney said the Ninth Circuit Court of Appeals judges "cast aside the will of the people" who voted to approve the controversial ballot measure in 2008.

And former U.S. Sen. Rick Santorum took to Twitter, claiming "7M Californians had their rights stripped away today by activist 9th Circuit judges."

But where do President Barack Obama and Ron Paul stand?

[Getty Images News Photo: Opponents of California's Proposition 8 celebrate a court ruling declaring it unconstitutional this week.]

...

Prop 8 Ruling: Where the Presidential Candidates Stand originally appeared on About.com US Politics on Wednesday, February 8th, 2012 at 19:47:19.

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